PPC Minutes 6th November 2002

CLEQ/KAK/323 79

PRIVILEGES AND PROCEDURES COMMITTEE (18th Meeting)

6th November 2002

PART A

All members were present. Deputies R.J. Le Herissier and C.J. Scott - Warr en were not present for items A1 to A8.

In attendance -

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

R.W. Whitehead, Principal Legal Adviser, Law Officers' Department S. Drew, Assistant Legal Adviser D.C.G. Filipponi, Assistant Greffier of the States P. Byrne, Executive Officer A. Booth, Research Assistant C. M. Le Quesne, Acting Committee Clerk (for a time) M.P. Haden, Committee Clerk (for a time).

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

Minutes A1.  The Minutes of the Meeting held on 14th and 24th October 2002, (Part A only),

having been previously circulated, were taken as read and were confirmed.

Draft Comments A2.  The Committee, with reference to its Act No. A1 of 2nd July 2002, considered its relating to the draft  Comments  to  the  draft  report  and  proposition  of  the  Policy  and  Resources Policy and Committee on the Structure of the Executive.

Resources

Committee: draft The Committee recalled that it had previously considered the report together with report and comments  made  by  Mr  R.  Whitehead,  Principal  Legal  Adviser,  Law  Officers' proposition on the Department.

Structure of the

Executive The  Committee  approved  the  content  of  the  draft  comment,  subject  to  minor (P.191/2002). typographical amendments, to be presented to the States and agreed that they be 1240/22/1(18) forwarded to H.M. Attorney General for information, in advance of presentation. It

was agreed that following the meeting with H.M. Attorney General on 13th November Ex.Off. 2002 the comments should be presented to the States on 19th November 2002.

A.G.

States (2) The Greffier of the States was directed to send a copy of this Act to the Law Officers' Pub.Ed. Department for information.

Machinery of A3.  The Committee, with reference to its Act No. A8 of 24th October 2002, received Government: a report, dated 6th November 2002, prepared by the Executive Officer in connexion Composition and with its proposed draft comments to the draft report and proposition of the Special Election of the Committee on the Composition and Election of the States Assembly, excluding the States Assembly - Minority Report of Senator L. Norman (P.186/2002).

P.186/2002 -

report of the The Committee recalled that, at its last meeting, it had been of the view that the Special Special Committee had missed an opportunity to make significant changes to the Committee current composition and election of the States Assembly and had failed to respond to on the the momentum for change initiated by the Clothier Review and taken up in the various Composition and decisions already made by the States in moving along the road towards reform of the Election of the machinery of government.

States Assembly -

comment. The Committee considered that the Special Committee had not made recommendations 1240/22/1(12) which were consistent with the decision of the States of 28th September 2001 and

which would facilitate the introduction of a ministerial system of government.

Ex.Off.

States (2) The Committee decided that it would await the States decision in response to the Pub.Ed. aforesaid report and proposition and that it would take the necessary action to apply

the States direction accordingly.

Public Services A4.  The Committee, with reference to its Act No A4 of 17th September 2002, relating Committee issues to accommodation and facilities for States members, discussed items to be raised with to be discussed the Public Services Committee at a meeting scheduled for 11th November 2002. relating to

facilities. The Committee agreed that the following matters should be considered at the joint 1060/5/1(31) meeting -

Ex.Off. (a) T ransfer of the buildings administration to the Privileges and Procedures

Committee;

2. S tatesmembers' parking;
3. cl eanliness of the States building duringthecontinuedrefurbishment
4. th e completion of works relating toPhaseIIandsecuringthenecessary funding  to  ensure that  completion  from  the  Finance  and  Economics Committee.

The Executive Officer agreed to apprise the Public Services Department of the matters raised by the Committee for discussion at the forthcoming joint meeting.

Report and A5.  The Committee, with reference to its Act No. A4 of 30th July 2002, gave further Proposition consideration to preparing a draft report and proposition in connexion with States relating to members facilities following the distribution of its First Report, dated 2nd October. facilities.

1060/5/1(31) The  Committee  recalled  that  States  members  had  been  asked  to  respond  to  the

aforesaid report with regard facilities required by members. It was agreed that, as few Ex.Off. responses  had  been  received  to  date,  States  members  might  be  provided  with  an

opportunity to participate in a seminar to discuss the proposed facilities and other

aspects of the First Report. The Vice President agreed to take the necessary action in

this connexion.

The Committee noted that, whilst some offices within the refurbished building were being used, no signs had been attached to the doors in accordance with the States decision that no rooms be allocated until completion of the entire project.

The Committee noted the position accordingly.

Broadcast A6.  The Committee, with reference to its Act No. A5(b) considered research, dated media's legal 28th October 2002, prepared by Mr. S. Drew, Assistant Legal Adviser, in connexion obligations in with the broadcast media's legal obligations in English law regarding air time for English law and politicians around elections.

chairing of

hustings The Committee gave detailed consideration to issues of consistency in connexion with meetings. media guidelines and matters such as chairing hustings meeting. It was agreed that 424/2(7) with regard to the media some inconsistencies had been highlighted. The Committee

agreed  that  it  would  seek  the  views  of  the  Legislation  Committee  particularly  in Ex.Off. respect of administration of hustings meetings.

A.G.

Leg.C.(2) The President agreed that he would approach the media to seek clarification regarding H.R.C.(2) the guidelines to which they were required to adhere and, in particular, the author of

those  guidelines  to  discuss  the  criteria  used  in  their  application.  The  Committee, having  discussed  experiences  relating  to  hustings,  suggested  that  some  further consideration  should  be  given  to  the  participation  of  civil  servants  in  election campaigns and post election events. The Committee decided to request the Human Resources  Committee  to  consider  the  matter  with  regard  to  practices  in  other jurisdictions.

The Committee noted a letter from BBC Radio Jersey outlining the guidelines adopted by the BBC in Jersey during election time. Mr. S. Drew, Assistant Legal Adviser, was tasked with examining what the force of these guidelines were by, inter alia, looking at the scope of the Broadcasting Acts 1990, as extended to Jersey by Orders in Council.

On a related matter, the Committee noted that H.M. Solicitor General had provided one of the Parishes with advice relating to candidates and the potential conflict of their permanent employment when associated to Parish function. The President agreed to seek a copy of that advice from the Solicitor General for the Committee's information. The Committee was mindful that the Human Rights (Jersey) Law 2000 with regard to the Article on freedom of expression might have some implications on the current Civil Service General Rules. It was agreed that the view of H.M. Solicitor General should be sought in this connexion.

The Greffier of the States was requested to send a copy of this Act to the Legislation and Human Resources Committees accordingly.

Draft report and A7.  The  Committee, with  reference to its Act  No. A2(c)  of  14th October 2002, proposition discussed the possible lodging of a report and proposition relating to the remuneration relating to States of States members.

members

remuneration - The Committee recalled that it had previously agreed that the principle of a basic comment of the remuneration available to all members was essential in order to encourage a wide Finance and range of candidates to present themselves for election to the States. The level of Economics remuneration proposed was considered to be modest. It was difficult to predict whether Committee or not there would be an overall increase in the cost to the States compared to the sought. current situation as this would be dependent on the number of members accepting 1240/3(68) remuneration.

Ex.Off. The Committee noted that the issue of remuneration had been included in its First

Report, dated 22nd October 2002, which had been circulated to all States members as a consultation document. It was noted that the proposals had been forwarded to the Finance and Economics Committee for comment.

The  Committee  agreed  that  upon  receipt  of  those  comments  its  draft  report  and proposition relating to States members remuneration should be lodged au Greffe'.

The President agreed to discuss the matter with the President of the Finance and Economics Committee and the Greffier of the States was requested to apprise the Treasurer of the States of the Committees intention.

Election of A8.  The Committee received a report, dated 29th October 2002, from the then Deputy Committee Greffier of the States regarding a proposal that the current procedures for the election Presidents. of Committee Presidents, as prescribed in Standing Order 41(1B), be amended to allow 1240/4(153) for a period of questioning of candidates by members before the ballot was held

following a suggestion made by Deputy R.G. Le Hérissier.

Ex.Off.

Bailiff The Committee considered the suggestion that a maximum of 15 minutes questioning C.E., P&R for each candidate following their five minute address would be appropriate. It would P.R.C.C. allow all members, particularly those newly elected, to learn more about a candidate's P.R.E.O. reasons for seeking a presidency. The Committee, however, was concerned that this

would result in a lengthy session. Furthermore, there was a possibility that the question session might be abused by means of planted' questions.

The Committee decided that the States should be asked to agree to implement the revised  procedure  as  an  experiment  in  the  forthcoming  election  of  Committee Presidents on 12th December 2002, but only in respect of the principal Committee of the States, namely the Policy and Resources Committee. This would allow the new procedure to be assessed before any permanent changes were made to standing Orders.

The Committee accordingly decided to request the Bailiff to consider whether the States would be required to suspend Standing Orders for this purpose. The Greffier of the States was agreed to draft a letter for the President to advise the President of the Policy and Resources Committee of the proposed experimental procedure and to draft the necessary draft proposition for the Committee's approval by means of a telephone meeting.

The Greffier of the States was directed to send a copy of this Act to the Bailiff and the Policy and Resources Committee.

First Report - A9.  The Committee considered the timescale for future work on issues, other than timescale for Remuneration and Facilities, contained in its First Report to the States, as follows - future work.

1240/22/1/6/1 (a) S crutiny -

(22)

1. Shadow Scrutiny Pilot- The Committeegave further consideration

Ex.Off. to the question of setting up a shadow scrutiny' pilot exercise. It was

agreed that such an exercise without proper training and resourcing might result in scrutiny getting off to a false start'. It was agreed accordingly to defer this matter for the time being;

2. Training - The Committeenoted that the Deputy Greffier of the States Designate wasdue to attend a training seminaron Scrutiny at BirminghamUniversity later inNovember2002.Itwasagreed that the possibility should beexploredof inviting Mr.C.Game, Institute of Local Government Studies, to return to Jersey to lead a local training seminar.

(b) C ode of Conduct - The Committee noted that the only remaining work in this connexion related to the finalisation of work on the declaration of members' financial interests, which was being undertaken by the Deputy Greffier  of  the  States.  It  was  envisaged  that  a  proposition  would  be presented to the States early in 2003.

Second Report to A10.  The Committee considered the following matters in relation to progress with its the States - Second Report to the States -

progress report.

1240/22/1/6/1 (a) P rovision of Information to the Public -

(23)

1. States Bookshop - that the States Bookshopmightbe better utilised

Ex.Off. to provide information to the public. The Assistant Greffier of the

States  was  requested  to  explore  the  possibilities  and  to  prepare recommendations  for  the  Committee  to  consider  at  a  subsequent meeting;

2. School visits - that tours ofthe States Chamberby school groups should beencouraged;
3. States Assembly website - that the addition of a search engine should  be investigated.  The Greffier  of  the  States  undertook to explore costings;and
4. Public Relations Role for Scrutiny - the Committeerequested that a job descriptionbeobtained from BirminghamCounty Council.

T h e Committee requested that the draft section of the Second Report, in

respect  of  provision  of  information  to  the  public,  be  prepared  for  its consideration by the end of November 2002.

2. Freedom of Information - The Committeereceived an updateonwork being done in relation toFreedomofInformation.Itwasenvisaged that a draft paper would be presented to the Committee for consideration bythe end ofNovember 2002;
3. Recording and Transcription Service - The  Greffier of the Stateswas requested to prepare a report for the Committee's consideration, including the provisionofan electronic voting system;and
4. Drafting new States of Jersey Law and Standing Orders of the States of Jersey - that ithad been agreed that Mr. M. Entwistle would undertake the work ondrafting the new States of Jersey Lawworkingon a part-time basis with a 50/50split with his responsibilities in the Health and Social Services Department.Itwasintendedthat,following initial research,Mr. Entwistle  would  prepare  broad-brush proposals  for the  Committee's consideration at its meeting on 6th December2002.

Matters for A11.  The Committee noted the following Act of the Policy and Resources Committee information. -

Act No A14, dated 24th October 2002 in connexion with the comments on the proposition of Senator P.V.F. Le Claire for a referendum regarding changes to the constitution and membership of the States.