Privileges and Procedures Committee Legacy Report 2018-2022

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Privileges and Procedures Committee Legacy Report - 2018 - 2022

5th May 2022

R.67/2022

Contents

INTRODUCTION  3 WORK UNDERTAKEN  5

REPORTS 5 COMMENTS PAPERS 7 AMENDMENTS 9 PROPOSITIONS 9

OTHER METHODS OF WORKING  12 SUB-COMMITTEES 12 SUGGESTIONS FOR FUTURE WORK  15 STATES MEMBERS' REMUNERATION 15

POLITICAL PARTIES 15 CHILDREN AND YOUNG PEOPLE LAW 16 COMMISSIONER FOR STANDARDS 16 STANDING ORDERS 17 OTHER MATTERS 18

APPENDIX 1  20

CURRENT COMMITTEE MEMBERSHIP 20 PREVIOUS COMMITTEE MEMBERSHIP 21

Introduction

The Privileges and Procedures Committee (PPC) is responsible for the procedures of the States Assembly, for members' facilities and the code of conduct for members. The Committee consists of the Chair and three elected members who are not Ministers or Assistant Ministers, two elected members who are Ministers or Assistant Ministers and one elected member who is a member of the Scrutiny Liaison Committee.

PPC Remit

As prescribed by Standing orders, the remit of PPC is:

1. to keep under review the composition, the practices and the procedures of the States as Jersey's legislature and bring forward for approval by the States amendments to the Law and standing orders as considered appropriate;
2. to keep under review the rules for enfranchisement and for the conduct of elections and to bring forward for approval by the States amendments to the Public Elections (Jersey) Law 2002 as considered appropriate;
3. to be responsible, in accordance with Article 24B of the Public Finances Law, for the preparation of the estimates of income and expenditure for the States and their services, and to ensure that the budget of the States is utilised in the most effective and cost-effective manner possible;
4. to be responsible for the provision of accommodation, services and facilities for members of the  States  and  to  bring  forward  for  approval,  as  appropriate,  recommendations  for improvements and changes to these facilities;
5. to liaise as necessary with any person or body directed by the States to review the remuneration and expenses of elected members on all matters relating to such remuneration and expenses, and to bring forward for approval, as necessary, proposals relating to the terms of reference of any such person or body or to the arrangements relating to the remuneration of elected members;
6. to take the necessary steps for the enforcement of the code of conduct for members of the States and in this context to promote high standards amongst members of the States and to champion and defend the privileges of members of the States;
7. to be responsible for the provision of information to the public about the work of the States and the work of the Council of Ministers, the scrutiny panels, and the PAC, and to keep these public information services under review;
8. to keep under review the procedures and enactments relating to public access to official information and the procedures relating to access to information for elected members;
9. to produce, in consultation with the Bailiff , the chairmen's committee and the Greffier, an annual report on the work of the States and of committees and panels established by standing orders and present the report to the States

As this Assembly term ends, the Committee has considered the work undertaken this term and has produced this forward-looking legacy report with the aim of informing the future work programme of the next PPC. In addition, it is hoped that this report will serve as a useful reference point for other members and the wider public in setting out the Committee's reflections of the last term and highlighting matters that we hope will be subject of further prioritisation and development in the future.

Work undertaken

The following publications were presented to the Assembly by the Committee during this term of office[1]:

Reports

In addition to the reports listed above, the Committee presented a number of findings report by the States of Jersey Complaints Board and investigation reports by the Commissioner for Standards.

Comments papers

Amendments

Propositions

Other methods of working

Sub-Committees

The Committee established six Sub-Committees to deal with and focus on particular issues. Each of the Sub-Committees operated on behalf of the Committee and reported back to it on a regular basis:

Election Observers: The purpose of this Sub-Committee was to review and implement, where possible, the 18 recommendations made within the Election Observer Mission Report with the aim of increasing voter equity and equality and encouraging greater voter turnout in 2022.

Following its consideration of all 18 recommendations made in the Election Observer Mission report, the Sub-Committee brought forward a number of suggested improvements to the current electoral system. The first tranche of the Sub-Committee's legislative amendments related to voter inequality and inequity across the Island's districts and culminated in the Assembly's approval of P.17/2021 Draft Constitution of the States and Public Elections (Jersey) Law 202-.

P.17/2021 established an Assembly of 49 Members, 37 elected from 9 new districts of comparable population size, plus the 12 Parish Connétable s. It also moved the election 2022 back by one month to June.

The second tranche of changes (P.56/2021 Draft Elections (Miscellaneous Amendments) (Jersey)  Law  202-),  amongst  other  things,  established  the  Jersey  Electoral  Authority, extended access to postal voting and made changes to the nomination process.

Political Awareness Education: The purpose of this Sub-Committee was to facilitate closer co-operation between the work of the PPC relating to raising political awareness and engaging with the public about the work of the Assembly. It also engaged with other bodies working with young people to encourage an interest in politics, particularly Children and Young People, Education and Skills.

The Sub-Committee has produced a resources pack for schools in order to generate interest amongst young people about politics. Some of the Sub-Committee's plans for this term have been impacted by Covid-19 and the closure of schools.

States Members Pensions: To oversee the States Members' pension scheme.

The Sub-Committee oversaw the development and delivery of the States Members' pension scheme during 2021 and 2022.

Diversity Forum: The Diversity Forum was reconstituted as a PPC Sub-Committee in 2019. The Diversity Forum works towards the aim of the States Assembly fully reflecting the population of Jersey and representing all of the communities and interests in the Island. It aims to increase public engagement in democratic processes, particularly in relation to under-represented groups.

The Forum's principal achievements during this term have been:

• Finalisation and publication of a gender sensitive audit of the States Assembly

• Making the Assembly's Standing Orders gender neutral

• Finalisation of work to enable Members absent at the start of a sitting to be excused on the basis of parental responsibilities'

• Organising a successful event in the Town Hall to promote civic participation

• Successfully ensuring that States Members come within the ambit of the States' contract for wellbeing support

• Publication of a report (R.25/2022) which included two papers Enhancing Diversity of  Applications  and  Appointments  to  Board-level  Public  Sector  Positions'  and Proposed Areas for Consideration to Encourage Diversity'.

• Development of a programme of work to enhance the diversity of election candidates, for implementation by the States Greffe.

States Members' Remuneration: The purpose of this Sub-Committee was to review each of  the  specific  recommendations made  in  the  Report:  Independent  Review  of  Jersey Members' Remuneration Process' (R.121/2020).

In June 2021, the States adopted a Proposition (P.40/2021) which discontinued the previous arrangements for setting States Members' pay, including the States Members' Remuneration Review Body, and established the framework for a new system. This was based on the work of the Sub-Committee, which had agreed the new arrangements in early 2021.

Democratic Accountability and Governance: The purpose of this Sub-Committee was to undertake a review of the accountability of government to the public and the Assembly, with a view to making recommendations for improvement.

In  February  2021,  a  Sub-Committee  was  established  to  review  Jersey's  system  of governance.  The  Committee  published  its  report  (R.23/2022)  in  February  2022  which included  a  number  of  recommendations  for  the  States  Assembly  and  Government  to consider.

Suggestions for future work

States Members' Remuneration

In 2021, the States adopted a new system for setting States Members' pay (P.40/2021). The States of Jersey (Remuneration of Elected Members) Law put the new arrangements on a statutory footing for the first time.

Article 2 of the Law inserted a new Article 44A in the States of Jersey Law 2005 which sets out the process for setting Members' remuneration. In summary:

• PPC must establish a panel, consisting of the Greffier of the States plus between 2 and 4 other people who may not be States Members or States Employees, to appoint a person to carry out a review of the amount of remuneration and allowances payable to elected States Members and produce a report;

• the panel must not appoint the reviewer until at least 14 days after PPC present a report to the States giving notice of the panel's proposed reviewer;

• once the appointment is made, PPC must direct the reviewer to carry out the review and, within 12 months, to produce the report to PPC;

• the reviewer, must consult elected members and the Minister for Treasury and Resources;

• the report must contain an assessment of the appropriate amount of remuneration, the date on which it should take effect (pay increases may be backdated - no earlier than the previous election; a decrease cannot be backdated), an explanation of why the date and amount is appropriate, and any other matters PPC may require;

• the report may contain provisions for allowances for elected members, a formula for altering the amount of remuneration over time by reference to an index produced by the Statistics Jersey, and any other matters relating to remuneration of elected members;

• PPC must present the report to the States.

Political Parties

In January 2021, the States adopted P.166/2020 which required the Committee to investigate the formation of political parties and bring forward any necessary amendments to Standing Orders. In order to undertake this work, the Committee commissioned  Dr Caroline Morris, Queen Mary University of London, Dr Matthew Bishop, University of Sheffield and Professor Jack Corbett, University of Southampton, from the Centre for Small States, who worked in collaboration with Paul Evans CBE.

Their final report was presented by the Committee in October 2021 (R.165/2021) which set out how Jersey's rules might be adapted to deal with the possible development of party politics.

Children and Young People Law

The Children and Young People (Jersey) Law 202- (P.107/2021) was adopted by the States in February 2022. The Committee issued Comments on the Proposition and noted that the Law was a significant piece of Legislation which aimed to "strengthen strategic planning for children and young people and introduce specific measures to promote the wellbeing of and safeguard children and young people, particularly the most vulnerable," following the recommendations of the report of the Independent Jersey Care Inquiry in 2017.

Part 6 of the Law introduces the concept of corporate parenting' in Jersey and the Schedule lists the bodies which are corporate parents of care leavers and looked after children. The Committee noted that the States Greffe is a "unit or department of administration established on behalf of the States" and so would become a corporate parent under the Law.

Commissioner for Standards

The current Commissioner for Standards, Paul Kernaghan, was appointed in September 2017. His term of office was originally due to end on 31st August 2022, however, as the next Committee was not going to be constituted until July, the Committee offered Mr Kernaghan a six-month extension to the end of February 2023, which he accepted.

During its discussions on this matter, the Committee noted that the States of Deliberation in Guernsey had considered whether to propose that the Commissioner for Standards be a pan-Island appointment. Guernsey does not have a Commissioner at the moment but has been moving in that direction for some time. The Committee wrote a letter to the President of the States Assembly and Constitution Committee in Guernsey in February 2022 advising him that the recruitment exercise was likely to start in September or October 2022, with a view to a new Commissioner taking up the position in March 2023. The letter also sought agreement from the President that the two Islands plan the recruitment as a joint exercise in the autumn.

The States adopted P.1/2022 which, amongst other things, made amendments to the Code of Conduct for Elected Members. Part of the changes related to Declaration of Interests (SO106) which require Members to declare an interest if they have an interest in a matter which is subject of a proposition, written or oral question or any other matter before the States or one of its committees or panels. In the event that the interest being declared is a financial interest which is personal to that member, or which is shared with a small number of other people, SO106 states that the member shall not vote on any Proposition relating to the matter.

Standing Orders

55A Members present and able to vote by means of electronic communication in exceptional circumstances

Standing Order 55A is the provision which enables remote or hybrid meetings of the Assembly. At the States meeting on 14th September 2021 paragraph (1) of the Standing Order was disapplied, which means that remote or hybrid sittings are now the norm. The Committee subsequently agreed that a remote link should always be provided for States meetings in future, to enable people who cannot attend the Chamber for valid reasons to be able to participate in meetings. However, at the moment, the rules require the Greffe to provide the meeting link to all Members and no reason must be given for making use of it.

During its meeting in February 2022, the Greffier advised the Committee to consider adjusting the rules to ensure that sittings return to normal and use of the link for remote access is appropriately regulated. The general consensus amongst Members has been that the link should be available to those Members with a health reason not to attend, but who are not sufficiently unwell to be malade'.

Remote participation from outside Jersey

During the last States sitting in April, the States approved part (a) of P.63/2022 which called for remote participation and proxy voting. Part (a) related to remote participation in the States Assembly when Members are off-island:

(a) that, at any time when remote participation in States meetings is permitted generally, members should  be  able  to  participate  remotely  from  outside  Jersey  in  the  event  that  unforeseen circumstances prevent their participation from in the Island, with the circumstances permitting such participation to be determined in accordance with guidance issued by the Bailiff

Standing Order 55A, which provides for fully virtual, or hybrid, sittings of the States Assembly is silent on the subject of Members participating remotely from outside the jurisdiction. However, the Bailiff has previously ruled that Members must be in Jersey to take part in a virtual or hybrid States sitting, as the Standing Order does not explicitly permit participation from outside Jersey.

Paragraph (a) states that Members can participate in virtual or hybrid States meetings from outside the Island, if "unforeseen circumstances" prevent them from being in the Island. In its Comments paper, the Committee highlighted that it would require a ruling from the Bailiff as to whether adopting this paragraph would be sufficient for this change to take effect, or whether a further proposition to amend Standing Order 55A would be required. It would also be for the Bailiff to determine the circumstances in which this provision would be used.

Other matters

In addition to the matters identified above, there are a number of other areas the next Committee may wish to consider and/or take forward:

The  introduction  of  a  behaviour  code  for  Members.  In  considering  the  work  the Committee led on changing the Code of Conduct for Elected Members, the Diversity Forum commissioned research on the introduction of behaviour codes in other jurisdictions. These codes set out the behaviours expected from parliamentarians and other people who work in parliamentary buildings, in light of various high-profile bullying and harassment cases which were not capable of being resolved using conventional parliamentary standard processes. The Forum noted that this was a complex matter which brings into focus what similar arrangements could be put in place for States staff and suggested, in its legacy report, that the next Committee continue work on this matter.

The introduction of a recall procedure, by which the public would have the opportunity to call for a by-election in the event of a Member committing a serious breach of the Code of Conduct. This was a matter discussed by the Committee during its work on the Code of Conduct for Elected Members, however was not progressed.

The  Commonwealth  Parliamentary  Association  Benchmark  The  Legislature  shall provide all legislators with adequate and appropriate resources to enable them to fulfil their constituency  responsibilities'.  Although  the  Committee  assessed  Jersey  as  partially complying with this benchmark in its report, it felt that this matter should be explored further, and prioritised, by the next Committee. The Committee suggests that Members could be consulted on how they could be best supported with their constituency responsibilities during the next term.

Office  accommodation  for  States  Members.  The  Committee  originally  lodged  an amendment to the Government Plan 2022 - 25 in order to progress with a project to provide Members with dedicated office space. The Committee was quite keen to progress with acquiring Piquet House for Members' use but was aware that it was being prepared for the Justice and Home Affairs Department.

The Committee's amendment ultimately fell away because the Minister for Infrastructure proposed  an  alternative  amendment  which  ensured  that  all  appropriate  sites  with  the potential to provide the required office spaces was included in a feasibility study. The Minister advised that funding of up to £100k already existed in the Central Planning Reserve and that the Treasury Minister would transfer the funds for the purposes of the feasibility. The Committee accepted the Minister's Proposition and it was approved by the Assembly.

Subsequently, Jersey Property Holding provided the Committee with four sites - 23 Hill Street, Piquet House, La Chasse and Maison Le Pape. The arrangements for the feasibility study will be for the next Committee to take forward.

Appendix 1

Committee Membership

Current Committee Membership

Deputy Carina Alves , Chair

26th June 2018 - Present

( Deputy Alves was elected as Vice-Chair on 17th June 2019 and then was elected as Chair on 10th February 2021)

Connétable Simon Crowcroft 26th June 2018 - Present

Deputy Russel Labey 8th June 2018 – Present

Senator Tracey Vallois, Vice-Chair 23rd February 2021 - Present

Connétable Karen Shenton Stone 10th February 2021 – Present

Deputy Mary Le Hegarat 26th June 2018 – Present

( Deputy Labey was Chair of the Committee until 9th February 2021 when he became Minister for Housing and Communities. He then became a member of the Committee on 10th February 2021).

Deputy Gregory Guida 10th February 2021 – Present

Previous Committee Membership

Deputy Scott Wickenden - 26th June 2018 - 4th June 2019 when he became an Assistant Minister for Social Security (he was Vice-Chair from 28th June 2018 - 4th June 2019)

Connétable Chris Taylor - 26th June 2018 - 23rd August 2020 when he became Assistant Chief Minister

Deputy Jeremy Maçon - 26th June 2018 - 10th February 2021 Deputy Perchard - 4th June 2019 - 10th February 2021

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