States Assembly Annual Report 2009

CONTENTS

Foreword by the Bailiff of Jersey, President of the States................................ 5 Introduction by the Chairman of the Privileges and Procedures Committee 6

1. THE STATES ASSEMBLY

1. Introduction ................................................................................................. 7
2. Membership................................................................................................. 8
3. Average length of service............................................................................ 9
4. Average age of elected members................................................................. 9
5. Number of female parliamentarians............................................................ 10
6. Number of meetings.................................................................................... 10
7. Length of meetings...................................................................................... 11
8. Allocation of time........................................................................................ 12
9. Oral questions with notice........................................................................... 13
10. Oral questions without notice...................................................................... 14
11. Written questions......................................................................................... 15
12. Total number of questions with notice........................................................ 16
13. Statements.................................................................................................... 16
14. Public Business............................................................................................ 18
15. Significant debates during 2009.................................................................. 22

2. INTER-PARLIAMENTARY BODIES

1. Introduction ................................................................................................. 26
2. Commonwealth Parliamentary Association (CPA)..................................... 26
3. Assemblée Parlementaire de la Francophonie (APF).................................. 29
4. British-Irish Parliamentary Assembly......................................................... 32
5. Cricket match against the States of Guernsey............................................. 33

3. PRIVILEGES AND PROCEDURES COMMITTEE

1. Membership................................................................................................. 34
2. Meetings...................................................................................................... 34
3. Significant items dealt withby the Committee........................................... 34
4. Ongoing items ............................................................................................. 38

4. SCRUTINY PANELS AND PUBLIC ACCOUNTS COMMITTEE Foreword by the President of the Chairmen's Committee.......................... 38

1. Introduction ................................................................................................. 40
2. Work of Panels............................................................................................ 44

1. Corporate Services Scrutiny Panel............................................... 44
2. Economic Affairs Scrutiny Panel................................................. 50
3. Education and Home Affairs Scrutiny Panel............................... 52
4. Environment Scrutiny Panel ........................................................ 55
5. Health, Social Security and Housing Scrutiny Panel................... 59
6. Public Accounts Committee......................................................... 64

3. 2009 Scrutiny Matters: issues and developments........................................ 69

Appendix A: Panel and Public Accounts Committee 2009 completed

reviews – dates and costs ............................................................. 77 Appendix B: Other Scrutiny Panels and Public Accounts Committee work

2009.............................................................................................. 78 Appendix C: Composition of Scrutiny Panels and Sub-Panels for all reviews

commenced in 2009 ..................................................................... 79 Appendix D: Scrutiny Expenditure as at 31st December 2009 ......................... 80 Appendix E: Completed work relating to Panels' Terms of Reference as at

year end 2009............................................................................... 81 Appendix F: Scrutiny Section Travel and Entertainment Costs for 2009......... 82

5. THE STATES GREFFE

1. Committee Clerks' Section....................................................................... 83
2. Ministerial Decisions................................................................................ 85
3. Training .................................................................................................... 87
4. Access to information............................................................................... 88
5. Official report Hansard'.......................................................................... 88
6. British-Irish Parliamentary Reporting Association (BIPRA)................... 89
7. States Assembly Information Centre ....................................................... 90
8. Public Engagement................................................................................... 91
9. Publications Editor ................................................................................... 92
10. Registry..................................................................................................... 92
11. Reprographics........................................................................................... 93
12. Staffing matters......................................................................................... 93
13. States Assembly website .......................................................................... 94
14. The Youth Assembly................................................................................ 95
15. Primary school visits to the States Chamber............................................ 97

Appendix G: Membership of the States Assembly January 2009 ..................... 98

Foreword by the Bailiff of Jersey, Mr. Michael C. St.J. Birt

I  am  delighted  to  have  been  invited  by  the  Chairman  of  the  Privileges  and  Procedures Committee to contribute a foreword to the fourth Annual Report of the States Assembly. As the Report shows, 2009 has been an extremely busy year. The States sat on 60 occasions (including the formal Sitting on Liberation Day) and the graph at paragraph 1.6 of the Report shows that this was a considerable increase over previous years. It will be interesting to see whether this level of activity increases further, is maintained or is reduced. Proceedings in the Assembly are of fundamental importance to the functioning of our parliamentary democracy. On the other hand, as the Report also shows, members have many important duties to perform outside  the  Assembly,  such  as  Ministerial  and  Scrutiny  duties,  as  well  as  constituency business. It will be for members to decide how these competing pressures are best dealt with.

The Report contains a wealth of information about the important work carried on by the States and its members and I am sure that it will be of great assistance to all those who are interested in the functioning of our legislature. I had the honour to be sworn in as Bailiff during the course of the year and I regard it as a privilege to preside in the Assembly. I would like to take this opportunity of thanking members for their support and understanding during this first year of my term of office. I would also like to express particular thanks to the Greffier and his loyal staff. The Assembly is extremely well served by all those who work in the States Greffe.

Introduction by the Chairman of the Privileges and Procedures Committee

Connétable Juliette Gallichan of St. Mary

On behalf of the Privileges and Procedures Committee, I am pleased to present this fourth Annual Report of the States Assembly. 2009 was certainly a busy year on all fronts, with new records being set for the number of meeting days and also for the total length of the Sittings. The number of propositions debated showed a marginal increase over 2008, but the average length of debating time per proposition rose by just over 13%. In 2009, more private members' propositions were tabled than in the previous year, but there were fewer debates on new legislation and ministerial policy. The year also brought a continuation in the trend of increasing numbers of written questions being asked; and saw the time allocated for the answering of oral questions with  notice  increased  from  90 minutes  to  120 minutes,  by  a  change  in  Standing Orders.

The Scrutiny function, under a new President, continues to pursue an ambitious work programme; and in order to follow up the publication of Reports, has taken steps to ensure that the Ministerial Response to Scrutiny Reports is closely monitored.

As in previous years, a wide cross-section of Members was able to utilise links with other inter-parliamentary bodies to gain experience across many areas of common interest. With the Jersey section of the Assemblée Parlementaire de la Francophonie hosting the Regional Conference in April, a greater number of local States Members than  usual  were  able  to  see  this  organisation  in  action  and  to  understand  the similarities which Jersey has with many other member countries.

Once again, I would like to make reference to the professionalism of the staff of the States Greffe and to thank them for the support they give to all Members of the Assembly, particularly in dealing with the increased business of the Assembly noted above.  I  am  particularly  grateful  for  their  assistance  in  compiling  this  important report.

1. THE STATES ASSEMBLY

1. Introduction

2009 was the first year of the 3 year electoral cycle following the swearing-in of the new States on 8th December 2008. The States meetings in December 2008 had been entirely  devoted  to  the  process  of  appointing  members  to  positions  of  official responsibility in the new States and 2009 was therefore the first year for the new Assembly to  consider normal business such  as Questions, Statements  and Public Business. The Assembly convened for the first time to consider these matters on 20th January 2009.

The 14 new members who had joined the States on 8th December 2008 had all been appointed to positions of responsibility within the Assembly in December 2008 and all played a very active role during 2009. One had been appointed as a Minister, 4 as Assistant Ministers, 2 as Chairmen of Scrutiny Panels and 7 as members of Scrutiny Panels  or  the  Public  Accounts  Committee.  In  addition,  2  new  members  were appointed as members of the Privileges and Procedures Committee.

As indicated in later sections of this report, the Assembly met for longer than ever before in 2009. This was a change from previous 3 year electoral cycles where the first year after the elections has traditionally been the quietest year of the 3 year cycle.

2. Membership

There were no changes to the elected membership of the States during 2009, but the Bailiff of Jersey, Sir Philip Bailhache , the President of the States, retired at the end of June 2009.

Sir Philip had been Bailiff since 1995 and had sat in the Assembly continuously since 1972 when he was elected as the Deputy of Grouville . He had been appointed as H.M. Solicitor General in 1975 and H.M. Attorney General in 1986, before becoming Deputy Bailiff in 1994. He had been sworn in as Bailiff in 1995.

The retirement of the Bailiff was marked in a number of ways in the Island; and the Chairman of the Privileges and Procedures Committee, the Connétable of St. Mary , paid tribute to him on behalf of all States members at the end of his last Sitting on 30th June 2009. The Chairman drew attention to the tremendous contribution that Sir Philip had made to Island life during his career in public office and drew particular attention to the efforts he had made to enhance the annual celebration of Liberation Day by instituting the now traditional States meeting on 9th May, followed by the commemoration in Liberation Square. The Chairman's good wishes to the Bailiff for a long, happy and healthy retirement were met with sustained foot-stamping from all members.

Sir Philip Bailhache 's successor, the then Deputy Bailiff , Mr. Michael C. St. John Birt, was sworn in as Bailiff on 9th July 2009. Mr. Birt presided in the Assembly for the first time in his new capacity on 13th July 2009 when he was welcomed by the Chairman of PPC on behalf of all members.

The former H.M. Attorney General, Mr. William James Bailhache , was sworn in as the new Deputy Bailiff on 2nd November 2009. Mr. Bailhache presided for the first time  in  the  Assembly  on  4th  November  2009.  Mr. Bailhache 's  successor  as H.M. Attorney  General,  Mr. Timothy  J.   Le Cocq  Q.C.,  the  former  H.M. Solicitor General, was sworn in on Tuesday 10th November 2009.

3. Average length of service

On 31st December 2009 the average length of service of the 53 elected members was 7 years. This can be broken down as follows –

Within the 3 categories of membership the average length of service was as follows –

Average length of service Senators  12 Connétable s  7

Deputies  5

4. Average age of elected members

With no changes in the elected membership of the States during 2009, the passage of time meant that the average age of the Assembly increased by one year to 54 as at 31st December 2009, when compared with the end of 2008. The breakdown in the age of members is given in the following table –

5. Number of female parliamentarians

The number of female parliamentarians in Jersey falls short of the 30% target for female  representation  in  Commonwealth  Parliaments  that  was  agreed  at  the Commonwealth Heads of Government meeting in Edinburgh in 1997. 22.6% of the members  of  the  States  are  female  members,  with  the  breakdown  shown  in  the following table –

6. Number of meetings

As mentioned in the introduction above, the Assembly had an extremely busy year during 2009 and met for a record number of days. The Assembly convened on a total of  60 days  during  the  year,  with  59  of  these  meeting  days  being  for  ordinary' business and with one meeting being the traditional special meeting on Liberation Day, 9th May. The large number of meeting days was somewhat unexpected as, in the past, the Assembly has traditionally met less during the first year after elections, with the number of meetings increasing to a maximum in the year of the election. This is illustrated in the following graph where the year in blue is the first year after an election and the year in green the election year –

70 60 50 40 30 20 10 0

1997 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008 200 9

It will be of interest to note whether this pattern is repeated during the 2009–2011 electoral cycle.

The  Privileges  and  Procedures  Committee  had  scheduled  21 meetings  of  the Assembly in 2009, each of which had 2, and in one case 3, scheduled continuation days. The 59 meeting days were, in fact, made up of the 21 scheduled meeting days together with 30 out of the 43 proposed scheduled continuation days. The Assembly agreed to meet on 7 other days that were not initially scheduled continuation days and there was, in addition, one meeting that was requisitioned by elected members in accordance with the provisions of Standing Order 5 which permits 7 members to requisition an additional meeting.

7. Length of meetings

The Assembly sat for a record total of 351 hours and 2 minutes during the 60 meeting days in 2009. The special meeting on Liberation Day lasted only 14 minutes and the time spent during the other 59 meeting days for ordinary' business was therefore 350 hours and 48 minutes. This means that the Assembly  met  for  an  average of 5 hours  and  57 minutes  per  meeting  day,  which  is  not  far  short  of  the  standard 6½ hour day if the Assembly meets between 9.30 a.m. and 5.30 p.m. with a 90 minute lunch adjournment.

The 350 hours and 48 minutes spent on ordinary' business were spread over the 12 months of 2009 as shown in the following graph –

60 50 40 30 20 10 0

Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec

The lengthy meetings in June and September were a result of the debates on the Strategic  Plan  and  the  Annual  Business  Plan  respectively.  The  Assembly  spent 28 hours  and  55 minutes  debating  the  Strategic  Plan  in  June;  and  26 hours  and 47 minutes  in  September  debating  the  Annual  Business  Plan  (with  that  debate stretching into early October and lasting, in total, 33 hours and 14 minutes).

8. Allocation of time

The total of 350 hours and 48 minutes spent in the States on ordinary' business during the 59 meeting days was broken down as follows –

9. Oral Questions with notice

Oral questions with notice can be answered at any scheduled meeting of the Assembly but not during continuation days unless they are approved by the Bailiff as urgent questions. There were 6 urgent questions asked during 2009.

Members must submit oral questions with notice to the Greffier no later than noon on the Thursday preceding the Tuesday States meeting. Each member can only give notice of 2 such questions for each meeting and each question must be no more than 70 words long.

Oral questions with notice were asked at each of the 21 scheduled meetings of the States in 2009; and 333 such questions were answered during the year. In addition, as mentioned above, 6 urgent questions were also asked. The combined total of these 2 sorts of questions was therefore 339, which is a 67.8% increase over the 2008 total of 202.

The 333 oral questions with notice were answered during a fixed period at each scheduled meeting. For the first Session of the year (the 13 meetings from January until July) the period was fixed at 90 minutes per meeting. Following an amendment to Standing Orders agreed in July, the period was increased to 2 hours from the start of the second Session in September; and that 2 hour period applied for the 8 meetings of the second Session. The amendment was brought in response to concerns that the 90 minute period did not give adequate time to answer the questions submitted and many  were  remaining  unanswered  at  the  end  of  the  90 minute  period.  Between January and July, 51 questions remained unanswered at the end of the 90 minute period and on one occasion, 10th March 2009, more questions remained unanswered than those that were answered. Following the extension of the period, no questions were unanswered at the end of the 2 hour period in the second Session of the States between September and December.

The total time spend by the Assembly in dealing with the 333 oral questions with notice was exactly 37 hours, meaning that the average time taken for each question was 6.7 minutes. The 6 urgent questions were dealt with in a total of one hour and 19 minutes, giving an average per urgent question of 13.2 minutes.

The  breakdown  of  Ministers/Committees  and  others  with  official  responsibility answering the oral questions with notice (including the 6 urgent questions) was as follows –

10. Oral Questions without notice

Following the period of oral questions with notice at every scheduled States meeting, there is a period of 30 minutes set aside for oral questions without notice to Ministers. Two Ministers answer for up to 15 minutes each on a rota basis, with the Chief Minister answering at every other States meeting. A total of 11 hours and 15 minutes was spent on oral questions without notice during the 21 scheduled meetings in 2009. The average time spent at each meeting was therefore marginally over the statutory 30 minutes period at 32.1 minutes.

Ministers answered as follows –

11. Written Questions

There was a very significant increase in the number of written questions dealt with during 2009, notwithstanding the amendments to Standing Orders that had come into force in December 2008 limiting the number of written questions that each member can submit for a States meeting. Under the revised Standing Order, each member is able to submit up to 5 written questions for each meeting, with each question not exceeding 200 words in length.

In 2009, 419 written questions were dealt with, a 49.6% increase over the 2008 total of 280 and almost exactly double the 2007 total of 209.

Written  answers  were  tabled  at  every  one  of  the  21  scheduled  meetings  of  the Assembly, with the most being answered on 20th October 2009, when 34 written answers were tabled. The average number of questions per meeting was 19.9.

The breakdown of Ministers, Panels, Committees and others answering the written questions was as follows –

12. Total number of Questions with notice

The combined total of oral questions with notice, urgent oral questions and written questions during 2009 was 758, increasing by some 57.3% when compared to the 2008 total of 482.

The breakdown of the 758 questions in 2009 is shown in the following graph –

Treasury and Resources Chief Minister

Economic Development Health and Social Services

Transport and Technical Services Home Affairs

Social Security Education, Sport and Culture

Planning and Environment Housing

HM Attorney General Privileges and Procedures

Comité des Connétable s Chairmen's Committee

Health, Soc. Sec. and Housing Scr. Panel Economic Affairs Scr. Panel

0 20 40 60 80 100 120

13. Statements

There were 34 statements made in the Assembly during 2009, a decrease compared to the 2008 total of 47. The 34 statements and the period of questioning that followed lasted a total of 7 hours and 14 minutes, meaning that each statement took an average of 12.8 minutes.

Twenty-nine of the statements were made by Ministers and other office-holders on matters of official responsibility; and 5 were personal statements.

The breakdown of those making statements was as follows –

14. Public Business

Debates  on  draft  legislation,  policy  matters  and  other  propositions  under  Public Business occupied the Assembly for the majority of its sitting hours, as would be expected. During 2009 the Assembly spent a total of 271 hours and 27 minutes on Public Business which, as indicated in Section 1.8 above, represents 77.4% of the total sitting hours during the year. The total of 271 hours and 27 minutes compared with 230 hours and 29 minutes in 2008; and was therefore a 17.8% increase. The 2008 total was, in itself, a significant increase over the 2007 total of 184 hours and 23 minutes.

Although  the  total  time  spent  on  Public  Business  increased,  the  number  of propositions debated was not significantly greater than in 2008, as 181 propositions were debated during the year, compared to the 2008 total of 174. Although the time taken for each proposition varied widely, the overall average time per proposition rose from 79.5 minutes in 2008 to 90 minutes in 2009.

The breakdown of the number of each type of proposition debated during the year was as follows –

The total time spent on the various categories of proposition and the percentage of the total time is shown in the following table –

It is of interest to note the differences in the time spent on the different categories of proposition in 2009, when compared to 2008 as shown in the graph below (2008 totals in yellow, 2009 totals in blue underneath) –

Indiv.members policy Str. Plan/ABP/Budget Regulations

Laws Ministerial policy PPC/Comite des Con Scrutiny panel Appointments

No confid./censure Standing Orders Legislative Acts Petitions

Property matters

0 1,000 2,000 3,000 4,000 5,000 6,000 7,000

Minutes

2008 totals in Yellow, 2009 totals in Blue

The  additional  time  spent  on  the  Strategic  Plan/Annual  Business/Budget  heading arises largely from the fact that the Strategic Plan was debated in 2009 and, as that debate only takes place once every 3 years, it had not happened in 2008. Of the total 74 hours and 43 minutes spent on these 3 matters, 28 hours and 55 minutes were spent on the Strategic Plan debate. If this item is discounted, the combined time spent on the Annual Business Plan and Budget was nevertheless 10 hours and 26 minutes more than in 2008.

As  shown  in  the  table  above,  the  amount  of  time  spent  debating  new  laws  and Ministerial Policy matters was less than 2008, which is understandable in the first year of the term of the new Council of Ministers. It is apparent from the table above that the most significant increase arose in relation to propositions lodged by private members,  where  there  was  an  increase  of  over  46 hours'  debating  time  when compared to the 2008 total. As can be seen, the Assembly spent almost 40% of its total debating time considering matters brought forward by private members in their own right.

The number of propositions lodged au Greffe' during any year will always differ from  the  number  of  propositions  debated,  as  some  propositions  that  are  debated during the year have been lodged in the last few months of the previous year and, similarly,  some  propositions  lodged  during  a  year  will  not  be  debated  until  the following year. In addition, there are a number of propositions lodged that are never debated  as  they  are  withdrawn  before  coming  to  the  Assembly.  The  number  of propositions lodged during the year is nevertheless a useful indication of the level of activity and can be compared from year to year. During 2009, 212 new propositions were  lodged,  which  is  an  increase  of  13.4%  over  the  2008  total  of  187.  The breakdown into the different types of propositions lodged was as follows –

The following table shows those responsible for lodging the 212 propositions –

Any proposition lodged can be subject to amendment and, in turn, amendments may be  subject  to  amendment  to  amendments.  The  total  number  of  amendments  and amendments to amendments lodged during 2009 was as follows –

It is of note that 33 of the amendments related to the 3 major debates on the Strategic Plan,  the  Annual  Business  Plan  and  the  Budget;  and  6  of  the  7 amendments  to amendments also related to these 3 debates.

15. Significant debates during 2009

Although the Assembly met for a record length of time in 2009, there were not a significant number of pieces of major legislation or Ministerial policy matters considered by the Assembly. This is understandable in the first year of the term of office of the new Council of Ministers appointed at the end of 2008. As the figures in earlier sections show, the amount of business brought forward by private members was significant and was a major contributor to the increase in sitting hours.

Some of the more significant items discussed by the Assembly during the year were as follows –

• Review of the role of the Bailiff , Attorney General and Solicitor General The Assembly agreed in February to establish an independent review of the roles of the Bailiff , the Attorney General and the Solicitor General. The proposition to establish such a review was brought by the Deputy of St. Martin in February; and the terms of reference of the review were approved in May on a proposition brought by the Council of Ministers. The membership of the Panel was agreed in December. The Panel will be chaired by the Rt. Hon. The Lord Carswell and the members of the review are Mrs. Marie-Louise Backhurst, Dr. Sandra Mountford, Mr. Ian Strang and Mr. Geoffrey Crill.
• Economic Stimulus Plan

In 2006 the States established a Stabilisation Fund, the purpose of which was to set aside funds to be available in the event of an economic downturn. In response to the international economic situation the States approved a proposition of the Minister for Treasury and Resources to allocate £44 million from the Stabilisation Fund to provide funding for a proposed discretionary economic stimulus package to stimulate the local economy. It was agreed that the Corporate Services Scrutiny Panel would be offered the opportunity to consider the proposals for economic stimulus put forward by the Minister.

• Strategic Plan

Article 18(2)(e) of the States of Jersey Law 2005 requires the Council of Ministers to lodge for approval a statement of the Minister's common strategic policy within 4 months of their appointment. The Strategic Plan is intended to set the overall policy framework for the 3 year term of the Council of Ministers. The draft Plan was debated and amended by the States Assembly as a whole in June 2009. There were 47 individual amendments to the draft Plan, 32 of which were adopted and 15 of which were rejected. The debated lasted 28 hours and 55 minutes spread over 5 separate sitting days.

• Depositors Compensation Scheme

The Minister for Economic Development brought forward a scheme to compensate bank depositors in the event of a bank failure. A number of related pieces of legislation to give effect to the scheme were lodged by the Minister for Economic Development and the Minister for Treasury and Resources. Debate on the scheme began in July and, after the adoption of the principles of the main piece of legislation, the Economic Affairs Scrutiny Panel decided to scrutinise the legislation. The Scrutiny Panel reported to the Assembly in October 2009 and the debate resumed in November 2009 with a large number of amendments brought forward by the Scrutiny Panel. The legislation was all adopted by the Assembly and the Depositor Compensation Scheme is now in force in Jersey.

• Residential Tenancy Law

This legislation was brought forward by the Minister for Housing in response to concern over many years concerning the legal position that tenants had in Jersey law. The new legislation provided a modern framework of principles to provide a legal basis for the development of fair, transparent, well-regulated agreements between landlords and tenants.

• Composition and Election of the States Assembly

Following detailed background research, the Privileges and Procedures Committee brought forward a further attempt to agree reform of the composition of the Assembly. The proposals lodged by the Committee recommended a future composition of 49 members made up of the 12 Parish Connétable s and 37 other members elected in 6 new large electoral districts. The proposals were debated in September 2009 together with a number of amendments suggesting alternative structures. The main proposition and all of the amendments were rejected and no change to the composition was therefore agreed. The States nevertheless adopted a proposition of Deputy J.A.N. Le Fondré of St. Lawrence that a single election day should be held for the 3 categories of States members; and this will be implemented from 2011 when the next ordinary elections take place.

• Annual Business Plan

The annual debate on departmental objectives and the spending limits for the following financial year in the Annual Business Plan is always considered to be one of the most significant debates each year. The debate took place over 5 days in late September and early October and there were 30 individual amendments lodged, 24 of which were adopted and 6 of which were rejected.

• Civil partnerships

In October the States adopted a proposition brought forward by the Chief Minister and agreed in principle that civil partnerships should be allowed in Jersey to make provision for people of the same sex to enter into a civil partnership. This in principle' decision paved the way for changes to legislation to be made to enact this change in due course.

• Sex Offenders Law

This legislation, brought forward by the Minister for Home Affairs, was adopted in October. The aim of the Law was to reduce the risk of sexual offences being committed by managing the risk posed to the public by sex offenders and those who may be sexual predators on children. One of the key provisions of the new legislation was to ensure the protection of the public by introducing notification requirements so that the Island authorities are aware that an offender resides in the Island.

• Budget

Now that spending decisions are taken in the Annual Business Plan, the Budget only relates to taxation and income generation and, as a result, it has in recent years become less controversial. The Budget was debated in early December and only 4 individual amendments were lodged, 3 of which were rejected and one of which was adopted. The amendment that was adopted was brought forward by Deputy S. Power of St. Brelade and had the effect of cancelling all proposed duty increases on alcohol, tobacco and fuel.

• Exchange of taxation information

Numerous international agreements between Jersey and third countries relating to the exchange of information in taxation matters were ratified by the States during the year and associated amendments were made to Regulations. During 2009 the States ratified agreements with Australia, New Zealand, Denmark, the Faroes, Finland, Greenland, Iceland, Norway, Sweden, France, Ireland and the United Kingdom.

• Propositions brought forward by private members

As mentioned above, there were a large number of matters brought forward by private members during the year, and this was reflected in the allocation of time spent on Public Business. Some of the most significant debates included –

1. Energy from Waste Facility – recindment.

The Deputy of St. Mary sought to rescind the decision to build a new Energy from Waste' Plant at La Collette to replace the current incinerator. This proposition was rejected.

2. GST exemption for Food and Domestic Energy

The Deputy of Grouville lodged a proposition asking the States to vary their previous decision on Goods and Services Tax and exempt foodstuffs and domestic energy, but this proposition was rejected.

3. Woolworths employees and insolvency schemes

The closure of Woolworths was debated in the Assembly on a proposition of Deputy G.P. Southern of St. Helier relating to payment of statutory notice periods to employees. This proposition was adopted and the Deputy later returned to the Assembly with a further proposition relating to payments to employees in other cases of insolvency.

4. Oral Questions with Notice

The Assembly debated 2 propositions from private members to extend the original 90 minute period for oral questions with notice at each States meeting. Deputy M. Tadier of St. Brelade sought to remove the time limit, but this was rejected. The Deputy of St. Martin proposed an increase from 90 minutes to 2 hours and this was adopted and is now in force following a separate formal amendment to Standing Orders.

5. Rental Deposit Scheme

The States adopted a proposition of Deputy G.P. Southern of St. Helier requesting the Minister for Housing to establish a scheme to protect deposits paid by tenants in rental property.

6. States Employees pay increase for 2009–2010

Following the announcement of a pay-freeze for all public sector employees by the Minister for Treasury and Resources, the States debated whether this should be challenged on a proposition brought forward by the Deputy of St. John . The proposition was rejected and the Minister subsequently brought forward an amendment to the 2009 Annual Business Plan to withdraw funding from departments that would have been used to fund a pay increase. Deputy S. Pitman subsequently lodged a proposition to seek to rescind this decision, but that was rejected.

7. Suspension Procedures for Public Employees

The Deputy of St. Martin lodged a proposition relating to the procedures used when public employees were suspended and this was adopted. The Deputy subsequently lodged a further proposition that was also adopted relating to the composition of the Review Panel that is to be established to review suspension.

2. INTER-PARLIAMENTARY BODIES

1. Introduction

The States of Jersey is a member of a number of international inter-parliamentary bodies and members of the States continued to play an active role in a number of different conferences and meetings of these bodies during 2009.

2. Commonwealth Parliamentary Association (CPA)

The States of Jersey has been an active member of the Commonwealth Parliamentary Association for many years, although the number of events and seminars attended by members during 2009 was somewhat less than in previous years.

Commonwealth Day 2009

One  young  person  from  Jersey,  Felicity  Le Quesne,  was  invited  to  attend  the Commonwealth Day Observance in London on 9th March 2009 organised by the CPA Secretariat.  In  addition  to  participating  in  discussions  with  members  of  the Parliament  and  others  in  the  morning,  Felicity  attended  the  Commonwealth  Day Service in Westminster Abbey in the presence of Her Majesty The Queen during the afternoon  and,  in  the  evening,  was  able  to  attend  the  Commonwealth  Secretary General's Evening Reception at Marlborough House, once again in the presence of Her Majesty The Queen.

The participants in the Commonwealth Day observance with the CPA Secretary-General

Visit to Westminster by newly-elected members

Thirteen of the 14 new members elected in 2008 visited the Houses of Parliament as guests  of  the  United  Kingdom  CPA Branch  on  18th  March  2009.  A  very comprehensive and interesting programme was arranged for the day. The delegation was welcomed at Westminster Hall , Houses of Parliament in the CPA Room and following  refreshments,  Mr.  Chris  Stanton  of  the  Public  Bill  Office,  House  of Commons, led a discussion on the Westminster Parliamentary system. The delegation was then escorted to view the Speaker's Procession and onward to attend in the Gallery in the House of Commons to observe questions to the Secretary of State for Scotland  and  then  questions  to  the  Prime  Minister.  The  UK  Branch  hosted  the delegates to a light lunch in the CPA Room, during which the delegates met a number of members of the House of Lords and the House of Commons. The afternoon session commenced with a briefing from Mr. Ed Ollard, Clerk of Committees, House of Lords, on the workings of the House of Lords. The delegates then viewed the House of Lords in session and were able to note the differences in the way the 2 Houses operated. The afternoon ended with a very lively discussion on the communication between H.M. Government and the Crown Dependencies. Ms. Rose Ashley, Head, Crown  Dependencies  Team  and  Miss  Janet  Tweedale,  also  from  the  Crown Dependencies Team, Ministry of Justice, attended to give an overview of how the relationship operated.

The newly-elected members in a Committee Room at the Palace of Westminster

British Islands and Mediterranean Region Conference – Guernsey

The Annual Regional Conference of the British Islands and Mediterranean Region was held in Guernsey between 15th and 19th June 2009. The Jersey delegation was led by Connétable D.J. Murphy of Grouville , who was accompanied by Connétable M.K.   Jackson  of   St. Brelade ,   Deputy  A.E.   Jeune  of   St. Brelade  and   Deputy  D.J. De Sousa  of   St. Helier .  The  theme  of  the  conference  was  "The  International Economic Downturn, its impacts and the responsibilities of Parliamentarians" and, in addition to the discussions between the delegates, there were a number of expert speakers who made presentations on this theme. The Jersey members played an active part in the conference, with each of the various workshops and topic areas being attended by a Jersey delegate. At the end of the formal conference sessions, the delegates had a trip to Sark and they also took advantage of an invitation from the States of Alderney to visit that Island and hear more about the tidal power proposals being developed there.

Deputy D.J. De Sousa, Connétable M.K. Jackson of St. Brelade , Connétable D.J. Murphy of Grouville (Leader) and Deputy A.E. Jeune of St. Brelade at the Regional Conference

29th  Small  Branches  and  55th  Commonwealth  Parliamentary  Conference – Tanzania

The Annual Small Branches and Plenary Commonwealth Parliamentary Conferences were  held  in  Arusha,  Tanzania,  between  29th  September  2009  and  Tuesday  6th October  2009.  The  Jersey  delegation  was  led  by   Connétable  L.  Norman  of St. Clement , who was accompanied by Senators T.J. Le Main and P.F. Routier. The Jersey delegates played a very active role in the Small Branches Conference, with Senator Le Main giving the vote of thanks at the Opening Ceremony on behalf of all delegates; and both Connétable Norman and Senator Routier acting as lead presenters in 2 of the Plenary discussions. The delegates also attended a variety of workshops during  the  main  conference  to  ensure  that  Jersey  was  well-represented.  At  the conclusion of the Conferences the delegates remained in Arusha at their own expense in order to visit a number of Jersey Overseas Aid Projects. A full report of these visits was included in the CPA Branch's Newsletter published in January 2010.

Connétable L. Norman of St. Clement (Leader), Michael de la Haye (Secretary), Senator T.J. Le Main and Senator P.F. Routier outside the Arusha International Conference Centre

3. Assemblée Parlementaire de la Francophonie (APF)

The President of the Section de Jersey, Connétable K.P. Vibert of St. Ouen , attended the Annual Conférence des Présidents of the European Region which was held in Budapest in February 2009. The Conférence des Présidents is an annual meeting of the Presidents of each European APF Branch where the agenda for the next Regional Conference is finalised. That agenda was particularly important for Jersey it would be the basis for the discussions at the conference to be held in Jersey in April, and Jersey was able to recommend the most appropriate subject. The Presidents' meetings are normally held nine months in advance of the Regional Conferences to allow time for planning. This meeting was held only 9 weeks in advance of the Jersey conference, foreshortening the planning phase.

XXII European Regional Assembly held in Jersey from 21st – 25th April 2009

The topic selected for the XXII European Regional Assembly held in Jersey from 21st – 25th April 2009 was "The Demographic Challenge of the 21st Century and the Ageing of the European Population." Consideration of the topic was divided into the following 3 areas –

1. Context and consequences of ageing;
2. Socio-economic implications of ageing;
3. Societal implications of ageing.

The  topic  inspired  a  good  many  contributions  from  elected  members  of  the 16 European  countries  which  attended,  and  the  debates  were  both  detailed  and interesting.  A  copy  of  the  Resolutions  from  the  conference,  and  the  keynote presentations and speeches, has been forwarded to the Chief Minister's Department, the Health and Social Services Department and the Social Security Department for information. All conference participants were issued with a magazine-type document, in French, formatted by the Publications Editor of the States Greffe. This contained up-to-date articles on the constitutional history and evolution of the States Assembly, adapting to a new system of government in Jersey, the role and importance of the Scrutiny Function and the P.A.C., the parish system and the role of the Connétable s, Jersey  in  the  21st  Century –  Development  of  an  international  identity,  Jersey – International  Finance  Centre  (produced  by  the  Jersey  Financial  Services Commission),  the Jersey  economy  in  2008,  introducing  a  new  benefit  system  in Jersey, and the Ageing Population – a policy challenge.

Delegates enjoying the day at La Ferme

The leisure day concentrated on La vie agricole',  and  visits  were  made  to Hamptonne and to a working dairy farm La  Ferme'  at   St. Martin ,  home  of  the Perchard family.

Lunch  was  held  at  the  Royal  Jersey Agricultural  and  Horticultural  Society Headquarters,  affording  delegates  an opportunity to look at the Herd Books. Delegates  were  entertained  by  Gerard Le Feuvre  on  his  cello,  and  by  the children of Trinity School.

The children of Trinity School singing at the RJ&HS over lunch

The conference was professionally staged and the APF Secretariat was delighted with the arrangements made which enhanced the reputation of the Island.

M. le Sénateur Legendre, Secretary General, addressing the conference at the Official Dinner, Jersey Pottery

The President attended a further Conférence des Présidents in September 2009 to decide the theme of the European regional conference to be held in Armenia in May 2010.

Towards the end of 2009, the Jersey Section decided to review the membership of the Jersey Section and of the Executive Committee, and agreed to introduce a constitution and rules of the Jersey section. A Report and Proposition was lodged for debate early in 2010.

4. British-Irish Parliamentary Assembly

On  4th  April  2006  the  States  appointed  then   Deputy  A.  Breckon  as  Jersey's representative on the then British-Irish Inter-Parliamentary Body, with Connétable D.J. Murphy of Grouville being appointed as reserve delegate. The body is now known  as  the  British-Irish  Parliamentary  Assembly  and  it  brings  together parliamentarians from the parliaments at Westminster and Dublin, from the devolved Parliament and Assemblies in Scotland, Wales and Northern Ireland and from the 3 Crown Dependencies. The Assembly holds 2 Plenary Sessions each year, one of which is normally held in the United Kingdom and one in the Irish Republic.

Senator A. Breckon attended both Plenary Sessions in 2009, the 38th Plenary being held in Donegal in March and the 39th Plenary held in Swansea in October.

Senator A. Breckon and other participants at the 38th Plenary BIPA Conference in Donegal

5. Cricket match against the States of Guernsey

Members  of  the  States  competed  against  their  States  of  Guernsey  colleagues  on Friday 10th July at The Farmer's Ground at St. Martin . The Jersey team scored 188 off their 30 overs, and were victorious with one ball to spare.

Man of the match was H.M. Attorney General, William Bailhache , helping the team secure the Investec Cup.

3. PRIVILEGES AND

PROCEDURES COMMITTEE

1. Membership

The membership of the Privileges and Procedures Committee (PPC) throughout 2009 was as follows –

Connétable J. Gallichan of St. Mary (Chairman) Deputy C.H. Egré of St. Peter (Vice-Chairman) Senator B.I. Le Marquand

Deputy J.B. Fox of St. Helier

Deputy J.A. Martin of St. Helier

Deputy M. Tadier of St. Brelade

Deputy M.R. Higgins of St. Helier

2. Meetings

The  Committee  held  29  formal  meetings  during  the  year  and  recorded  another 18 meetings  as  telephone/e-mail  meetings.  Meetings  were  normally  held  on  a fortnightly basis in the meeting rooms in the States Building.

3. Significant items dealt with by the Committee

The Committee dealt with a large number of different matters during the year; and some of the most significant of these items were as follows –

• Freedom of Information (Jersey) Law. Throughout 2009, PPC considered the  Draft Freedom of Information (Jersey) Law 200- in detail, holding meetings with the United Kingdom Deputy Information Commissioner in May 2009; the Director of the Campaign for Freedom of Information in June 2009; and the Head of Information Policy, Ministry of Justice in September 2009, as well as obtaining regular input from stakeholders as the draft legislation progressed. In October 2009, PPC presented a White Paper to the States detailing the work carried out to develop the Draft Freedom of Information (Jersey) Law 200-, the key policies upon which the draft legislation had been based, and the areas which still required determination. Consultation closed in November 2009, and the Committee is now reviewing all responses and making final amendments to the draft legislation, with the intention of lodging the Draft Law for debate in 2010.
• Machinery of Government Review. PPC was requested to prepare a report on the operation of the first 12 months of Ministerial Government in 2006 and presented its report to the States in November 2007. The report made 55 recommendations and PPC undertook to co-ordinate the consideration of these recommendations, with the intention of having any necessary changes in place by the end of 2008. In January 2009, PPC presented a final summary of action arising to the States, detailing the action taken under each recommendation by the Council of Ministers, PPC, Chairmen's Committee, Scrutiny Panels and the Public Accounts Committee.
• Composition and Election of the States. The reform of the composition of the States was a top priority for PPC following its appointment in December 2008, the majority of candidates in the autumn 2008 elections having supported the need for some reform. It was agreed that any revised structure should be put in place before the next elections in 2011 and, having reviewed the work undertaken by the previous Committee in 2006 and 2007, similar proposals were submitted by PPC for consideration by the Assembly. The proposals for a revised structure for the composition and election of the States were lodged by the Committee in May 2009, but rejected by the States on 9th September 2009. Following the subsequent decision of the States to introduce a single election day in each election year, the Committee began work on identifying a suitable such date with a view to bringing forward appropriate amendments to legislation in 2010.
• States Members' Remuneration. The recommendations of the States Members' Remuneration Review Body for 2009–2011 were presented to the States in 2 parts by PPC in June 2009. The recommendations made in Part 1 of the report, relating to the basic level of remuneration and expenses for States members, were implemented by default one month later. The matters dealt with in Part 2, relating to pension arrangements and differential remuneration for members, required propositions for debate by the States. Following further research with regard to a possible pension scheme for members, PPC presented a report to the States in November 2009 entitled: States Members Pension Scheme. The matter was open for consultation until 29th January 2010. The Committee decided that it was not appropriate to pursue any work on differential remuneration for members.

• Appointments made by the States. Revised procedures for appointments made by the States were lodged by PPC in December 2009, following many months of work with Ministerial Departments. The new procedures will enable the majority of appointments to be made following the presentation of a report to the States 2 weeks before confirmation of the appointment, with very few appointments continuing to require a proposition for debate by the States.
• Code of Conduct for Elected Members. The Committee considered 11 complaints during the year and published 4 reports in relation to the outcome of investigations. In October 2009, PPC presented a report to the States detailing proposed amendments to Standing Orders in respect of the Code of Conduct and disciplinary sanctions. One consultation response was received and, in December 2009, the Committee instructed the Law Draftsman to prepare amendments to Standing Orders in accordance with its report.
• States of Jersey Complaints Panel. The members of this independent Board, under the Chairmanship of Mrs. C.E. Canavan, continued to review the actions of ministerial departments referred to them by complainants. The term of office of the members expired in late May 2009 and 2 members stepped down. In June 2009, the Chairman, Deputy Chairmen and 5 members of the Complaints Panel were re-appointed for a period of 3 years and in July 2009, 4 new members of the Panel were appointed. PPC presented the Panel's annual report to the States in March 2009 and 7 reports to the States throughout the year detailing the Board's findings in relation to complaints. Five reports related to complaints against decisions made by the Minister for Planning and Environment; one concerned a decision of the Chief Minister; and one a decision of the Minister for Housing. PPC would like to record its thanks to the Chairman, Deputy Chairmen and members of the Panel for their work in an honorary capacity dealing with a wide variety of complaints during the year.
• Code of Practice on Public Access to Official Information. PPC presented the annual report detailing the number of requests made for official information to the States on 31st March 2009. A number of Departments commented that they often received requests for information, but that these were unlikely to mention the Code. Information is provided to members of the public on a day-to-day basis without reference to the Code; and it is therefore difficult for the Committee to provide an accurate measure of the number of requests for official information received each year.
• Parliamentary Privilege in Jersey. The Committee was required to consider the application of parliamentary privilege in Jersey on a number of occasions throughout the year, including when a potential breach of privilege occurred in February 2009 following an  in camera debate. As a result, the Chairman undertook to provide a comprehensive report on the position in April 2009. This was prepared by the Greffier of the States and presented to the States by the Committee in July 2009. It outlines the history of parliamentary privilege and the areas which privilege usually covers, and should prove to be a useful reference tool for members going forward.

• Oral questions with notice. Following an in principle' decision of the States in April 2009 to extend the time allowed for oral questions with notice at each States meeting from 90 minutes to 2 hours, PPC lodged the Draft Amendment (No. 11) of the Standing Orders of the States of Jersey to bring the revised time limit into effect. The amendments were adopted in July 2009 and the new time limit was implemented from the first meeting of the second Session in September. There was a subsequent change to procedures agreed in July 2009 when the Assembly agreed to amend the procedures relating to the ballot held for oral questions with notice. PPC lodged the Draft Amendment (No. 12) of the Standing Orders of the States of Jersey to bring the revised ballot system into effect. PPC also took the opportunity to propose a reduction in the minimum lodging period for propositions in respect of draft Standing Orders from 6 weeks to 2 weeks. The amendments were adopted by the States on 8th October 2009.

4. Ongoing items

The Committee established the following reviews in 2009, which will be ongoing in 2010 –

• Public Elections (Jersey) Law 2002. In June 2009, PPC set up a working party to consult with the Connétable s, Jurats and other stakeholders with regard to the function of the Public Elections (Jersey) Law 2002 and the electoral process. The Working Party is expected to bring forward its recommendations in early 2010.
• Members' facilities. A questionnaire was circulated to all States members in July 2009 seeking their views on the facilities provided for their use and inviting their views on possible improvements. The Committee is in the process of evaluating the suggestions made.
• Efficiency. Following approaches from the Council of Ministers and the Chairmen's Committee regarding the amount of time spent by members in the States Chamber, PPC established the States Business Organisation Sub-Group in November 2009 to consider whether the States' business could be dealt with more effectively.
• Media Working Party. The Media Working Party is a joint venture between PPC, the Chairmen's Committee and the Council of Ministers, established in September 2009 to consider matters arising, including access to meetings by members of the public, the audio and visual recording of meetings and the distinction between accredited and unaccredited media.

4. SCRUTINY PANELS AND PUBLIC ACCOUNTS COMMITTEE

SECTION SUBMITTED BY THE CHAIRMEN'S COMMITTEE FOREWORD

I was delighted and honoured to be appointed President of the Chairmen's Committee after  the  last  elections  in  2008  as  I  am  a  great  believer  of  empowerment  and accountability  and  I relish the challenge of promoting these core principles. The importance of effective scrutiny cannot be underestimated and I certainly did not consider it to be a retrograde step moving from the Ministerial position I previously held.

It was fortunate for me that I had a team of experienced Chairmen working with me supported by enthusiastic politicians and a dedicated team of Scrutiny staff within the Scrutiny Office.

As President of the Chairmen's Committee it is my rôle to lead the co-ordination of the Scrutiny function. The Chairmen's Committee has no powers as such and cannot enforce Panels to take certain courses of action. The individual Panels must have the freedom and resources to look at issues of genuine concern to them and to the public, whilst also scrutinizing existing and proposed policy of the Council of Ministers before and when they are brought to the States Assembly.

It has been a pleasure for me to be at the head of a structure which has offered scrutiny  members  training  and  continued  to  consider  its  public  profile  through 2 further editions of the Scrutiny Matters newsletter, both of which gave us some excellent feedback. I am also pleased with Scrutiny's continued participation in the Scrutiny/citizenship programme in our secondary schools. More schools have become involved in this excellent programme and we hope this will develop even more during 2010.

I am hopeful that, whilst there are a number of areas which need looking at during 2010, Scrutiny will continue to evolve. We have already made steps to make the Executive  more  accountable,  with  the  introduction  of  a  standardised  Ministerial Response  template  to  Scrutiny  Report  recommendations  which  will  enable  us  to follow up actual Ministerial actions which have taken place on the back of Scrutiny recommendations.  It  will  also  enable  us  to  be  more  robust  in  challenging  those Ministers who have accepted recommendations but have not implemented them in a timely manner.

It is true that questions have been asked about the effectiveness of Scrutiny and whether it is treated with respect by our Ministerial colleagues. This and how we move forward to make Scrutiny even more effective, will be the focus of an away- morning early in 2010. At the end of the day a strong, robust and respected Scrutiny process will ultimately lead to better government and that is our aim.

Senator B.E. Shenton President, Chairmen's Committee

1. Introduction

1. Scrutiny Membership started with a total number of 19 States members sitting on Scrutiny Panels with differing numbers of membership per Panel. The Economic Affairs Scrutiny Panel started out with the maximum membership of a Chairman and 4 members, the Corporate Services, Education and Home Affairs  and  Health,  Social  Security  and  Housing  Scrutiny  Panels  with a Chairman and 3 members per Panel and the Environment Scrutiny Panel with a Chairman and 2 members.