PPC Minutes 6th August 2008

NG/JAC/225  372

PRIVILEGES AND PROCEDURES COMMITTEE (83rd Meeting)

6th August 2008

PART A

All members were present, with the exception of Senator M.E. Vibert , Deputy S.C. Ferguson, from whom apologies had been received. Connétable K.A. Le Brun was present for Items A4, A5, A6 and A7.

Connétable D.F. Gray of St. Clement - Chairman Connétable K.A. Le Brun of St. Mary

Deputy G.C.L. Baudains

Deputy J. Gallichan

Deputy I.J. Gorst

In attendance -

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

Mr. N. Guillou, Clerk to the Privileges and Procedures Committee Note: The Minutes of this meeting comprise Part A and Part B.

Categoric A1.  The Committee received correspondence dated 18th July 2008 and 4th August Assurances - 2008 from Deputy D.W. Mezbourian , which requested that the Committee consider Request by the many commitments and categoric assurances' made by members in the House Deputy D.W. during  States  meetings.   Deputy   Mezbourian  noted  that  numerous  of  these Mezbourian . commitments  had  been  made  by  members  recently,  and  that  as  some  other 465/1(106) jurisdictions had monitored such assurances, the Committee was requested to discuss

whether such monitoring would be appropriate for the States of Jersey. A document from the website of the Indian Government had been provided in this regard within Deputy Mezbourian 's correspondence. It was noted that Deputy Mezbourian had been invited to attend the meeting, but had been unable to do so due to involvement with a Visite Royale in St. Lawrence.

The Committee noted that it was unclear for how long an assurance would last under these circumstances. It was also felt that individual members should be monitoring assurances  made,  and  that  if  these  were  not  followed  up,  members  should  ask questions within the House, or if the matter were serious enough, a motion of censure could be brought.

The Committee agreed that in order to ensure that the matter could be resolved satisfactorily, Deputy Mezbourian should be re-invited to attend at the Committee's next meeting.

Members access A2.  The Committee considered a report received from the Greffier of the States, to the Jersey regarding an online subscription to the Jersey Evening Post for States members. The Evening Post Committee was informed that this had been undertaken following an approach by a online. States member.

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The Committee agreed that whilst it would offer some advantages to members who were off-island for a time and wished to have full access to the Jersey Evening Post, the costs involved (£1500 for a 12 months subscription) were too high, and that overall such a provision was unnecessary. The Committee decided that it would not support this suggestion.

Voter A3.  The  Committee,  with  reference  to  its  Minute  No.  A7  of  26th  June  2008 registration/ received  an  oral  update  from   Deputy  J.  Gallichan  regarding  the  voter  turnout turnout campaign campaign for the forthcoming public elections in November 2008.

for the 2008

elections. The  Committee  was  reminded  that  the  campaign  would  be  carried  out  in  three 424/2(46) phases, the first to  promote general awareness of the forthcoming  elections,  the

second to promote registration, and finally to encourage voter turnout on polling day. It was noted that the first phase was nearing completion.

It  was  noted  that  www.vote.je  had  been  registered  as  a  website  to  provide information  to  the  public  and  that  following  nomination  meetings,  prospective candidates would be allotted a page on the website. As well as this, a supplement would  be  placed  in  the  Jersey  Evening  Post's edition  the  Thursday  before  the elections take place. Each candidate would have 700 words to set out their manifesto. The Committee agreed that for this supplement candidates should simply provide their name and be free to write what they wished. It was also noted that an island- wide mailing would occur detailing the registration process, dates for nominations of candidates, and polling dates. This would also include a voter registration form.

The Committee was informed that a red marquee tent would be erected at different sites around St. Helier from 26th August 2008 in order to promote registration, and that a press release announcing this would be sent out on 22nd August 2008. It was noted that the Chairman and Deputy Gallichan would liaise with St. Helier Parish officials in order to discuss where the marquee would be sited. Numerous banners had also been prepared, and adverts had been placed on the back of buses. Stickers for bins were to be ordered, and all States Departments and Parish Hall s had received posters. It was noted that the Youth Service had created posters to promote the elections for the 16-18 age range. The Communications Unit had agreed to place advertisements in all States' publications.

Regulation of A4.  The Committee noted correspondence from Deputy P. Ryan, Chairman of the election Corporate Services Scrutiny Panel, published in the Jersey Evening Post on 25th July expenses. 2008. The Committee recalled that the States had voted to approve the Draft Public 1148/1(12) Elections (Expenditure and Donations) (Jersey) Regulations 200- principles of the

(P.82/2008 refers) on 17th July 2008, and that the Corporate Services Scrutiny Panel had unanimously decided on that day to "pull the law in to scrutiny in order to examine  the  details  of  the  articles  for  fitness  and  purpose". This  decision  was reversed  on  the  18th  July  2008,  as  allowing  scrutiny  would  have  delayed  and prevented the proposals from coming into force in time for the forthcoming elections in October and November 2008.

In  his  letter   Deputy  Ryan  asserted  that  the  Committee's  proposals  were  clearly flawed, and noted his disappointment that they had been lodged "au Greffe" on 30th May 2008, which had not allowed sufficient time for any scrutiny to take place, and noted that the reversal of the decision to "pull the law in for scrutiny" had been taken solely  to  ensure  that  the  regulations  could  be  brought  into  force  in  time  for November's elections.

It was noted that Deputy Ryan had been invited to attend the meeting, but had been unable to do so due to illness. The Committee agreed that Deputy Ryan should be re- invited to attend at the Committee's next meeting to discuss the matter.

Machinery of A5.  The Committee noted correspondence received from Senator F.H. Walker , Government Chief Minister, dated 23rd July 2008, and Deputy S.C. Ferguson, President of the review: Proposed Chairmen's Committee, dated 30th July 2008. It was noted that the report on the amendments to recommendations in the Machinery of Government Reforms (R.105/2007) would be the States of discussed by the Council of Ministers on 4th September 2008 and the Chairmen's Jersey Law. Committee on 12th September 2008.

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Data Protection A6.  The Committee, with reference to its Minute No. A6(a) of 23rd July 2008, gave Register - consideration to the need for election candidates to register under the Data Protection registration of (Jersey) Law 2005 in order to access and utilise the electoral register.

electoral

candidates. It was noted that the Greffier of the Sates had written to Mrs. E. Martins, Data 939/1(69) Protection Commissioner, on 31st July 2008 and had inquired as to whether or not it

would be possible to reduce or waive the requisite registration fee for candidates. The Greffier had further inquired into the need for registration of all States members, as the Committee had noted that this had not been achieved. Mrs. Martins had replied on  1st  August  2008  and  advised  that  any  change  to  fee  requirements  would necessitate a change in the Data Protection (Jersey) Law 2005. Mrs. Martins also advised that significant time and effort had been made to ensure that States members had complied with the Law, and that the Data Protection Commission would be happy to assist with updating new candidates as required.

The Committee queried the necessity of a subsidy for election candidates, but noted that as access to the electoral register was only necessary for a short period of time, it would be unfair to pay a yearly fee. The Committee also noted the need for all members  to  be  registered  under  the  Data  Protection  (Jersey)  Law  2005,  and expressed its opinion that all election candidates should be reminded of this when nominated.

It was agreed that Mrs. Martins should be consulted further, in order to ascertain what options could be pursued to change the Data Protection (Jersey) Law 2005, and that these should be presented to the Law Draftsman for their consideration and opinion. It was noted that there would not be sufficient time for any amendment to the Law to come into effect before the forthcoming elections in 2008.

Next meeting. A7.  The Committee agreed that its next meeting would be held on 3rd September

2008 at 9.30 a.m. in the Le Capelain Room, States Building, Royal Square.