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PPC Minutes 17th July 2009

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A-CH/SC/250  107

PRIVILEGES AND PROCEDURES COMMITTEE (30th Meeting)

17th July 2009

PART A

All members were present, with the exception of Senator B.I. Le Marquand and Deputy M.R. Higgins, from whom apologies had been received.

Connétable J. Gallichan of St Mary, Chairman Deputy J.B. Fox

Deputy J.A. Martin

Deputy C.H. Egré

Deputy M. Tadier

In attendance -

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

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

Miss A Heuston, 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 5th, 12th and 19th June (Parts A and B),

15th and 17th June (Part A only) and 24th June (Part B only) 2009, having been previously circulated, were taken as read and were confirmed.

Information A2.  The Committee received a report prepared by the Greffier of the States, dated technology 10th July 2009, entitled: IT provision for States members.

provision for

States members. The Committee noted that, in response to a written question from Deputy P.V.F. Le 1240/9/1(70) Claire, the Chairman had indicated that the use of laptops in the States Chamber

would be considered by the Committee. The Committee also agreed to consider the possible use of Blackberries by all States members.

The  Committee  welcomed  Mr.  N.  Wells,  Information  Services  Director.  The Committee considered the practical issues surrounding the use of laptops in the States Chamber. A number of possible solutions were proposed and it was acknowledged that  the  purpose  for  which  laptops  were  required  would  influence  the  decision regarding  the  preferred  device.  It  was  agreed  that  a  questionnaire  should  be circulated to members to establish their unique need, and to obtain direction with regard to the requirements of the device. It was also agreed that research would be carried out into the types of technology available in parliaments in other jurisdictions.

With regard to the use of Blackberries, the Committee noted that a pilot had taken place with Ministers and Chief Officers being offered the use of a Blackberry, and that this had delivered business benefit. The Committee was now invited to consider whether the project should move to the procurement stage. The Committee noted that no budget had been allocated in the Committee's estimates for the provision of Blackberries, although the sums were not expected to be significant as call charges would remain the responsibility of individual members. Mr. Wells advised that time had been spent with the procurement department looking at costs and underlying infrastructure costs and Cable and Wireless had been selected to provide the service, should the Committee approve.

It was agreed that members who wished to be provided with a Blackberry should hold the contract in their own name, although departments would be permitted to provide their Minister or Assistant Minister with a departmental Blackberry should they chose to do so. The Committee accordingly agreed that Mr. Wells enter into the agreement with Cable and Wireless.

The Committee thanked Mr. Wells for his attendance and he withdrew from the meeting.

Protocol in A3.  The  Committee,  with  reference  to  its  Minute  No.  A3  of  3rd  July  2009, respect of considered a report and proposition entitled: Code of Practice for Scrutiny Panels and visual/aural the  Public  Accounts  Committee:  Amendments  (P.112/2009  refers),  lodged "au footage of Greffe" on 6th July 2009 by the Chairmen's Committee.

scrutiny

meetings. The Committee noted that the above proposition sought to prohibit the taking of any (P.112/2009). type of film footage by members of the public at scrutiny hearings or meetings. The 510/1(42) Committee  was  being  asked  to  consider  whether  it  wished  to  comment  on  the

proposition.

The Committee discussed the matter and concluded that the Chairman should meet with the President of the Chairmen's Committee to discuss the issue.

States A4.  The  Committee  noted  correspondence,  dated  13th  July  2009,  from  the members' Chairman to the Editor of the Jersey Evening Post in connexion with the subject of remuneration: States members' remuneration.

letter from

Chairman to the The Committee noted that the Chairman had written in response to a letter from Mr. Jersey Evening B. Brady, which had been published on 13th July 2009. In her letter she had set out Post. the background to the establishment of the States Members' Remuneration Review 1240/3(73) Body  and  had  highlighted  the  fact  that  that  Body's  recommendations  were

automatically implemented without the need for a States' debate, unless they were challenged within one month of being published.

The Committee noted that the Chairman's letter had been published.

States of Jersey A5.  The  Committee  received  a  report  of  the  findings  of  the  States  of  Jersey Complaints Complaints Board in connexion with a complaint against a decision of the Minister Board: findings. for Planning and Environment.

1386/2/1/2

(286) The Committee noted that, in accordance with Article 9(9) of the Administrative

Decisions (Review) (Jersey) Law 1982, as amended, it was the duty of the Privileges and Procedures Committee to present the report to the States.

The  Committee  accordingly  approved  the  report  entitled:  States  of  Jersey Complaints Board: findings Complaint against a decision of the Minister for Planning and Environment regarding No. 3 Teighmore Park, Grouville ; and requested that it be presented to the States at the earliest opportunity.

The Committee Clerk was directed to take the necessary action.

States Members' A6.  The Committee, with reference to its  Minute No. A1 of 15th June 2009, Remuneration considered a report, dated 13th July 2009, which had been prepared by the Greffier of Review Body the  States  in  connexion  with  the  recommendations  of  the  States  Members' recommenda- Remuneration Review Body (SMRRB) on pensions and differential pay.

tions for 2009 to

2011. The Committee recalled the recommendations of the SMRRB for 2009 to 2011 and 1240/3(73) noted that, as the one month period had passed since the presentation of the Part 1

recommendations, these would be implemented by default.

The Committee considered in detail Part 2 of the Body's recent recommendations, concerning pensions, severance and differential pay. The Committee concurred with the  SMRRB's  recommendation  that  no  amendments  be  made  to  the  severance provisions. The Committee noted that differing views had been received on the issue of differential pay for members and concluded that it did not wish to pursue this issue at the present time.

The  Committee  supported  the  Body's  recommendation  that  some  form  of pension scheme be introduced for States members, and it was agreed that the Chairman should request the Review Body to undertake this work in advance of an "in principle" States decision to support a pension scheme.

The Committee Clerk was directed to take the necessary action.

Parliamentary A7.  The Committee received a report, dated 17th July 2009, from the Greffier of privilege in the States, in connexion with parliamentary privilege in Jersey.

Jersey.

1240/12(10) The  Committee  recalled  that  the  Chairman  had  undertaken  to  provide  a

comprehensive report on the position in Jersey on parliamentary privilege and the above report had been prepared to meet that undertaking. It was noted that the report provided a brief history of parliamentary privilege and summarised the main areas it covered, how the position in Jersey followed common law principles and statutory provision which existed in other jurisdictions.

The Committee agreed that the report should be presented to the States at the earliest opportunity.

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

States of Jersey A8.  The Committee considered a report dated 8th July 2009, which had been Complaints prepared by the Greffier of the States in connexion with the membership of the States Panel: of  Jersey  Complaints  Panel.  The  Committee  also  received  a  draft  report  and membership. proposition which proposed the appointment of 4 new members to the aforesaid 1386/6/1(5) Panel.

The Committee recalled that in adopting P.92/2009 the States had already approved the appointment of the Chairman, 2 Deputy Chairmen and 5 members on 17th June 2009. Following the completion of a selection process, carried out in accordance with the codes established by the Appointments Commission, it was now proposed to appoint a further 4 members -

Mr. C. Beirne Mr. R. Bonney Mr. F. Dearie Mr. S. Platt

The Committee accordingly approved the report and proposition which related to the appointment of the above individuals and requested that it be lodged "au Greffe" at the earliest opportunity. The Greffier of the States was directed to take the necessary action.

Discussion continued under the B Agenda.

Senator S. A9.  The  Committee, with  reference to  its  Minute No.  B2 of 24th June  2009, Syvret: vote of considered a report in connexion with its report and proposition entitled "Senator censure. Stuart Syvret: Vote of Censure" (P.107/2009 refers).

1240/9/2(56)

1240/9/2(57) The Committee noted that, in the light of charges which had been brought against

Senator Syvret by the States of Jersey Police, the debate on the proposition had initially  been  deferred  to  8th  September  2009.  The  proposition  had  then  been withdrawn during the States sitting of 16th July 2009 in view of the uncertainty regarding the date on which it could be debated.

The Committee noted that it reserved the right to re-present the proposition at a later stage, if necessary and appropriate.

Work A10.  The Committee received a report which set out details of its ongoing work programme: programme.

Privileges and

Procedures The Committee noted the following matters arising:

Committee.

465/1/(110) (a)   With reference to its Minute No. B4 of 19th June 2009, the Committee

agreed  that  the  sub-committee  considering  electoral  reform  should comprise:

Chairman:   D e puty C.H. Egré;

Members:   D  ep uty M. Tadier ;

R e p r es e n t a ti ve from the Comité des Connétable s.

T h e  Chairman agreed to seek a representative from the Comité at

the next meeting of the Comité des Connétable s.

(b)   The Committee, with reference to its Minute No. A2 of 3rd July 2009, recalled that the proposition entitled: Oral questions with notice: revised ballot procedures (P.105/2009 refers), lodged "au Greffe" on 29th June 2009  by   Deputy  M.   Tadier ,  had  been  approved  by  the  States. The Committee agreed that it would consider the procedure for dealing with questions which remained unanswered after the 2-hour period at a future meeting.