PPC Minutes 8th August 2002

MH?KAK/226/ 49

PRIVILEGES AND PROCEDURES COMMITTEE (10th Meeting)

8th August 2002

PART A

All members were present. In attendance -

D.C.G. Filipponi, Executive Officer

R.W. Whitehead, Principal Legal Adviser, Law Officers' Department Miss P. Staley, Senior Assistant Law Draftsman (for a time)

M.P. Haden, Committee Clerk.

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

Minutes A1.  The Minutes of the Meeting held on 25th and 30th July 2002, having been

previously circulated, were taken as read and were confirmed.

Formation of A2.  The Committee, with reference to its Act No. A4(a) of 30th July 2002 received an Scrutiny initial draft report on Scrutiny, prepared by Deputy R.G. Le Hérissier.

Committees.

1240/22/1(9) The Committee considered the following matters relating to Scrutiny -

Ex.Off. (a) c orrespondence from the President to the President of the Harbours and

Airport  Committee  and  Professor  I.  Poll,  Director  of  the  College  of Aeronautics,  Cranfield  University  regarding  the  possibility  of  a  pilot project scrutinising the proposals for the future funding of Jersey Airport;

2. t hat  information  had been  received from  the Mid-Bedfordfordshire Authority in the UnitedKingdomregarding the termsof reference of its Scrutiny Committees and the lessons learnt to date in the operationof its Scrutiny function;
3. th at anOrderoftheUnitedKingdomParliamenthad been received relating to  means available  to  Select  Committees to  bypass  current  restrictions arising  from  the  Data  Protection  Laws. The Order indicated  how complicated were the implications of both Data Protection and Human Rights for the exercise ofScrutiny;
4. th e need to give greater prominencein the above report to the possibility ad hoc  States projects  involving  considerable  financial expenditure  falling within the remitof Scrutiny Committees;and
5. c orrespondence from the Treasurer of the States regarding the low priority given  to  expenditure  on Select  Committees in  the  United Kingdom in proportion  to the total budget.  The Committee requested  the   Deputy Greffier  of  the  States  to research  the  budget process  for  scrutiny  in Scotland, WalesandlocalgovernmentintheUnitedKingdom.

Code of conduct A3.  The Committee, with reference to its Act No. A4(b) of 30th July 2002, received a for Members. report,  dated  1st  August  2002,  prepared  by  the   Deputy  Greffier  of  the  States  in 1240/9/1(110) connexion with a draft of the Code of Conduct for States members prepared by the 792/4(20) Sub-Committee formed to take responsibility for this issue.

D.G.O.S. The Committee noted that the draft Code was based on the Nolan' principles which Ex.Off. had become accepted as the standards for holders of public office. It endorsed the

recommendation of the above Sub-Committee that details relating to the Register of Members interests, which would necessarily form an extensive document, should be published as a separate Guide. This would enable the Code of Conduct to remain a concise document with just a short reference to the requirement to comply with the relevant procedures.

The Committee considered the proposed Procedure for Complaints. It endorsed the view  that  States  members  should  regulate  themselves  through  a  Privileges  and Procedures  Sub-Committee  on  Standards  and  then  onward  to  the  Privileges  and Procedures Committee itself and the States would be the final arbiter. The Committee recognised that further consideration was required on procedures and the possible range of sanctions. It formed the view that an independent Chairman of the Sub- Committee should be appointed to avoid possible conflict situations which might arise between members being required to investigate allegations against their peers. The Committee requested the Deputy Greffier of the States to research arrangements in other jurisdictions.

The Committee agreed to seek the views of the Bailiff before publishing the draft Code for consultation with members. The Executive Officer was requested to write to the Bailiff 's Chief Officer to seek a meeting with the Bailiff to discuss this matter and to agree the best way forward.

The Committee thanked the Sub-Committee for its work in preparing the Draft Code of Conduct.

Accommo- A4.  The Committee discussed the question of disabled access to the States Chamber in dation, services the event of a candidate with a wheelchair successfully standing for election to the and facilities for States Assembly.

States members.

1060/5/1(18) The Committee was advised that the arrangements which were planned as part of the

refurbishment programme for the States building would enable a wheelchair-bound Ex.Off. member  to  access  the  Chamber  through  the  Royal  Court.  The  Committee  was

concerned that this might cause some difficulty on occasions when the Royal Court

might be in session at the same time as the States. The Committee requested the

Principal Legal Adviser to clarify the legal obligations for ensuring adequate access for

a disabled member to the States Chamber. The Committee also wished to be advised

about the provision of suitable toilet facilities.

The  Vice-President  was  requested  to  pursue  the  issue  as  part  of  her  work  on accommodation and facilities for members.

Remuneration A5.  The Committee, with reference to its Act No. A4(d) of 30th July 2002, considered and expenses an  amended  draft  report  on  remuneration  of  States  members  for  inclusion  in  the provision for Committee's first report to the States.

States members.

1240/3(64) The Committee gave further consideration to the question of expenses and confirmed its view that firm recommendations on this matter could not be made until the issue of

Ex.Off. facilities for members had been concluded. If improved facilities were available to members  certain  expenses  currently  privately  arranged  by  members,  such  as  the renting of office accommodation, might no longer be required. The Committee also confirmed its view that it would be inappropriate to establish a complex, bureaucratic system requiring members to account formally and fully for every item of expense. Again once improved facilities were in place it might be possible to restrict expenses' allowance to the level set by the Comptroller of Income Tax as deductible without a formal claim.

In addition, the Committee confirmed its view that it would be difficult to justify the expense  and  administration  required  to  set  up  a  dedicated  pension  scheme  for members. It was preferable for members to make their own personal pension provision and to set a level of basic salary which recognised that members would not have the benefit of the employer's contribution to their arrangements. The Committee endorsed the proposal that an appropriate benchmark would be the equivalent of Grade 11/3 on the  Civil  Service  pay  scale.  The  Executive  Officer  was  requested  to  provide information on the costs of implementing this proposal and a comparison with the current allowances and expenses provision available to members. The Vice President was requested to progress with the Finance and Economics Committee the issue of identifying the necessary source of funding for the proposed salaries for members.

The Committee noted that a finalised report would be circulated in due course.

Seminar for A6.  The Committee, with reference to its Act No. A10 of 30th July 2002, noted that, prospective owing to work being undertaken on the States Chamber, it would be impossible to hold election the  proposed  seminar  for  prospective  election  candidates  in  that  location.  An candidates. alternative  venue  had  been  arranged,  namely  the  offices  of  the  Superintendent

Registrar, for 19th September 2002, commencing at 4 p.m. Members of the Committee Ex.Off. agreed to make brief presentations on various aspects of the role and functions of

States members.

Draft States A7.  The Committee, with reference to its Act No. A6 of 30th July 2002, and with Reform: Miss P. Staley, Senior Assistant Law Draftsman, in attendance, considered the revised Reorganization of draft  States  Reform:  Reorganization  of  Committees  (Transitional  Arrangements) Committees (Jersey)  Act  200-, the  purpose  of  which  was  to  give  effect  to  the  transitional (Transitional departmental structure set out in Appendix 3 to P.70/2002 (Machinery of Government: Arrangements) Proposed Departmental Structure and Transitional Arrangements), as amended and (Jersey) Act 200-. adopted by the States on 24th July 2002.

1240/22/1(17)

The Committee was advised that the Chief Executive of the Policy and Resources Ex.Off. Committee had raised queries on the following matters in the above draft Act - D.G.O.S.

L.D. (a) p aragraphs 3(2) and 4(2) where reference was made to enactments of the A.G. United Kingdom Parliament extended to the Island by Orders in Council' - Pub.Ed. the Committee was advised that the wording was adequate to cover all States (2) other enactments relevant to the Island, for example, those made by the C.E., P&R European Union;

P.R.C.C.

P.R.E.O. (b) T elecommunications Board, which was not included in paragraph 2(2)

referring  to  the  amalgamation  of  Committees  into  the  Economic Development  Committee - the  Committee  was  advised  that  the Telecommunications  (Jersey)  Law  200- provided  for  the  transfer  of functions of the Telecommunications Board to the Economic Development Committee.  The  matter  of  property  rights  and  liability  was  dealt  with separately. The above draft Act was sufficient for its purpose.

The  Committee  approved  the  draft  States  Reform:  Reorganization  of  Committees (Transitional Arrangements)(Jersey) Act 200- accordingly and requested that it be lodged au Greffe' on 10th September 2002 for debate in the States. The Executive Officer was requested to notify the Policy and Resources Committee by letter of this intention.

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

Amendment A8.  The Committee, with reference to its Act No. A8 of 30th July 2002, and with (No.23) of the Miss P. Staley, Senior Assistant Law Draftsman, in attendance, considered the draft Standing Orders Amendment (No.23) of the Standing Orders of the States of Jersey.

of the States of

Jersey. The Committee recalled that it had agreed to abolish the distinction between Major and 1240/22/1(17) Minor Committees. In addition the amendment provided for the following matters, not

previously described in Standing Orders -

D.G.O.S.

Ex.Off. (a) B allot procedures for the election of Presidents;

Pub.Ed.

States (2) (b) R ight of a member of the States to attend, as an observer, a meeting of any

Committee of the States or its Sub-Committees. (The Committee recalled that this right had been agreed by the States in adopting paragraph (a) of P.53/1999 of Senator S. Syvret on 12th October 1999.)

The Committee proposed that a further change should be made, in respect of Standing Order 44 on the Register of Members' Business Interests, to take due account, where appropriate, of a member's partner.

The Committee further agreed, in respect of Standing Order 40, that the standard number of members in a Committee, in addition to the President, should be set at four, recognising that it was possible, under Article 28 of the States of Jersey Law, 1966, for a President to request the States to agree an exception to this standard for a Committee if deemed necessary.

It was noted that the Telecommunications Board would need to be added to the list of Committees in Article 1(2)(a) of the Amendment if the Board was still in existence on 12th December 2002.

The Committee agreed to lodge the draft Amendment (No.23) of the Standing Orders of  the  States  of  Jersey,  subject  to  the  above  revisions  and  the  preparation  of  an accompanying report, at the next available opportunity. The Greffier of the States was directed to take the necessary action.

States of Jersey A9.  The Committee, with reference to its Act No. A7 of 30th July 2002, and with (Declaration by Miss P. Staley, Senior Assistant Law Draftsman, in attendance, considered the draft Candidate) Order States of Jersey (Declaration by Candidate) Order 200-, the purpose of which was to 200-. specify the form and content of the declaration that a candidate for election as Senator 1240/1/2(27) or Deputy was required to make under Article 8(2) of the States of Jersey Law, 1966, 1240/1/7(1) as amended.

D.G.O.S. The Committee noted that the form made it clear that the declaration would be made Ex.Off. public at the nomination meeting.

States (2)

Pub.Ed. In addition, the Committee noted the guidance notes which had been prepared for

prospective candidates.

The Committee, in pursuance of Article 8(5) of the States of Jersey Law, 1966, as amended made the above Order which was to come into force seven days later.

The Greffier of the States was directed to make the necessary arrangements for the said Order to be laid before then States and the Executive Officer to arrange for appropriate distribution of the forms and guidance notes.

Policy and A10.  The Committee, with reference to its Act No. A9 of 30th July 2002, received a Resources paper prepared by the President in connexion with the proposals of the Policy and Committee: draft Resources Committee on the structure of the Executive.

report and

proposition on The Committee, having requested that the comments made on collective responsibility the Structure of in the above paper be strengthened in line with paragraph (b) of the aforementioned the Executive. Act, endorsed the above paper as a reflection of its discussions on the draft proposals 1240/22/1(18) of the Policy and Resources Committee and requested that a copy be sent to the

President of that Committee accordingly.

Ex.Off.

C.E., P&R The Greffier of the States was directed to send a copy of this Act to the Policy and P.R.C.C. Resources Committee.

P.R.E.O.

Meeting with A11.  The Committee, with reference to its Act No. A7(a) of 24th May 2002, noted Treasurer of correspondence, dated 18th July 2002, from the Treasurer of the States regarding the States: ability  of  States  members  to  bring  propositions  to  the  States  with  financial

1. private consequences.

members'

propositions with The Committee noted the flowchart attached to the above correspondence indicating financial the  current  and  proposed  procedures  for  approving  proposals  with  financial consequences; consequences. It recalled that the proposed procedures were designed to avoid the

2. responsi- situation whereby individual memberscouldbring forward propositions to commit the bilities for Public States  to spending  outside  the budget process. It  noted that,  under the  proposed Accounts procedures, an individual member would have up to three opportunities to have a Committee and spending proposalapproved,namely -

general Auditor.

1038(52) (a) m inor spending proposals could be agreed by Ministers;

1240/22/1(8)

2. t he individual  member would  have  the  right  to put major  spending

Ex.Off. proposals to the States in a proposition for approval in principle'; and

3. if the approved inprinciple' proposal was not considered a priority inthe States Business Plan by the CouncilofMinisters, the individual member could proposeanamendment to the Business Plan when it wasdebatedby the States.

The Committee requested the Executive Officer to obtain information on the budgetary process in the United Kingdom Parliament for the subsequent meeting.

The  Committee  further  noted  a  suggestion  from  the  Treasurer  of  the  States  that individual States members be allowed to bring one-off spending propositions to the States subject to a maximum of £50,000. The Committee, however, considered that the limit was set too low and suggested that £250,000 would be more appropriate.

On a related matter, the Committee, with reference to its Act No. A3 of 27th June 2002, noted further e-mail correspondence between the President and the Treasurer of the States in connexion with identifying responsibilities for the Public Accounts Committee and the General Auditor in the new States of Jersey and Public Finance Laws. The Committee agreed to meet with the Treasurer of the States to clarify this matter on 13th August 2002.