PPC Minutes 25th July 2002

MH/PH/211 39

PRIVILEGES AND PROCEDURES COMMITTEE (8th Meeting)

25th July 2002

PART A

All members were present, with the exception of Senator C. Stein and Deputy J-A Bridge, from whom apologies had been received.

In attendance -

M.N. de la Haye, Deputy Greffier of the States S. Drew, Assistant Legal Adviser M.P. Haden, Committee Clerk.

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

Work A1.  The Committee received an update from members on the following aspects of its programme. work programme -

Ex.Off. (a) F ormation of Scrutiny Committees -

1. T he Committee discussedarrangementsfor a fact-finding visit on 12th August 2002 by the President, SenatorW.Kinnard and Deputy R.G.Le Hérissier toLambeth and possibly Mid-BedfordshireLocal Authorities;
2. T imetable - It  was agreed  to aim  to  produce  a  draft  report  by approximately 21st August2002;
3. S hadow Scrutiny - The Committee agreed that it would pursue the possibility  of conducting  shadow scrutiny exercises,  with  the agreement of relevant Committees, on appropriate matters  in the interim periodpriorto the full establishmentof a scrutiny system. The President agreed toapproachthe President of the Harbours and Airport Committee with regard to a possible review oftheAirport Masterplan. He further agreed toinvestigate the costsofemploying a consultant  with  relevant technical  experience and expertise  to conduct such an exercise. TheExecutive Officer wasrequested to establish the identity of the relevant Group Accountant at the States Treasury.

2. Code of Conduct for Members - It wasexpected that a draft report would be prepared by theendof the week ending2ndAugust 2002;
3. Provision of accommodation, services and facilities for members - It was noted that 30 replies had been receivedto date and that more were anticipated by the deadlineon 26th July 2002.

It w  as agreed that the results should be categorised by the type of Member as this was likely to influence their requirements for facilities. Connétable s,

for instance, had dedicated office facilities in their Parish Hall . It was

suggested that Deputies might be encouraged to make use of Parish Hall facilities

for interview rooms. The Executive Officer was requested to raise this matter with the Secretary to the Comité des Connétable s and to investigate the possible cost implications.

4. Remuneration and expenses provision - The Committee, with reference to  its  Act No. A5 of 27th  June 2002,  recalled  that  it had  endorsed a consultation paper on this issue but had deferred issuing the document pending the survey onmembers' facilities;
5. Forward issues - The Executive Officer was requested to establish a listof forward itemsfortheCommittee's consideration. Memberswererequested to notify the Executive Officer of any further issues that might arise.

Policy and A2.  The Committee, with reference to its Acts Nos. A2 of 27th June and A1 of 2nd Resources July 2002, gave further consideration to the draft report and proposition of the Policy Committee: draft and Resources Committee on the Structure of the Executive.

report and

proposition on The Committee agreed that it would focus on the substantive issues in the above projet the Structure of at its next meeting on 30th July 2002. It recalled that it had yet to consider the the Executive. appendices to the above report and gave initial consideration to certain key issues, 1240/22/1(18) namely access and retention of documents and the recording of Ministerial decisions.

The Deputy Greffier of the States was requested to research how these matters were Ex.Off. dealt with in the United Kingdom. The President agreed to prepare a report on the key

issues for the next meeting. It was agreed that a delegation consisting of the President,

Vice President and Senator W. Kinnard would request the opportunity to discuss the

Committee's views and comments with the Policy and Resources Committee at its

meeting of 7th August 2002.

The Committee also recalled that it had not yet finalised its views in respect of the future role of H.M. Attorney General in relation to the Council of Ministers. The Committee recalled its concern that the position of H.M. Attorney General as impartial adviser to the States would be compromised by the perception that he/she was too closely associated with the Executive. It agreed that it would be helpful to delete the word entitled' in respect of the H.M. Attorney General's attendance at the Council. The Council should rather invite H.M. Attorney General to attend the Council for relevant matters. In relation to possible conflicts of interest in provision of legal advice to both Scrutiny Committees and the Council of Ministers, the Committee expressed the view that circumstances where Scrutiny Committees were likely to require legal opinion were not likely to be frequent. The Deputy Greffier of the States was requested to research this matter in other jurisdictions. The Executive Officer was requested to advise  H.M.  Attorney  General  that  the  Committee  would  be  giving  further consideration to the question of his role in the future structure of the Executive and would invite him to a future meeting at an appropriate time.

Machinery of A3.  The Committee noted that the States, in approving the Report and Proposition of Government: the  Policy  and  Resources  Committee Departmental  structure  and  transitional departmental arrangements' (P.70/2002) on 24th July 2002, had requested the Committee to bring structure and forward for approval the necessary Transfer of Functions Acts and amendments to the transitional Standing Orders of the States of Jersey to give effect to the decision to reduce the arrangements. number  of  Committees  in  the  transitional  period  following  the  appointment  of P.70/2002 Committees in December 2002 until the introduction of the ministerial system. 1240/22/1(17)

Ex.Off. The Committee gave initial consideration to a number of policy issues which needed to be addressed in this respect, namely the current distinction between major and minor

Committees, the constitution of Committees and the possible limitation on the number of Committees which an individual member might join. It was agreed that it was important that all members should be able to participate in an appropriate number of Committees.

The Committee agreed to give further consideration to this matter at its next meeting.

Members' A4.  The Committee noted a request from Deputy P.N. Troy to consider the following facilities. items of facilities for Members -

Ex.Off. (a) ad ditional speakers at certain points outside the Chamber;

2. fu nctioning earphones;and
3. p rovisionof electrical supply for laptops ateachMember'sdesk.

The Executive Officer was requested to clarify where responsibility for such items laid.