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PPC Minutes 3rd July 2009

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A-CH/SC/196  98

PRIVILEGES AND PROCEDURES COMMITTEE (27th Meeting)

3rd 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

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

States meeting A1. The Committee considered a report of the Greffier of the States in connexion dates for 2010. with States meeting dates for 2010.

1240/2(75)

The Committee noted that it was asked to agree a list of proposed States meeting dates for 2010 and to present it to the States in accordance with Standing Order 38 of  the  Standing  Orders  of  the  States  of  Jersey.  The  Committee,  as  previously constituted, had decided that States meetings should not take place during the school holidays if at all possible, and the draft list had been drawn up in line with that decision.

The Committee considered the list of dates and the manner in which States business was progressing during 2009. It was agreed that the second sitting in July 2010 should begin on 19th July 2010 rather than 20th July 2010, as proposed in the draft, in order to ensure the completion of business prior to the summer recess.

The Committee accordingly agreed that the Committee would fix the following dates for meetings of the States in 2010:

Sitting Date Continuation (if necessary) F ir s t  S ession

19th January 20th and 21st January

2nd February 3rd and 4th February

23rd February 24th and 25th February

9th March 10th and 11th March

23rd March 24th and 25th March

20th April 21st and 22nd April

11th May 12th and 13th May

25th May 26th and 27th May

8th June 9th and 10th June

22nd June 23rd and 25th June

6th July 7th and 8th July

19th July 20th, 21st and 22nd July

S ec on d session

14th September 15th and 16th September 28th September 29th and 30th September 12th October 13th and 14th October 19th October 20th and 21st October 2nd November 3rd and 4th November 16th November 17th and 18th November 30th November 1st and 2nd December 7th December 8th and 9th December

The Committee accordingly approved the 2010 sessions and requested that the list be presented to the States at the earliest opportunity.

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

Oral questions A2. The  Committee  considered  the  proposition  entitled Oral  questions  with with notice: notice: revised ballot procedures' (P.105/2009 refers), lodged au Greffe' on 29th revised ballot June 2009 by Deputy M. Tadier of St. Brelade .

procedures.

450/2/1(16) The Committee noted that the proposition requested the States to consider whether

Standing Order 14 should be amended to provide that members submitting 2 oral questions with notice should indicate which of those questions was the member's first priority' and that, after the deadline for the submission of oral questions with notice had passed, the Greffier would undertake a series of ballots to determine the order in which they would be listed on the Order Paper. The Committee also noted that, should the States approve the proposition, it would be requested to bring forward for approval the necessary amendment to Standing Orders to give effect to the proposal.

The Committee agreed that it supported the proposition and that a comment to that effect should be presented to the States at the earliest opportunity.

The Committee Clerk was directed to take the necessary action.

Protocol in A3. The Committee, with reference to its Minute No. A4 of 15th May 2009, respect of received  correspondence  dated  29th  June  2009  from  the  President  of  the visual/oral; Chairmen's Committee, Senator B.E. Shenton, in connexion with the taking of footage of footage of scrutiny meetings and hearings.

scrutiny

meetings. The Committee noted a draft report and proposition of the Chairmen's Committee 510/1(42) in this regard, which was due to be lodged au Greffe' forthwith. The proposition

asked the States to decide whether the Code of Practice for Scrutiny Panels and the Public Accounts Committee should be amended to include statements that the taking of any type of footage of scrutiny hearings and meetings by members of the public,  would  not  be  permitted,  unless  carried  out  by  those  people "working professionally for a recognised commercial media organisation".

The  Committee  questioned  the  use  of  the  word "footage" within  the  draft proposition and suggested that "recording" might be a more appropriate term, as it was  assumed  that  audio  recording  was  also  to  be  taken  into  account.  The Committee also considered that the word "commercial" could be deleted from the proposed new paragraph 10.5 of the code.

The  Chairman  was  requested  to  advise  the  President  of  the  Chairmen's Committee of the Committee's concerns regarding the proposition as presently drafted. The Committee considered that it would be content to meet with the President to discuss the matter, should he so wish.

The  Committee  noted  that,  as  this  matter  was  not  exclusive  to  scrutiny,  the President  had  also  requested  that  a  meeting  be  held  between  the  Chairmen's Committee and the Privileges and Procedures Committee, to which all media and other interested parties should be invited. The Committee agreed that it would wish to know more with regard to the purpose of such a meeting prior to arranging a convenient date.

Support for A4. The Committee, with reference to its Minute No. A5 of 15th March 2009, States Members. considered a draft questionnaire in connexion with States Members' facilities. 1240/9/1(151)

The Committee noted that the questionnaire asked members to consider ways in which  facilities  could  be  improved,  and  acknowledged  that  any  improvements would have budgetary implications.

The  Committee  discussed  the  possible  appointment  of  research  staff  to  assist members with their work. Consideration was given to matters such as location, staffing, and funding, including whether States Members would be prepared to contribute financially towards the provision of additional facilities.

A number of amendments to the draft questionnaire were agreed, and the Greffier of the States was directed to re-draft the questionnaire accordingly.

Distribution of A5. The Committee discussed the distribution of propositions and reports by the propositions and ushers in the States Chamber during sittings.

reports.

1240(211) The  Committee  recognised  that  it  could  be  disruptive  for  members  to  receive

material that was not directly relevant to the business being conducted, as desk space was limited.

It  was  agreed  that,  in  future,  the  ushers  should  be  asked  to  place  such documents in members' pigeonholes outside the Chamber unless they were of direct relevance to the business of the day.

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

Quorum in the A6. The Committee discussed quorum in the States Chamber, with particular States Chamber. regard to debates during which large numbers of members were obliged to declare 1240(212) an interest and withdraw.

The Committee noted that, in accordance with Article 15 of the States of Jersey Law 2005, the quorum of the States was 27 elected members. It was suggested that one solution could be to amend the Law to set quorum at half the number of members who had not declared an interest.

The Committee resolved to consider the matter at a later meeting when it would also discuss members' responsibilities in accordance with their Oath of Office, as well as members' attendance at roll call and during States sittings.

Composition and A7. The Committee discussed the proposition entitled: Composition and election election of the of the States: single election day each year', lodged au Greffe' on 30th June 2009 States: single by Deputy J.A.N. Le Fondré of St. Lawrence (P.109/2009 refers).

election day each

year. The Committee considered this with regard to its proposition entitled: Composition 1240/22/1(50) and election of the States: revised structure', lodged au Greffe' by the Committee

on 19th May 2009, and scheduled for debate on 8th September 2009 (P.72/2009 refers).

The Committee agreed that, while it supported the concept of a single election day in each year, this should be achieved through a general election when the entire membership of the Assembly would be renewed on one single day every 4 years, as set out in P.72/2009. With reference to its Minute No. A2 of 15th May 2009, the Committee recalled its discussions with representatives of the Jurats and Judicial Greffe in connexion with the administration of the 2008 elections, and that one topic highlighted for further discussion was the number of elections which should be held at any one time. The Committee agreed that it did not support a proposition which dealt solely with this aspect of the elections without having undertaken any consultation as to the possible ramifications.

The Committee also noted that Deputy Le Fondré had requested that his proposition be debated before P.72/2009. This was not considered appropriate, as, until the future composition of the Assembly had been agreed, the Committee felt that it would not be possible for members to have a meaningful debate about the feasibility of holding all elections on one single election day.

The Committee agreed that it would wish to present a comment to the States on Deputy Le Fondré's proposition, outlining its concerns.

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