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Oral Questions with notice: extension to 2 hours (P.40/2009) – comments.

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STATES OF JERSEY

ORAL QUESTIONS WITH NOTICE: EXTENSION TO 2 HOURS (P.40/2009) – COMMENTS

Presented to the States on 27th April 2009 by the Privileges and Procedures Committee

STATES GREFFE

2009   Price code: A  P.40 Com.

COMMENTS

PPC does not believe it would be appropriate for it to comment on the substantive issue of whether or not the period set aside for oral questions with notice should be extended  from  90 minutes  to  2 hours.  PPC  considers  that  it  is  a  purely  political decision for individual members to assess how much time they consider should be set aside for oral questions with notice; and members of PPC, in common with all other members, each have their own individual views. Deputy M. Tadier has now lodged a further  proposition  (P.59/2009)  proposing  that  the  time  limit  should  be  totally removed  to  allow  all  questions  to  be  answered,  and  that  is  another  option  that members will be able to consider.

Although it expresses no view on the substantive issue of extending question time, PPC does nevertheless believe it is important to stress that, if the period allocated to oral questions is increased, members must also accept that this will lead to increased sitting  hours  for  the  Assembly.  PPC  is  of  the  view  that  it  would  be  totally unacceptable for the time allocated to Public Business to be somehow squeezed' because members were not willing to see the extra question time as an additional period and tried to rush through debates as a result. The Committee also considers that any increase in time for questions, through the extension of the time limit by half an hour, or its complete removal, may result in significant resource implications for departments which would need to be addressed separately.

In order to put the proposition into context, members will find details in the Appendix of  the  number  of  oral  questions  with  notice  that  have  been  answered  since  the 90 minute period was established at the start of ministerial government, together with the total period spent on this item at each Sitting.

Although it is not directly related to this proposition, PPC wishes to point out that it believes that the manner in which oral questions that are unanswered are dealt with is somewhat unsatisfactory at present. Both States members and officers can spend a significant amount of time establishing the answer to an oral question, and this can be lost should the question remain unanswered. If the proposition of Deputy Tadier (P.59/2009) is rejected and a maximum time limit for questions is retained, there will always be a risk that some questions may not be answered within the allotted time. Standing Order 63(8) provides that: A question that has not been asked before the end of  the  90 minutes  allowed  shall  be  taken  to  have  been  withdrawn'  but  it  has nevertheless become usual practice in recent weeks for Ministers to circulate answers to unanswered questions by e-mail. These answers' have no official status, do not benefit from any parliamentary privilege and are not subsequently recorded in Hansard or elsewhere. In addition, although Ministers will probably usually have a draft answer ready before the Sitting, there may be additional work involved in converting notes into a format that can be circulated. PPC clearly needs to await the outcome of the debates on the propositions of the Deputy of St. Martin and Deputy Tadier before deciding  whether  changes  are  needed  in  relation  to  unanswered  questions,  but undertakes to consider this matter and make recommendations in due course when those debates have taken place, if a time limit is retained.

APPENDIX

Oral with Notice  Oral with Notice  Oral with Notice Date

answered  unanswered  (Minutes)

17th January 2006  10  0  65 31st January 2006  9  0  52 14th February 2006  11  0  63 28th February 2006  13  0  70 14th March 2006  12  0  92

28th March 2006  14  0  143 4th April 2006  9  0  69 25th April 2006  4  0  24 16th May 2006  17  0  70 23rd May 2006  14  0  83 6th June 2006  6  0  47 20th June 2006  12  0  82 4th July 2006  9  0  56 18th July 2006  11  0  88

12th September 2006  10  0  88 26th September 2006  9  0  64

10th October 2006  16  0  61 25th October 2006  16  0  86 7th November 2006  11  0  63

21st November 2006  14  0  89

5th December 2006  7  0  50 16th January 2007  12  0  91 30th January 2007  8  0  53 13th February 2007  5  0  27 27th February 2007  8  0  58 13th March 2007  13  0  84 27th March 2007  16  0  95 17th April 2007  9  0  58 1st May 2007  11  0  79

15th May 2007  8  0  67 5th June 2007  6  0  39 19th June 2007  13  0  81 3rd July 2007  16  0  75 16th July 2007  17  0  77

11th September 2007  12  0  63 25th September 2007  5  0  22

9th October 2007  13  0  80 23rd October 2007  12  0  71 6th November 2007  17  0  87

20th November 2007  17  0  97

4th December 2007  15  0  92

Page - 3

P.40/2009 Com.

Oral with Notice  Oral with Notice  Oral with Notice Date

answered  unanswered  (Minutes)

15th January 2008  17  0  92 29th January 2008  13  0  92 12th February 2008  16  4  96 26th February 2008  12  0  85 11th March 2008  13  0  91

1st April 2008  8  0  60 29th April 2008  16  2  92

13th May 2008  12  0  71 3rd June 2008  12  0  60

17th June 2008  8  0  39 1st July 2008  13  0  97

15th July 2008  17  1  92 8th September 2008  9  0  46 16th September 2008  8  0  68 21st October 2008  11  0  52 2nd December 2008  16  0  90

From the above figures it can be calculated that during the lifetime of the last States there were, on average, 11.7 questions answered during the 57 meetings when oral questions were answered and the question period lasted, on average, 72.4 minutes. Standing Orders were suspended once, on 28th March 2006, to allow the question period to extend beyond 90 minutes. Only 7 questions (all in 2008) were unanswered during the 3 year period when the time expired before they could be dealt with.

The figures for the new States show that since January 2009 more questions have been submitted and more have been unanswered. The figures to date are as follows –

Date

20th January 2009 3rd February 2009 24th February 2009 10th March 2009 24th March 2009 31st March 2009


Oral with Notice answered

19 15 16 13 14 18


Oral with Notice unanswered

0 0 4 16 4 0


Oral with Notice (Minutes)

114 91 92 101 91 110

Standing Orders were suspended on 20th January and 31st March 2009 to allow all questions to be answered.