States Assembly Annual Report 2010.

CONTENTS

Foreword by the Bailiff of Jersey, President of the States

I am delighted to have been invited by the Chairman of the Privileges and Procedures Committee to contribute a foreword to this 5th Annual Report of the States Assembly.

The Annual Report is an important document. It contains much useful information about the work of the Assembly and the matters upon which it spends its time. This information should help to inform discussion about any proposed reforms of the practices and procedures of the States.

The Report shows that 2010 was another busy year, albeit that the number of Sittings fell back from the record level of 2009 to that of 2008. However, this level is still above those of earlier years and the States remains extremely busy. It is of note, for example, that the number of oral questions on notice in 2011 remained at the same level as 2009 and the number of written questions actually increased.

The Report also shows that, unlike some legislatures where the time permitted for propositions brought by backbenchers is strictly limited, more time was spent on debating propositions lodged by non-executive bodies or private members than was spent on debating propositions lodged by Ministers. The Report also highlights the important  work  undertaken  by  Scrutiny  Panels  and  by  the  Public  Accounts Committee.

Writing this foreword also gives me an opportunity to thank members for the courtesy which they show towards the Chair. Presiding over the States is not as simple as it might seem and inevitably the Chair has on occasions to make decisions with which individual members will not agree. I would like once more to express particular thanks to the Greffier and his hardworking staff for the exemplary service which they give to the Assembly and for the assistance which they give me, which greatly eases my task.

Introduction by the Chairman of the Privileges and Procedures Committee

Connétable Juliette Gallichan of St. Mary

I am very pleased to present the fifth Annual Report of the States Assembly, on behalf of the Privileges and Procedures Committee.

2009 was the second year of the 3 year electoral cycle and traditionally this has tended to be the busier than the first year in terms of time spent in the Chamber. However, 2009 came hard on the heels of an exceptionally busy year, and in fact at 293, the number of hours spent in the Assembly was 58 down on 2008's record total of 351. This was still a big increase over the same year in the previous electoral cycle (2007), when the States met for 240 hours. This change was partly due to the increase in the time allocated for answering Oral Questions in each Sitting, and there was an increase of 37 hours in the time spent on Public Business. However, the proportion of time spent on Public Business was virtually identical in both years.

Although  the  duty  to  produce  an  Annual  Report  falls  to  PPC,  I  would  like  to acknowledge the work done by all areas of the States Assembly in compiling the various sections. The variety of work undertaken by Scrutiny, the PAC and PPC and the opportunities for participation in inter-parliamentary bodies is well illustrated in the relevant areas of this Report.

As ever, I am grateful to the States Greffe for their assistance in this project and for their excellent support of States Members generally throughout the year.

1. THE STATES ASSEMBLY

1. Introduction

2010 was the second year of the current 3 year electoral cycle and, although it was noted in the 2009 Annual Report that the trend in previous electoral cycles had always been for the Assembly to sit more frequently in the second and third years of a 3 year States cycle than in the first year, this was not, in fact, the case in 2010. After meeting for a record 60 days in 2009, the Assembly met on 10 days less than that in 2010.

2. Membership

There was one change of membership on the senatorial benches during the year.

Senator S. Syvret was disqualified from office in April 2010 under the provisions of Article 8(2)(b) of the States of Jersey Law 2005, which provides that a Senator or Deputy is disqualified from office if he or she is resident outside Jersey for a period of at least 6 months. Senator Syvret was first elected as a Deputy for St. Helier No. 3 District in 1990, elected as a Senator in 1993 and then re-elected as a Senator in 1999 and 2005. He held a number of positions of responsibility during his time in the States and was President of the Health and Social Services Committee and then Minister for Health and Social Services for a total of nearly 8 years.

Senator Francis du Heaume Le Gresley MBE was elected in the by-election held to fill the vacant senatorial seat, beating 8 other candidates. Senator Le Gresley, who was previously the Manager of the Citizens' Advice Bureau, was sworn in on 18th June 2010 and took up his seat in the Assembly for the first time on 22nd June 2011.

Mr. Howard Sharp Q.C. was sworn in as Her Majesty's Solicitor General on 8th March 2010 to replace Mr. Timothy Le Cocq Q.C., who had been sworn in as Her Majesty's Attorney General in November 2009.

3. Average length of service

The overall average length of service of the 53 elected members was 8 years on 31st December 2010. The longest-serving member, Senator T.J. Le Main, had served for just over 32 years, whereas the newest member, Senator F. du H. Le Gresley, had served for just over 6 months.

Over half of the elected members have a length of service of less than 5 years. The breakdown  in  the  lengths  of  service  for  the  53 members  are  shown  in  the  chart below –

1 1 1

5

7 30 years and over

25 to 29 years

20 to 24 years

15 to 19 years

10 to 14 years

5 to 9 years

30 Less than 5 years

8

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

Average length of service

Senators  11 years Connétable s   8 years Deputies  6 years

4. Average age of elected members

With the one change in the elected membership of the States during 2010 and the normal  passage  of  time,  the  average  age  of  elected  members  of  the  Assembly increased  to  56 years  as  at  31st  December  2010.  The  breakdown  in  the  age  of members is given in the following table –

5. Number of male and female members

The make-up of the elected membership during 2010 was as follows –

6. Number of meetings

After the busiest year ever in 2009, the Assembly met for 10 fewer days in 2010. The Assembly convened on a total of 50 days during the year, with 49 of these meeting days being for ordinary' business and with one meeting being the traditional special meeting  on  Liberation  Day,  9th  May.  The   Deputy  of  St. Martin,  who  is  one  of 10 members who were alive at the time of the Liberation in 1945, addressed the Assembly during this special Sitting.

In last year's Annual Report it was noted that the usual trend in previous years was for the Assembly to meet less during the first year after an election, with the number of Sittings then increasing in year 2 and increasing again in the third (election) year. For the first time for many years this trend was not repeated in 2009 and 2010, although it will be of interest to note the number of meetings in 2011, which is an election year. The number of States meetings since 2000 is as follows –

The  Privileges  and  Procedures  Committee  had  scheduled  20 meetings  of  the Assembly in 2010, each of which had scheduled continuation days. The 59 meeting days were made up of the 20 scheduled meeting days together with 25 out of the 43 proposed scheduled continuation days. The Assembly agreed to meet on 4 other days that were not initially scheduled days.

7. Length of meetings

After the record 351 hours and 2 minutes sitting hours in 2009, the Assembly sat for 293 hours and 46 minutes in 2010. The special meeting on Liberation Day lasted only 14 minutes,  and  the  time  spent  during  the  other  49 meeting  days  for  ordinary' business was therefore 293 hours and 32 minutes.

The 293 hours and 32 minutes spent on ordinary' business were spread over the 12 months of the year as shown in the following graph –

50.00 45.00 40.00 35.00 30.00 25.00 20.00 15.00 10.00 5.00 0.00

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

It is of interest to note that the Assembly sat for 155 hours and 30 minutes in the 4 months of the Second Session (September to December) which is longer than the 138 hours, 2 minutes in the 7 months of the First Session (January to July). This was, in part, due to the fact that the Annual Business Plan and the Budget debates both took place during the Second Session.

8. Allocation of time

The total of 293 hours and 32 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 4 urgent questions asked during 2010.

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 20 scheduled meetings of the States in 2010, and 334 such questions were answered during the year. In addition, as mentioned above, 4 urgent questions were also asked. The combined total of these 2 sorts of questions was therefore 338, which is almost identical to the 2009 total of 339.

The 334 oral questions with notice were answered during a 2 hour fixed period at each scheduled meeting. Any oral questions with notice that are listed on the Order Paper that are not reached by the end of the 2 hour period allocated simply fall away, and there were 47 unanswered questions in 2010.

The total time spend by the Assembly in dealing with the 334 oral questions with notice was 39 hours and 5 minutes, meaning that the average time taken for each question was almost exactly 7 minutes. The 4 urgent questions were dealt with in a total of 1 hour 3 minutes, giving an average per urgent question of 15¾ minutes.

The  breakdown  of  Ministers/Committees  and  others  with  official  responsibility answering the oral questions with notice (including the 4 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 10 hours, 21 minutes was spent on oral questions without notice during the 20 scheduled meetings in 2010.

Ministers answered as follows –

11. Written Questions

In line with trends in recent years, there was a further increase in the number of written questions dealt with during 2010. Under Standing Orders, each member is able to submit up to 5 written questions for each meeting, with each question not exceeding 200 words in length; although it should be noted that many questions are in several parts and  are, in practice, more than one' question within the 200 word maximum.

In 2010, 482 written questions were dealt with, an increase of some 15% over the 2009 total of 419. The increase in the number of written questions each  year is illustrated on the following graph –

600 500 400 300 200

100 0

2005 2006 2007 2008 2009 2010

Written  answers  were  tabled  at  every  one  of  the  20 scheduled  meetings  of  the Assembly, with the most being answered on 20th April 2010 when 37 written answers were tabled. The average number of questions per meeting was 24.1.

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 2010 was 820, compared with the 2009 total of 758.

13. Statements

There  were  34 statements  made  in  the  Assembly  during  2010,  exactly  the  same number as in 2009. The 34 statements and the period of questioning that followed lasted a total of 6 hours, 48 minutes meaning that each statement took an average of exactly 12 minutes.

Thirty-one of the statements were made by Ministers and other office-holders on matters of official responsibility, and 3 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 2010, the Assembly spent a total of 221 hours, 6 minutes on Public Business which, as indicated in Section 1.8 above, represents 75.3% of the total sitting hours during the  year. This was a decrease when compared to the 2009 total of 271 hours, 27 minutes, and it was this reduction that was almost entirely responsible for the reduction in the overall number of hours that the Assembly met for during the year. The total was marginally less than the 2008 total, but more than in 2006 and 2007, as shown in the following chart –

300.0 250.0 200.0 150.0 100.0 50.0 0.0

2006 2007 2008 2009 2010

Unsurprisingly, given the reduction in time spent, there were less propositions debated during 2010 than during the previous year. The total number of propositions debated was 155, compared to 181 in 2009 and 174 in 2008. Although the time taken for each proposition varied widely, the overall average time per proposition, 85.6 minutes, was broadly in line with the 2 previous years (90 minutes in 2009 and 79.5 minutes in 2008).

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 total time spent debating propositions lodged by Ministers, 108 hours and 7 minutes, was less than the 112 hours and 59 minutes spent debating propositions in the categories marked with an asterisk (*) above, which were all lodged by non-executive bodies or by private members. This total is also, of course, without taking account of the many hours spent debating amendments brought by private  members  during  the  debates  lodged  by  Ministers.  For  example,  a  large percentage of the 50 hours, 45 minutes spent debating the Annual Business Plan 2011 and the Budget 2011 was spent on the consideration of amendments brought by private  members.  It  is  again  of  interest  to  note  that  the  Assembly,  as  Jersey's legislature, spent only 13.5% of its total debating hours considering draft legislation (Laws, Regulations, Standing Orders and legislative Acts).

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  quite  significant  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 2010, 199 new propositions were lodged, which is a slight decrease when compared to the 2009 total of  212.  The  breakdown  into  the  different  types  of  propositions  lodged  was  as follows –

The following table shows those responsible for lodging the 199 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 2010 was as follows –

15. Significant debates during 2010

As mentioned above, a significant proportion of the Assembly's time in 2010 was spent considering propositions brought forward by private members, and there were not a significant number of pieces of major legislation or Ministerial policy matters considered by the Assembly.

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

Introduction of E-gaming

The Minister for Economic Development brought forward for in principle' approval a proposal that the new gambling legislation should include provision for e-gaming to enable Jersey-based companies to host Internet gambling facilities. The proposal was adopted, enabling the Minister to prepare the necessary legislation for approval at a later date.

Single Election Day

Following the decision of the States to introduce a single election day in each year in which elections are held, the States approved the States of Jersey (Period for Election) (Jersey) Regulations 2010, which moved the date of the election for Deputies to the same day as the elections for Senators and Connétable s. This means that, from the elections being held in October 2011, all 3 elections will be held on the same day and candidates will therefore have to choose in advance which one of the 3 categories they are standing for.

Jersey Red Ensign – use on ships registered in Jersey

The States approved a proposition brought forward by the Minister for Economic Development to authorise the use on ships registered in Jersey of a new red ensign displaying the Arms of Jersey that had been approved by Her Majesty The Queen.

Funding requests under Article 11(8) of the Public Finances (Jersey) Law 2005

Under the provisions of the Public Finances (Jersey) Law 2005, expenditure can normally only be approved during the Annual Business Plan debate in September each year. If there is a requirement for additional expenditure during the year, the Minister for Treasury and Resources nevertheless has the ability to ask the States to approve additional funding under the provisions of Article 11(8) of the Public Finances (Jersey) Law 2005. One such request was made during the year, and the States agreed 3 separate funding matters, namely – £8,500,000 for court and case costs; £6,000,000 for a voluntary redundancy scheme; and £500,000 for the delivery of an improve procurement function across the States.

Annual Business Plan 2011

The annual debate on spending limits for the following financial year held in September in the Annual Business Plan debate is always considered to be one of the most important debates each year. The debate took place over 4 days in mid- September and lasted for a total of exactly 27 hours.

States of Jersey Development Company Limited

The States approved a proposition of the Council of Ministers to reform the role and remit of the Waterfront Enterprise Board Limited and create a new States of Jersey Development Company, which will work to deliver a proposed new property and infrastructure regeneration strategy.

Composition of the States Assembly

The States agreed reforms to the composition and election of the States Assembly brought forward by the Privileges and Procedures Committee. The States agreed to reduce the membership of the Assembly over time by reducing the number of Senators from 12 to 10 from October 2011, and from 10 to 8 at the subsequent election. The States also agreed to move over time to a common 4 year term of office for all members and agreed that the general election should be moved in due course from October to May.

Intellectual Property Rights

The lengthiest piece of legislation considered by the Assembly during the year was the Draft Intellectual Property (Unregistered Rights) (Jersey) Law 201- lodged by the Minister for Economic Development. The draft Law was designed to update Jersey's copyright law which previously dated from 1911, and it is hoped that the updating of the legislation will create new business opportunities for the Island.

Sustainable Transport Policy

The States approved, with a number of amendments, the Sustainable Transport Policy brought forward by the Minister for Transport and Technical Services, which was designed to introduce measures to reduce the Island's reliance on the private car, and encourage alternative methods of transport and thereby reduce peak-hour traffic flows into St. Helier by 15% by 2015. The policy is also designed to introduce appropriate measures to re-establish a reducing trend in road injury rates and to encourage the use of low-emission vehicles.

Expenditure Proposals for 2012 and 2013 and Draft Budget Statement 2011

The annual Budget debate in which the States make decisions about taxation was combined with a proposal to set overall expenditure limits for 2012 and 2013. The combined debate took place at the last Sitting of 2010 in early December and lasted for 23 hours and 45 minutes.

Propositions brought forward by private members

As mentioned above, there were a large number of matters brought forward for debate by private members during the year, and this was reflected in the allocation of time spent on public business. It is not possible to list all of the individual matters brought forward, but some of the most significant and controversial debates included the following –

Climate Change – Copenhagen Conference

The Deputy of St. Mary brought forward for debate a petition signed by 1,059 people, and the States agreed to request the Council of Ministers to report back to the States setting out how the Council intended to respond to the outcome of the Copenhagen Conference on Climate Change held in December 2009.

Committee of Inquiry – Suspension of Chief Officer of States of Jersey Police

The issues relating to the suspension of the former Chief Officer of the States of Jersey Police remained controversial during the year, and the Deputy of St. Martin brought forward a proposition asking the States to agree that a Committee of Inquiry should be established to investigate the circumstances surrounding the suspension. The proposition was rejected following an indication from the Chief Minister that a separate Inquiry into this matter would be established.

Compulsory wearing of Cycle Helmets

Deputy A.K.F. Green of St. Helier brought forward a proposition relating to the compulsory wearing of cycle helmets. The proposals were adopted in relation to persons aged under 18, but rejected for persons over 18. The Minister for Transport and Technical Services was charged with bringing forward the necessary legislation to give effect to the proposal.

Importation of Waste

The States adopted a proposition of the Environment Scrutiny Panel and agreed that no importation of waste into Jersey for treatment in the Island's new Energy from Waste Plant should proceed until the principle had been discussed and approved by the Assembly. The proposition was made in the context of proposals that Jersey may be able to process waste from the neighbouring island of Guernsey.

Millennium Town Park

The States approved a proposition brought by the Connétable of St. Helier and agreed that work to create the Millennium Town Park in St. Helier should commence in 2010 following the voting of additional capital funding for the new park in 2009.

Establishment of Ministerial Boards

The States rejected a proposition brought forward by Senator A. Breckon proposing that a new system of Ministerial Advisory Boards should be established. The proposition reflected the conclusions of a working party which included the Chief Minister and the Chairman of PPC, which had attempted to design proposals intended to create a more inclusive system of government.

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 2010.

2. Commonwealth Parliamentary Association (CPA)

The States of Jersey has been an active member of the Commonwealth Parliamentary Association for many years and representatives from Jersey attended a number of different events during the year.

59th Westminster Seminar on Parliamentary Practice and Procedures

Deputy  M. Tadier  of   St. Brelade  attended  this  2 week  seminar  that  is  organised annually in March by the CPA UK Branch and which is intended to provide a forum for Members, Clerks and Serjeants at Arms to explore parliamentary practice and procedures within a Westminster legislature framework. The seminar provides many opportunities for delegates to exchange ideas with members of the UK Parliament as well as with the other delegates who come from across the Commonwealth.

Commonwealth Day 2010

Two young people from Jersey, Emily Gledhill and Alexander Winchester, both of whom  were  studying  at  UK  universities,  attended  the  Commonwealth  Day Observance  in  London  on  8th  March  2010  organised  by  the  CPA Secretariat.  In addition to participating in discussions with members of Parliament and others in the morning, the 2 Jersey representatives attended the Commonwealth Day Service in Westminster Abbey in the presence of Her Majesty The Queen during the afternoon. In the evening Alexander was able to attend the Commonwealth Secretary General's Evening Reception at Marlborough House, once again in the presence of Her Majesty The Queen.

International Parliamentary Conference on Climate Change

Deputy  R.C. Duhamel  of   St. Saviour  represented  Jersey  at  the  International Parliamentary Conference on Climate Change that was organised by the CPA UK Branch  in  July  2010  and  which  brought  together  parliamentarians  from  the Commonwealth and other countries to discuss the issue of climate change and assess the role that parliamentarians could play in holding governments to account for their actions to deal with climate change and to contribute to policy development.

41st British Islands and Mediterranean Region Conference – Isle of Man

The 41st Regional Conference of the British Islands and Mediterranean Region was held in the Isle of Man between 10th and 14th June 2010. The Jersey delegation was led  by  the  Branch  Vice-Chairman,   Deputy  J.B. Fox  of   St. Helier ,  who  was accompanied by the Connétable of St. Peter , Deputy S. Power of St. Brelade and Deputy  A.T. Dupré  of   St. Clement .  The  overall  theme  of  the  conference  was Technology and Democracy – successes and challenges' and delegates were able to participate in a number of plenary and workshop sessions where some of the potential uses of technology and the pitfalls were discussed. A number of high-profile expert speakers were invited to the Isle of Man to address delegates and stimulate discussion and these included the UK Information Commissioner.

The Jersey delegates at the Regional Conference, Isle of Man

30th Small Branches and 56th Commonwealth Parliamentary Conference – Kenya

The Annual Small Branches and Plenary Commonwealth Parliamentary Conferences were held in Nairobi, Kenya, between 10th and 19th September 2010. The Jersey delegation was led by Deputy R.G. Le Hérissier of St. Saviour , who was accompanied by  Deputies  K.C. Lewis  of   St. Saviour  and  I.J. Gorst  of   St. Clement .  The  Jersey delegates played a very active role in the Small Branches Conference, with Deputy Gorst chairing the Opening Ceremony and the first plenary, and Deputy Le Hérissier being one of the Lead Presenters in the Third Plenary Session on the topic of the Challenges of Sovereignty in Small States. The delegates also attended a variety of workshops during the main conference to ensure that Jersey was well-represented.

Small Branches Conference delegates in Nairobi

3. Assemblée Parlementaire de la Francophonie (APF)

The European Regional Conference of the APF was held in Armenia during the first week of May 2010. Although a Jersey delegation had planned to attend, it was unable to because of the air travel disruption due to volcanic ash from the Eyjafjallajökull volcano.

The Plenary Conference was held in Dakar, Senegal from 6th to 8th July 2010, and while this was not attended by Jersey delegates, an article outlining the aid given to Haiti by Jersey following the 2010 earthquake was prepared and included in the "Special Haiti" which was published in the Parlements et Francophonie' magazine at the time of the conference.

In  August,  Senator  P.F.C.   Ozouf  was  selected  as  an  Election  Observer  for  the Rwandan Presidential election in Kigali, Rwanda. He formed part of a group of senior politicians and former politicians acting as observers from 12 countries in all, assisted by officials from the DDHDP – the Human Rights and Peace organisation in France and  regional  representatives  from  the  Francophonie  in  Africa.  Senator   Ozouf 's expenses were met by the Organisation Internationale de La Francophonie (OIF).

In October, the Connétable of St. Ouen , the President, attended the Conférence des Présidents held in Poznan, Poland from 27th to 30th October 2010, and was able to further the friendship between the 2 countries, given that the Vice-President of the Polish  Senate,  Mr. Marek  Ziólowski,  had  also  attended  the  European  Regional Conference held in Jersey in 2009. The President confirmed his belief that discussions held over the years with his counterparts in other French-speaking countries, but particularly in Europe, has improved their knowledge of what the Island is about, and reduced suspicion of the Island's finance industry.

In November, Mrs. Miranda Kelleher, of Hautlieu School, was awarded the Ordre de la Pléiade at the level of Chevalier. La Pléiade, Ordre de la Francophonie et du Dialogue des Cultures" is an honour that is awarded at different levels to recognise the outstanding merits of those who have distinguished themselves serving the ideals of  the  Assemblée  Parlementaire  de  la  Francophonie  and  French-speaking communities. This can be presented to members of the community as well as to elected representatives. Sir Philip Bailhache , former Bailiff and Grand Officier of the Ordre de la Pléiade, presented the award.

Photo courtesy of the Jersey Evening Post

Mrs. Kelleher is a French teacher at Hautlieu School, and for many years has taken great pains to improve the standard of French amongst language students in Jersey. Her actions have benefited not only those students at Hautlieu, but also at other secondary schools in the Island, and also at schools in Normandy and Brittany.

She took advantage of advances in I.T. to engage the students. Links have been established between French and Jersey schools, and these links did not merely focus on the French language, but also included the promotion of the history and culture of France, exchange visits, and teacher training and development.

Mrs. Kelleher  has  been  involved,  not  only  with  students  directly,  but  also  with organisations outside the teaching profession, in order to forge very strong links between  Jersey  and  France.  The  Jersey  Section  was  pleased  to  propose  that Mrs. Miranda Kelleher receive the Ordre de la Pléiade at the level of Chevalier in recognition of her contribution to Jersey, and in particular to students of French in the Island.

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 the Connétable 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. Senator A. Breckon attended both Plenary Sessions in 2010. The 40th Plenary was held in Cavan, Ireland on 22nd and 23rd February 2010 and included discussions on the economy and the banking sector, an update on the Common Travel Area, a motion relating to the Reciprocal Health Agreement with the Isle of Man and an address by the Taoiseach, Mr. Brian Cowen.

Although one annual plenary is usually held in the Irish Republic and one in the United Kingdom the second 2010 plenary was, for the first time ever, held outside those jurisdictions as it was held in the Isle of Man on 22nd and 23rd November 2010. The Greffier of the States attended with Senator Breckon to assess the organisational requirements of the plenary session with a view to inviting the B-IPA to hold a session in Jersey at some time in the future. On the first day, delegates discussed the Saville Report on Bloody Sunday and also heard addresses from the Chief Minister of the Isle of Man, the President of the Nordic Council and the Secretary of State for Northern Ireland. The plenary was unfortunately cut short when delegates from the Irish Republic had to return to Ireland in view of the deepening political crisis in that country, but Senator Breckon was able to take advantage of his stay in the Isle of Man to visit the Office of Fair Trading.

Delegates at the 41st BIPA Plenary in the Isle of Man

5. Cricket match against the States of Guernsey

Members of the States competed against their States of Guernsey colleagues on 9th July  2010  and  secured  a  third  successive  victory  against  them.  The  Jersey  team restricted the Guernsey players to 136 – 5 off their 30 overs at the Port Soif ground before losing just 3 wickets to retain the trophy.

Jersey's  Minister  for  Home  Affairs,  Senator  B.I.  Le Marquand,  was  the  highest- scoring Jersey player and was named man of the match.

The Bailiff of Guernsey, Sir Geoffrey Rowland and Senator B.I. Le Marquand, Man of the Match'

The victorious Jersey team at the Port Soif ground

3. PRIVILEGES AND

PROCEDURES COMMITTEE

1. Membership

The membership of the Privileges and Procedures Committee (PPC) at the start of 2010 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 .

The States, on 20th April 2010, received the resignation of Deputy M. Tadier of St. Brelade . The States, on 11th May 2010, appointed the Connétable of St. Saviour , Mr. P.F.M. Hanning, as a member of PPC.

2. Meetings

The  Committee  held  24 formal  meetings  during  the  year  and  recorded  another 15 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. The Draft Freedom of Information (Jersey) Law 201- (P.101/2010) was lodged au Greffe by PPC on 19th July 2010 and withdrawn on 16th December 2010 in order to enable certain amendments to be made to the draft. The Committee sought to revise the draft legislation so as to clarify the definition of a public authority' and revise the Regulation-making powers within the draft, with the intention of lodging an updated draft of the Law au Greffe for debate by the States in 2011.
• Composition and Election of the States. The States agreed on 10th September 2009 to introduce a single election day in each election year (P.109/2009 refers). In May 2010 the States adopted the Draft States of Jersey (Period for Election) (Jersey) Regulations 201- (P.56/2010 refers) to give effect to this decision. During the debate there were several calls to move to a spring election, and this was considered by PPC, along with other possible reforms, during 2010. These discussions culminated in the lodging by the Committee of the proposition Composition of the States: spring election and move to 4 year term of office' (P.118/2010), which was adopted by an absolute majority of the States on 13th October 2010. It was accordingly agreed that, over time, the term of office of all members of the States should be 4 years; the single election day for all members should be moved to the spring and the number of Senators should be reduced from 12 to 8. The Draft States of Jersey (Miscellaneous Provisions) Law 201- was lodged au Greffe on 24th November 2010 to give effect to these decisions, and was scheduled for debate in January 2011.
• Public Elections (Jersey) Law 2002. In June 2009, PPC established a working party chaired by the Vice-Chairman 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 presented its report to the States on 2nd July 2010. Since then, the Committee has undertaken further work on the recommendations of the working party, with a view to proposing amendments to the Public Elections Law early in 2011.
• 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 chaired by the Vice-Chairman in November 2009 to consider whether States' business could be dealt with more effectively. PPC presented the report of the Sub-Group to the States on 24th May 2010 and invited comments (R.59/2010 refers). In August 2010 Senator A. Breckon proposed the introduction of Ministerial Boards and a revised system of scrutiny (P.120/2010 refers), but this was rejected by the States. The Chairman of the Committee continues to carry out work regarding possible efficiencies for future consideration by PPC. Furthermore, PPC lodged  au Greffe  the Draft Amendment (No. 14) of the Standing Orders of the States of Jersey (P.169/2010 refers) on 10th November 2010. This proposition included a number of efficiencies, including amendments to Standing Orders to enable the States Employment Board to lodge propositions and present comments and reports in its own name; to revise the roll-call procedure; and to enable propositions lodged by the Chief Minister under Article 31 of the States of Jersey Law 2005 to be proposed by any other Minister. The proposition was scheduled for debate in January 2011.

• States Members' Remuneration. The recommendations of the States Members' Remuneration Review Body for 2011 were presented to the States by PPC on 2nd July 2010 and were implemented by default one month later. PPC would like to thank the members of the States Members' Remuneration Review Body for the work that they continue to undertake in this regard on an honorary basis.
• Code of Conduct for Elected Members. The Committee considered 11 complaints during the year and published 2 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. On 1st April 2010 PPC lodged  au Greffe the Draft Amendment (No. 13) of the Standing Orders of the States of Jersey to amend the disciplinary sanctions available to the Assembly (P.40/2010) and this proposition was adopted by the States on 25th May 2010.
• 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. PPC presented the Panel's Annual Report to the States on 20th April 2010, and 3 Reports to the States throughout the year detailing the Board's findings in relation to complaints. Two reports related to complaints against decisions made by the Minister for Planning and Environment, while the other concerned a decision of the States Employment Board. 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 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 15th April 2010. 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.

• Religious representation in parliaments in other jurisdictions. Following the decision of the States in 2009 to undertake a review of the roles of certain un-elected members of the States, PPC agreed to carry out research into religious representation in parliaments in other Commonwealth jurisdictions and presented its findings to the States on 5th January 2010 (R.1/2010 refers).
• Reports accompanying propositions. On 29th April 2010, PPC presented guidelines to the States on the format of reports accompanying propositions (R.48/2010 refers). The decision to issue guidelines was made following an approach from the Data Protection Commissioner regarding the inclusion of personal information in reports.
• Hansard. On 10th November 2010 PPC lodged au Greffe a proposition to enable the retrospective removal of names from the official report Hansard' where the presiding officer had determined that the use of the name had been in breach of Standing Orders (P.168/2010 refers). This proposition was due to be debated in January 2011.

4. Ongoing items

The Committee began the following work in 2010, which will be ongoing in 2011 –

• 2011 elections. Work was carried out to establish the format of the single election day in 2011, and will be carried out throughout 2011 to raise awareness of the elections and the voting process.
• 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. A number of improvements were made to facilities during 2010 and the Committee will continue to consider any matters arising in respect of facilitates during 2011.
• Media. The Media Working Party was established in 2009 as a joint venture between PPC, the Chairmen's Committee and the Council of Ministers to consider matters arising, including access to meetings by members of the public and the audio and visual recording of meetings. The Committee lodged au Greffe the proposition Media relations: Code of conduct' on 15th July 2010; this was later withdrawn following meetings with members of the States regarding its content. The possible introduction of a code of conduct remains under consideration in 2011.

4. SCRUTINY PANELS AND PUBLIC ACCOUNTS COMMITTEE

SECTION SUBMITTED BY THE CHAIRMEN'S COMMITTEE FOREWORD

Official Scrutiny' is a relatively new concept, and the manner in which it undertakes its work continues to evolve. There is no doubt that examination of the policies of the executive is an important function, and Scrutiny produced some highly professional and  insightful  analysis  during  2010.  In  addition  to  the  documents  that  Scrutiny produced for publication there was much work undertaken behind the scenes in order to ensure that the requisite checks and balances necessary for good government were in place.

I would like to thank all those that participated in the Scrutiny process during 2010. I continue to be impressed at the speed in which officers are able to pick up and familiarise  themselves  with  even  the  most  esoteric  and  complicated  subjects. Similarly, 2010 proved a challenging year in respect of the management of resources due to budgetary cuts. The management responded well to the logistical problems that this created and deserve credit.

The evolutionary nature of Scrutiny shall continue, and there is still much to be done in  terms  of  engaging  the  public  and  ensuring  recommendations  are  properly considered and, if necessary, implemented in a timely manner. Scrutiny has travelled far and achieved much. However, there is much work to do, and the importance of its role in ensuring good government should never be under-estimated.

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

Statement by the Chairmen's Committee

The Committee has been concerned throughout 2010 at the difficulties experienced by a number of Scrutiny Panels in acquiring information from the Executive Departments in a full, timely and open manner. This has, at times, seriously impeded the work of the Panels and/or Sub-Panels in progressing Reviews expediently.

The Committee has also been frustrated that it has been exceedingly difficult for some Panels to identify topics for review due to the large number of internal departmental reviews being undertaken. The Committee would be very concerned should this prove to be a deliberate ploy on the part of the Executive to prevent Scrutiny Reviews in these areas.

1. Introduction

1. Scrutiny Membership in 2010 started with 21 States Members, elected by the States, serving on the 5 Scrutiny Panels and 5 States Members and 4 non- States Members serving on the Public Accounts Committee. At year end 2010, there were 18 States Members serving on the 5 Panels, 3 States Members and 3 non States Members serving on the Public Accounts Committee.

The membership changes during 2010 were as follows –

2. Scrutiny Officer and administration changes

Mr. William   Millow  took  up  his  secondment  within  the  Chief  Minister's Department in the role as Project Manager for the Review of the rôles of the Crown Officers, chaired by Lord Carswell. The Scrutiny Team welcomed Mr. Darren Scott on a contracted post in the absence of Mr. William Millow .

Darren  was  successful  in  acquiring  a  full-time  post  with  the  Economic Development Department and left the Scrutiny Office on 5th November. This departure was followed shortly thereafter, when Mr. Sam Le Quesne left the Scrutiny  section,  having  been  successful  in  gaining  employment  with  the Communications  Unit.  On  31st  December,  Mrs. Carol  Le  Quesne  and Miss Sam Power left the Scrutiny section to take up alternative employment.

3. Work of Panels: Reviews

Note: the work of the Public Accounts Committee is considered separately under Section 4.2.6.

For the purposes of this Report, a Scrutiny Review is considered as such once the topic has been scoped, the Terms of Reference approved, sent to the Chairmen's Committee and to the relevant Minister.

As can been seen from the table below, some Scrutiny Review work was carried over from 2009 into 2010.

Panels, Sub-Panels and Co-opted Members

During  2010,  there  were  14 Reviews  resulting  in  Scrutiny  Reports, 7 undertaken by main Scrutiny Panels, 6 by Sub-Panels and one with a co- opted Member.

Ministerial Response time to Scrutiny Reports