PPC Minutes 9th August 2006

PH/vnl/224  78

PRIVILEGES AND PROCEDURES COMMITTEE (23rd Meeting)

9th August 2006

PART A

All members were present, with the exception of Deputy G.C.L.  Baudains, 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 C.H. Egré

Deputy J. Gallichan

In attendance -

Mrs. A.H. Harris , Deputy Greffier of the States

D.C.G. Filipponi, Assistant Greffier of the States (for a time) Miss P. Horton, Clerk to the Privileges and Procedures Committee

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

2nd Quarter 2006 A1.  The Committee, with reference to its  Minute No. A2 of 30th June 2006, Financial Report. received and considered the 2nd Quarter 2006 Financial Report prepared by the 422/10/1(80) Assistant Greffier of the States.

Encl.

The Committee was advised that in accordance with the Public Finances (Jersey) Law 2005, non-Ministerial Departments were required to submit quarterly financial returns to the Treasury and Resources Minister for each of the four quarterly periods. The  States  Assembly  budget  was  forecast  to  be  approximately  2.9  per  cent underspent at the end of 2006. It was noted that the States Assembly budget was approximately 46 per cent spent as at 30th June 2006 and there were no significant financial concerns arising at the end of the 2nd quarter period.

The Committee noted the States Assembly Quarterly Financial Report for the period ending 31st March 2006 and requested that a copy of the same be forwarded to the Minister for Treasury and Resources for information purposes.

Standing Order A2.  The  Committee,  with  reference  to  its  Minute  No.  A4  of  26th  July  2006, 26(3) and (4) and received  and  considered  a  report  prepared  by  the   Deputy  Greffier  of  the  States 72(5) and (6) - regarding the lodging periods for matters referred to a Scrutiny Panel.

Minimum

lodging period. The Committee recalled that it had been requested to consider amending Standing 1240/4(178) Orders to increase the number of sessions that matters could be referred to a Scrutiny Encl. Panel to six, giving a period of twelve weeks to carry out a review, and reduce to two weeks  the  necessary  period  of  lodging  for  propositions  from  Scrutiny  which

specifically related to matters referred to a Panel under Standing Order 72(1) or (2). The Committee had agreed that prior to making a decision it would require more information regarding the recent instance when the Economic Affairs Scrutiny Panel decided  to  lodge  a  stand  alone  proposition  which  could  not  have  formed  an amendment  to  the  original  proposition.  In  this  regard  the  Committee  noted  the proposition which, although not adopted by the States, was a valid proposition for debate and received support from 16 members. The States had resolved to consider the matter early under Standing Order 26(7) which provided that an early debate was allowed if the matter was of "such urgency and importance" that "delay would be prejudicial to Jersey".

The Committee did not consider that the need was yet proven, and agreed that it would be beneficial for the Chairman and the Vice-Chairman to conduct a review of Scrutiny. It was agreed that they would meet with each of the Scrutiny Panels in order  to  discuss  with  them  the  operation  of  Scrutiny,  this  would  provide  the Chairman and Vice-Chairman with an opportunity to ask questions and to find out how Scrutiny functioned. The Committee further agreed that it would be appropriate to discuss the issue of lodging periods for stand alone propositions at the same time as the abovementioned review.

The Committee then considered the request to extend the period of time allowed by Standing Orders for a Scrutiny Panel to review a draft Law or draft Regulations. It was noted that the Economic Affairs Panel was recommending that the time period allowed  for  a  review  be  increased  from  eight  weeks  up  to  twelve  weeks.  The Committee was of the opinion that it could be beneficial to Scrutiny Panels if the time period allowed for them to review a matter was extended with an upper limit of twelve weeks, however, prior to making a decision it was agreed that the Council of Ministers would be consulted in order to establish their views on the matter.

The Deputy Greffier of the States was directed to take the necessary action.

Freedom of A3.  The  Committee,  with  reference  to  its  Minute  No.  A3  of  26th  July  2006, Information Law considered  the  draft  Freedom  of  Information  Law  200 - and  welcomed  Mr.  C. - Consultation: Borrowman, Assistant Law Draftsman to the meeting. recommend-ation

of the Council of The Committee recalled that it had sent the draft Freedom of Information Law out for Ministers for an consultation and in this regard it gave preliminary consideration to the responses audit. which had been received.

670/1(3)

Senator S. Syvret raised several points on various exemptions in the proposed Law and requested that a public interest disclosure clause be included in the legislation, it was  agreed  that  the  Assistant  Law  Draftsman  would  prepare  a  report  outlining suggested revisions to the Law. The Assistant Law Draftsman also invited Members to advise him of any further changes they would like made to the proposed Law.

The Committee asked that the working draft Law incorporate a note of all comments received at the appropriate point in the document, together with the States' Greffe comment and recommendation.

The Deputy Greffier of the States was directed to take the necessary action.

Social Affairs A4.  The  Committee,  with  reference  to  its  Minute  No.  A2  of  26th  July  2006, Scrutiny Panel - discussed  the  proposed  split  of  the  Social  Affairs  Scrutiny  Panel  and  the division to create establishment of a fifth Scrutiny Panel.

a fifth scrutiny

panel. The Committee recalled that the States had adopted the proposition entitled "Social 516(1) Affairs Scrutiny Panel: Division to create a fifth Scrutiny Panel" (lodged "au Greffe" Encl. on  26th  May  2006  by  the  Chairmen's  Committee)  agreeing  to  the  principle  of establishing a fifth Scrutiny Panel. The Committee had been advised that the funding

required for the establishment of an additional Scrutiny Panel would be £90,000 for consultancy and £98,000 for two Scrutiny Officers making a total of £188,000. The Committee had agreed that an amendment to the Annual Business Plan should be prepared requesting £188,000 and that it should be suggested that each of the ten departments contribute a proportion of their budget towards this amount, However it was agreed that prior to this the Treasury and Resources Minister should be asked whether the necessary funding could be provided from the budgets of the ministerial departments.

In this regard the Committee considered correspondence dated 9th August 2006, received from the Minister for Treasury and Resources in connexion with the budgetary issues and the establishment of a fifth Scrutiny Panel. It was noted that the Minister would be prepared to support the Committee in making a case for utilising funding from carry forward balances to operate the additional Panel in 2007. The Committee agreed that the Chairman should convene a meeting with the Minister to discuss how best to move forward with this issue.

The Committee considered an amendment to the Annual Business Plan which had been prepared by the Deputy Greffier of the States and it was agreed that, if a way forward was not established with the Treasury and Resources Minister, then it would lodge an amendment to the Annual Business Plan which would seek funding from each of the Ministries in equal amounts..

Senator M.E. Vibert was of the opinion that the funding requirements for each Scrutiny Panel should be looked at as it had been noted that whilst one Panel had already spent its allocated budget other Panels had not and requested that his dissent from the abovementioned decision be recorded.

Matters for A5. The Committee noted the following matters for information - information.

1. c orrespondencedated28th July 2006 sent to Senator T.A.LeSueur, Minister forTreasury and Resourcesregarding Scrutiny - establishment of 5th Scrutiny Panelandother budgetary matters;
2. correspondence dated 28th July 2006 sent to Deputy P.J.D. Ryan, Chairman, CorporateServices Scrutiny Panelregarding the Freedomof Information Law - Scrutiny;
3. c orrespondencedated 28th July 2006 sent toMr.J.M.E. Harris , Policy Adviser, Chief Minister's Department regarding the Freedom of Information Law consultation;
4. c orrespondencedated 28th July 2006 sent toThe Secretary, Comité des Connétable s regarding the Electoral Register;
5. c orrespondencedated 28th July 2006 sent to all non-executiveMembers of the States regarding the Constitutional Advisory Panel;
6. c orrespondencedated 28th July 2006 sent toMr. I. Black,Treasurerof the States regarding States members remuneration: Social Security contributions;
7. c orrespondence dated 1stAugust 2006 sent to Mrs.A. Brée regarding a complaintaboutSenatorT.J.LeMain'sstatement during the debate on the "Island Plan2002, Policy H2:Field 91, St.Clement(P.70/2006)";

8. t heAssistantGreffierof the States advised the Committee that there had been some developments with regard to member's Social Security contributions being paid directtoSocialSecurity and he would prepare a report in connexion with this for consideration at its nextmeeting;
9. th e Committee recalled that at its meeting held on 26th July 2006, ithad agreed that a letter wouldbesent to Membersreminding them of their responsibilities in respect of in camera' debates. TheCommittee was advised that following the meeting the Chairman had given further consideration to this matterand decided that a letter wasnot the best means of communicating this decision, consequently a letter had not been senttoMembers; and
10. t he Committee confirmed that its next meeting would be held on Wednesday 20th September 2006, commencingat9.45a.m. in the Le Capelain Room, States Building, Royal Square.