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PPC Minutes 28th August 2009

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A-CH/SC/251  116

PRIVILEGES AND PROCEDURES COMMITTEE

(33rd Meeting)

28th August 2009

(Business in respect of Item No. A2 conducted by electronic mail) PART A

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

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

Deputy C.H. Egré

Deputy M. Tadier

In attendance -

Mrs. A.H. Harris , Deputy Greffier of the States (Item No. A1 only)

Miss A-C. Heuston, Clerk to the Privileges and Procedures Committee Note: The Minutes of this meeting comprise Part A only.

Draft Freedom of A1.  The Committee, with reference to its  Minute No. A3 of 19th June 2009, Information considered a draft Green Paper entitled "Draft Freedom of Information Law 2009, (Jersey) Law Discussion Paper".

200-: discussion

paper. The paper set out the work which had been undertaken to develop the draft Freedom 670/1(14) of Information Law 200-, the key policies upon which the draft Law had been based,

and the proposals currently being considered by the Committee. The Committee discussed a number of matters, including whether an information tribunal or the Royal Court should hear appeals. The Committee considered which quasi public bodies and more remote public authorities should be covered by the legislation, discussed restricted and qualified information, and noted that any fees in respect of applications would be covered by Regulations.  

The Committee was minded to establish an information tribunal and the Deputy Greffier of the States was requested to write to Mrs. E. Martins, Data Protection Commissioner, to request her comments in this regard. The Deputy Greffier was also directed to consult with the States of Jersey Police in respect of Article 40 Law enforcement'.

The  Committee,  having  considered  and  discussed  the  content  of  the  paper, agreed  a  number  of  amendments.  It  also  agreed  that,  once  finalised,  the document should be presented to the States as a White Paper, rather than a Green  Paper,  and  that  the  public  and  stakeholders  should  be  invited  to comment on the proposals.

The Deputy Greffier of the States was requested to make the necessary amendments to the draft.

States of Jersey A2.  The Committee received a report of the States of Jersey Complaints Board Complaints detailing its findings in connexion with a complaint against a decision of the Minister Board: findings. for Planning and Environment.

1386/2/1/2 (290)

In  accordance  with  Article  9(9)  of  the  Administrative  Decisions  (Review) (Jersey) Law 1982, as amended, the Committee agreed to present the report entitled States of  Jersey Complaints Board: findings – Complaint against a decision of the Minister for Planning and Environment regarding the refusal for permission to change a dormer window into a bi-folding door and balcony,' to the States on 3rd September 2009.

The Committee Clerk was directed to take the necessary action.