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Questions in the States: Connétables and political parties (P.85/2010) – comments.

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STATES OF JERSEY

QUESTIONS IN THE STATES: CONNÉTABLES AND POLITICAL PARTIES (P.85/2010) – COMMENTS

Presented to the States on 15th July 2010 by the Privileges and Procedures Committee

STATES GREFFE

2010   Price code: A  P.85 Com.

COMMENTS

The Privileges and Procedures Committee does not support the proposition of Deputy P.V.F. Le Claire for the following reasons –

  1. if adopted,  it  would  extend  members'  ability  to ask  questions  to persons who have no direct responsibility to the States for the duties they undertake;
  2. the 2 hour question period could be taken up with questions that were of little relevance to the majority of members;
  3. introducing  new  categories  of  questions  could  mean  that  more questions to Ministers and other officeholders appointed by the States would remain unanswered.

The Committee notes that the proposition would extend the ability of members to ask questions to persons who have no direct responsibility to the States for the duties they undertake. Oral questions with notice are answered during a restricted time period of 2 hours  and,  to  date  in  2010,  26 questions  have  not  been  answered  because  the allocated time has expired. It is therefore important to ensure that questions asked are relevant  to  the  business  of  the  States  Assembly.  By  adding  new  categories  of questions,   Deputy  Le  Claire's  proposal  could  mean  that  even  more  questions  to Ministers and other officeholders remained unanswered.

The principal purpose of questions in the States is to hold to account those who have been appointed by the States to positions of official responsibility. Question time is the opportunity for members to ascertain whether those they have appointed as Ministers or Chairmen of Panels/Committees, etc. are undertaking their duties in a satisfactory way.  The  vast  majority  of  questions  are  therefore  related  directly  to  official responsibilities undertaken on behalf of the States Assembly as a whole. The only exception to this rule is questions to the Chairman of the Comité des Connétable s, who is allowed under Standing Orders to answer questions on matters which are common to all parishes. These would include Public Election matters or Rating matters which are of interest and relevance to all members of the States as they are largely governed by legislation approved by the Assembly.

Deputy Le Claire's first suggestion is that individual Connétable s should be able to be asked  about  parochial  matters.  The  Committee  does  not  consider  this  to  have relevance to the States Assembly as a whole, and it would seem more appropriate that matters relating to an individual parish are raised at Parish Assembly level or with the individual   Connétable  concerned  outside  the  Assembly.  A  question  under  the proposed new rules would appear to be in order, for example, if it asked an individual Connétable about the contract for refuse collection in that particular parish or why a particular parish road had not been resurfaced for a number of years. It is difficult to see how such questions would represent the best use of the Assembly time in the limited question period. In addition, this would go against the principal purpose of States' question time which, as mentioned above, is to hold to account members appointed to positions of responsibility by the Assembly.

Similar considerations apply to the suggestion that questions could be asked to the leader or a representative of a political party. Deputy Le Claire comments in his report that he is concerned about the accountability of political parties, but it is difficult to

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see how this accountability can be found through questions in the Assembly. The Speaker of the House of Commons has made it clear that questions in the House of Commons cannot be asked on purely party political matters, even though many of the exchanges at, for example, Prime Minister's Question Time clearly have a heavy party slant'.  There  would,  in  addition,  be  nothing  to  stop  "tame"  questions  from  one member  or  supporter  of  a  political  party  which  would  simply  ask  the  leader  or representative to confirm that the party was, for example, very wise to adopt a certain new policy or draw attention to a forthcoming party event. The Committee considers this to be a totally inappropriate use of Assembly question time.

PPC is disappointed that Deputy Le Claire did not discuss his proposals with the Committee before lodging this proposition. PPC is always more than willing to discuss matters relating to Standing Orders and procedures with members, and if there had been an opportunity to discuss these proposals in advance with Deputy Le Claire it might have been possible to avoid the need for PPC to present these critical comments to the States.

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