PPC Minutes 27th July 2010

A-CH/SC/217  275

PRIVILEGES AND PROCEDURES COMMITTEE (72nd Meeting)

27th July 2010

PART A

All members were present.

Connétable J. Gallichan of St. Mary, Chairman

Senator B.I. Le Marquand (not present for Item Nos. A1 to A6) Connétable P.F.M. Hanning of St. Saviour

Deputy J.B. Fox

Deputy J.A. Martin

Deputy C.H. Egré

Deputy M.R. Higgins (not present for Item Nos. A1 and B3)

In attendance -

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.

States Assembly A1.  The Committee received the States Assembly second quarter financial report second quarter and welcomed Finance and Administration Manager, Mrs. D. Abbot-McGuire. financial report

2010. The  Committee  noted  that  the  2%  savings  required  under  the  Comprehensive 422/10/1(53) Spending Review for 2011 had been accounted for, and noted the predicted total

under-spend of £146,706 for the year. This was as a result of a predicted Scrutiny under-spend of £212,700, offset by additional expenditure in areas including the Senatorial by-election, additional States sittings, and the development of the States Assembly website.

The Committee noted the position, and, having been thanked by the Chairman for her attendance, Mrs. Abbot-McGuire withdrew from the meeting.

Composition and A2.  The  Committee,  with  reference  to  its  Minute  No.  A4  of  13th  July  2010 election of the received a draft proposition in connexion with the composition and election of the States. States.

1240/22/1(50)

The Committee recalled that it had requested the Greffier of the States to draft the proposition in order to enable the States to facilitate a move to a Spring election and the  introduction  of  a  4-year  term  of  office.  The  Committee  discussed  the  draft proposition and accompanying report and considered the merit in introducing only partial reform and allowing the new States to decide whether or not to carry out further reform after 2011. It was agreed that it would be preferable for the Committee to put forward an entire reform proposal, which would reduce the number of Senators to 8 from October 2014 and bring about a general election in May 2019 and every 4 years thereafter.

The Committee therefore agreed that the proposition should be amended to include a proposal  to  elected  4  Senators  for  four-and-a-half  years  in  October  2014.  The Committee agreed that the necessary amendments should be carried out and the revised draft  proposition circulated to members  for approval  during the summer recess.

The Committee Clerk was directed to take the necessary action.

Pension scheme A3.  The  Committee,  with  reference  to  its  Minute  No.  A6  of  13th  July  2010 for States received a draft comment in respect of the proposition: Pension scheme for States Members Members,  lodged "au  Greffe" on  6th  July  2010  by   Deputy  P.V.F.  Le  Claire P.93/2010. (P.93/2010 refers).

1240/26(29)

The  Committee  noted  and approved  the  content  of  the  draft  comment,  and requested that it be presented to the States at the earliest opportunity.

The Committee Clerk was requested to take the necessary action.

Public Accounts A4.  The Committee, with reference to its Minute No. A10 of 13th July 2010 Committee: received a draft response to the recommendations of the Public Accounts Committee Jersey Heritage in its report: Jersey Heritage Trust – Financial Review, lodged "au Greffe" on 6th Trust – Financial July 2010 (P.A.C.3/2010 refers).

Review.

P.A.C.3/2010 The Committee considered the draft response, which outlined the current provision 512/7(6) under Standing Order 21 of the Standing Orders of the States of Jersey in respect of

the requirement to include a financial and manpower statement with all propositions lodged "au Greffe". The Committee considered that Standing Order 21(3) could be amended to require all members to consult with the relevant Minister when assessing the financial and manpower implications of a proposition. However, the Committee agreed that in some instances, this would not be necessary, and such a requirement was unwarranted. It was agreed that, as the facility was available for members to consult with Ministers, this should be utilised, and that proposers should also seek to discuss the implications of a proposition with the relevant accounting officer.

The Committee agreed that its response to the recommendations should be revised accordingly and requested the Chairman to send a letter to all States members to remind them of the benefit of carrying out sufficient research prior to making a financial and manpower statement.

The Committee Clerk was directed to take the necessary action.

Public Elections A5.  The Committee, with reference to its Minute No. A1 of 1st July 2010, noted Working Party. the following correspondence received in connexion with the report of the Public 465/7(8) Elections Working Party (R. 94/2010 refers):

1. c orrespondence from Deputy R.G.Le Hérissier, dated 15th July 2010, which provided  comments in  respect of  a  number of the recommendations made by the Working Party. It was noted that the Deputy 's contribution would  be considered  alongside all other consultation  responses received  in  connexion with  the  report at the Committee's meetinginSeptember2010;
2. c orrespondence, dated 19th July 2010, from Mr.M.F. Dubras, which proposed that a meeting bearrangedwiththeCommittee in order to discuss hisproposed model for future hustings meetings. It wasnoted that hustings meetingswerenotdealt with under the Public Elections (Jersey) Law2002,and were a matter for election candidates to arrange

as they saw fit. The Committee therefore did not consider it appropriate for it

to  participate  in  a  meeting  on  the  subject  and  the  Chairman  was requested  to  write  to  Mr.  Dubras  to  advise  him  accordingly.  Mr. Dubras' contribution to the consultation process on the report of the Public  Elections  Working  Party would  be  considered  alongside  the consultation  responses  received  at  the  Committee's  meeting  in September 2010.

Matters arising. A5.  The Committee noted the following matters arising:

1. co rrespondencedated 1st July 2010 from Deputy P.V.F.Le Claire which invited the Committeeto investigate the future provision of a course for States membersat the Institute ofLaw.The Committee had regard for the ongoingComprehensiveSpendingReview, and the lackof available budget, and agreed that it wouldnot wish topursuethe introduction of any such course at this time.TheChairmanwas requested toadvise the Deputy accordingly;
2. c orrespondence from Mr.D.Warcup,Acting Chief Officer,Statesof Jersey Police, dated 12th July 2010, regarding protective security advice to  States  Members. It was agreed that  it would be helpful for all members to begiven the opportunity to attend a training session in this respect later in the year, and that this should be incorporated into States members' induction sessions in future. TheCommitteealso agreed that members should  be advised  as to  the current  security arrangements within the States Building;
3. c orrespondence from the Chairman to Deputy P.J. Rondel, Chairman, Environment Scrutiny Panel,dated 16th July 2010, regarding the Time for Tap Water Campaign(MinuteNo.A9of the meeting of 13th July 2010 refers);
4. c orrespondence from the ChairmantoMr.G. Risoli, dated 19th July, regarding election hustings (MinuteNo.A8ofthe meeting of 13th July 2010 refers);
5. c orrespondence from the Chairman to the Editor, Jersey Evening Post, dated  21st  July  2010,  regarding  an article  which appeared in the newspaperon 20th July 2010inconnexion with the draft Freedom of Information (Jersey)Law201- on 20th July 2010.

Work A6.  The  Committee  noted  its  ongoing  work  programme,  and  agreed  that  the programme. following item should be added:

465/1(110)

(1) the  procedures  under  Article  9  of  the  States  of  Jersey  Law  2005 regarding the declaration to be made upon nomination for election.

Chairmen's A7.   The  Committee  received  an  update  from  Chairmen's  Committee Committee representative, Deputy M.R. Higgins.

update.

465/1(153) The Deputy stated that a number of members of Scrutiny were not content with the

current  Scrutiny  process.  The  Committee  noted  that  a  Working  Party  had  been established to review the proposition of Senator A. Breckon entitled: Machinery of government – amended  structure  (P.70/2010  refers)  and   Deputy  Higgins  was requested to invite the Chairmen's Committee to document its views in respect of the Senator's proposals.