PPC Minutes 3rd September 2008

PM/SC/273  378

PRIVILEGES AND PROCEDURES COMMITTEE (84th Meeting)

3rd September 2008

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 M.E. Vibert

Connétable K.A. Le Brun of St. Mary

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 and Part B.

Minutes. A1. The Minutes of the meetings held on 23rd July (Part A and Part B), 25th July

(Part A only) and 6th August 2008 (Part A and Part B), having been previously circulated, were taken as read and were confirmed.

States meeting A2. The Committee considered a paper, dated 14th August 2008, prepared by the dates for 2009. Greffier of the States setting out a schedule of proposed meeting dates for the States 1240/2(72) during 2009.

The Committee recalled that it had previously decided that, as a matter of principle, States meetings should not take place during school holidays if at all possible. Having taken into account the requirements of Standing Orders, the Committee noted that the first meeting of the first session would be held on 20th January 2009, with the normal 2-weekly cycle thereafter, interrupted only by the February half- term, the Easter break and the half-term holiday at the end of May.  The second session would commence on 8th September 2009, with the States meeting on only the morning of 10th September (because of the International Air Display) but also on Friday 11th September, if necessary.  Thereafter the normal 2-weekly cycle of meetings would resume, with the session ending on 8th December 2009.

The Committee, having considered the desirability of including a coloured chart in the document to be presented to the States, agreed its inclusion and asked for the report to be presented to the States on 9th September 2008.

Data Protection A3. The Committee, with reference to its Minute No. A6 of 6th August 2008, Register: considered a response from the Data Protection Commissioner to queries which the registration of Committee had raised regarding fees for the use by States members of the electoral electoral register database and data protection requirements for such members.

candidates -

access and use of As regards the possible revision to the fee to accompany notification, it was noted electoral register. that the Data Protection Commissioner advised that, as a technical matter, there 939/1(69) might be scope for the States to make new Data Protection (Notification) (Jersey)

Regulations  200- pursuant  to  Articles 18(6)  and  26(1)  of  the  Data  Protection (Jersey) Law 2005 based on an amended version of the 2005 Regulations.  As a matter of process, it was suggested that it might be appropriate for discussions to be held with the Minister for Treasury and Resources and/or relevant officers prior to proceeding.  It  was  noted  that  there  were  minor  budgetary  issues  and  more significant policy issues relating to differential treatment in relation to different groups.

It  was  noted  that  the  Data  Protection  Commissioner  had  indicated  that  the obligation  relating  to  notification  was  upon  the  data  controller  (i.e.  the person/organisation processing personal data), not the regulatory authority.  It was recognised  that  the  Data  Protection  Commissioner,  in  working  with  limited resources  to  ensure  that  all  members  of  the  community  were  aware  of  their obligations, made available on the Data Protection website specific guidance for States members.  It was noted that the Judicial Greffier had been provided with a link  to  the  relevant  guidance  notes  on  the  basis  that  the  Data  Protection Commissioner  considered  that  it  would  clearly  be  helpful  if  data  protection requirements could be raised with candidates at the earliest opportunity.

In commenting on the induction programme for new States members, the Data Protection Commissioner indicated that her previous attempts had met with a rather mixed response and, at present, and for a variety of reasons, no commitment could be given to participating in such a programme.  However, it was confirmed that it would be useful for a copy of the guidance notes for States members to be included in any information pack distributed.

The Committee noted the position and the Greffier of the States undertook to have further discussions with the Data Protection Commissioner on these and related issues.

States Members' A4. The Committee, with reference to its Minute No. A2 of 26th June 2008, Remuneration having  recalled  that  it  had  decided  to  reconstitute  the  States  Members' Review Body: Remuneration Review Body, further recalled that an advertisement had been placed reconstitution - during August 2008 in the Jersey Gazette seeking expressions of interest from re-advertising of persons who wished to be considered for membership.

vacancies.

1240/3(86) The Committee was disappointed to note that, to date, only 4 applications for

membership of the Review Body had been received.

The Committee, having recognised that the previous advertisement had been placed during a busy holiday period, agreed that advertising of the vacancies should be undertaken - possibly by means of a press release and/or being featured on local radio - decided  to  give  further  consideration  to  the  re-appointment  of  existing members and/or the appointment of new members once the names of all applicants were available.

The Greffier of the  States undertook to write  to  existing members of  the Review  Body  in  order  to  determine  their  interest  in  again  offering  their services in that capacity.

Draft A5. The  Committee,  with  reference  to  its  Act  No. A3  of  25th  July  2008, Amendment considered a paper dated 26th August 2008 prepared by the Greffier of the States No. 9 of the concerning proposed amendments to Standing Orders arising principally from the Standing Orders recommendations of the Machinery of Government Review.

of the States of

Jersey: approved The Committee recalled that it had previously approved a number of amendments for lodging au for lodging au Greffe' once H.M. Attorney General had advised that there were no Greffe.' human rights issues arising from the proposed changes.  The Committee, having 450/2(9) noted however that the advice requested was unlikely to be received until after mid-

September,  agreed  that  it  would  be  unwise  at  this  stage  to  proceed  with  the amendments relating to suspension, involving changes to the periods of suspension and associated matters such as the loss of remuneration during suspension.

The Committee recognised that in order to allow those amendments which related to the appointment of Ministers, etc. to be lodged au Greffe' in time for debate on 21st October 2008 (the last available sitting on which to do so) the Law Draftsman had separated the amendments into 2 parts.  The Committee accordingly considered the amendments and the accompanying report which related to those amendments which could proceed without the advice of the Attorney General.

Having noted those amendments which might be considered to be contentious, the Committee according approved the draft projet and asked that it be lodged au Greffe' on 5th September 2008 for consideration by the States on 21st October 2008.

Date of next A6. The Committee noted that its next meeting would be held on 24th September meeting. 2008 at 9.30 a.m. in the Le Capelain Room, States Building, Royal Square, St.

Helier.