PPC Minutes 26th January 2010

A-CH/SC/057  163

PRIVILEGES AND PROCEDURES COMMITTEE (49th Meeting)

26th January 2010

PART A

All members were present, with the exception of Deputy J.A. Martin, Deputy M. Tadier 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 C.H. Egré

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 meetings of 11th December 2009 (Part A and Part B);

22nd December 2009 (Part B only) and 30th December 2009 (Part A only); having been previously circulated, were taken as read and were confirmed.

Meeting dates for A2. T  he Committee agreed the following meeting dates for 2010: 2010.

26th January 29th June

9th February 13th July

2nd March 27th July

30th March 7th September

13th April 5th October

27th April 9th November

18th May 23rd November

1st June 14th December

The Chairman expressed concern regarding the late apologies given by members when they were unable to attend meetings, and asked that apologies be given as soon as possible in advance.

Standing Order A3. The  Committee  received  a  report  in  connexion  with  the  provisions  of 168 of the Standing  Order  168  of  the  Standing  Orders  of  the  States  of  Jersey,  and Standing Orders correspondence, dated 9th December 2009, from Mr. P. Griffin, Principal Valuer, of the States of Property Holdings.

Jersey.

450/2/1(17) The  Committee  welcomed  Mr.  Griffin  and  Mr.  M.  Grant,  Assistant  Director,

Property Holdings, who invited the Committee to undertake a review of Standing Order 168, with regard to the following:

1. t he procedure for entering into deeds of arrangement, which currently need to be lodged au Greffe' for debate by the States;
2. t he requirement under the draft Residential Tenancy (Jersey) Law 200- for 3 month's notice to be given in respect of the grant, renewal,

extension or variation of social housing agreements; and the current rule

under Standing Order 168(4) for all matters requiring more than one month's notice to be brought before the States; and

3. the  requirement  under  Standing  Order  168(3)  for  the  Minister  for Treasury and Resources to give 15 working days notice to the States before  any  binding  arrangement  would  be  made  for  the  disposal, acquisition, letting or rental of land on behalf of the public which did not require the prior agreement of the States.

Having discussed the boundary and contract matters to which deeds of arrangement usually applied, the Committee was minded to agree that these should no longer need to be lodged au Greffe' for debate by the States, but should be dealt with under delegated authority. With regard to paragraph (b), the Committee agreed that the grant, renewal, extension or variation of social housing agreements should not need  to  be  brought  before  the  States;  rather,  Standing  Order  168(4)  could  be amended in line with the draft Residential Tenancy (Jersey) Law 200- to require that all matters necessitating more than 3 months notice should be brought before the States. In respect of paragraph (c), it was noted that, between 1st July 2009 and 31st December 2009, the States Greffe had recorded 19 Ministerial Decisions which did not meet the requirement to give 15 days notice under Standing Order 168(3). Those present discussed whether a de minimis level should be set at which the States would not require 15 days notice, and any transactions which fell below this level (and did not require the prior agreement of the States) could be reported on a monthly basis, perhaps via e-mail.

It was agreed that Property Holdings should discuss the matter further with the Law Officers and the States Greffe, and that any recommendations should be brought back to the Committee for consideration at a future meeting.

Draft Freedom of A4. The Committee, with reference to its Minute No. A2 of 9th October 2009, Information received a bundle of documents prepared by the Deputy Greffier of the States in (Jersey) Law connexion with the draft Freedom of Information (Jersey) Law 200-.

201-.

670/1(14) The Committee had regard for the 35 responses to its report: Draft Freedom of Information Law Policy Paper': White Paper October 2009, presented to the States

DGOS on 14th October 2009 (R.114/2009 refers). The Committee also noted the draft Freedom of Information (Jersey) Regulations 200-. The Committee welcomed Mr. C. Borrowman, Assistant Law Draftsman, and considered the following areas:

Neither confirm nor deny

The Committee agreed that Article 10(2) should include a clause which would enable the public authority to refuse to inform the applicant as to whether or not it held the information, if this were considered to be in the public interest.

Appeals route

The  Committee agreed  that  appeals  should  be  passed  from  the  Information Commissioner to the Royal Court, and that a Tribunal would not be formed.

Powers of Information Commissioner

It was agreed that provision should be included within the draft legislation to enable the Information Commissioner to issue codes of practice and require the supply of information.

Definition of public authority

The Committee considered  the possible prejudice  to corporations in  which the States had a controlling interest, if they were to be included under Freedom of Information legislation. The view was expressed that they were governed by other legislation, and the committee asked whether members of the public could obtain information regarding such corporations, which was not already publicly available, by approaching the Treasury and Resources Department.  Subject to this being possible, it was agreed that corporations in which the States had a controlling interest should not be included in the draft legislation, subject to this being correct.

Citation and commencement

It was agreed that the legislation should be brought in by Appointed Day Acts. The Committee would recommend a lead in time of 5 years, due to the amount of preparation required in respect of records management, although it was noted that this decision would be taken at the implementation stage.

The  Committee requested  the  Assistant  Law  Draftsman  to  update  the  draft Freedom of Information (Jersey) Law 201- accordingly, for further consideration at the Committee's next scheduled meeting. It was agreed that the Committee would give further consideration to the draft Regulations at a future meeting.

Having  been  thanked  by  the  Chairman  for  his  attendance,  the  Assistant  Law Draftsman withdrew from the meeting.

States Business A5. The Committee, with reference to its Minute No. A3 of 11th December 2009, Organisation received an oral update from the Chairman of the States Business Organisation Sub- Sub-Group. Group, Deputy C.H. Egré.

465/1(136)

The Committee noted that 6 States members had made oral submissions to the Sub- Group on 14th and 15th January 2010. In addition, 3 written submissions had been received from individual members, as well as a further submission signed by 8 States  members.  It  was agreed  that  the  Sub-Group  should  write  to  all  States members to request further input into the review, to be received by Friday 26th February 2010.

The Committee Clerk was directed to take the necessary action.

Composition and A6. The Committee, with reference to its Minute No. A12 of 11th December election of the 2009, noted correspondence dated 14th January 2010 from the Minister for Treasury States: Single and Resources, Senator P.F.C. Ozouf , in connexion with the single election day. election day each

year. The Committee recalled that the Chairman had written to Senator Ozouf on 31st 1240/22/1(50) December 2009 to request his views on the practicalities of a revised date for the

single election day in 2011. Senator Ozouf had advised that timetables and key decision dates for future budgets and business plans would be considered as part of the ongoing Comprehensive Spending Review, and had suggested that a meeting be arranged to discuss the timing of the single election day for 2011.

It was noted that Senator Ozouf would attend the Committee's meeting on Tuesday 16th March 2010 to discuss the matter.

Election A7. The Committee, with reference to its Minute No. B1 of 9th October 2009, expenses received correspondence in connexion with free mailing for election candidates. legislation.

424/2(67) The Committee recalled that it had agreed to bring forward permanent legislation

based  on  the  triennial  Public  Elections  (Expenditure  and  Donations)  (Jersey) Regulations  2008.  The  Chairman  had  accordingly  written  to  the  Minister  for Treasury and Resources, Senator P.F.C. Ozouf , to request a meeting to discuss the matter, including the free posting of election material by candidates.

The Committee noted that Senator Ozouf had approached Jersey Post in respect of the proposal in e-mail correspondence dated 26th November 2009. It also noted correspondence dated 28th February and 4th April 2008 between the Greffier of the States and Jersey Post, and correspondence dated 10th and 11th July 2008 between the Chairman of the Privileges and Procedures Committee as previously constituted, and the former managing director of Jersey Post.

It was noted that Senator Ozouf would attend the Committee's meeting on Tuesday 16th March 2010 to discuss the matter.

Information A8. The Committee, with reference to its Minutes Nos. A1 of 22nd October 2009, technology and A3 of 27th November 2009, discussed information technology provision for provision for States members and the use of electronic equipment in the States Chamber.

States members.

1240/9/1(137) The Committee recalled that, at its meeting of 22nd October 2009, it had been 1240/26(9) minded to introduce a trial period during which members would be permitted to use

laptops in the States Chamber. However, this matter had been put on hold pending the  outcome  of  the  proposition  entitled,  Blackberries:  costs  for  Ministers  and Assistant Ministers and use in the Assembly, lodged au Greffe' on 29th October 2009 by Deputy T. Pitman. The proposition had been debated, and lost, during the States sitting of 20th January 2009. During this debate the Bailiff had made a ruling to ban the use of laptops in the States Chamber and to continue to permit the use of BlackBerries,  pending  a  proposition  on  the  matter  from  the  Privileges  and Procedures Committee.

Discussions in this regard continued under the B Agenda (Minute Nos. B2 and B3 of the same date refer).

Correspond-ence A9. The Committee received correspondence, dated 18th January 2010, from Mr. from Mr. B. B. R. Cooper, Honorary Secretary, Campaign for Constitutional Reform – Jersey, in Cooper. connexion with P.5/2009, Rôle of the unelected members of the States: review, 499/3(22) lodged "au Greffe" on 6th January 2010 by Deputy F.J.B. Hill, and adopted by the

States, as amended, on 4th February 2009.

The Committee noted that, in his letter, Mr. Cooper sought "a directive on the legal validity of the Agreement of 27th May 2003 entered into by the Office of the Lieutenant-Governor under advice of the Law Officers of the Crown to surrender a section of the Island Foreshore – contrary to the Laws of the Island." Mr. Cooper invited the Privileges and Procedures Committee to "extend the Agenda of the Review of the Crown Appointees to act as a Committee of Inquiry into the aforesaid Agreement and consequences of the involvement of any Crown Appointees without exemption or exception."

The Committee noted that the Chairman and members of the panel undertaking the review of the roles of the Bailiff , Attorney General and Solicitor General, had been appointed by the States on 3rd December 2009 and the review was underway. It agreed that the review panel could not be asked to look into the issue raised by Mr. Cooper,  and  the  Committee  agreed  that  it  could  not  support  Mr.  Cooper's suggestion that the terms of reference of the review should be extended.

The Chairman was requested to write to Mr. Cooper to advise him accordingly.