PPC Minutes 1st May 2009

A-CH/SC/153  50

PRIVILEGES AND PROCEDURES COMMITTEE (13th Meeting)

1st May 2009

PART A

All members were present, with the exception of Deputy C.H. Egré and Deputy M.R. Higgins, from whom apologies had been received.

Connétable J. Gallichan of St. Mary, Chairman Senator B.I. Le Marquand

Deputy J.B. Fox

Deputy J.A. Martin

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-C. 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 meeting of 27th March 2009 (Part A and Part B), having

been previously circulated, were taken as read and were confirmed.

Definition of A2.  The Committee considered a report by the Greffier of the States dated 27th media'. April 2009 in connexion with the definition of the term media'.

465/4(7)

The Committee noted the content of the report, as well as correspondence dated 29th April 2009, addressed to the Greffier of the States, from Mr. M. Dun and Mr. N. McMurray  entitled: "Privileges  and  Procedures  Committee  and  the  definition  of media'".

The Committee discussed the request of Mr. Dun and Mr. McMurray for public facilities and access to government activities to be improved through the provision of lift access to the public galleries of the States Chamber, together with public toilets, a sound system and more appropriate seating. It was noted that, due to the constraints of the historic building, it had not been possible during the building's refurbishment for lift access to the public galleries to be installed.

The Committee agreed that it would wish to consider its current policy with regard to mailing documents to the media and that consideration should also be given to the provision of improved writing facilities in the public gallery. It was suggested that a public  hearing  could  take  place  at  which  interested  parties  could  address  the Committee in relation to the topic.

Code of Conduct A3.  The Committee considered the proposition lodged au Greffe' on 20th April for Elected 2009 by the Deputy of St. John entitled "Code of Conduct for Elected Members of Members of the the States: review" (P. 63/2009 refers).

States: review

P.63/2009. The Committee, with reference to its Minute No. B1 of 1st May 2009, recalled that it 1240/4(166) planned to undertake a review of the sanctions available under the Code of Conduct,

and considered that, while the Code may not be defective in its current form, it may not be entirely effective due to a possible lack of sanctions should a breach of the Code occur.

The Committee therefore agreed to look into bringing forward measures in early course  to  ensure  that  States  members  would  have  greater  incentive  to  maintain acceptable standards of behaviour in accordance with the Code of Conduct. It was also agreed that, while the Committee had not intended to examine the Code itself as part of its review, as requested in the Deputy of St. John's proposition, it would be content to do so, should members of the States so wish.

The Committee agreed to present a comment to the States expressing its support for the proposition; however, members agreed that they would not wish to comment on the report which accompanied the proposition.

The Committee Clerk was directed to take the necessary action.

Composition and A4.  The  Committee, with  reference to  its  Minute No.  B1 of 2nd April  2009, election of the considered a report by the Greffier of the States in connexion with proposals for the States. revision of the composition and election of the States.

465/1(75)

The Committee recalled that it had considered a draft report and proposition in relation to the composition and election of the States and had agreed that further consideration needed to be given to the options in connexion with the division of the Island into large electoral districts.

The Committee noted that the proposed revised structure consisted of 12 Connétable s and other members elected in 6 large electoral districts. The Committee considered possible divisions of the Island into 6 large districts and then assessed from those how many members there should be in total in the districts. The Committee noted the parish  population  figures  from  the  2001  census,  together  with  the  number  of registered  electors  at  the  2008  Senatorial  election,  alongside  two  possible  large constituency models. It was agreed that the first proposal for the division of the Island would be a model that could be followed if the concept of large electoral districts were to be accepted by the States and the electorate, and that this should be detailed in the draft proposition to the States.

The  Committee  considered  whether  further  consultation  and  research  should  be undertaken before it put forward the proposition, but concluded that, rather than repeat the consultation, it remained preferable to build on the work already carried out, and to take the matter forward. The Committee agreed that, in order to allow States members time to consider the proposition fully and to lodge any amendments, it would seek a debate after 8 weeks rather than the minimum 6 weeks required under Standing Orders.

The Greffier of the States was requested to amend the draft report and proposition in line with the Committee's discussions, and to present the revised version to the Committee for approval in early course.

Draft Freedom of A5.  The Committee, with reference to its Minute No. B1 of 13th March 2009, Information noted  that  the   Deputy  Commissioner  for  Freedom  of  Information  in  the  United (Jersey) Law Kingdom, Mr. G. Smith, had agreed to meet with members to discuss the Draft 200-. Freedom of Information (Jersey) Law 200- on Friday 22nd May 2009.

670(1)

The Committee agreed that it would meet with the Deputy Commissioner on the morning of 22nd May 2009 to discuss matters in relation to the draft legislation, including exemptions, the appeals process, and implementation of the Law. This would be followed by a States members' forum at which the Deputy Commissioner would be invited to give a brief presentation, and the day would conclude with a follow-up meeting with the Committee in the afternoon. The Committee requested that the proceedings be recorded.

The Deputy Greffier of the States was directed to take the necessary action. Matters arising. A6. The Committee noted the following matter arising –

a) c orrespondence dated 27th April 2009 from the President of the Chairmen's Committee regarding the allocation of the Blampied and Le Capelain Rooms to a function other than scrutiny with the agreement of the Privileges and Procedures Committee as previously constituted. It was noted that the Privileges and Procedures Committee had included a representative of the Chairmen's Committee at the time the decision was made; that these were exceptional circumstances; and that the Committee would not normally accede to such requests. The Chairman was requested to write to the President in this regard.