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Carbon Neutral Strategy 2019 (P.127/2019): second amendment (P.127/2019 Amd.(2)) – comments [P.127/2019 Amd.(2)Com.]

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STATES OF JERSEY

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CARBON NEUTRAL STRATEGY 2019 (P.127/2019): SECOND AMENDMENT (P.127/2019 Amd.(2)) – COMMENTS

Presented to the States on 21st February 2020 by the Minister for the Environment

STATES GREFFE

2019  P.127 Amd.(2)Com.

COMMENTS

Background

The Environment, Housing and Infrastructure Scrutiny Panel lodged an amendment (P.127/2019 Amd.(2)) on 7th February 2020, which was the second amendment to P.127/2019. There are 2 amendments within Amendment (2).

Detail

The Minister for the Environment opposes the first part of the amendment.

It is the view of the Minister for the Environment that a Chair should be appointed by the Government as outlined in the Carbon Neutral Strategy Appendix 3.

The Chair of the Citizens' Assembly will be appointed by the Jersey Appointment Commission ("JAC") on behalf of the Government in line with the agreed procedures for appointments to Commissions. This is a transparent procedure that has been agreed by the States Assembly for appointments of this nature. It is the opinion of the Minster for the Environment that the appointment of the Chair should be made in line with agreed procedure and practice.

By virtue of the fact that the appointment will be made by the Government through the JAC, the integrity and independence of the Chair can be assured which will ensure the credibility and robustness of the recommendations that the Citizens' Assembly develop.

Accepting  the  amendment  would  potentially  expose  the  process  to  lobbying  and undermine the credibility of the Citizens' Assembly. By following the agreed procedure, we recognize the sovereignty of the States Assembly and recognise that the Citizens' Assembly is being established by the States Assembly for the purpose as outlined in the mandate in Appendix 3 of the Carbon Neutral Strategy.1

The Minister for the Environment accepts the second part of the amendment and the insertion of the additional paragraph as follows –

"2  PAGE 2, PARAGRAPH (b) –  

After the words, "the Appendix to the Report", insert the words "except that, after Paragraph viii, the following paragraph shall be inserted –

"(ix)  The Environment, Housing and Infrastructure Scrutiny Panel

shall  have  the  right  to  observe  meetings  of  the  citizens' assembly, as well as the selection and reporting process, and will  report  its  observations  and  findings  to  the  States Assembly." ".

1https://www.gov.je/Government/Departments/OfficeChiefExecutive/OfficeChiefExecutivesSe ctions/JerseyAppointmentsCommission/Pages/GuidelinesRecruitmentSeniorEmployeesAppoin teesIndependents.aspx

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P.127/2019 Amd.(2)Com.

It is the opinion of the Minister for the Environment that this amendment supports the principles  of  transparency  and  provides  scrutiny  of  the  process.  By  enabling  the Environment, Housing and Infrastructure Scrutiny Panel to have observer status and to produce an independent report of the process and findings that the panel will report to the States Assembly, this will ensure the full transparency of the Citizens' Assembly.

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Statement under Standing Order 37A [Presentation of comment relating to a proposition]

These comments were submitted to the States Greffe after the noon deadline as set out in Standing Order 37A due to administrative delay.

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P.127/2019 Amd.(2)Com.