PPC Minutes 21st May 2003

PM/KAK/147.03  68

PRIVILEGES AND PROCEDURES COMMITTEE (13th Meeting)

21st May 2003

PART A

All members were present.

Senator C.G.P. Lakeman Connétable D.F. Gray Deputy F.J. Hill, B.E.M. Deputy C.J. Scott - Warr en Deputy R.G. Le Hérissier Deputy J-A. Bridge Deputy J.A. Bernstein

In attendance -

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

Mrs. A.H. Harris , Deputy Greffier of the States P. Byrne, Executive Officer P. Monamy, Senior Committee Clerk.

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

Executive A1.  The Committee received an oral report from the Deputy Greffier of the States Officer: regarding the recruitment process currently ongoing for the post of Executive Officer, recruitment. Privileges and Procedures Committee, to replace the present postholder when he 465/3(1) departed on 4th July 2003.

Ex.Off. The Committee noted that, of the four applications which had been received, only

two of the applicants could be released on secondment. In view of the high quality of both  of  these  applicants,  the  Committee  agreed  that  it  would  be  appropriate  to restructure the Committee's office and appoint both of them as Executive Officers, given  that  the  previous  role  of  Administrator  was  no  longer  appropriate  to  the Committee's needs.

The  Committee  accordingly  approved  the  appointment  of  Mrs.  Janet  Marshall (presently Value for Money Auditor, Audit and Risk Management Division) and Miss  Fiona  Agnes  (presently  Trainee  Valuer/Estates  Surveyor,  Department  of Property Services), both with effect from 30th June 2003. The Deputy Greffier of the States was requested to take the necessary action.

Having  heard  from  the  President  regarding  the  possible  creation  of "Student Internships" as a research resource for the Committee, the Committee noted that the Deputy Greffier of the States would investigate the matter further in consultation with the President with a view to a report being presented to the Committee in due course.

Matters for A2.  The Committee noted the following matters for information - information.

Ex.Off. (a)  c orrespondence which had passed between the President and Deputy T.J.

Le Main and the Greffier of the States regarding the complaint against the Deputy , in his capacity as President of the Housing Committee, about his actions at a hearing of the Board of Administrative Appeal on 26th March 2002. The Committee, whilst noting that Deputy Le Main had  been  absent  from  the  Island  on  States' business,  nevertheless considered  that  the  matters  which  had  been  raised  in  its  Sub- Committee's report and in the previous correspondence were relatively straight forward and that it was in the interest of all parties and for the credibility of the States  for the matter to be resolved  expeditiously. Accordingly, the President was directed to inform Deputy Le Main that his comments in respect of the report were required by the end of May 2003 (as previously indicated). Once those comments were to hand, the Committee agreed that it should be informed of the Deputy 's response and, subject to what that response might be, it was further agreed in principle that the report of the Committee should be presented to the States for their information;

2. a n Act, dated 13th May 2003, had been received from the Policy and ResourcesCommittee concerning a reportby the I.T. Director in relation to the policy for the useof electronic mail(e-mail) by States members. The  Committee, having noted the conclusion  reached by the report, recognised that itwas considered that there had been a minor breachof the policy on incidental use ofe-mail involved in the e-mail containing a joke which had been sent by Deputy P.N. Troy . Havingnoted that the Policy andResources Committee hadagreed that theComputerServices Department should progress the  implementation of an  appropriate mechanism by which States members might be informed of relevant changes  to the  systems  use and information  security policies,  the Committee concluded that no action was need on its part and that the matter was now considered tobe closed. [The President withdrew from the meeting during consideration of this item];
3. t he President had received an informal complaint(by telephone) against Deputy T.J.LeMain in respect ofan alleged breachof the Island's Data Protection legislation. In addition, ananonymouscomplainthadbeen received against another memberbut this was to bedisregarded as it was unable  to be investigated  and  the  Committee  was as a  matter  of principle, not willing to entertain anonymouscomplaints;
4. a complainthad been received via the Deputy Bailiff against SenatorL. Norman in respect of alleged electioneering' on behalf of Mr. A.J. Layzell during his recentcampaign for theSenatorialby-election.

Scrutiny - draft A3.  The Committee, with reference to its Act No.  A2 of 12th May 2003, gave report. further consideration to a draft report regarding the proposed Scrutiny function within 502/1(6) the new machinery of government.

Ex.Off. The Committee, in particular, considered members' views on the Call-In' procedure,

having noted the subsequent written comments of H.M.  Attorney General following his discussion with the Committee on 12th May 2003. The differences between local authorities and Sovereign Assemblies were noted, with recognition being given to the range of issues with which the Island had to contend. It was suggested that, as Jersey was not coming from a party' system, it could be considered that Call-In' would provide members with additional powers they would not otherwise have. However, it was  considered  that  such powers' would  be  illusory  as  decisions  could  not  be changed through Call-In', but merely delayed for reconsideration. It could be that some decisions might be altered following their being Called-In', but this by no means certain and, in effect, the likely outcome was that much work would be created in delaying the implementation of a decision, only for that decision to be implemented at a later stage, with potential cost and resource implications.

The  Committee  considered  that  it  would  be  preferable  for  the  initial  scrutiny arrangements to exclude Call-In', on the basis that, following the experience gained during  the  first  year  or  so  of  the  new  ministerial  system,  a  review  could  be undertaken (perhaps by the Chairman of the Scrutiny Panels) in order to determine whether Call-In' should  be  added  at  a  later  stage.  It  was  suggested  that  an appropriately  sophisticated  computerised  information  system  might  in  any  event obviate the need for Call-In', as the relevant details of decisions arrived at by the Executive could be easily accessed by those involved in the scrutiny role.

The Committee decided, therefore, not to include Call-In' in its recommendations to the States, recognising that it would be open to any member of the States to propose an amendment to the Committee's proposition, as well as to the subsequent draft provisions to be considered for the revised States of Jersey Law and/or the associated Standing Orders. Deputy R.G. Le Hérissier asked that his dissent from this decision be recorded. The Committee agreed that all members of the States would need to be provided  with  adequate  information  to  assist  in  their  understanding  of  the Committee's decision.

The Committee, having placed on record its appreciation of all the work which had been undertaken by Deputy Le Hérissier on the Committee's behalf, invited him to act as its rapporteur for this matter in the States.

The Committee agreed that it accepted the Attorney General's comments on the legislative process, and also that it would not wish to pursue proposals that non- elected  members  co-opted  onto  Scrutiny  Panels  should  not  have  a  vote  for  the purposes of any decision taken by such a Panel.

The Committee agreed that it would be desirable for discussions to be held with the Treasurer of the States regarding budgetary process and resourcing, and it was agreed that its next meeting should be held on Friday, 30th May 2003, commencing at 9.30 a.m. The Executive Officer was directed to take the necessary action.

Joint Steering A4.  The Committee noted a letter, dated 14th May 2003, from the President of the Group: proposals. Policy and Resources Committee inviting the Committee to his Committee's meeting 465/1(42) scheduled for 29th May 2003. for discussion of progress generally on Machinery of

Government Reform matters and, in particular, to consider the merits of establishing Ex.Off. a  joint  Steering  Group,  comprising  the  Policy  and  Resources,  Privileges  and C.E., P&R Procedures  and  Finance  and  Economics  Committees,  and  the  potential  terms  of P.R.E.O. reference for such a Group.

P.R.C.C.

T.O.S.

C.I.Aud. The Committee, having agreed that there might be merit in representatives of the F.E.C.C. three Committees meeting together for discussion of such matters, considered that

this would be best accomplished through a meeting of the Presidents of the three Committees, together with relevant officers.

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