PPC Minutes 13th October 2010

PM/SC/286  315

PRIVILEGES AND PROCEDURES COMMITTEE (81st Meeting)

13th October 2010

PART A

All members were present.

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

Connétable P.F.M. Hanning of St. Saviour Deputy J.B. Fox

Deputy J.A. Martin

Deputy C.H. Egré

Deputy M.R. Higgins

In attendance -

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

P. Monamy, Acting Clerk to the Privileges and Procedures Committee

Note: The Minutes of this meeting comprise Part A only.

Code of Conduct: A1.  The Committee, with reference to its Minute No.  B1 of 5th October 2010, complaints considered a draft of a Report to be presented to the States regarding complaints against Senator which  had  been  made  against  Senator  B.E.  Shenton  in  respect  of  the  alleged B.E. Shenton recording and subsequent disclosure of a telephone conversation with Senator F.E. regarding the Cohen, Minister for Planning and Environment.

recording of a

telephone The  Committee  noted  that  the  Report  detailed  its  findings  in  respect  of  the conversation. investigation it had undertaken into the matter - including its discussion with Senator 1240/9/2(69) Shenton - and that it emphasised the Committee's role as one of investigating alleged

breaches of the Code of Conduct for Elected Members and reaffirmed that it had no remit in respect of matters arising under the Data Protection (Jersey) Law 2005 (although it had included in the Report a relevant statement which had been provided by the Data Protection Commissioner).

The  Committee,  having  made  a  number  of  minor  revisions  to  the  Report, approved it and requested the Greffier of the States to arrange for it to be presented to the States.

"States Members' A2.  The  Committee  considered  2  Amendments  to  the  Report  and  Proposition remuneration: entitled "States Members' remuneration: reconsideration of 2011 increase and repeal reconsideration of Article 44 of the States of Jersey Law 2005" (P.127/2010) which had been lodged of 2011 increase au Greffe' by Senator B.E. Shenton.

and repeal of

Article  44 of the The  Committee  noted  that   Deputy  J.A.  Martin  of  St.  Helier  had  proposed  the States of Jersey substitution  of  wording  in  paragraph  (b)  so  that  it  would  read: "to  agree  that Law Article  44 of the States of Jersey Law 2005, which currently prevents the payment of 2005" (P.127/2010) - different  amounts  of  remuneration  or  allowances  to  different  elected  members, Amendments. should be repealed and to agree that, following its repeal, the States Members' 450/1(14) Remuneration Review Body should be requested to  bring  forward  a scheme of 1240/3(73) differential remuneration for elected members for 2012 and beyond, including the

reintroduction of a means-tested system of remuneration which takes account of the total income of each individual States member, ensuring that there is nevertheless no overall increase (other than any normal annual inflationary increase) in the total budget for States members' remuneration."

The Committee noted that the Deputy of St. Mary had proposed the deletion from paragraph  (a)  of  the  words "in  light  of  current  and  projected  economic circumstances" on the basis that the Senator's proposal would tie the hands of the States  Members' Remuneration Review  Body  in  carrying  out its review of  the recommendations it had made in the Report presented to the States on 2nd July 2010 (R.93/2010 refers).

The Greffier of the States reported that correspondence was awaited from the States Members' Remuneration Review Body which would confirm that that entity would not  be  prepared  to  change  its recommendations  in  respect  of  States  Members' remuneration for 2011. The Committee accordingly agreed to present to the States comments  on  the  above-mentioned  Amendments  outlining  the  views  of  the Remuneration Review Body and emphasising that in any event individual States members were not obliged to accept a salary or any increase thereto which might be proposed.

The  Greffier  of  the  States  was  requested  to  arrange  for  the  Committee's comments to be presented to the States in due course.