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PPC Minutes 26th April 2002

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MH/PH/130 1

PRIVILEGES AND PROCEDURES COMMITTEE (1st Meeting)

26th April 2002

PART A

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

In attendance -

M.N. de la Haye, Deputy Greffier of the States M.P. Haden, Committee Clerk.

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

Welcome A1.  The President welcomed the new Committee members to the inaugural meeting

of the Privileges and Procedures Committee and expressed his intention to lead the Committee in a spirit of openness to the public.

Terms of A2.  The Committee noted that the States, in disbanding the House Committee had Reference approved  the  draft  Transfer  of  Functions  (Privileges  and  Procedures  Committee) 1240/22/1/6/1 (Jersey) Act 2002. It took note of its terms of reference as set out in the proposition of

  1. the Policy andResourcesCommittee as amended,adoptedbytheStateson 26th March 2002 (P.23/2002), namely -
  1. t o reviewthe practices andproceduresof the States Assembly,including access to official information by States members, and to bring forward, for approval bythe States following consultation with the Bailiff asPresident of the States, amendmentsto,or the redrafting of, the States of Jersey Law 1966, as amended, and the Standing Orders of the States of Jersey to facilitate the introduction and successful operation of the new system of government, and thenceforth to keep the States ofJersey Law 1966, as amended, (or any new legislation replacing the Law) and the Standing Orders under review;
  2. to developandbring forward, for approval bythe States, the termsof reference, conditions and facilities for Scrutiny Committees,and the Public Accounts  Committee, and  the  cost  implications and  budgetary requirements thereof and, following the introduction of a ministerial system of  government, to keep  under review  the  arrangements for scrutiny to ensure successful operation of the new systemofgovernment;
  3. to review, and keep under review, in consultation with the Bailiff , as President  of the  States,  the  Greffier of the States,  and following  the introduction of a ministerial systemofgovernment,the Chief Minister and any othermemberormembersas appropriate, the generalproceduresfor the  timely  and  efficient  management of public  business in  the  States Assembly, including thearrangements for dealing with private members' propositions;
  4. t o review, keep under review and, as necessary, bring forward for the

approval of the States, proposals for the provision of the accommodation, services

and facilities for members and officers of the States Assembly;

  1. t o review, keep under review and, as necessary, bring forward for the approval of the States, proposals for changes to the remuneration and expenses available to elected members,and proposals concerning how such payments should be determined;
  2. t o developandbring forward for approval by the States a Code ofConduct for all membersof the States, to keep this Codeunder review, to put in place suitablearrangements for the enforcement ofthe Code, and in this context topromote high standards amongstmembersand to champion and defend the privileges ofmembers;
  3. to bring forward for the approval of the States proposals for the provision of information to the public about the workofthe States Assembly, and, following the introduction of a ministerial system, about the workof the Council of Ministers, the Scrutiny Committees, and the Public Accounts Committee, and to keep thesepublic information servicesunderreview;

(viii) to review and keep under review the Code of Practice on Public Access to

Official Information adopted by the States on 20th July 1999 and, if necessary, bring forward proposals to the States for amendments to the Code including, if appropriate the introduction of legislation, taking into account the new system of government;

  1. i n consultation with theGreffierof the States, to bring forward proposals, including resource requirements, for the approval of the States for the establishment of a service for the recording and transcription of States proceedings and, should the States so decide, for the recording and transcription of the proceedings of Scrutiny Committees, and the Public Accounts Committee;
  2. to bring forward proposals to the States on the future compositionof the Privileges and Procedures Committee, its powers and resource requirements, following the introduction of a ministerial system and, if necessary, tomakeproposalsfor revised or additional termsof reference for thenewCommittee; and
  3. in carrying out the responsibilities described in (i)-(x) above, to have regard to the legislative programme that will beinprogress to enable the transition to a new systemofgovernment.

The Committee further noted the timescale of actions set out in the above proposition, and noted that it was required to bring forward proposals to the States, as follows -

Before the end of August 2002:

  1. o n the formationofscrutinycommittees,inaccordance with the Actofthe States dated 28th September 2001, includingthe composition of, proposed method of appointmentto,termsof reference of, and provision of facilities for Scrutiny Committeestogether with a detailed resource plan;
  2. o n a CodeofConduct for members;
  3. o n the provision ofappropriateaccommodation,servicesand facilities for

members;

  1. o n the remuneration and expenses provision for electedmembersof the States, including rolessuch as ministers, chairmen of scrutiny committees, assistant ministers and others;

Before the end of December 2002:

  1. o n the provisionof information to the publicabout the work of the States Assembly, and, following the introduction of a ministerial system,about the workof the Scrutiny Committees;
  2. o n the Codeof Practice onPublicAccesstoOfficialInformation;
  3. on the establishmentof a recording and transcription service for the States Assembly  and, should  the  States  so  decide,  on the  establishment of a recording and transcription service for the Scrutiny Committees;

(viii) on proposals for amending, or re-drafting, the States of Jersey Law 1966,

as amended, and the Standing Orders of the States of Jersey.

Vice President - A3.  The Committee, in pursuance of Article 31(1) of the States of Jersey Law 1966, as appointment. amended, appointed Deputy J-A Bridge as Vice-President.

States (2)

Authorised A4.  The Committee approved the Committee Clerk, Mr M.P. Haden, as authorised signatory. signatory for the payment of Committee invoices and accounts.

1240/22/1/6/1

  1. 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.

Carry Forward A5.  The Committee received a letter, dated 11th April 2002, from the Treasurer of the from House States with regard to the carry forward from 2001 to 2002 of the revenue balance of Committee 2001. the House Committee in the sum of £20,003.

1038/1/3/39(28)

The Committee, having noted that £14,955.86 of the 2001 revenue balance related to F.E.C.C. Public Access on Freedom of Information and that there was currently no ongoing T.O.S. project relating to the Code of Practice to which this sum had been committed, agreed C.I.Aud. to request the Finance and Economics Committee for authorisation to use this sum at D.G.O.S. its own discretion for work related to the tasks assigned to the Committee under its

terms of reference.

The Committee further noted that the President had written to the President of the Finance and Economics Committee requesting a meeting to discuss resources for the Privileges and Procedures Committee.

The Greffier of the States was directed to send a copy of this Act to the Finance and Economics Committee.

Working method. A6.  The Committee considered its working method as follows -

Clerk (a) It was agreed that papers would be circulated as far as possible by e-mail,

with copies to the Committee Clerk for central reference;

  1. I t was agreed that Committee Minutes would be made available to all States Members once signed, preferably throughe-mail.
  2. It was agreed that the Committee would welcome observers, including the media, to all its meetings;
  3. T heCommittee considered thequestionofexecutivesupportandrecalled that  the States  had agreed that  adequate resources,  both  financial  and manpower, bemade available to the Privileges and ProceduresCommittee from the date of its establishment. Itagreed that executive support, such as a researchofficer,would be requiredoverandabove the time the Deputy Greffier of the States and the Committee Clerkwere able tocommitto Committee business.TheCommittee recognised that a secondmentprocess would  take  a  considerable  amount of  time  to  secure  an  appropriate appointment. It considered the possibility of requesting assistance from the Machinery of  Government team but was aware that  there was an expectation that the Privileges and ProceduresCommitteeshouldbeseento be  independent of the  Policy and  Resources Committee in seeking  to establish a robust system of scrutiny for the future ministerial style of government.  It  was agreed that  the  President and  certain other representatives of the Committee wouldseekan early opportunity to meet with the PolicyandResourcesCommittee to discuss the support that the Committee required to fulfil its terms of reference;
  4. It wasnoted that DrS.Chiang,DirectorofComputerServices,was keen to link into the workof the Committee;
  5. It wasagreed that a Gantt chart wouldbeused to help plan the workof the Committee over the comingmonths.

Formation of A7.  The Committee noted that it was required to bring forward to the States before the Scrutiny end of August 2002 proposals for the formation of scrutiny committees, in accordance Committees. with the Act of the States dated 28th September 2001 including the composition of, 1240/22/1(9) proposed method of appointment to, terms of reference of, and provision of facilities

for Scrutiny Committees together with a detailed resource plan.

D.G.O.S.

The Committee recalled that the Implementation Plan referred to some models that would inform the Committee's work. It agreed that it needed to consider a model based on the decision-making process for Jersey, with a clear understanding of what scrutiny was and should be. This task should be given the highest priority in the Committee's initial workload. Deputy R.G. Le Hérissier was requested to take the lead in this respect.

The Committee agreed that it should examine scrutiny arrangements in Westminster and Scotland in the first instance. It confirmed the arrangements for members who were to visit the House of Commons on 30th April 2002 to hold discussions about the Select Committee system and to see Select Committees in action. It requested the Deputy Greffier of the States to investigate suitable dates and costings for a visit to the Scott ish Parliament. It was further agreed that the Committee should examine the system of scrutiny in local government in the United Kingdom which might more closely parallel the scale and dynamics of the future system in Jersey. In addition, the Committee should look for the possibility of inviting to the Island visiting speakers from other jurisdictions with effective forms of scrutiny.

The Committee agreed to give further consideration to the issue of future scrutiny

arrangements at its next meeting.

Code of Conduct A8.  The Committee noted that it was required to bring forward to the States before the for Members. end  of  August  2002  proposals  on  a  Code  of  Conduct  for  members.  Prior  to 1240/9/1(11) consideration of the preparation of a draft Code, the Committee requested -

792/4(20)

  1. th at a paperbeprepared for its next meeting onthe current arrangements in

D.G.O.S. respect to the conduct expected of members;

  1. t hat  copies of  the  Code of Members of the House  of Commons be circulated to members before the next meeting; and
  2. th at a paperbepreparedon the key principles to be set out in the Code, for agreementby the Committee at its nextmeeting.

On a related matter, the Committee requested the Deputy Greffier of the States to prepare a set of guidelines for States members regarding access to Committee Minutes.

Accommod- A9.  The Committee noted that it was required to bring forward to the States before the ation, services end  of  August  2002  proposals  on  the  provision  of  appropriate  accommodation, and facilities for services and facilities for members.

members.

1060/5/1(18) The Committee recalled that the House Committee had already done a considerable

amount of work on this issue and requested the Deputy Greffier of the States to prepare D.G.O.S. a paper for its next meeting summarising the current options.

The Committee gave initial consideration to future requirements for a library, research facilities and distance learning. It agreed to consider the creation of a Facilities Sub- Committee at its next meeting.

Remuneration A10.  The Committee noted that it was required to bring forward to the States before and expenses the end of August 2002 proposals on the remuneration and expenses provision for provision for elected members of the States, including roles such as ministers, chairmen of scrutiny members. committees, assistant ministers and others.

1240/3(64)

The Committee recalled that the House Committee had done a considerable amount of D.G.O.S. work on this issue, including a consultation document (R.C. 33/2001). It was also

noted that the Commonwealth Parliamentary Association had recently issued a report

on remuneration and the Committee requested that copies of this report be circulated to

its members before the next Committee meeting.

The Committee recognised that the matter of responsibility payments required very careful consideration and requested that a report be prepared for its next meeting to include some options and costings for the new system of government.

States of Jersey A11.  The Committee noted that it was required to bring forward to the States before Law, 1966, as the end of December 2002 proposals for amending, or re-drafting, the States of Jersey amended, and Law 1966, as amended, and the Standing Orders of the States of Jersey.

Standing Orders

of the States of The  Committee  considered  a  request  from  Mr  J.   Harris ,  Manager,  Machinery  of Jersey. Government Reform, to give high priority to the work on the States of Jersey Law in 1240/4(138) view of its crucial importance to the reform process. The Committee agreed that it

would address this issue once the immediate tasks set down for the Committee had been commenced.

With regard to the Standing Orders of the States of Jersey, the Committee recognised that the review of Standing Orders carried out by the House Committee in 2000, which had been suspended pending the publication of the Clothier Report on the review of the Machinery of Government, would have to be completely revisited in the light of the new ministerial form of government agreed by the States.

Special A12.  The Committee considered the statement made to the States by the President of Committee to the  Special  Committee  to  consider  the  Relationship  between  Committees  and  the consider the States on 23rd April 2002 regarding the operation of the administrative appeals system. Relationship

between The  Committee  noted  that  the  Special  Committee  intended  to  issue  procedural Committees and guidelines on the operation of the administrative appeals system in the very near the States - future.  The  Committee  welcomed  the  measures  being  considered  by  the  Special President's Committee and expressed the hope that the Special Committee would consult closely statement on with it in any further reforms they might propose, in order to make the best use of administrative resources and to link into the work on the formation of Scrutiny Committees.

appeals system,

1386/2(61) The Greffier of the States was directed to send a copy of this Act to the Special

Committee accordingly.

Special Committee

Proposed A13.  The Committee noted that, under its terms of reference, it was responsible for establishment of the development of a Public Accounts Committee. It recalled that the Public Accounts a Public Committee and Auditor General Working Party had been established in October 2002 Accounts and was due to present its report shortly to the Policy and Resources Committee. Committee and

an Auditor to the The Committee agreed that it was important to gain a clear understanding of the future States of Jersey. relationship between Scrutiny Committees and the Public Accounts Committee. 1240/22/1(18)

The President agreed to write to the Policy and Resources Committee requesting that the report of the above Working Party be made available to the Committee once this report had been presented.

Date of next A14.  The Committee agreed that its next meeting would take place on 15th May 2002 meeting. commencing at 2.30 p.m. in the Peirson Room, Morier House.

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