PPC Minutes 5th March 2008

PH/JAC073 288

PRIVILEGES AND PROCEDURES COMMITTEE (71st Meeting)

5th March 2008

PART A

All members were present,  with the exception of Deputy G.C.L. Baudains, from whom apologies had been received. Senator M.E. Vibert was present for item No. B4 (b), Deputy J. Gallichan was present for item Nos. A3 and B4(b) and Deputy I.J. Gorst was present for all items with the exception of No. A3.

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 (for a time)

Mrs. A.H. Harris , Deputy 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 meetings held on 6th February 2008 (Part A only), 11th

February 2008 (Part A only) and 20th February 2008 (Part A and Part B), having been previously circulated, were taken as read and were confirmed.

Ministerial A2.  The Committee, with reference to its Minute No. A8 of 20th February 2008, Government: resumed  consideration  of  the  Machinery  of  Government  Review  (R.105/2007 review of the first refers).

12 months:

implementation The Committee considered a report concerning the consultation undertaken on the 465/1(91) above which had been prepared by the Deputy Greffier of the States. The Committee Encl. discussed the report and focused on the following -

Item No. 11 - the Committee agreed that this should be looked at in more detail;

Item No. 16 - the Committee agreed that the Chairman's Committee could intervene if it was felt that the membership of a panel or a sub-panel was heavily weighted in favour of a political party;

Item No. 33 - the Committee felt that steps should be taken to ensure that the work of the Public Accounts Committee (PAC) was fully understood and that all reports by the PAC were published in a uniform manner;

Item No. 52 - although the Committee felt that it would be of benefit to have a short adjournment between the appointment of Ministers and the subsequent appointment of the Chairman of the Privileges and Procedures Committee, the Public Accounts Committee and the Scrutiny Panels it was agreed that the Assembly should decide on the length of the adjournment;

Item No. 53 - the Committee requested that it be provided with statistical information  on  the  number  of  questions  members  asked  and  also  some examples of the questions that were submitted by members;

Item  No.  54 - the  Committee  agreed  that  Standing  Order  27  should  be amended to provide that the Greffier of the States would refer a proposition lodged by a private member to the relevant Minister or Ministers in order for them to consider whether or not to report to the States on the matter.

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

Public Elections A3.  The Committee, with reference to its Minute No. A6 of 20th February 2008, (Jersey) Law received and considered the law drafting instructions for the proposed amendments to 2002: proposed the Public Elections (Jersey) Law 2002.

amendments -

law drafting The Committee recalled that it had discussed in detail the proposed amendments to instructions. the  above  named  Law and, following consultation with  the  Parishes,  Jurats  and 424(7) Judicial Greffe, law drafting instructions for the proposed amendments had now been Encl. produced. It was further recalled that its consideration of Article 30 of the Public

Elections (Jersey) Law 2002 regarding the time when the poll opens had resulted in a tied vote. The Chairman, Senator Vibert and Deputy Gorst were all of the opinion that changing the opening time of the poll to 10.00 a.m. would only serve to send out the wrong message to voters particularly as one of the Committee's priorities was to encourage an increase in voter turn-out. Connétable Le Brun, Deputy Baudains and Deputy Ferguson disagreed with these views and were all of the opinion that the poll should open at 10.00 a.m. Having noted Standing Order 130(3) which provided that if a vote was tied it would be taken to have been lost, the Committee agreed that the opinion  of   Deputy  Gallichan  should  be  sought.   Deputy  Gallichan  advised  the Committee that she thought the poll should open at 10.00 a.m. and that the Assembly should be given the opportunity to debate the issue. The Chairman, Senator Vibert and Deputy Gorst requested that their dissent from this decision be recorded.

Deputy Gallichan also questioned the Committee's decision not to remove the six months continual residency requirement before registration for any person who had a combined total residency of 5 years at any time. Deputy Gallichan felt that removing this provision would make registration simpler and easier which was the aim of the proposed amendments to the Law. The Committee was concerned that this could enable  persons  who  worked  in  the  Island  for  several  months  of  each  year  to accumulate  5  years  combined  residency  and  register  to  vote,  however,   Deputy Gallichan argued that it would be necessary for persons to demonstrate an intention to remain in the Island or provide a declaration of residency. The Committee agreed that it would consider this issue again when the Amendments to the Law were brought forward for its approval.

The Committee discussed the requirement for polling cards to be issued before every public election for Senator, Connétable or Deputy . It had been agreed that a card would be sent out by the Parish to each registered elector setting out the elector's registration details, the nature of the election(s), the polling station to be used and the opening times of the poll. Although there would no longer be a requirement for reminders to be sent to each household it was recognised that there could be financial implications for Parishes due to the number of polling cards that would be posted as these would be sent to each registered elector rather than to each household as was

the case with reminders.

It  was  felt  that  the  Comité  des   Connétable s  should  be  consulted  regarding  the possible financial implications the requirement to issue polling cards could have on Parishes. The Committee agreed that if necessary this Article of the Law could be brought into force at a later time by Appointed Day Act.

Procedure for A4.  The Committee considered the current procedure laid out in Standing Order 21 lodging and recalled that during the States debate on the Waterfront Skateboard and Youth propositions. and  Community  Centre  (P.8/2008  refers)  Senator  P.F.C.   Ozouf  had  highlighted 450/2/1(7) perceived shortcomings of the current provisions relating to financial and manpower Encl. statements on propositions brought to the States by individual members.

The Committee considered Standing Order 21(2) and (3) which required that -

2. t hedraft must beaccompaniedbytheproposer's statement ofwhether the  proposition, if  adopted, would have any implications  for  the financial ormanpowerresourcesof the States or any administration of the Statesand, if there are such implications -

1. s etouttheproposer'sestimateofthose implications; and
2. e xplain how, when and from where, in the proposer'sopinion, they couldbesourced.

3. T he proposer may request information from anyMinisterresponsible for the  resources in  question and a  Minister shall, when so requested, ensure  that  the  proposer  is  provided with  complete and accurate information sufficient to enable the proposer to prepare the statement.

The Committee recalled that Senator Ozouf had advised the Assembly that there would be a financial implication for the Economic Development Department if the proposition  was  adopted.  The  Committee  considered  the  matter  and  was  of  the opinion  that  the  Minister  for  Economic  Development  should  have  presented  a comment to the States advising that the financial statement was not correct.

The Committee, having discussed the issue, recalled that during consideration of the Ministerial  Government:  review  of  the  first  12  months  (Minute  No.  A2  of  this meeting refers) it had agreed that Standing Order 27 should be amended to provide that the Greffier of the States should refer a proposition lodged by a private member to the relevant Minister or Ministers in order for them to consider whether or not to report  to  the  States  on  the  matter.  It  was  recognised  that  if  this  amendment  to Standing Orders was approved by the States the Minister would be expected to present a comment on the financial implications of a proposition.

Administrative A5.  The Committee, in accordance with the Administrative Decisions (Review) Decisions (Jersey) Law 1982, as amended, considered a draft report of the States of Jersey (Review) (Jersey) Complaints Panel for 2007.

Law 1982, as

amended - draft The Committee noted that the complaint outlined at Appendix A had been referred to States of Jersey the  Minister  for  Planning  and  Environment  in  order  that  the  matter  could  be Complaints reconsidered. The Minister's report was still awaited and the findings of the Board Panel: annual would not be presented to the States formally until the Minister's report had been report for 2007. received.  The  Committee  agreed  that  it  would  be  appropriate  to  ask  the  Board 1386/2/2(13) whether Appendix A should only be published after its findings had been presented

to the States.

Notwithstanding  the  above,  the  Committee,  having  noted  the  report  of  the Complaints Panel for 2007, accordingly approved the same and subject to minor amendment  requested  that  it  should  be  presented  to  the  States  at  the  earliest opportunity.

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

Draft States A6.  The Committee received the draft States Assembly Annual Report 2007. Assembly Annual

Report 2007. The Committee recalled that Standing Orders required it to prepare an Annual Report 1240/25(2) on the work of the States Assembly and to present it to the States. As sections 3 and 5

had been circulated separately the Committee agreed that the full draft Report should be considered at its next meeting. The Committee further agreed that the Bailiff , as President of the States, should be asked to write a Foreword to the Report.

The Greffier of the States was directed to take the necessary action. Matters for A7.  The Committee noted the following matters for information -

information.

1. correspondence dated 28th February 2008, sent to Senator S. Syvret regarding the use of States Members' facilities in the States Building;
2. the  Committee agreed  that  its  next  meeting  would  be held  on Wednesday, 19th  March  2008,  commencing at 9.30 a.m. in  the  Le Capelain Room, States Building, Royal Square.