PPC Minutes 12th July 2007

PH/vnl/201  202

PRIVILEGES AND PROCEDURES COMMITTEE (53rd Meeting)

(Business conducted by telephone)

12th July 2007

PART A

All members were present, with the exception of Connétable D.F. Gray of St. Clement - Chairman and Connétable K.A. Le Brun of St. Mary .

Senator M.E. Vibert Deputy G.C.L. Baudains Deputy S.C. Ferguson Deputy J. Gallichan Deputy I.J. Gorst

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 only.

Composition of A1. The Committee, with reference to its Minute No. A3 of 11th July 2007, the States: considered its response to an amendment to its proposition entitled Composition of Revised Structure the States: revised structure and referendum (P.75/2007) - second amendments' and Referendum lodged au Greffe' on 3rd July 2007 by Deputy J.A.N. Le Fondré of St. Lawrence . (P.75/2007) -

Second The Committee decided to comment as follows -

Amendments

(P.75/2007 Amd. PPC  does  not  support  this  amendment.  As  set  out  in  P.75/2007  the (2)) - Comments. Committee  believes  that  it  is  essential  that  a  referendum  is  held  on  the 1287(13) proposed way forward but PPC does not believe it is appropriate to set a

higher  requirement  for  a  successful  outcome  as  suggested  by   Deputy  Le Fondré. Even though PPC is hopeful that there will be a high turnout in the referendum the level of support that would be needed if Deputy Le Fondré's amendment was adopted makes a successful outcome almost impossible in practice.

The Committee interprets entitled to vote' as meaning those persons who are on the electoral register at the time of the referendum as these are the only people who are then entitled to vote'. There will be many other people in the Island who are not on the electoral roll who may be entitled to register' but these people will not be entitled to vote in the referendum if they are not registered. 100% of registered electors are therefore entitled to vote' for the purposes of this amendment.

If there is less than a 50% turnout in the referendum then, under the terms of Deputy  Le  Fondré's  amendment,  the  proposals  would  be  automatically rejected. PPC agrees that such a low turnout would be disappointing but, as

can be seen in the figures below, the required outcome for success if the amendment is adopted is very demanding –

If t her  e is a 50% turnout every single person must vote in favour. If t her  e is a 60% turnout – 83.3% must vote in favour.

If t her  e is a 70% turnout – 71.4% must vote in favour.

If t her  e is a 80% turnout – 62.5% must vote in favour.

If  there  was,  in  Jersey  terms,  an  exceptional  turnout  of  80%  in  the referendum and, say, 60% voted in favour of the proposals, reform could not then  be  progressed  because  the  60%  would  be  less  than  the  62.5% requirement shown above. In those circumstances PPC believes that those electors who had taken the trouble to go out and vote and shown, by normal democratic  standards,  resounding  support  for  the  proposals  would understandably be extremely aggrieved.'

The Greffier of the States was directed to arrange for the Committee's comments to be presented for consideration by the States on 16th July 2007.

Composition of A2. The Committee, with reference to its Minute No. A3 of 11th July 2007, the States: considered its response to an amendment to its proposition entitled Composition of Revised Structure the  States:  revised  structure  and  referendum  (P.75/2007) - third  amendments' and Referendum lodged au Greffe' on 3rd July 2007 by Deputy G.P. Southern of St. Helier . (P.75/2007) -

Third The Committee decided to comment as follows -

Amendments

(P.75/2007 Amd. Amendment (1)

(3)) - Comments.

1287(13) PPC  does  not  support  this  amendment  which  is  almost  identical  to  the

proposition of the former Special Committee that was rejected in 2004 by 2 votes to 49.

The  Committee  has  made  it  clear  in  its  proposition  (P.75/2007)  that  it believes  that  a  direct  link  between  the  Parishes  and  the  States  should continue in any reformed structure. The Committee has proposed that this should be done through the Connétable s, and Deputy Baudains' amendment has proposed a further direct link through Deputies elected on a Parish or constituency basis as at present. If Deputy Southern 's amendment is adopted there would be no dedicated Parish representatives in the States and PPC does not consider this is acceptable. In addition the Committee would point out  that  under   Deputy   Southern 's  amendment  there  would  appear  to  be nothing  to  prevent  the   Connétable  of  one  parish  standing  in  a  large constituency that did not include his or her own parish and PPC believes that this could lead to a conflict of loyalties for the member concerned.

Amendment (2)

PPC accepts this amendment. In response to a letter from the Comité des Connétable s PPC agreed at its meeting of 11th July 2007 that it would set up a small Working Group in conjunction with representatives of the Comité to look at ways of improving the electoral registration process and ensuring that everything possible is done to ensure the accuracy of the registers.

Amendment (3)

PPC accepts this amendment. The Committee's intention in referring solely to Ministers was that a change to spring/early summer elections could have an impact on the timetable for matters such as the lodging and debate of the Annual  Business  Plan  and  the  Committee  therefore  needs  to  discuss  the matter with Ministers to understand that impact. PPC is nevertheless happy to accept the amendment and extend the consultation to all members.'

The Greffier of the States was directed to arrange for the Committee's comments to be presented for consideration by the States on 16th July 2007.