PPC Minutes 24th October 2002

MH/KAK/305 74

PRIVILEGES AND PROCEDURES COMMITTEE (17th Meeting)

24th October 2002

PART A

All members were present, with the exception of Senator W. Kinnard, from whom apologies had been received. Deputy R.G. Le Hérissier was not present for items A1 to A5.

In attendance -

D.C.G. Filipponi, Executive Officer P. Byrne, Executive Officer Designate M.P. Haden, Committee Clerk.

Present for a time -

M.N. de la Haye, Deputy Greffier of the States

R.W. Whitehead, Principal Legal Adviser, Law Officers' Department S. Drew, Assistant Legal Adviser

Note: The Minutes of this meeting comprise Part A only.

Minutes A1. The Minutes of the Meeting held on 30th September, 2nd, 4th and 18th October

2002, having been previously circulated, were taken as read and were confirmed. Matters arising A2. The Committee noted the following matters arising from previous meetings -

1. A ct No. A9 of 2nd October 2002 - States members' parking arrangements - the statement of the former Public Services Committee President, Deputy J.L. Dorey, to the States on 16th March 2002 regarding the Snow Hill car park and long term plans for States members' parking;
2. A ct No. A12 of 2nd October 2002 - Role of H.M. Attorney General in Council of Ministers/ legal advice for Scrutiny Panels - that a meeting had been arranged with H.M. Attorney General for 13th November 2002 to discuss the issues further;
3. Act No. A3(d) of 14th October 2002 - Accommodation and facilities for members - that the President of the Public Services Committee was to be invited to an informal meeting on 30th October 2002 to discuss the position with regard to Phase II of the States Building Refurbishment contract;
4. A ct No. A3(e) of 14th October 2002 - Remuneration - following comments made by Senator S. Syvret in the media regarding the proposals for States members' remuneration, it was agreed that Senator Syvret should be invited to a subsequent meeting in order to hear his views and to discuss the Committee's report; and
5. Act No. A3 of 14th October 2002 - Report to the States - that a notice would be appearing shortly in the Jersey Gazette requesting comments from the general public on the Committee's Report. It was also requested that a letter be sent to all Chief Officers of States Departments requesting comments.

Authorised A2.  The  Committee  approved  Mr.  P.  Byrne, Executive  Officer  Designate,  as an signatory authorised signatory for the purpose of Orders, Batches and Accounts.

1240/22/1/6/1

(3) The Greffier of the States was directed to send a copy of this Act to the States Treasurer accordingly.

C.I.Aud.

T.O.S.

Freedom of A3.  The Committee received a progress report from the Vice-President in connexion Information. with  the  review  of  Freedom  of  Information  legislation  from  an  international  and 1240/22/1/6/1 national perspective and the lessons that could be learnt wherefrom in developing the

(11) current Code of Practice on Public Access to Official Information in Jersey.

Ex.Off. The  Committee  was  advised  that  all  forms  of  legislation  examined  shared  the

following three basic principles -

1. that  the right of access to government information was a general right of all people and did not depend on establishing a need to know;
2. that  the right of access was subject to a limited number of exemptions which permitted refusal to disclose information if such disclosure would cause harm  of  a  specified  kind.  These  exemptions  covered  issues  of national  security,  international  relations,  law  enforcement,  personal privacy, commercial confidentiality and policy advice; and

(iii) t hat there was a right to appeal to an impartial arbiter who decided whether the exemption applied to particular information and who had the power to rule that information must be disclosed.

The Committee was mindful that the current Code of Practice on Public Access to Official Information in Jersey gave certain rights of access to official information. However, it was aware that the procedures were currently rarely used by members of the public. The Committee was of the view that experience generally showed a culture of guarding official information enduring in Jersey. It was supportive of the view that, as planned reforms moved towards the creation of a ministerial system, greater rights should be enshrined in Law rather than in a Code. The Committee endorsed the suggestion that the relevant legislation in New Zealand should be further investigated as a suitable model for Jersey.

The Committee noted that initial discussions had been held with the Law Draftsman in respect  of  fitting  future  Freedom  of  Information  legislation  into  the  legislative programme. It was suggested that Freedom of Information was a core issue in the Machinery of Government reforms and that it should be included within the time set aside for those reforms rather than have to bid for its own dedicated time in the legislative programme.

The Executive Officer Designate was directed to take the necessary action.

Induction A4.  The Committee received an oral report from the Deputy Greffier of the States in Programme for relation to the planned induction programme for new States members following the new States elections for Deputies in November 2002.

members/ States

Members The  Committee  was  advised  that  a  more  structured  programme  was  envisaged, Handbook. compared to previous years, to include better information on practicalities and issues 1240/9/1(26) such as questions in the States. A draft programme together with information hand- 1240/9/1(39) outs would be available at a subsequent meeting.

Ex.Off. In the longer term, it was planned to undertake a major revision of the States Members

Handbook in the 2003.

Public Elections A5.  The Committee considered the following issues arising from the recent Senatorial (Jersey) Law elections and the forthcoming Deputies elections -

2002: issues

arising from (a) R esponsibility for Public Elections (Jersey) Law 2002 - It was agreed senatorial that consideration should be given to the possibility of the Privileges and elections. Procedures Committee taking over responsibility for the above Law. This 424/2(5) might require alteration of the Committee's current terms of reference. The

President undertook to consult with Senator W. Kinnard, President of the Ex.Off. Legislation Committee, on this issue;

2. M edia coverage - The Committee expressed some concerns relating to the treatment of candidates in the media. Issues raised included the invitation to a prospective candidate for Deputy to appear on the BBC Radio Talkback programme on Sunday, the manner of questioning regarding a successful candidate's election expenses, the right of reply to criticisms voiced on the radio and the policy of the Jersey Evening Post regarding its Letters Page. The Committee requested Mr. S. Drew, Assistant Legal Adviser, to prepare a position paper with regard to the statutory obligations of the media in the United Kingdom at election time; and
3. Im plementation of Public Elections (Jersey) Law 2002 - The Committee noted  that  a  report  had  been  received  from  Mr.  P.  Matthews,   Deputy Judicial Greffier, in regard to the register of postal and pre-poll voting for the recent Senatorial elections. The Committee was of the view that it was not  necessary  to  require  applicants  to  explain  any  reasons  for  the commitments' which prevented them from voting in the normal way at a polling station on election day. In this connexion, the Committee noted that arrangements  had  been  made  for  pre-polling  registration  for  the forthcoming Deputies' elections to take place in the States Bookshop. It was felt that this would be more convenient for the public and would be an improved environment for the exercise.

T he Committee also asked that a copy be obtained of the Guidelines issued

to Jurats in respect of the implementation of the above Law on polling day. The Committee agreed that certain aspects of the Law, such as the location of  candidates' supporters  vis-à-vis  the  polling  station,  might  need clarification.

States of Jersey A6.  The  Committee  received  an  oral report  from the  President  on  proposals  for Law 1966 - commencing the process of redrafting the States of Jersey Law 1966.

redrafting

process. The Committee noted that Mr. M. Entwistle, presently seconded to the Machinery of 1240/1/6(4) Government Reform team from the Health and Social Services Department, had been

put  forward  by  the  Policy  and  Resources  Committee  to  undertake  the  work  of Ex.Off. preparing the drafting instructions for the new Law. The Committee was of the view

that this task could be a full-time responsibility for the necessary period of time rather

than a part-time responsibility combined with Mr. Entwistle returning to some duties in

the Health and Social Services Department. The Executive Officer was requested to

confirm the arrangements with the Manager of Government Reform.

The Committee considered how to commence the process of drafting the Law. It requested that a digest be prepared of all the recent decisions of the States impacting on the States of Jersey Law 1966 together with a report outlining the political issues which needed to be addressed. The Committee agreed that it would then devote a half- day to a brain-storming session from which would emerge a steer to enable Mr. Entwistle to prepare a draft brief for the Law Draftsman.

The Committee noted the advice of the Principal Legal Adviser to the effect that the Committee should not hesitate to include in the initial draft of the Law items which it was uncertain would be ultimately be acceptable. The draft Law would be the subject of comprehensive scrutiny by others who could express opinions as to the acceptability of any items. The Committee also noted advice to keep the Law as short and flexible as possible. Details which might be amended in the passage of time as new developments arose should be included in Regulations rather than the Law.

Matters for A7. The Committee noted the following matters for information -

information

1. t he record of a meeting of the Public Accounts Committee (PAC) and

Ex.Off. Auditor General Working Party, held on 20th September 2002;

2. a  copy  of  the  Executive  Summary  of  the Review  of  the  Audit Arrangements within the States of Guernsey', produced by the National Audit  Office.  It  also  noted  that  a  book  on  Comparative  Audit  in  the Commonwealth,  published  by  the  Commonwealth  Parliamentary Association (CPA) would be received shortly. The President and Deputy R.G. Le Hérissier undertook to study the above documents and to report to the Committee on their implications for the scrutiny and audit systems to be established in Jersey; and
3. t he  President  undertook  to  write  to  Mr.  G.  Hutchison,  Director  of Architecture, Public Services Department in connexion with the state of the States Building during the current phase of the refurbishment works;
4. a r  esumé, prepared by the Committee Clerk, of issues of relevance to Jersey contained in the report, dated 24th July 2002, of the House of Commons Select Committee on the Modernisation of the House of Commons.

Machinery of A8.  The Committee received and considered the Report of the Special Committee on Government: the Composition and Election of the States Assembly (P.186/2002).

Composition and

Election of the The Committee noted that the States had been asked to charge the Privileges and States Assembly Procedures  Committee  to  take  the  appropriate  actions  to  implement  the - P.186/2002 - recommendations of the Special Committee. report of the

Special The general consensus of views in the Committee was that the Special Committee had Committee on the missed an opportunity to make significant changes to the current composition and Composition and election of the States Assembly and had failed to respond to the momentum for change Election of the initiated by the Clothier Plan and taken up in the various decisions already made by the States Assembly States in moving along the road towards reform of the machinery of government. The -comment. Special Committee, although acknowledging the crucial objective of the proposed 1249/22/1(2) reforms  of  the  Machinery  of  Government  (besides  the  efficiency  of  government

decision-making) to promote greater voter participation in the electoral process and Ex.Off. general public engagement', appeared to have proposed nothing which might further

that objective. Its main proposal, namely the reduction in the number of Senators, was

largely unjustified except in terms of the public's general expectation of fewer States

members.

The Committee formed the view that it favoured all States members being elected on a single election date with the same term of office.

The Executive Officer, in liaison with Senator C. Stein and Deputy J-A Bridge, was requested  to  prepare  a  draft  comment  for  the  Committee's  consideration  at  a subsequent meeting.

Policy and A9.  The Committee, with reference to its Act No. A19 of 30th July 2002, noted that Resources the Policy and Resources Committee had agreed to leave the rules and conventions Committee: relating to collective responsibility and the conduct of ministers to be decided by the Structure of the Council of Ministers itself when this had been established. The Policy and Resources Executive Committee had accordingly withdrawn its report and proposition on the Structure of (P.171/2002) the Executive (P.171/2002) and lodged "au Greffe" a revised proposition (P.191/2002) 1240/22/1(18) without Appendix Two.

Ex.Off. The  Committee  requested  the  Executive  Officer  to  prepare  a  draft  comment  on

P.191/2002 for its consideration at a subsequent meeting.

Acts of other A10. The Committee noted the following Acts of other Committees - Committees.

1. A ct No. A14, dated 2nd October 2002, of the Finance and Economics Committee in connexion with obtaining value for money from grants; and
2. A ct No. A3, dated 30th September 2002, of the Policy and Resources Committee in connexion with the Privileges and Procedures Committee cash limit for 2003.

Date of next A11.  The Committee agreed that its next meeting would take place on 6th November meeting 2002, commencing at 1 p.m., at a venue to be confirmed.