States Assembly Annual Report 2012.

CONTENTS

(Front cover – the scene in the Royal Square as States members awaited the arrival of the Royal Couple – photograph courtesy of Simon Larbalestier)

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 7th Annual Report of the States Assembly.

As ever, the Report contains much useful information. It shows that 2012 was a very different  year  from  2011  in  terms  of  the  number  of  States  Sittings,  namely 34 compared with 61. Interestingly, time spent on questions was in fact longer than in 2011; the major reduction was in the time spent on public business. A material factor in  that  reduction  would  appear  to  relate  to  the  number  of  private  members' propositions. In 2012 there were 16 taking up 18.7% of the time spent on public business, whereas in 2011 there were 61 taking up 41.2% of the time. The reduction in time spent in the States will have freed up members for other important work such as ministerial duties, scrutiny and constituency business, and it will be interesting to see whether 2013 shows a similar trend.

A major highlight of the year was the special Sitting of the States in the Royal Square on 10th July to welcome Their Royal Highnesses the Prince of Wales and the Duchess of Cornwall representing Her Majesty the Queen in her Diamond Jubilee year. It was a memorable occasion witnessed by a large number of Islanders, and enabled the Island to renew its loyalty to the Crown as part of what was a very successful visit by Their Royal Highnesses.

I am delighted that the Youth Assembly was held once again and that the programme of primary school visits to the States Chamber has continued. It is important that our young people are aware of the way in which the Island is governed so that they can participate fully in future. I commend all those involved in the various programmes.

I would also like to express particular thanks to the Greffier and his staff. I know that members appreciate all that they do but they really do provide a truly excellent service to all the members of the States.

Introduction by the Chairman of the Privileges and Procedures Committee

Connétable A.S. Crowcroft of St. Helier

In my Introduction last year I drew attention to the fact that 2011 had been the busiest ever year for the States Assembly, which had sat for a record number of hours in the lead-up to the 2011 elections. I suggested in that introduction that the record' was not one of which the Assembly should be particularly proud.

This year's Annual Report tells a very different story. The Assembly has sat for fewer hours than for many years and, although the first year after an election is traditionally quieter than the other 2 years in the current 3 year electoral cycle, I sense a mood among the members elected in 2011 to adopt a more business-like approach to the work of the Assembly. Meetings of the States are, of course, a very important aspect of every member's work but they should not, in my view, be allowed to dominate a member's  time  as  happened  in  2011.  I  am  therefore  encouraged  that  the  new Assembly seems to have set itself an objective of establishing a more appropriate balance between the time spent in States meetings and the time taken for other aspects of our work.

2012  saw  the  establishment  of  the  Electoral  Commission,  which  published  its recommendations at the end of the year on the possible reform of the Assembly. I would like to thank the members of the Commission for the very rigorous way they approached their task and I would also like to pay particular tribute to the 3 lay members of the Commission, Mr. Colin Storm, Professor Ed Sallis and Dr. Jonathan Renouf , who worked on a purely honorary basis and gave many hours of their time to this work. The Island owes them a debt of gratitude.

As ever, the preparation of the Annual Report of the States' Assembly represents a considerable amount of work for staff of the States Greffe, and I would like to thank them all for the detailed way in which they have again prepared this comprehensive record of the work of the Assembly and of its committees and panels.

1. THE STATES ASSEMBLY

1. Introduction

2012  was  the  first  full  year  for  the  new  Assembly  which  had  taken  office  in November 2011. The year proved to be very different year from 2011, which had been the busiest year ever in the history of the Assembly. Excluding the 2 special Sittings for ceremonial  purposes, there were only 34 meeting days for  ordinary' business in 2012, which compares to 62 meeting days for these purposes in 2011. This is the lowest number of meeting days for over 10 years and it is, in fact, necessary to go back to 2000 to find a year with fewer meetings.

The number of meetings in every year since 2000 is shown below –

2. Membership

There were no changes of membership in the Assembly during the year. The overall average length of elected service of the 51 elected members on 31st December 2012 was just over 7 years, with the longest-serving member of the Assembly, Connétable L. Norman of St. Clement , having served as an elected member for 29½ years. Three other members, Senator P.F. Routier, M.B.E., Senator A. Breckon and Deputy R.C. Duhamel of St. Saviour , had all served for 19 years.

At the end of 2012 the average length of service was 9.1 years for Senators, 8.4 years for Connétable s and 6 years for Deputies. The average length of service across the 3 categories of member was 7.2 years.

The overall average age of elected members of the Assembly at the end of 2012 was 55.4 years, with the average age being 56.4 for Senators, 61.1 for Connétable s and 52.8 for Deputies. Members ranged in age from 25 to 72 years old.

The elected membership of Assembly throughout 2012 was comprised of 39 male and 12 female members.

3. Bailiff of Jersey knighted in Her Majesty's Birthday Honours

Members of the States were delighted to hear the news in June 2012 that the Bailiff had been made a Knight Bachelor in Her Majesty's Birthday Honours list. Sir Michael has been Bailiff , and thereby President of the States, since July 2009, after serving as H.M. Attorney General from 1994 to 2000 and as Deputy Bailiff from 2000 to 2009. On 26th June 2012, at the first meeting of the Assembly after the announcement, the Chief Minister congratulated Sir Michael on behalf of all members in the following way –

"Sir,  [Approbation], may I take this opportunity and be the first States member to officially congratulate you and say how pleased and delighted we are that Her Majesty knighted you in Her recent Birthday Honours List. You have served your island, Sir, as Attorney General, Deputy Bailiff and now as Bailiff and I am sure that all members agree with me that it is indeed very well deserved and we take it, Sir, as an Assembly, as an honour as well. I should alsolike to say how pleased we are for your wife, Lady Birt, who, as I know Sir, [Approbation] our wives are a support and we could not do without their support, we are absolutely delighted for her as well and the very active role she plays in our community and also the patronages that she holds, Sir, so may I congratulate you [Approbation],"

Sir Michael received his knighthood from Her Majesty The Queen at an investiture ceremony at Buckingham Palace on Friday 9th November 2012.

Sir Michael and Lady Birt outside Buckingham Palace with their daughter Alexa and son Ben

4. Retirement of the Deputy Viscount

At the end of November 2012 the States bid farewell to Mr. Peter de Gruchy,  who  retired  after  16 years  as Deputy Viscount. In addition to his many duties for the Court  service,  particularly  as  the  Island's  coroner, Mr. de Gruchy,  who  had  served  in  the  Viscount's Department  for  30 years,  was  particularly  visible  to States members as he carried the Bailiff 's Mace at the start  of  States  meetings  and  at  ceremonial  functions such as Liberation Day. States members joined others at a reception in the Old Library on 30th November 2012  to  wish  Peter  and  his  family  well  for  his retirement and to thank him for his service to the States.

5. Tributes to former members

Two former members of the States passed away during 2012 and, in the customary manner, the Bailiff or Deputy Bailiff paid tribute to each one at the next Sitting of the Assembly. Extracts from those tributes are reproduced below.

Mrs. Evelyn Mabel Pullin passed away on 17th February 2012

Deputy of St. Saviour No. 1 between October 1992 and December 1999

The Bailiff , 6th March 2012

"Most  members  will  be  aware  that  Mrs. Evelyn Pullin,  former   Deputy  for  No. 1 District  of   St. Saviour ,  died  on  17th  February  2012.  She  was  first  elected  in September 1992 and remained a member until she retired on 9th December 1999. That  was  a  couple  of  months  before  I  joined  the States as Attorney General and I did not therefore have the good fortune of serving with her. But I am told that, although she did not speak often, she was always brief  and  to  the  point  when  she  did.  She served  on  a  wide  range  of  States  Committees, Agriculture and Fisheries, Social Security, Cottage Homes and Overseas Aid until 1996 and, in her last term,  Establishment,  Planning  and  Environment, Legislation and Overseas Aid Committees and the Jersey Transport Authority. She had a short spell as President of the Education Committee and she also made her mark as a member of the Committee of Inquiry  into  the  release  of  the  Chief  Officer  of Sports,  Leisure  and  Recreation,  that  inquiry continuing  for  over  a  year,  and  she  spent  a considerable amount of time examining the copious

material that was put before the inquiry.

Photograph courtesy of the Jersey Evening Post

Deputy  Pullin  came  from  a  humble  background  in   St. Helier  and,  despite  that disadvantage compared with others in the 1920s and 30s, she was able, by her own ability and the many sacrifices of her family, to gain a place at London University where  she  trained  as  a  teacher,  later  becoming  the  headmistress  of  a  large comprehensive school in south London with over 1,000 pupils. She returned to Jersey, becoming headmistress of Jersey College for Girls in 1974 and she stayed there until her retirement from teaching in 1981. That she was prepared to put herself forward for the States for the first time at the age of 72 and sit as a member for 7 years is itself a tribute to her and to her willingness to serve the community."

Mr. (Philip) Roy Cabot passed away on 4th May 2012

Deputy of Trinity between November 1992 and September 1996, Connétable of Trinity from September 1996 to November 2002

The Deputy Bailiff , 15th May 2012

"Members will probably be aware that some 10 days ago or so Roy Cabot, the former Connétable of Trinity , sadly died

at  the  age  of  86.  He  was  first

elected to the States in November

1992  as  the   Deputy  of   Trinity

succeeding Deputy Edgar Becquet

whose  term  of  office  he

completed.  He  was  re-elected  in

1993  when   Trinity  had  the

excitement,  unusual  in  the  20th

century, of having 4 candidates for

Deputy . He became Connétable in

1996  and  he  held  that  position

until his retirement in November

2002.

He served on a number of States Committees including Public Health, Establishment, Education,  Etat  Civil  and  Overseas  Aid  and  he  was  also  a  member  of  the Telecommunications Board. Roy Cabot was dedicated to his parish – he was a farmer who gave an enormous amount of time to honorary service as a Centenier and as a Procureur du Bien Public. With Leonard Picot he instigated the building of the Trinity Youth Centre and, while Connétable , he initiated the construction of retirement homes for Trinity residents and, fittingly, these were named after him as Les Maisons Cabot. He had the pleasure of seeing the first residents move in during his term of office. In the Assembly he was not perhaps a regular contributor and in terms of his personal skills he would have regarded himself as a doer' rather than a talker, but when he did talk one could be sure that it was a contribution that was measured and sound."

2. MEETINGS OF THE STATES

1. Number of meetings

As mentioned above the Assembly met for considerably fewer days in 2012 when compared to 2011, which was the busiest ever year in the history of the Assembly. In 2012 there were a total of 36 meeting days and this was a considerable change from the underlying trend over the last 10 years as shown in the following graph –

(Meetings for normal business in blue, ceremonial meetings in red)

The 36 meeting days were made up of 21 scheduled Tuesday sittings, 13 continuation days  on  the  following  Wednesdays  and  Thursdays  and  2 ceremonial'  meetings (Liberation Day and the special meeting on 18th July 2012 to welcome Their Royal Highnesses the Prince of Wales and the Duchess of Cornwall).

2. Length of meetings

The Assembly sat for a total of 183 hours and 3 minutes in 2012, almost exactly half of the 2011 record total of 366 hours and 31 minutes. The 2 ceremonial meetings lasted  for  28 minutes  in  total,  meaning  that  the  Assembly  spent  182 hours  and 35 minutes on ordinary' business.

With no meetings in August the allocation of time for this ordinary business' was spread almost equally between the First and Second Sessions with a total of 91 hours and 43 minutes in the First Session and 90 hours, 52 minutes in the Second Session; although it is important to note that the First Session lasted some 7 months from January to July, whereas the Second Session lasted for only 4 months from September to December.

The allocation of time throughout the year is shown on the chart below –

3. Special States meeting to welcome Their Royal Highnesses the Prince of Wales and the Duchess of Cornwall

On 18th July 2012 Their Royal Highnesses the Prince of Wales and the Duchess of Cornwall visited Jersey to represent Her Majesty The Queen in Her Diamond Jubilee year.

A large number of events were held in the Island to mark the Diamond Jubilee over the extended Bank Holiday weekend at the beginning of June, and the Royal Visit by Their Royal Highnesses was a fitting way to continue to mark the Jubilee year.

As part of the Royal visit, the States convened for a special meeting of welcome for Their Royal Highnesses. In order to allow as many Islanders as possible to observe the meeting, the Assembly met in the Royal Square where a special dais and seating had been laid out to recreate the shape of the States Chamber.

His Royal Highness the Prince of Wales addressing the States (Photograph courtesy of the Jersey Evening Post)

The Royal couple, preceded by the Mace and the Seal and escorted by the Bailiff and His Excellency the Lieutenant-Governor, were warmly greeted by States members and members of the public as they emerged from the States Building into the Royal Square to take their places on the dais. After the normal roll-call by the Greffier and

prayers led by the Dean of Jersey, the meeting was opened and the Bailiff gave a Loyal Address to Their Royal Highnesses in the following terms –

"Your Royal Highness,

It gives me great pleasure on behalf of the States and the people of Jersey to welcome you most warmly to the Bailiwick today. We are especially delighted that you are accompanied by Her Royal Highness The Duchess of Cornwall on her first official visit to Jersey.

Her Majesty The Queen's Diamond Jubilee, which you have come to help us celebrate, has a special resonance in Jersey. It was evident in the official celebrations last month when Islanders came together in their thousands to share in the joy of the occasion, joining citizens throughout the British Isles and the Commonwealth to pay tribute to their Sovereign. It was, of course, a reflection of the affection in which Her Majesty is held by her subjects. Yet it was possible, Sir, to detect a particular warmth in the sentiments of the people of Jersey.

The Channel Islands are, of course, amongst the oldest possessions of the Crown, dating back to the Norman Conquest, when the throne of England and the Duchy of Normandy were united in the person of King William I. Jerseymen may well have fought on William's side at the Battle of Hastings, for the Islands had been part of the Duchy since 933. Certainly, when King Henry II later commissioned a great verse chronicle to record the history of the Dukes of Normandy, it was to the Jersey born poet Wace that he turned for his account.

Yet when we trace back our loyalty to the Crown, it is another great Battle, nearly 150 years after the Norman Conquest, which is of particular significance. Few loyal subjects of the Crown today regard the summer of 1204 as a particularly auspicious moment in English history, for it was when the French King Philippe Auguste won the Battle of Rouen resulting in King John's loss of mainland Normandy. But for Channel Islanders, that year is viewed from a more favourable perspective.

That the loss of Normandy did not also embrace these small islands is still a source of surprise to many who consult a map of the Channel Islands for the first time and remark upon their proximity to the French coast. But the loyalty of Islanders to the person they regarded simultaneously as their King and Duke, encouraged by privileges first extended by King John, has ensured that the Islands have remained dependencies of the Crown to this day.

The intervening centuries were not without incident, but two things remained constant over the years: the Islands could count upon the protection of the Crown against any aggressor and, reciprocally, the Crown could rely upon Jersey's unswerving loyalty in a sometimes troubled world.

In February 1649, prominent Islanders gathered to declare loyalty to their new King. Of course, the Prince, who had taken refuge among his people in Jersey, would not be crowned King Charles II until the Restoration, but he was recognised as Sovereign here in a spontaneous gesture of fidelity which preceded by 11 years events across the English Channel. The place where that proclamation was made was in this very Square where we are assembled today. In return for that loyalty, in 1663 the King presented the Bailiff with the Island's Royal Mace, which sits before you today.

It was in this same spot in 1781, that a young army officer, Major Francis Peirson, would lay down his life in the Battle of Jersey. His heroism and that of the men who supported him is recorded in the celebrated painting by John Singleton Copley The Death of Major Peirson' which has been loaned by The Tate for public display in the Jersey Museum this year as part of our Diamond Jubilee celebrations.

On your last visit to Jersey, Sir, you joined us in marking the 800th Anniversary of these links by illuminating the holographic portrait of Her Majesty which the Island commissioned for the occasion. It has since been shared in an exhibition touring Britain as part of the National celebrations, and a copy has been donated to the National Portrait Gallery in London. The portrait is a vivid reminder of the many happy memories which Islanders treasure of the six visits which Her Majesty has made to Jersey since 1949.

We express our gratitude to Your Royal Highnesses for visiting us today as we join with  people  throughout  the  world  in  celebrating  the  Diamond  Jubilee,  marking 60 years of selfless and dedicated service to her peoples by Her Majesty. We take this opportunity of re-affirming our deep affection, loyalty and respect for our Sovereign Queen Elizabeth II."

His Royal Highness the Prince of Wales addressing the States (Photograph courtesy of the Jersey Evening Post)

His Royal Highness the Prince of Wales responded in the following way –

"Mr. Bailiff ,

I am most grateful to the States and people of Jersey for the wonderful welcome you have shown us today. My wife and I are both delighted to be here formally to mark Her Majesty The  Queen's  Diamond  Jubilee,  which  I  know  has  already given rise to much celebration in the Island.

The people of Jersey also played their part in the Diamond Jubilee  events  in  London  and,  most  visibly,  at  the  River Pageant on the Thames. We were very moved, I must say, to see  Jersey's  two  boats  there,  including  the  Island's  first powered  lifeboat,  so  lovingly-restored  by  the  Maritime Museum. It gives me no pleasure, here in the sunniest part of the British Isles, to be reminded that the weather that day was especially suitable for a lifeboat and, someone said, for toads too.

Mr. Bailiff , you have spoken most generously of the particular affection in which The Queen is held by the people of Jersey. To your loyal address, Her Majesty has asked me to convey her heartfelt thanks.

I can assure you that The Queen will be deeply touched, as my wife and I have been, to learn of the warmth of the welcome you have extended to us here today. In return, I know Her Majesty will wish me to express how this great Island, of rich history and strong loyalties, will remain so very dear to her heart, now and in the years to come."

The  States  then  adjourned  and  His  Royal  Highness  was  invited  to  unveil  the commemorative  granite  60'  laid  into  the  paving  of  the  Royal  Square  to commemorate Her Majesty's Diamond Jubilee. Their Royal Highnesses then walked around the Square and met the crowds who had gathered to welcome them.

His Royal Highness the Prince of Wales unveiling a granite feature in the Royal Square to commemorate the Diamond Jubilee of Her Majesty The Queen

(Photograph courtesy of the Jersey Evening Post)

4. Allocation of time

The total of 182h 35m during the 34 meetings for ordinary business was broken down as follows –

It  is  of  interest  to  note  that  although  the  time  spent  on  public  business  was considerably less than in 2011, the amount of time spent on oral questions with notice and oral questions without notice was longer than in 2011; although it should be noted that, because of the elections in 2011, there were fewer meetings at which questions could be asked.

5. 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 3 urgent questions asked during 2012.

A total of 307 oral questions with notice and 3 urgent questions were answered during the year, with only 4 other questions that had been listed on the Order Paper not being answered  because  the  2 hour  period  allocated  had  expired.  The  total  time  spent answering the 307 questions with notice was 36 hours and 51 minutes, meaning that an average of 7.2 minutes was spent on  each  one, slightly longer than the 2011 average of 6.8 minutes.

The  breakdown  of  Ministers/Committees  and  others  with  official  responsibility answering the oral questions with notice (including the 3 urgent questions) was as follows –

6. 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 10h 41m was spent on oral questions without notice during the year.

Ministers answered as follows:

7. Written Questions

Each  member  of  the  States  is  able  to  submit up  to  5 written  questions  for  each scheduled States meeting and there were 355 written questions answered in 2012, slightly fewer than the 2011 total of 395. The busiest sitting for written questions was 26th June 2012, when 28 were submitted for answer. It is of note that there was a significant increase in the number of questions submitted to H.M. Attorney General, with an increase from the 2011 figure of 8 to a 2012 total of 29.

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

8. Statements

There was a significant drop in the number of statements made in 2012, with only 20 being made compared to the 2011 total of 39. The statements and the period of questioning of up to 10 minutes that follows official statements lasted for a total of 4 hours, 37 minutes, meaning that each statement and questions took an average of 13.8 minutes.

18 of the statements were made by Ministers and other officeholders on matters of official responsibility and 2 were personal statements.

The breakdown of those making statements was as follows –

9. Public Business

As  expected,  the  amount  of  time  spent  on  public  business,  namely  119h 21m, dominated the total sitting hours, although the percentage of the total was lower than in 2011 (65.2% compared to 75.5% in 2011). As indicated above, there was also a significant reduction in the total number of hours spent on public business when compared to 2011 when the Assembly spent well over double the 2012 total.

The total number of propositions debated during the year was 131, approximately two-thirds of the 2011 total of 189.

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, the percentage of the total time and the average time spent per proposition in each category is shown in the following table –

Total time  % of  Average total time  time per

projet (Minutes)

Ministers' policy matters  36h 54m  30.9%  1h 50m Private members' policy matters  22h 18m  18.7%  1h 23m Medium Term Financial Plan/Budget  21h 32m  18.0%  10h 46m Laws  12h 9m  10.2%  34m Regulations  11h 21m  9.5%  22m PPC/Comité des Connétable s policy matters  7h 33m  6.3%  2h 31m Appointments  3h 31m  2.9%  8m In Committee' debate  2h 48m  2.3%  2h 48m Legislative Acts (including Appointed Day Acts)  44m  0.6%  4m Standing Orders  31m  0.4%  15m TOTAL  119h 21m

When  compared  to  previous  years,  the  percentage  of  time  spent  on  propositions brought by private members, namely 18.7%, was significantly less than in previous years. In 2011, for example, private members' business represented 41.2% of the total time spent on public business and in 2010 the percentage was 42%.

If the time spent in debates is divided into 4 broad categories, namely –

1. legislation,
2. ministerial policy and appointments,
3. private members' business, and
4. other[1],

the percentage of time spent on each can be illustrated as follows –

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 2012, 138 new propositions were lodged, 59 fewer that the 2011 total of 197. The breakdown into the different types of propositions lodged was as follows –

The following table shows those responsible for lodging the 138 propositions –

Any proposition lodged can be subject to amendment and, in turn, amendments may be subject to amendment to amendments. In common with the general trend in the volume of public business there was a significant reduction in the total number of amendments and amendments to amendments lodged during 2012, which was as follows –

It  should  be  noted  that  10  of  the  above  total  of  amendments,  and  one  of  the amendments to amendments, related to the draft Medium Term Financial Plan debate.

10. Significant debates during 2012

As stated in previous Annual Reports, it is clearly a subjective judgement for anyone to attempt to identify the most important or significant items debated by the Assembly during the year, as the relative importance of matters will depend largely on every person's personal and political opinions, but some of the items discussed by the Assembly that may be considered as the most significant for the Island were as follows.

Electoral Commission

The States decided in 2011 to establish an independent Electoral Commission to examine the composition of the Assembly, but in 2012 the recently appointed Privileges and Procedures Committee asked the States to agree that the Commission should be comprised instead, of an elected States member as Chairman with 2 other States members and 3 non-States members. This change, together with revised terms of reference for the Commission, was approved in March 2012, and Senator Sir Philip Bailhache was appointed by the Assembly as Chairman, with Connétable J. Gallichan of St. Mary and Deputy J.P.G. Baker of St. Helier as members. In May, the 3 non- States members, Mr. Colin Storm, Dr. Jonathan Renouf and Professor Ed Sallis were appointed by the States.

Strategic Plan

Article 18(2)(e) requires a newly-appointed Council of Ministers to bring forward for approval a draft Strategic Plan within 4 months of its appointment. The States discussed the draft Plan during an in committee' debate in February 2012 and the final version of the Plan was debated and agreed in May. The debate proved to be significantly less controversial than the previous 2 Plans which had been debated in 2008 and 2011, as only one amendment was lodged and the Plan was adopted (as amended) in less than a day. In 2008, for example, the debate took some 5 days and lasted for just under 29 hours.

Civil Partnerships

Following the approval of the necessary legislation in 2011 to enable the introduction of civil partnerships in Jersey, the Assembly adopted an Appointed Day Act in March 2012 which brought the legislation into force on 1st April 2012. The first civil partnership took place in Jersey on 21st April 2012.

Tourism Development Fund

In May the Assembly began a debate on opening the Tourism Development Fund up to private sector projects, but after a number of concerns were expressed by members, the Assembly voted to refer the matter to the Corporate Services Scrutiny Panel for review. The Panel scrutinised the proposal and the debate resumed in July when the proposal was adopted by the Assembly.

States of Jersey Police Force Law 2012

In May the States approved this Law, which updated and modified the statutory provisions relating to the States of Jersey Police Force and also, more significantly, provided for the establishment in the Island of a new Jersey Police Authority to oversee the work of the police. The Law also set out the nature of the future relationship between the police, the Minister for Home Affairs and the new Police Authority.

Connétable s (Miscellaneous Provisions) (Jersey) Law 2012

This Law was adopted by the States in May, and its principal purpose was to remove from the 12 parish Connétable s their customary policing powers and to provide for the granting of new powers to the Procureurs du Bien Public and the Chefs de Police in each parish.

Open ballot for Ministers and Chairmen

Following the use of an open ballot process for the election of the Chief Minister in November 2011 the States, at the initiative of a private member, agreed in May that Standing Orders should be further amended to provide that the election in the Assembly of all Ministers and Chairmen of scrutiny panels should be undertaken in the future by way of an open ballot where the names of members voting for each candidate could be published after the election.

Economic Growth and Diversification Strategy

This Strategy was developed by the Minister for Economic Development in conjunction with other Ministers following a detailed analysis of the economy undertaken by the Economic Advisor's Unit. It was approved by the States in July, and set out the action that will be taken in the next 3 years to achieve the States of Jersey's vision for the economy as set out in the Strategic Plan.

Incorporation of the Ports of Jersey

Debate on the proposal to incorporate the harbours and airport as a fully-owned States company began in September, but when concerns were expressed by some members during the debate, the proposition was referred back to the Minister for Economic Development so that further information could be provided to members. Following the provision of that additional information the debate resumed in October and the proposal was agreed by the Assembly.

Use of electronic devices in the States Chamber

In September the Assembly approved a trial to enable members to use electronic devices such as tablet computers, Ipads and laptops in the Chamber, provided that the devices could be operated silently and without disturbing other members. Several members have since taken advantage of the ability to use these devices, and by the end of 2012 there was no evidence that their use had caused any particular difficulty or disruption.

Health and Social Services – a new way forward

After many months of consultation by the Minister for Health and Social Services, and a very comprehensive scrutiny review, the Assembly approved, in October, a major new strategy for the redesign of health and social care services in Jersey.

Medium Term Financial Plan 2013–2015

Following changes to the Public Finances (Jersey) Law 2005, the Assembly had to consider for the first time a Medium Term Financial Plan that fixed States spending limits for a 3 year period and not just for the following financial year as had previously been the case. The draft Plan was subjected to significant scrutiny by all 5 scrutiny panels, with a series of scrutiny reports being published before the debate. The debate on the Plan was held over 3 days in November with 8 amendments being considered.

Draft Debt Relief (Developing Countries) (Jersey) Law 201-

The Assembly approved this Law in November. It is intended to limit practices that could undermine international debt relief efforts in support of some of the poorest countries in the world. It will stop creditors, including so-called vulture funds', from pursuing inequitable payments through Jersey's courts, thereby demonstrating Jersey's commitment to play its part in the global effort to support debt relief to assist the world's most heavily indebted poor countries.

Reform Day – 28th September 1769

At the initiative of a private member the States agreed that 28th September should be recognised annually by the States of Jersey as Reform Day' to mark the anniversary of the events in Jersey of 28th September 1769 when protesters stormed the Royal Court to demand reform of the then corrupt government and administration of the Island.

Budget 2013

Following the introduction of the 3 year Medium Term Financial Plan (MTFP) process mentioned above, the annual Budget debate process also changed slightly. In addition to being the occasion for the approval of taxation and other income- generating measures for the following financial year, the following year's detailed capital programme is now approved during the Budget debate within the financial envelope approved in the MTFP. The 2013 Budget was approved over 2 days in December 2012.

Tax Information Exchange and Double Taxation Agreements

The States continued to ratify a significant number of Agreements that had been signed by the Chief Minister and other Ministers/Assistant Ministers on his behalf. During 2012, Agreements with Japan, Hong Kong, Italy, Austria, India, Poland and Qatar were ratified.

Old age pension – increase for 2012

At the initiative of a private member the Assembly agreed in December that the 2012 annual increase in the old age pension should be increased by a further 1.4% to match the Retail Price s Index (Pensioners) figure for June 2012.

Plémont Holiday Village – acquisition by the public

The last 2012 meeting of the Assembly was dominated by a lengthy debate on the proposition brought by the Chief Minister asking the States to agree to purchase, by compulsory purchase if necessary, the derelict former holiday camp at Plémont so that the site could be sold on to the National Trust for Jersey and restored to nature. The debate, which was held over 3 days, was an extremely emotive one with strong views expressed on both sides. The final outcome could not have been closer as, with 2 of the 51 elected members absent for the vote, the proposal to purchase was rejected by 24 votes in favour and 25 against.

Supporters of the Love Plémont' campaign lobbying States members outside the States Chamber before the debate

3. PRIVILEGES AND PROCEDURES COMMITTEE

1. Membership

The membership of the Privileges and Procedures Committee (PPC) throughout 2012 was as follows –

Connétable A.S. Crowcroft of St. Helier (Chairman) Deputy M. Tadier of St. Brelade (Vice-Chairman) Senator S.C. Ferguson

Senator Sir P.M. Bailhache

Connétable L. Norman of St. Clement

Deputy J.A. Martin of St. Helier

Deputy K.L. Moore of St. Peter

2. Meetings

The  Committee  held  16 formal  meetings  during  the  year  and  recorded  another 5 meetings as telephone/electronic-mail meetings. Meetings were normally held on a monthly 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 2011 - implementation. The Freedom of Information (Jersey) Law 2011 is scheduled to come into force in 2015 and, although its implementation is being handled by the Chief Minister's Department and not by PPC, the Committee nevertheless took steps during 2012 to ensure that appropriate progress was being made by the Chief Minister to enable the Law to be introduced as planned.
• Electoral Commission. The Committee brought forward revised terms of reference for the proposed Electoral Commission and agreed that the Commission should be comprised of both States members and non-States members. After these proposals were approved by the States, the Committee brought forward the proposition to appoint the 3 non-States members, Mr. Colin Storm, Professor Ed Sallis and Dr. Jonathan Renouf .
• Public Elections (Jersey) Law 2002 sub-committee. The Committee set up 3 sub-committees to review different matters falling within PPC's terms of reference and one of these, chaired by Deputy J.A. Martin, reviewed the operation of the Public Elections (Jersey) Law 2002. The sub-committee consulted widely and brought a number of draft recommendations to PPC for discussion during the year. The sub-committee will complete its work in 2013.
• Standing Orders sub-committee.  This sub-committee, under the chairmanship of Senator S.C. Ferguson, reviewed Standing Orders and made a number of recommendations to PPC for amendments to Standing Orders which will be brought forward for approval in 2013.
• Machinery of Government review. This sub-committee, chaired by PPC Vice Chairman Deputy M. Tadier , was responsible for reviewing the current machinery of government in Jersey with a view to recommending changes if appropriate. The members of the sub-committee carried out a very extensive consultation with States members and others, including departmental chief officers, to ascertain views on the operation of the current ministerial and scrutiny systems. The sub-committee is expected to complete its work in 2013.
• States Members' Remuneration Review Body. The Committee brought forward updated and consolidated terms of reference for the Review Body and also renewed the membership of the Review Body for a further period. In addition the recommendations of the Review Body in relation to the remuneration of elected members for 2013 were presented to the States by the Committee.
• Code of Conduct for Elected Members. The Committee received a number of complaints under the Code of Conduct for Elected members and dealt with these as required under the procedures set out in Standing Orders. In addition the Committee concluded the work begun by the previous Committee on reviewing the operation of the Code of Conduct and agreed that a new independent post of Commissioner of Standards should be created to undertake the initial investigations of complaints. The creation of this new post will be discussed by the Assembly in 2013.

• States of Jersey Complaints Panel. The members of this independent Board continued to review the actions of ministerial departments referred to them by complainants. The membership of the Panel was renewed by PPC during 2012 under the chairmanship of one of the former Deputy Chairmen, Advocate R. Renouf , and the Committee would like to place on record its thanks to the outgoing Chairman, Mrs C.E. Canavan, who stepped down from the position after many years of honorary service.
• Members' facilities and the use of I.T. The Committee continued during 2012 to keep the facilities made available to members under review and received a presentation from its Clerk on the manner in which I.T. for members could be improved. In addition the Committee brought forward a proposition on the use of electronic devices such as iPads, tablet computers and laptops in the States Chamber for an experimental period until July 2013.
• Internet publication of Members' interests. Following the in principle' agreement by the States before the 2011 elections, the Committee brought forward the necessary amendment to Standing Orders to require the publication of each member's Declaration of Interests on the States Assembly website. The Declarations can now be seen on each member's biographical page of the site.

4. SCRUTINY PANELS AND PUBLIC ACCOUNTS COMMITTEE

1. Chairmen's Committee President's Foreword

The November 2011 elections brought a raft of newly elected  Members  to  the  Scrutiny  Panels  and  Public  Accounts  Committee [PAC], along with some Members experienced in  dealing with Scrutiny and PAC work.  

We made a very positive start, with all Members involved in  both Scrutiny and the PAC agreeing the importance of using  standardised,  clear  and  consistent  approaches  to  Panel  and  Committee  meetings  and  Hearings  for  the  benefit  of  both  witnesses and members of the public alike. We also agreed  standardised proceedings for the public and the media during  public Hearings.

We drew up a code of expected behaviour of Members when involved in all Scrutiny and PAC-related matters which we presented to States Members early in 2012 and which was well received. I am personally encouraged and enthused by the progress that Scrutiny and PAC Members have made by following the agreed standardised approach.

I am personally delighted that Scrutiny and PAC Members have abided by the agreed standardised approach.

One very important aspect of Scrutiny and PAC work is to ensure follow-up on all recommendations which have been accepted by Ministers to ensure that they are implemented.  This  is  not  easy,  especially  when,  over  time,  accepted  Panel recommendations increase in number. However, we are striving to monitor these through written queries and at quarterly Hearings.