States Assembly | PPC Minutes 25th July 2008

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PM/SC/220 369

PRIVILEGES AND PROCEDURES COMMITTEE (82nd Meeting)

25th July 2008

(Business conducted by electronic mail) PART A

All members were present, with the exception of Connétable K.A. Le Brun of St. Mary and Deputy G.C.L. Baudains.

Connétable D.F. Gray of St. Clement - Chairman Senator M.E. Vibert

Deputy S.C. Ferguson

Deputy J. Gallichan

Deputy I.J. Gorst

In attendance -

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

P. Monamy, Acting Clerk to the Privileges and Procedures Committee

Note: The Minutes of this meeting comprise Part A only.

Draft Public A1. The Committee, with reference to its Act No. B5 of 23rd July 2008, considered Elections the Draft Public Elections (Expenditure and Donations) (Amendment) (Jersey) (Expenditure and Regulations 200- which sought to prohibit the publication of advertisements in a Donations) newspaper or in the broadcast media on the 2 days preceding an election and on (Amendment) polling day itself.

(Jersey)

Regulations 200-. The Committee accordingly approved the draft Regulations, together with the 424/3(2) accompanying explanatory report, and asked that the projet be lodged au

Greffe' by 29th July 2008, with the States to be requested to take the matter into consideration on 8th September 2008.

Draft States of A2. The Committee, with reference to its Minute No. B2 of 23rd July 2008, Jersey considered the draft States of Jersey (Amendment No. 5) (Jersey) Law 200-, the (Amendment purpose of which was to -

No. 5) (Jersey)

Law 200-. (a) i nsert a new Article 21A so as to provide that the duties of a suspended 450(8) Minister would be carried out by the Chief Minister or be delegated to

another Minister;

s ubstitute the current Article 30 and insert a new Article 30Asoas to provide for reporting the delegation of statutory functionstothe States Assembly and the establishment andmaintenanceby the Chief Minister of a listofthefunctionsofeachMinister, and of the functions which had been delegated to others;
a mend Article 44 so as to provide for the States members' Remuneration Review Body to consider the provision of pensions for Membersof the

States and to make recommendations for consideration by the States when it reports on remuneration levels for 2009 and beyond later in 2008.

The Committee, having authorised the Chairman to sign the necessary statement of compliance of the draft Law with the provisions of the Human Rights (Jersey) Law 2000, accordingly approved the draft Amendment, together with the accompanying explanatory report, and asked that the projet be lodged au Greffe' by 29th July 2008, with the States to be requested to take the matter into consideration on 8th September 2008.

Draft A3. The Committee, with reference to its Minute No. B3 of 23rd July 2008, Amendment considered the draft Amendment No. 9 of the Standing Orders of the States of Jersey, No. 9 of the the purpose of which was to implement the recommendations - primarily those Standing Orders considered to be most urgent to be considered in time for the new Assembly in of the States of December 2008 - arising from the review of the first 12 months of the Machinery of Jersey. Government Reforms following an extensive consultation exercise with the Council 465/1(105) of Ministers, the Chairmen's Committee, the Public Accounts Committee and all

States members.

The Committee noted that the amendments sought to -

l imit thelengthof written questionsand the numberof written questions a membermightputateach meeting;
p rovide for the questioner to decidewhether the Minister mustanswer in the event that the Minister does not wish the Assistant Minister to respond;
p rovide for signatureon a vote of no confidence;
m ake arrangements for referral to a Minister, rather than to the Council of Ministers;
p rovide for an individual member to ask another memberto propose an amendment to a draft Law/propositionifhe/she would beabsentwhen the amendmentwastobedebated;
p rovide for 24hours' Notice ofnominationsforMinisterial office;
p rovide for anunopposed Minister to pass to the Greffier a statement of his or her policies for distribution tomembers;
p rovidefor the presiding officer to invite theAssembly to pauseafter appointing Ministers before proceeding toappointtoother positions;
p rovide for the constitution of the Privileges andProcedures Committee to include a member from the Chairmen'sCommittee; and
p rovide for thesuspension of members from the Assembly.

The Committee accordingly approved the draft Amendment, together with the accompanying explanatory report, and asked that once H.M. Attorney General had confirmed that no human rights issues arose from the proposed changes to the rules on the suspension of a member from the States, the projet be lodged au Greffe' by 29th July 2008, with the States to be requested to take the matter into consideration on 8th September 2008.