PPC Minutes 11th January 2006

PM/KAK/17.06  3

PRIVILEGES AND PROCEDURES COMMITTEE (2nd Meeting)

11th January 2006

PART A

All members were present.

Connétable D.F. Gray of St. Clement - Chairman Senator S. Syvret

Senator M.E. Vibert

Connétable K.A. Le Brun of St. Mary

Deputy G.C.L. Baudains

Deputy C.H. Egre

Deputy J. Gallichan

In attendance -

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

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

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

Minutes. A1.  The Minutes of the meeting held on 19th December 2005 (Part A only), having

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

Matters arising - A2.  The Committee, with reference to its Minute No.  A4 of 19th December 2005, future work recalled that, whereas it had agreed that Senator S. Syvret be appointed to deal with programme. the Freedom of Information legislation, it had also been agreed that the Senator 465/1(69) should be responsible for investigating Election Expenses.

This was confirmed.

Draft Public A3.  The  Committee  considered  the  draft  Public  Elections  (Jersey)  Law  2002 Elections (Jersey) (Appointed Day) (No.  2) Act 200- and draft Public Elections (Amendment) (Jersey) Law 2002 Regulations 200-, together with Explanatory Notes and explanatory reports. (Appointed Day)

(No.  2) Act 200- The Committee noted that the Appointed Day Act would bring certain provisions of and draft Public Articles  6 and 7 of the Public Elections (Jersey) Law 2002 into force on 21st March Elections 2006, relating to the setting out in electoral registers and the annual statements to be (Amendment) sent out to each dwelling as part of the process of updating the registers. The Act (Jersey) would also bring into force Article  7(1)(b) of the Law on 1st January 2007 (in time Regulations 200-. for  the  sending  out  of  the  annual  statements  for  the  year  2007),  which  Article 424(1) required the annual statements to recite the names that already appeared in respect of 424/1(1) each dwelling on the register currently in force.

The Committee further noted that the object of the Regulations was to prescribe the form of annual statement to be sent out to households by Connetables under Article  7 (1) of the Law when they gathered the information to be included or updated in the electoral registers for their parishes.

The Committee was informed that the Comité des Connetables had, on 9th January 2006, agreed the draft legislation; and that in terms of workload, the parishes wished to send the forms out towards the end of March 2006, which was why the legislation was to be brought into force on 21st March, following what was hoped would be their adoption by the States on 14th March 2006.

The  Committee,  having  noted  that  neither  projet  would  have  financial  or manpower  implications  for  the  States,  accordingly  approved  the  draft legislation, Explanatory Notes and explanatory reports, decided to lodge them au  Greffe' on  12th  January  2006  and  requested  that  they  be  taken  into consideration by the States on 14th March 2006.

Deputy J. Gallichan of St. Mary was appointed as rapporteur.

"Senators and A4.  The Committee considered a report and proposition entitled "Senators and Deputies: Terms Deputies:  Terms  of  Office" (P.227/2004 - lodged au  Greffe' by   Deputy  A. of Breckon on 14th December 2004).

Office" (P.227/2004) -

Deputy A, The Committee was advised by the Chairman that Deputy Breckon had indicated Breckon. that he was giving consideration either to withdrawing the projet or else seeking a 422/2(23) date for debate some 6 months hence.

In any event, the Committee agreed that it would wish to consider the timing of public elections and the length of office of States members; and that this should initially be on the basis of a paper which took account of the views of all members of the Committee, with the matter being referred to a Sub-Committee thereafter.

Members were asked to submit their contributions to the Greffier of the States by no later than 25th January 2006, on the basis that the issues involved would be considered at its March meeting.

Appointment A5.  The Committee, with reference to its Minute No.  A4 of 19th December 2005, process for considered a report prepared by the Greffier of the States concerning the proposed Ministers, etc: review of the appointment process for Ministers, and Chairmen of Committees, etc. review -

questionnaire. The Committee gave consideration to the draft of a questionnaire which would be 465/1(69) sent to all States members to ask for their feedback before the Committee undertook

its review to see if changes should be proposed for the future and, having amended it in  a  number  of  respects, agreed  that  it  should  be  distributed  electronically forthwith.

The Committee decided that responses would be requested to be provided by 25th January 2006, on the basis that it would wish to consider the matter at its March meeting.

Electoral A6.  The Committee, with reference to its Minute No. A4 of 19th December 2005, expenses: recalled that it had agreed that it would like to investigate postal voting and the questionnaire. limitation of electoral expenses.

424/2(22)

The Committee agreed that it would be minded to send a questionnaire to all States members to ask for their feedback as to the total amount each member had spent on their  respective  election  campaigns,  as  well  as  a  breakdown  by  category  of expenditure - together with an indication of any assistance in kind' (as opposed to any financial support) which might have been received. It was to be emphasised that the information to be provided would not be reported to the States, but rather would inform the Committee's consideration of the matter to enable it to ensure a level playing field' for all future candidates and to provide transparency for voters.

The Deputy Greffier of the States undertook to circulate a draft questionnaire to members of the Committee.

Deputy  C.H.  Egre  undertook  to  discuss  with  the  Data  Protection  Registrar potential data protection considerations, and it was agreed that it would be desirable for the Data Protection Registrar to attend upon the Committee at its March meeting.

Draft A7.  The  Committee  considered  the  draft  Administrative  Decision  (Review) Administrative (Amendment  No.  2)  (Jersey)  Law  200- (P.195/2005 - lodged au  Greffe' by  the Decisions Committee on 13th September 2005), together with an Amendment which was being (Review) proposed by Deputy F.J. Hill of St. Martin.

(Amendment

No.  2) (Jersey) The Committee welcome the Deputy of St. Martin to the meeting and discussed with Law 200- him the Committee's projet and his Amendment thereto. The Deputy outlined his (P.195/2005) and amendments, as follows -

Amendment of

Deputy F.J. Hill 1. T o allow for the complainant to request either of the Deputy Chairmen of St. Martin. of the Administrative Appeals Panel to review the Chairman's decision 1386/4(16) that the circumstances did not justify review by a Board;

2. T  o provide for the Administrative Appeals Board toissue procedural rules on the manner and timescale in which the parties should submit documentation to the Board andthemannerinwhichhearingswouldbe conducted, andto place anonuson the Greffierofthe States to ensure that all parties to the complaintweremadeaware of the rules;
3. T o allow for the Board toreconveneand address issues surrounding new evidence or information whichcame to light after the Board has released its findings, on the basis that the complainant would be required to request such reconvening within one month of the information being provided

The Committee, having decided that the abovementioned amendments appeared to be reasonable, agreed that it was prepared to accept them, subject to final scrutiny by the Greffier of the States in conjunction with the Law Draftsman. The Committee noted that the Deputy proposed to lodge his Amendments au Greffe' in due course.

The Committee further agreed that it would be desirable for the reconstituted Committee to meet the Chairman and members of the Administrative Appeals Panel in the near future.

"Freedom of Information:

proposed

legislation" (P.72/2005) and "Code of

Practice on

Public Access to Official

Information:

measures to

A8.  The Committee recalled that a copy of "Freedom of Information: proposed legislation" (P.72/2005)  and "Code  of  Practice  on  Public  Access  to  Official Information:  measures  to  improve  implementation" (P.80/2005)  had  been circulated to members.

The Committee  further recalled that it had  agreed that Senator S. Syvret be appointed to deal with the Freedom of Information legislation, and the Senator undertook  to  provide  Committee  members  with  a  copy  of  such  relevant correspondence as he had received to date. It was noted that the draft Freedom of Information (Jersey) Law 200- had not yet been sent out for consultation and that

improve submissions on the Law would be invited in due course.

implement-

ation" (P.80/2005). The  Committee  decided  that  its  February  meeting  would  be  primarily 955(37) devoted to the subject of Freedom of Information and that a transcript of the 955(32) States debate on P.72/2005 (held on 6th July 2005) should be included on the

agenda  for  that  meeting.  In  addition,  the  Assistant  Law  Draftsman responsible for the draft Freedom of Information Law would also be invited to attend upon the Committee.

The Committee agreed that it would wish to aim to lodge au Greffe' (and, if possible, debate) the draft Law prior to the Summer recess (18th July 2006).

Freedom of A9.  The Committee, with reference to its Minute No.  A8 of this meeting, noted Information: correspondence between the Director General, Jersey Financial Services Commission proposed and the former Deputy J-A. Bridge and Senator P.F.C. Ozouf concerning aspects of legislation - the future Freedom of Information Law.

Jersey Financial

Services The Committee recognised that the Commission had expressed the hope that - Commission.

670/1(1) (a)  i t would be provided with sufficient time to prepare for the Freedom of

Information Law (it was noted that the Commission was not presently subject  to  the  Code  of  Practice  on  Public  Access  to  Official Information);

2. e xemptions from the Freedomof Information Law would balance the need  for  public access  to  information  and  proper regard  for the legitimate  expectation  that  information  collected  under regulatory legislation wouldbekeptconfidentialand outside the public domain; and
3. f ull regard would be had by the States for the additionalresourcing that was likely tobe required at the Commission basedon the experienceof the FinancialServicesAuthorityunder the Freedomof Information Act.

States roll call: A10.  The Committee noted correspondence from Deputy P.N. Troy concerning the Deputy P.N. States roll call, wherein he expressed concern at the present position whereby a Troy . member could be marked as absent de l'Ile' on States business whilst others might 1240/9/1(132) be marked as being en défaut' if they were out of the Island for other reasons (such

as medical appointments or in other private or personal circumstances).

The Committee recognised that Standing Order 52(2) provided that if an elected member was absent from Jersey on States' business or unable, through illness, to attend the States meeting -

1. a nyotherelectedmember might, when the absentmember's name was called, declare the reason for his or her absence;and
2. the  Greffier should record  the absence and the reason  for  it  in the minutes.

Standing Order 52(3) provided that if an elected member was absent for any other reason -

1. a ny other elected membermight,when the absentmember'snameis called, declare the reason for hisorher absence and ask the States to agree that the reason for the absence is such that the absent member

might be excused; and

2. i f the States agree, the Greffiershould record the absence and that the member if excused.

Standing Order 53(4) provided that if an elected member was not present when his or her name was called and he or she had not been declared absent on States' business or unable, through illness, to attend, or excused, the Greffier should record in the minutes that the member is en défaut.'

The  Committee  agreed  that  the  present  arrangements  appeared  to  be satisfactory  and  that  members' attention  should  be  drawn  to  the  relevant Standing Orders, including Standing Order 54(1), which provided that if an elected  member recorded  in the  minutes as absent  or  excused  subsequently entered the Chamber, the Greffier should record in the minutes the time at which he or she becomes aware of, or his or her attention was drawn to, the member's arrival; and Standing Order 54(2) and (3), which provided for the defaut' on an elected member to be raised following a proposal by another member.

The Greffier of the States was requested to respond to Deputy Troy accordingly.

Code of Conduct A11.  The Committee considered a draft leaflet setting out the procedure that should for Elected be followed if it were to be considered that a States member might have breached the Members of the Code of Conduct for Elected Members of the States.

States:

explanatory Having  considered  whether  Item  No.  6  in  the  Code  ("Public  comments  etc. leaflet. regarding a States' employee or officer") might need to revisited in the event 1240/9/1(110) that it were to be determined that it was non-compliant with the Human Rights

(Jersey) Law 2000, the Committee approved the leaflet and asked that it be produced and a copy sent to all States members.

List of A12.  The Committee noted a list of documents which had been provided to members documents: of the Committee to provide background material for their information.

background

information.

"The Role of the A13.  The Committee noted a report, dated January 2006, which had been prepared Electoral Register by the Data Protection Commissioner entitled "The Role of the Electoral Register in in Decision Decision Processing."

Processing": Data

Protection The Committee agreed that the document should be discussed with the Data Commissioner. Protection Commissioner at its March meeting.

424/2(34)

States Building A14.  The  Committee  considered  a  proposal  from  a  Blue  Badge  guide  for  the (Royal Court and organisation of guided tours of the States Building on a regular basis.

States Chamber):

proposal for The Committee recognised that an approach had been received by the Bailiff 's Chief guided tours. Officer and the Greffier of the States and, although the matter was not one solely for 1060/5(239) the Committee to determine, it was considered that it would be helpful to have the

Committee's views on the proposal.

Having noted that the main historical interest lay in the Royal Court and States Chamber, including the Bailiff 's mace, the Committee recognised that access to the mace would be entirely at the discretion of the Bailiff . It was considered that it might not be appropriate to grant access to certain working areas of the building, although this was a matter for discussion with the Bailiff 's Chief Officer and the Greffier.

It was considered that the possibility that the Committee might itself wish to open the States Building to the public on 3 or 4 occasions a year and that visitors might be conducted by States members should be further investigated.

The Committee accordingly agreed in principle that the States Chamber and the other historical elements of the States Building should be opened up to regular tours under the auspices of the Blue Badge Scheme, subject to further discussion between the Bailiff 's Chief Officer and the Greffier of the States.

Matters for A15. The Committee noted the following matters for information - information.

1. t he Chairman, having recalled that Article 3 of the States of Jersey Law 2005 provided that if both the Bailiff and Deputy Bailiff were "unable to preside at a meetingof the States, the Bailiff shall choose an elected member,the Greffier ofthe States or the Deputy Greffier of the States to preside at the meeting", suggested that it might be appropriate for a States member,rather than the Greffieror Deputy Greffier, topreside; and that such members might benefit from relevant training. The Committee suggested that it would be most appropriate for the Chairman or the Deputy Chairman of the Privileges and Procedures Committee to preside in the absence of the Bailiff or Deputy Bailiff ;
2. t heChairman raised a number of matters in connection with the Bailiff 's mace,including the difficulty whichsometimes arose whenmembers were obscured from the Bailiff 's vision andwereunable to attract his attention during the proceedings.Itwas considered that this problem might relatively easily be overcome if the mace were to be laid horizontally, rather than vertically as atpresent;
3. t he Chairman reported that an "All Party Group on the ChannelIslands" was tobe established atWestminster. It was agreed that it would be appropriate for this matter to be handled by the Privileges and Procedures Committee rather than the Councilof Ministers, in view of the former's parliamentary role.TheCommitteeagreed that this matter should beincludedon the agenda for its Februarymeeting;
4. t heChairmanreported that it had been agreed with the Chief Minister's Department that political responsibility for the British-Irish Inter- Parliamentary Body (BIIPB) should rest with the Privileges and Procedures Committee.TheCommitteeagreed that this mattershouldbe included on the agendafor its February meeting;
5. the Committee confirmed that its next meeting would be held on Wednesday, 8th February 2006, commencing at 9.30 a.m. in the Le Capelain Room, States Building, Royal Square, St. Helier .