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Commissioner for Standards: Annual Report 2019-2020

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STATES OF JERSEY

COMMISSIONER FOR STANDARDS:

ANNUAL REPORT 2019-2020

Presented to the States on 2nd November 2020 by the Privileges and Procedures Committee

STATES GREFFE

2020  R.123

REPORT

The Privileges and Procedures Committee would like to place on record its thanks to Mr. Paul Kernaghan, C.B.E., Q.P.M., the Commissioner for Standards, for his work during the period from 1st September 2019 to 31st August 2020.

In accordance with the provisions of Article 12 of the Commissioner for Standards (Jersey) Law 2017, the Committee is pleased to lay the Commissioner's Annual Report before the States.

Commissioner for Standards

This Report, the third of its type, covers the period 1st September 2019 to 31st August 2020.

The reporting period reflects the fact that my appointment as the Commissioner for Standards commenced on 1st September 2017.

The creation of the post of Commissioner for Standards was provided for by the Commissioner for Standards (Jersey) Law 2017.

Once again, I would like to place on record my thanks to all who have assisted me the during the year under review.

This Report is published in compliance with the requirements of Article 12 of the Commissioner for Standards (Jersey) Law 2017.

Paul Kernaghan CBE QPM

Review of the year

I was appointed as the States of Jersey Commissioner for Standards on 1st September 2017 and the role and function of my office now appears to be well established. I am responsible for investigating alleged breaches of the Code for Elected Members and the Code of Conduct and Code of Practice for Ministers and Assistant Ministers. I am independent of both the States Assembly and its administration in the exercise of my functions. However, I am grateful for the administrative support provided by the Greffier of the States Greffe, and his staff.

Complaints

The complaints I have dealt with from 1st September 2019 to 31st August 2020 are set out below.

Formal complaints received: 12 Complaints disposed of as follows:

  1. complaints dismissed: 0
  2. resolved by remedial action: 0
  3. referred to the Privileges and Procedures Committee: 2
  4. because fell outside remit: 9
  5. because anonymous, or failure to comply with other requirement (e.g. lack of evidence): 1
  6. because repeating allegations of previous inquiry: 0
  7. because frivolous or vexatious: 0

The  number  of  complaints  submitted  to  my  office shows a  significant  numerical increase on the previous year. However, one incident gave rise to multiple letters of complaint most of which, as submitted, fell outside my remit, whilst one met the relevant criteria and resulted in a full investigation. Once again, the limitations of Twitter as a forum for complicated discussion was highlighted.

One other case was especially relevant, as it addressed the new reality of governing in the Covid-19' era. I have no doubt that Members will take on board the learning identified in that case.

I do not believe the increase in complaints received was significant and the number of cases referred to the Privileges and Procedures Committee after a full investigation only increased from one to two. Remote working has been a feature of my office, thus the impact of Covid-19' has been imperceptible to date.

Paul Kernaghan CBE QPM

Commissioner for Standards   19th October 2020