PPC Minutes 8th February 2006

PH/KAK/46  10

PRIVILEGES AND PROCEDURES COMMITTEE (3rd Meeting)

8th February 2006

PART A

All members were present, with the exception of Deputy J. Gallichan, from whom apologies had been received.

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. Egré

In attendance -

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

Miss P. Horton, Clerk to the Privileges and Procedures Committee Note: The Minutes of this meeting comprise Part A and Part B.

Minutes. A1.  The Minutes of the meeting held on 11th January 2006, Parts A and B, having

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

Matters arising. A2.  The Committee noted the following matters arising from its previous Minutes -

1. A ct No. A6 of 11th January 2006 - Electoral expenses: questionnaire

- Deputy C.H. Egre advised the Committee that he had met with the Data Protection Commissioner to discuss the registration fee candidates are required to pay before they can obtain the electoral register. The Committee agreed that the Data Protection Commissioner should be invited to attend the next meeting on 8th March 2006 to discuss this matter and also her report entitled "The Role of the Electoral Register in Decision Processing";

2. A ct No. A10 of 11th January 2006 - States roll call: Deputy P.N. Troy - the Committeenoted that Deputy Troy had been advised that the current  arrangements in  Standing  Orders for elected members not present for the States roll callwereconsideredto be satisfactory;
3. A ct No. A11 of 11th January 2006 - Code of Conduct for Elected Members  of  the  States:  explanatory  leaflet - the  Committee was advised that a copy of the leaflet would besent to all States members;
4. A ct No. A14 of 11th January 2006 - States Building (Royal Court and states Chamber): proposal for guided tours - the Committeewas advised  that  the   Bailiff 's Chief Officer would be meeting  with  Mr. Nicolle on 10th February 2006 to discuss this matter;

5. A ct No. A15(b) of 11th January 2006 - Bailiff 's mace - the Chairman advised the Committee that he had metwiththe Bailiff to discuss the concerns expressed  by some members who were obscured from  the Bailiff 's vision and unable to attract his attention during proceedings. It was noted that a solution to the problem had notbeen established and it was agreed that the matter should beinvestigatedfurther;
6. Act No. A15(a) of 11th January 2006 - the Committeewas advised that the Bailiff agreed that it would be appropriate foroneor two States memberstobegiven training to preside in the States. TheCommittee expressed the view that it might beappropriate for the Chairman of the Privileges andProceduresCommittee to preside in the absenceof the Bailiff or the Deputy Bailiff . The Committee agreed that the matter should be considered by the Bailiff 'sConsultativePanel and the Greffier of the States was requested to take the necessary action.

Bailiff 's A3.  The Committee considered the composition of the Bailiff 's Consultative Panel Consultative which at present had three vacancies on it. The Committee discussed the need to Panel. agree a format for the Panel as it was noted that for example, the Senior Senator 499/1(21) could also be the Chief Minister. The Committee agreed that the Greffier of the

States should circulate a draft report and proposition relating to the Panel as soon as possible so that it could, if approved, be lodged au Greffe'.

The Greffier of the States was requested to take the necessary action.

Scrutiny - A4.  The  Committee  considered  a  report  prepared  by  the  Scrutiny  Manager  in potential division connexion with the Social Affairs Scrutiny Panel.

of the Social

Affairs Panel. The Committee was advised that an informal meeting of the Chairmen's Committee 516(1) had been held in December 2005 at which consideration had been given to the

workload of the Social Affairs Panel. Various options had been discussed including splitting the Panel into two, namely Health, Employment and Housing in one Panel and Home Affairs and Education in a second Panel. The alternative of forming a permanent Sub-Panel was also explored.

The Committee discussed the Social Affairs Panel which it was noted had a very heavy workload and agreed that it was imperative that Scrutiny was able to function effectively. The Committee was advised that the Chairman of the Social Affairs Panel  wished  to  retain  the  Panel  as  currently  approved  by  the  States  as  it  was recognised  that  any  changes  would  have  significant  financial  implications.  The Chairmen's  Committee  had  agreed  that  the  Social  Affairs  Panel  would  remain unchanged until the end of March 2006 although the matter would be kept under review.

The Committee noted the position.

States Members' A5.  The Committee received and considered correspondence dated 13th January parking. 2005 from Deputy G.W.J. de Faye, Minister for Transport and Technical Services in 1240/9/1(115) connexion with States members' parking.

The Committee was apprised that Deputy J.J. Huet, Assistant Minister for Transport and  Technical  Services  had  been  reviewing  the  allocation  of  spaces  and  had suggested that the current system of prioritisation should be changed to a system whereby spaces were allocated to members on the basis of the number of years served in the States. Deputy de Faye was requesting the Privileges and Procedures Committee approve this new method of allocation prior to it being implemented.

The Committee noted that, if this new method of allocation was approved, Deputy de Faye would write to advise all States members of these arrangements and the number of spaces allocated in each of the car parks, which he suggested should then be fixed. Deputy de Faye requested that the Privileges and Procedures Committee act as an appeals route for members on the proviso that any changes agreed would not affect the number of spaces allocated in each car park again.

The  Committee  discussed  in  detail  the  issues  surrounding  States  members' car parking which it noted had always proved to be very controversial particularly with members of the public. The Committee agreed that, rather than revisiting the problem as a whole, it could prove more beneficial and simpler to address the problems faced by one or two States members who had an issue with their allocated space due to a particular  medical  or  other  personal  need.  The  Committee  also  discussed  States members' parking permits and agreed that members' parking permits should enable them to park for any length of time free of charge in any public car park whenever members' spaces were fully occupied.

The Committee agreed that it would wish to advise Deputy de Faye that it did not consider it necessary to change the allocation procedure at this present time as it was felt that this would replace the perceived problem with another. The Committee agreed that newly-elected members could, in the future, be given lower priority for spaces which would effectively establish a system of allocation by length of service over a period of years. The Committee further agreed that whilst it was happy to provide input on the matter of parking it would not wish to be involved in an appeal system.

The Greffier of the States was requested to take the necessary action.

2004/2005 carry A6.  The Committee considered a report prepared by the Greffier of the States forward balance. concerning unspent funds remaining from 2004/2005.

422/10/1(76)

The Committee was advised that at the end of 2004 it had an unspent balance of £340,507 which had arisen principally because the Shadow Scrutiny function, which had been allocated its own budget, had not began work in earnest until well into 2004 and, as a result, there had been an unspent balance at the year end. The Committee had applied for a carry forward to 2005 and, in accordance with the States Treasury rules, the maximum 3 per cent of the total budget was allowed as a carry forward, namely £159,306. The balance of £181,201 was not available to the Committee and was therefore deemed to be returned to central revenues.

The Committee was advised that it was being requested by the States Treasury to authorise the release of the £181,201 to be applied to the Economic Growth Plan. It was noted that the Minister for Treasury and Resources had no authority to release the funds for a purpose other than the purpose to which they were voted by the States without  the  authorisation  of  the  Privileges  and  Procedures  Committee.  If  the Committee did not authorise the transfer of these unspent funds to the Economic Growth Plan they would be returned to the Consolidated Fund.

The Committee, having noted the above, agreed that the funds could be applied to the Economic Growth Plan. On a related matter, the Committee was advised that it would be requested to consider a report concerning the carry forward balance from 2005 to 2006 at a subsequent meeting and it was noted that it could be necessary to request more than 3 per cent of the total budget for the Scrutiny function.

Draft A7.  The Committee, with reference to its Minute No. A7 of 11th January 2006, Administrative received the draft Administrative Decisions (Review) (Amendment No. 2) (Jersey) Decisions Law 200- (P.195/2005): amendment' lodged by the Deputy of St. Martin .

(Review)

(Amendment No. The  Committee  agreed  to  present  a  comment  to  the  States  confirming  that  it 2) (Jersey) Law supported the amendment. 200-

(P.195/2005): The Greffier of the States was directed to take the necessary action.

Amendment -

comments.

1386/4(16)

Draft Freedom of A8.  The Committee welcomed Mr. C. Borrowman, Assistant Law Draftsman to the Information meeting and considered the draft Freedom of Information (Jersey) Law 200-.

(Jersey) Law

200-. The  Committee  recalled  that  the  Attorney  General  had  expressed  concerns  in 670(1) connexion  with  the  matter  of  resource  implications  as  he  envisaged  that  his

department would require two additional lawyers. The Committee considered that the impact on departments would be determined by the number of applications received and although the number could be high at first it was envisaged that these would balance out as time progressed. It was recognised that it would be beneficial to encourage authorities to develop records and document management schemes which would facilitate retrieval of requested information as it was hoped that this would lower the resource implications. The Committee was advised that all individuals would  have  a  right  to  apply  for  information  regardless  of  their  nationality  or residency and although it was expected that in general information would be offered free of charge there was provision for an authority to charge a fee for providing information if necessary.

The Committee expressed concern regarding the inclusion of a publication scheme in the law however it was confirmed that this Article could be implemented at a later date if necessary. The Committee agreed that it, as opposed to the Minister, should be responsible for issuing any codes of practice and for bringing the Law into force.

The Committee agreed that the notes which had been included by the Law Draftsman had been invaluable when considering the law and requested that they remain in the document when it went out to consultation. The Committee requested that the draft law be circulated to various bodies for consultation including the Attorney General, Jersey Financial Services Commission, the Media, and the Minister for Economic Development, the Chairmen's Committee and the Data Protection Commissioner and that all comments should be received by the end of April.

The Greffier of the States was requested to take the necessary action.

Standing Orders A9.  The Committee discussed the States meeting lunch adjournment which under of the States of Standing Orders of the States of Jersey was from 1pm until 2.15pm.

Jersey -

amendment of The  Committee  noted  that  the  lunch  period,  which  had  previously  been  from lunch 12.45pm until 2.30pm, had been adjusted at a time when the States was experiencing adjournment. a heavy workload. Definite dates if needed for the continuation of States meetings 1240/4(175) had now been scheduled. The Committee was of the opinion that a longer lunch adjournment would be useful to allow meetings to be held and to allow members to

catch-up  with  e-mails  and  other  States  business.  The  Committee  agreed  that  an amendment  to  the  Standing  Orders  of  the  States  of  Jersey  should  be  prepared outlining the business which took place during the lunch break to allow the newly elected States members to vote on the length of the break. It was suggested that the length of the break should be from 12.45pm until 2.15pm and it should be referred to as a midday recess rather than lunch adjournment.

The Greffier of the States was requested to take the necessary action.

States Members' A10.  The  Committee  recalled  that the  former   Deputy of  St.  John  had  raised  a remuneration. question in the States on 29th November 2005 in connexion with members receiving 1240/3(80) sickness benefit and their remuneration.

The Committee agreed that it would request the Minister for Social Security to clarify the position of States members claiming sickness benefit and the definition of work for members who were unwell. A request would also be made to consider whether a change in the relevant legislation could be made to enable States members to be treated  as employed' which  would  resolve  the  double  tax  issue  relating  to  the reimbursement of Class 2 Social Security payments.

The Greffier of the States was requested to take the necessary action. Matters for A11.  The Committee noted the following matters for information -

information.

1. t hat someStatesmembershadrequested the provision of lockers.The Committee was advised that the Assistant Greffier of the States was investigating the matterand a request for funding for lockers would be made from the carry forwardbudget;
2. the  Committee confirmed  that  its  next  meeting  would  be held  on Wednesday, 8th March 2006,  commencing at 9.30  a.m.  in  the Le Capelain Room, States Building,RoyalSquare,St. Helier and that the main item of business would  be the issue of election  expenses and campaign funding.