PPC Minutes 9th December 2002

MH/PH/346 94

PRIVILEGES AND PROCEDURES COMMITTEE (21st Meeting)

9th December 2002

PART A

All members were present. In attendance -

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

Mrs A. Harris , Deputy Greffier of the States P. Byrne, Executive Officer S. Drew, Assistant Legal Adviser

M.  Entwistle,  Principal  Legal  Instruction  Officer,  Machinery  of Government Reforms M.P. Haden, Committee Clerk.

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

Minutes. A1.  The  Minutes  of  the  Meeting  held  on  29th  November  2002,  having  been

previously circulated, were taken as read and were confirmed.

States members' A2.  The Committee, with reference to its Act No. A7 of  29th November 2002, remuneration - received a draft report and proposition requesting the States to agree to replace the report and current arrangements regarding the provision of a means tested income and expenses proposition. allowance to elected members of the States with a new remuneration scheme available 1240/3(68) to all elected members.

Ex.Off. The Committee recalled that the Bailiff had expressed concern that the Committee's Pub.Ed. proposals  were  in  effect  making  fundamental  changes  to  the  traditional  honorary States (2) system and  thus had an  important  bearing on the  constitution of  the States. The

Committee agreed that, while it was prepared to listen to the views of the Bailiff in this respect,  it  would  proceed  with  lodging  the  above  report  and  proposition.  It  was mindful that it had consulted widely on the issue and believed that its proposals were modest and reasonable. They were designed to bring the position in Jersey into line with all modern jurisdictions. The Committee had found no other example of a modern jurisdiction which applied a means test to remuneration for elected members. The Committee  did  not  consider  that  it  was  unduly  tying  the  hands  of  any  future Committee in lodging its proposals at this time. Rather it felt that it was justified in bringing forward proposals based on long-term consideration of the issues.

The President undertook to write to the Bailiff to explain the Committee's position.

The Committee approved the above report and proposition and requested that it be lodged au Greffe' on 10th December 2002 to consideration by the States at a suitable date in 2003.

Drafting new A3.  The Committee, with reference to its Act No. A10 (d) of the 6th November 2002, States of Jersey received a progress report from Mr. M. Entwhistle, Principal Legal Instruction Officer, Law and Machinery of Government Reforms, regarding the drafting of the new States of Jersey Standing orders Law and Standing Orders of the States of Jersey.

of the States of

Jersey - progress The Committee was advised that, now that the States had made fundamental decisions report. on the substantive issues relating to the new machinery of government, it was possible

450/1(1) to put forward outline drafting instructions for the States to consider. However, there

remained currently two important areas of uncertainty, namely the outcome of the Ex.Off. recommendations of the Special Committee on the Composition and Election of the

States Assembly and final proposals for the structure of the scrutiny function following

the Committee's consultation exercise on its First Report. The Committee noted that

the former issue would shortly be debated by the States and agreed to progress the

latter issue early in 2003 by means of a seminar for States members.

The Committee agreed that, as the main elements of the new Law had already received extensive debates in the States, a further consultation paper on the new States of Jersey Law was unnecessary at this stage. It would be appropriate to have an in principle' debate on the outline draft instructions with further detailed scrutiny once the Law was presented to the States.

The Committee noted that there were three issues in the new Law which required further consideration, namely the call-in' mechanism, data protection and the powers of Scrutiny Panels. The Assistant Legal Adviser advised that the research he had carried out on the first two issues was currently being considered by H.M. Attorney General. He was requested to advise H.M. Attorney General that his advice on these matters was urgently required by the Committee.

With regard to the call-in' mechanism, the Committee agreed that some form of guidelines was necessary to prevent Scrutiny Panel being overloaded with relatively trivial  matters.  Experience  elsewhere  suggested  that  Scrutiny  Panels  were  more effective when they focussed on a small number of substantial issues rather than being swamped by too many minor concerns. A materiality test, for example, might be applied which might rule out issues under, say, £250,000 in value. However, it was also important to accept that initial boundaries should not be drawn too tightly. Again, experience in other jurisdictions appeared to indicate that it was natural for an influx of issues  to  be  brought  forward  for  Scrutiny  in  the  early  stages.  However,  matters generally settled down within a short period of time as members began to learn how to use the Scrutiny function more effectively. It was also recognised that some ostensibly minor issues might have much wider strategic implications. An example given in this respect was the issue of agricultural sheds in the context of a declining agricultural industry.

The Committee, with reference to its Act No. A8(a)(iv) of 29th November 2002 recalled it discussion with Senator S. Syvret on the question of powers of Scrutiny Panels. The President undertook to liaise with Deputy R.G. Le Hérissier, the Greffier of the States and the Principal Legal Instruction Officer in preparing a paper on the powers of Scrutiny Panels.

The Principal Legal Instruction Officer was requested to prepare a draft timetable for presenting and debating in the States the draft outline proposals for the States of Jersey Law and Standing Orders of the States.

Matters for A4. The Committee requested the Executive Officer

information.

1. to cl  arify with the Public Services Committee the latest position with regard

Ex.Off. to the completion of Phase II of the States Building refurbishment project;

2. to  prepare an information pack relating to current progress on issues in its Second Report to the States for the benefit of any new Committee members in the new States Assembly.

Election of A5.  The Committee, with reference to its Act No. A1 of 15th November 2002, noted Committee that its report and proposition on the Election of Committee Presidents (P.215/2002) Presidents - was to be debated in the States on 10th December 2002.

report and

proposition The Committee noted that certain criticism of the Committee's proposals had been (P.215/2002). voiced in respect of the possibility of the question time being taken up by planted 1240/22/1(30) questions or over-long answers from the candidates. The Committee was advised that

the Bailiff was prepared to intervene in order to ensure that the question period was used openly and fairly.

Appreciation. A6.  The President expressed his appreciation for the contribution to the work of the

Committee made by both Senator C. Stein and Deputy H.H. Baudains, who were about to retire from the States at the end of the current session. He also thanked the officers for their support of the Committee's work.