PPC Minutes 15th June 2010

A-CH/SC/179  247

PRIVILEGES AND PROCEDURES COMMITTEE (66th Meeting)

15th June 2010

PART A

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

Connétable J. Gallichan of St. Mary , Chairman

Senator B.I. Le Marquand (not present for item Nos. A7, A8, B1 and B2) Connétable P.F.M. Hanning of St. Saviour

Deputy J.B. Fox

Deputy J.A. Martin (not present for item Nos. A8, B1 and B2)

Deputy C.H. Egré

In attendance -

Connétable J.M. Réfault of St. Peter (item No. A5 only) N. Wells, Director, Information Services (item No. A6 only) M.N. de la Haye, Greffier of the States (not present for item No. A7) 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 1st June (Part A and Part B), having been

previously circulated, were taken as read and were confirmed.

Draft Freedom of A2. The Committee, with reference to its Minute No. A6 of 27th April 2010, Information received  the  Draft  Freedom  of  Information  (Jersey)  Law  201- and  the  draft (Jersey) Law accompanying report.

201-.

670/1(21) The Committee considered the content of the draft report and noted the comparison

of provisions contained within the draft legislation and the currently adopted Code of Practice for Public Access to Official Information. The Committee discussed whether a person or company would be able to dispute the content of information pertaining  to  them  following  its  release  under  the  Law.  It  was  noted  that,  in accordance with the draft legislation, the Information Commissioner could issue a practice direction to provide that, as a courtesy, relevant parties should be informed that  information pertaining  to  them was  due  to be  released.  It  was  noted  that information would only need to be assessed in respect of the provisions of the Law upon receipt of a request for its release.

It was agreed that the Draft Freedom of Information (Jersey) Law 201- should be forwarded  to  H.M.  Attorney  General  for  an  assessment  of  its  human  rights compliance and of penalties. It was agreed that members would give in-depth consideration  to  the  draft accompanying  report, and forward any  comments  or amendments to the Deputy Greffier of the States by close of business on Monday 5th July 2010. The Committee agreed that it intended to sign off the draft report and proposition on 13th July 2010, to be lodged au Greffe' for debate on 19th October 2010. A briefing for all States members would be held on 20th September 2010.

The Deputy Greffier of the States was requested to take the necessary action.

Machinery of A3. The Committee, with reference to its Minute No. A3 of 18th May 2010, Government. welcomed Connétable J.M. Réfault, who had been invited to address the Committee 465/1(136) in connexion with the machinery of government in the Isle of Man.

The Connétable had been invited to address the Committee in the light of the recommendation  of  the  States  Business  Organisation  Sub-Group  that  a  review should  be  undertaken  into  the  machinery  of  government  in  Jersey  (R.59/2010 refers). The Committee noted that it would hold further discussions in this respect upon  its  consideration  of  the  proposition  of  Senator  A.  Breckon,  entitled – Machinery of Government: amended structure, lodged au Greffe' on 3rd June 2010 (P.70/2010 and Minute No. A5 of the present meeting refers).

The Committee heard from Connétable Réfault and noted that he and Deputy J.B. Fox had recently visited the Isle of Man for the Commonwealth Parliamentary Association  British  Islands  and  Mediterranean  Region  Conference.   Connétable Réfault considered that Jersey could benefit from detailed consideration of the Isle of  Man  system  of  government,  wherein  the  Chief  Minister  was  nominated  by Tynwald, and the Ministers were appointed upon the recommendation of the Chief Minister. Ministers were then assigned to each Department by the Chief Minister and Assistant Ministers would be appointed to oversee specific areas within each Department.  The   Connétable  advised  the  Committee  that  this  resulted  in  a significant level of involvement from all members, and a corresponding sense of responsibility  and  ownership.  The   Connétable  concluded  that  there  was  a requirement to amend the current system of government in Jersey in order to allow all States members to feel actively engaged.

Connétable Réfault, having been thanked the by the Chairman for his attendance, withdrew from the meeting.

Information A4. The Committee, with reference to its Minute No. A4 of 18th May 2010, gave technology further  consideration  to  the  provision  of  information  technology  for  States provision for members. The Committee welcomed the Director of Information Services, Mr. N. States members. Wells, in this connexion.

1240/9/1(137)

871(11) The Committee discussed the provision of BlackBerries and broadband connections

for States members with Mr. Wells, as well as the operating systems currently supported by the Information Services Department. It was agreed that there was a requirement for the information technology provision for States members to be standardised  and  a  discussion  ensued  in  respect  of  the  options  available.  In conclusion, it was agreed that Mr. Wells would provide the Committee with a schedule detailing the products and services currently provided to States members, the  cost  of  those  products  and  services,  and  the  Departments  responsible  for meeting the costs. Mr. Wells would also investigate the ability of Information Services to support Apple technology.

It was agreed that all the facilities currently available to States members should be examined in conjunction with those which may be of benefit, and a proposal drawn up which would enable members to opt into an information services package within a specific cost envelope, with the option of requesting additional facilities at their own cost.

Machinery of A5. T  he Committee received the proposition entitled – Machinery of Government: Government: amended structure, lodged au Greffe' on 3rd June 2010 by Senator A. Breckon

amended (P.70/2010 refers).

structure.

P.70/2010. The Committee noted that the proposition asked the States to decide whether the 450/2/1(26) current system of government in Jersey should be amended, with a view to a revised

system being introduced in 2011 after the next ordinary elections. The Committee, with regard to its Minute No. A3 of the present meeting, noted that it was in the process  of  carrying  out  work  in  relation  to  the  current  system  of  government following the publication of the report of the States Business Organisation Sub- Group (R.59/2010 refers). Consideration would now be given to the establishment of a review into the machinery of government, in accordance with the Sub-Group's recommendation. It was therefore agreed that the Committee would wish to discuss the content of Senator Breckon's proposition with him prior to its scheduled debate on 6th July 2010. It was also agreed that it would be preferable for the debate to be deferred  until  the  machinery  of  government  review  had  been  undertaken.  The Committee noted that consideration would need to be given to the method, cost, and expediency of commissioning such a review.

The Chairman was accordingly requested to invite Senator Breckon to attend a Committee meeting to discuss the proposition, with a view to its deferral in order for a full review to be undertaken into the current system of government. It was also agreed that an amendment to the proposition should be drafted which, if adopted, would require the Committee to evaluate the options set out in the proposition, rather than require their adoption, should Senator Breckon decline to defer the debate.

The Committee Clerk was requested to take the necessary action.

States Members' A6. The  Committee,  with  reference  to  its  Minute  No.  A2  of  1st  June  2010 Remuneration welcomed the Chairman of the States Members' Remuneration Review Body, Mr. Review Body. J. Rogers, and Remuneration Body members Mr. J. Mills, Mr. B. Bullock, and Mr. 1240/3(73) M. Dubras in connexion with the ongoing consideration of members' remuneration.

Mr. Rogers thanked the Committee for the opportunity to discuss the work being carried out by the Review Body. The Committee discussed the position in respect of the possible provision of pensions for States members, with regard to the current economic situation and the Comprehensive Spending Review. Consideration was also given to the level of basic remuneration for States members and allowances. It was agreed that, should the Committee wish to refer the matter of allowances to the Review Body, it would be willing to consider making recommendations in this respect. With regard to the status and terms of reference of the Review Body, the Committee  noted  that,  currently,  the  terms  of  office  of  its  members  expired concurrently. It was agreed that it may be preferable for some continuity to be established, with the appointment of members being on a rolling basis.

It was agreed that the Review Body and the Committee should meet on an annual basis. It was also agreed that the Review Body would produce a report containing its recommendations for 2011 and would then be in a position to produce a report in connexion  with  members' remuneration  for  the  first  year  of  the  newly-elected Assembly.

Standing Order A7. The  Committee,  with  reference  to  its  Minute  No.  A3  of  1st  June  2010 168 of the received a draft comment in connexion with the proposition entitled - Disposal of Standing Orders States Property: revised procedure, lodged au Greffe' on 25th May 2010 by Deputy of the States of P.V.F. Le Claire of St. Helier (P.63/2010 refers).

Jersey.

P.63/2010 (re- The Committee recalled that the proposition asked the States to decide whether issue). revised procedures should be introduced in respect of Ministerial Decisions made 450/2/1(17) under the provisions of Standing Order 168. The content of the Committee's draft comment  reflected  the  discussions  held  with  Mr.  P.  Griffin,  Principal  Valuer,

Property Holdings, and Mr. M. Grant, Assistant Director, Property Holdings, at the

Committee's meeting on 26th January 2010.

The Committee, having considered the content of the draft comment, accordingly approved the same and requested that it be forwarded to the Director, Property Holdings, for consideration, prior to being presented to the States.

The Deputy Greffier of the States was requested to take the necessary action. Matters arising. A8. T he Committee noted the following matters arising:

1. t he Chairman would attend a hearing of the Corporate Services Scrutiny Panel on Friday 18th June 2010 in connexion with the Panel's review of the Comprehensive Spending Review. The Committee received a question plan prepared by the Panel and discussed possible responses in respect of Committee's decision to participate in the Comprehensive Spending Review.
2. t he Committee noted its ongoing work programme, with particular regard to the duplication of written and oral questions in the States. It was agreed that it would be acceptable for a member to answer only one duplicated question, and, in answer to the remaining question, to simply refer to the former response.