PPC Minutes 3rd June 2004

SAL/KAK/183 211

PRIVILEGES AND PROCEDURES COMMITTEE (11th Meeting)

3rd June 2004

PART A

All members were present, with the exception of Deputy J.A. Bernstein, from whom apologies had been received. Deputy P.N. Troy was absent for Items A1-A4.

Deputy R.G. Le Hérissier Senator P.V.F. Le Claire Connétable D.F. Gray Deputy P.N. Troy Deputy C.J. Scott - Warr en Deputy J-A. Bridge

In attendance -

M.N. de la Haye, Greffier of the States D. Woodside, Legal Advisor Miss S.A. Lewin, Committee Clerk

Note: The Minutes of this meeting comprise Part A and Part B.

Minutes. A1. The Minutes of the meeting held on the 23rd April 2004 (Part A only), having

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

Code of Conduct A2. The Committee, with reference to its Act No. A2 of 23rd April 2004, recalled for States that it had agreed to give further consideration to the Code of Conduct for States members, projet members as part of its review of Standing Orders following a meeting with Deputy and report M. F. Dubras. In this connexion, the Committee received a copy of the Report and content and Proposition  entitled Code  of  Conduct' (P32/2003),  lodged  au  Greffe  on  25th States debates - March 2003 by the Committee, as then constituted, and a transcript of the States Deputy M. debate of the said Report and Proposition.

Dubras.

1240/4(166) The Committee, with reference to its Act No. A7 of 13th May 2004 recalled that it

had agreed to establish a Working Party on the Code of Conduct chaired by Senator P.V.F. Le Claire with Deputy C.J. Scott Warr en as a member. In this regard, Senator  Le  Claire  advised  the  Committee  that  the  Working  Party  required additional time in which to conduct its deliberations. The Committee was apprised of the Working Party's efforts to date and noted the issues which required further consideration, including the complaints procedure and the declaration of financial interests.

Following  discussion,  the  Committee  agreed  to  defer  further  discussion pending a report from the said Working Party at its next meeting.

States members' A3. The Committee received a report, dated 3rd June 2004, from Mrs. S. Stoten, attendance at Executive Officer, concerning attendance at meetings of the States Assembly and, States meetings. specifically, members' failure to remain in the chamber wherein a quorum could 1240(155) not be achieved. In this connexion, the Committee noted a letter from the former

President of the House Committee, Deputy K.W. Syvret M.B.E, and recalled that this concern had previously been raised and considered by the Committee.

The Committee recalled that at the last sitting of the States a quorum had not been attained and the States had been suspended until the requisite number of members had been present. Accordingly, the Greffier informed the Committee that it was not uncommon for the Bailiff to be delayed in entering the House for this reason. The Committee was advised that, in accordance with the States of Jersey Law 1966, the Bailiff would no longer wait outside the Chamber at 2:30pm, as had been his custom, until the House was quorate but that he would adjourn the States for a short period of time so that a quorum of members could be found. With this regard, the Committee noted the following –

1. m  embers temporary absence from the Chamber was not addressed by Articles 18 or 19 of the States of Jersey Law 1966 and an amendment as part of the review of Standing Orders and the Code of Conduct for States Members might be required;
2. A  rticles 18 and 19 of the States of Jersey Law 1966 held members liable (by virtue of a £1 fine) for their failure to attend when this resulted in an inquorate House. The new States of Jersey Law did not contain any provision for penalties of this kind for the reason that it had been supposed that subsequent Standing Orders would address this matter;
3. the  Vice  President  had  suggested  using  the  new  electronic  voting system to analyse voting trends and attendance records;
4. t he Committee could make a statement at the next States sitting to encourage members to maintain a quorum in the Assembly and, in particular, to remind them of their obligations under the States of Jersey Law (1966) to attend meetings and to ensure a quorum was maintained at all times.

With reference to the aforesaid, the Committee decided that no action was required.

States of Jersey A4. The Committee, with reference to its Act No. A4 of 13th May 2004, recalled Law 200- : that it had decided that the States of Jersey Law 200- (SOJL) should be distributed Seminar. to all States members, Chief Officers and the media and that it had agreed to hold a 450/1(1) seminar  wherein  the  President  would  brief  members  on  the  Law  and  the

implications of the same.

The Committee decided that the proposed seminar should be held after the draft Law had been lodged at the end of June 2004 but that it should not be held during the lunchtime period.

On a related matter, the Committee noted that Senator P.V.F. Le Claire and Deputy P.N.   Troy , as the  newest members  of  the Committee, had not  been  party  to  the development of the Law and, as such, it was requested that the said members be provided with the draft Law, associated Minutes and the President's Brief. It was agreed that following receipt of the said, the members would have ten days in which  to  give  their  approval  or  otherwise.  If  any  matters  arose  from  these deliberations it was decided that a Committee meeting should be convened.

Public Accounts A5. The Committee received a report, dated 3rd June 2004, from Mrs S. Stoten, Committee: Executive Officer, with regard to a query from Deputy S.C. Ferguson, Shadow attendance Chairman, Public Accounts Committee (PAC), on the protocols for the PAC and, in protocols. particular, the matter of requisite attendance at its hearings and the difficulties it 502/1(11) was experiencing in maintaining a quorum at its meetings. In this connexion, the

Committee welcomed the Shadow Chairman and Mr. T. Dunningham, Chairman, to its meeting.

Members were informed that the Shadow PAC was only quorate if two States members were in attendance and in this connexion it was advised that the two Chairmen of the Shadow Scrutiny Panels were finding it difficult to attend all meetings  of  the  PAC  due  to  their  heavy  work  commitments.  The  Chairmen expressed concern that public hearings might have to be cancelled at short notice if two States members were not able to attend. Alternatively, concern was expressed that it would be necessary for both Deputy Ferguson and Deputy Reed to attend every meeting to ensure that the PAC was quorate. Accordingly, the Chairmen proposed that two additional members of the States be appointed to serve on the PAC.

The Committee expressed concern with the proposal to appoint additional members as it believed that, when the States appointed Senator E.P. Vibert and Deputy Dorey as Chairmen of the Shadow Scrutiny Panels, members hoped that they would be able  to  devote  sufficient  time  to  their  work  on  scrutiny  and  the  PAC  and,  if necessary, divest themselves of some of their other responsibilities. Nevertheless, the Committee accepted the concern of the Chairmen, particularly with regard to the potential embarrassment of having to cancel public hearings and accordingly it agreed that it would propose that two additional members of the States be appointed to serve on the shadow PAC during the transitional period.

The  Greffier  of  the  States  was  requested  to  take  the  necessary  action  to prepare  and  for  the  Committee's  approval  a  report  and  proposition recommending the said revision to the membership of the shadow PAC.

On a related matter, the Shadow Chairman requested clarification on the issue of required attendance at hearings. The Committee confirmed that States business should take precedence over the PAC but it agreed that further discussion was required  to  clarify  whether  the  PAC  would  take  precedence  over  Committee business. Following consideration it was agreed that Deputy Bridge would raise the matter at a meeting with Mr. W.D. Ogley on 14th June. It was further determined that the Greffier of the States would prepare a report for the consideration  of  the  Committee  Presidents  at  their  next  meeting  and  the Corporate Management Board.

The Chairman extended an invitation to the Committee to attend any of its meetings (including preparation meetings wherein a quorum was not required) and in this respect the Chairman resolved to send all members a revised meeting list.

Freedom of A6. The Committee, with reference to the Minutes of the Freedom of Information Information Working Party, dated 26th April 2004, received an oral report from the Vice- Working Party: President with regard to the same.

update.

955(30) Mr D. Woodside, Legal Advisor, informed the Committee of the latest deliberations

of the Working Party and in particular, the structure and form this legislation might take. The Committee was advised that Deputy Bridge and the Deputy Greffier of the States were to meet with Mr. W. Ogley, Chief Executive, Policy and Resources Department to discuss the potential Freedom of Information Legislation and how it could be integrated into the five year visioning process. Deputy Bridge informed the  Committee  that  the  Attorney  General  had  requested  that  a  clear  case  be presented to support the requirement for new legislation and in this connexion, she requested that the Committee provide further executive assistance to support the research process.

Following  consideration,  the  Committee  was  minded  to  provide  additional resources. It was agreed that a comprehensive brief should be prepared to address the Attorney General's comments.

The Greffier of the States was requested to take the necessary action to secure the additional resource, with the terms of reference to be agreed with Deputy

Bridge.

Data Protection: A7. The  Committee,  with  Miss  E.  Martin,  Data  Protection  Registrar,  in briefing. attendance, considered whether, in light of recent actions in the States, members 939/1)61) would benefit from a briefing on data protection and the Data Protection (Jersey)

Law 1987. In this connexion, the Committee received a paper providing compliance advice with regard to the new Law.

The Committee noted the aforesaid guidelines which had been distributed to all States members in 1992 in conjunction with the Committee. The Data Protection Registrar  informed  the  Committee  that  following  the  breach  of  confidential information on the Trinity Landfill Site a proactive approach should be taken to ensure that members were aware of their legal obligations. It was advised that the guidelines would require updating to include information on members privilege and limitations on the distribution of information for Committee purposes but that it may  be  of  benefit  to  members  if  the  said  information  was  reissued.  In  this connexion  it  was  noted  that  the  Code  of  Conduct  should  be  clearer  on  data protection issues.

Following  consideration  it  was  agreed  that  the  Data  Protection  Registrar should run a series of seminars for States members on the Data Protection Law and that a revised guidance note should be reissued to all members. Further, it was decided that Senator P.V.F. Le Claire and Deputy C.J. Scott Warr en should liaise with the Data Protection Registrar to identify if any amendment was required to the Code of Conduct in this regard.

B. Cooper A8. The  Committee  received  correspondence,  dated  21st  May  2004,  and associated reports from Mr. B.R. Cooper regarding a draft proposition sent to the Greffier of the States on behalf of the said individual and further matters of dispute.

The Committee considered the correspondence and agreed that this matter did not fall within the remit of the Committee and that no further action could be taken.

Tripartite A9. The Committee noted that a meeting with the Policy and Resources and Meeting: Policy Finance  and  Economics  Committees  was  to  be  held  in  the  near  future. and Resources Accordingly, the Committee requested the Greffier of the States to provide and Finance and Mr.  J.   Harris ,  Business  Manager,  Policy  and  Resources  Committee  with Economics convenient dates on which to hold the said meeting.

Committees.

Meeting dates A10.  The Committee confirmed the date of its next meeting to be 24th June 2004.

In view of the workload, the President requested that the meeting time be extended to 2 p.m..

Matters for A11. The Committee noted the following matters for information – information

1. A  ct No. A8, dated 13th May 2004, of the Finance and Economics Committee regarding the Annual Business Plan and Budget and future Scrutiny arrangements;
2. Act  No.  A9,  dated  6th  May  2004,  of  the  Policy  and  Resources Committee regarding guidelines for officers attending Scrutiny Panels;
3. Act  No.  A6,  dated  20th  May  2004,  of  the  Policy  and  Resources Committee regarding a consultation report proposing improvement to the Administrative Appeals System;
4. Act  No.  A7,  dated  20th  May  2004,  of  the  Policy  and  Resources

Committee regarding the Code of Practice and access to official information:

measures to improve implementation;

5. t he Jersey Youth Service would be displaying some of its work in the Members Room on Tuesday 8th June 2004; and
6. the Jersey Law Review would be holding a conference on 2nd July 2004 in London. The Committee agreed that it would provide £250.00 towards costs for any member that wished to attend.