PPC Minutes 30th March 2010

A-CH/JAC/109  204

PRIVILEGES AND PROCEDURES COMMITTEE (57th Meeting)

30th March 2010

PART A

All members were present, with the exception of Senator B.I. Le Marquand, 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  (not  present  for  item  Nos.  A3  to  A7  and  B2  to  B6 inclusive)

Deputy M.R. Higgins

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.

States Assembly A1.  The Committee received the draft States Assembly Annual Report 2009, and annual report an associated report prepared by the Greffier of the States, dated 23rd March 2010. 2009.

1240/25(4) The Committee recalled that it was required by Standing Orders to produce an annual

report of the work of the Assembly, and that 3 such reports had been presented since the requirement had been introduced. The Committee noted that the Chairmen's Committee was required by Standing Order 143(d) to produce an annual report for inclusion in the overall report. This had been approved by the Chairmen's Committee and was attached as Section 4.

The Committee approved the report for presentation to the States and asked the Chairman to write an appropriate introduction. The Greffier of the States was also requested to invite the Bailiff , as President of the States, to write a foreword to the report.

Draft Freedom of A2.  The Committee, with reference to its Minute No. A1 of 22nd March 2010, Information recalled  the  visit  to  Jersey  of  Mrs.  J.  Dilbert,  M.B.E.,  J.P.,  Information (Jersey) Law Commissioner, Cayman Islands, in connexion with the Draft Freedom of Information 201-. (Jersey) Law 201-.

670/1(14)

The Committee recalled that Mrs. Dilbert had provided an insight into the challenges and opportunities faced through the establishment and operation of a freedom of information law through her own experiences in the Cayman Islands. The Chairman was requested to write to Mrs. Dilbert to thank her for taking the time to address the Committee,  officers  and  States  Members  on  the  implementation  of  freedom  of

information legislation in the Cayman Islands.

It was also noted that the Chairman, Deputy J.B. Fox, Deputy C.H. Egré and Deputy M.R. Higgins, would attend a meeting of the Council of Ministers on 1st April 2010 to discuss the draft Freedom of Information (Jersey) Law 201-. The Committee recognised that the Council of Ministers was likely to express concern regarding the possible  resource  and  manpower  costs  associated  with  the  implementation  of freedom of information legislation. The Committee noted the position in respect of fees for the provision of information in the United Kingdom and agreed to hold further  discussions  in  respect  of  the  Draft  Freedom  of  Information  (Jersey) Regulations 201- at a future meeting.

Resignation of A3.  The  Committee  received  correspondence  addressed  to  the  Chairman  from Deputy M. Deputy M. Tadier , dated 30th March 2010, advising of his resignation from the Tadier . Committee. Deputy Tadier was not present for this item.

465/1(144)

Deputy Tadier sought to resign from the Committee with immediate effect; however, it was acknowledged that, in accordance with Standing Order 129 of the Standing Orders of the States of Jersey, a member of the Committee could only resign during a meeting of the States, by personally informing the States; or by giving written notice to  the   Bailiff .  The  Greffier  of  the  States  was requested  to  notify  the   Deputy accordingly. The Committee noted that Deputy Tadier would make a full statement in due course.

Review of the A4.  The Committee, with reference to its Minute No. A6 of 2nd March 2010, Code of Conduct received a report prepared by the Greffier of the States in connexion with disciplinary for Elected sanctions, and a draft amendment to Standing Orders prepared by the Law Draftsman Members and in accordance with the Committee's report: Code of Conduct for Elected Members disciplinary and disciplinary sanctions: review, which had been presented to the States on 16th sanctions October 2009 (R.116/2009 refers). Deputy M. Tadier was not present for this item. 1240/4(166)

The Committee recalled that it had requested certain amendments to the draft report and proposition entitled: Draft Amendment (No. 13) of the Standing Orders of the States of Jersey. The revised draft made it clear that a suspension proposition brought by the Committee would not need any additional signatures, as the Committee would consist of 7 members and all decisions would be made by a majority in the usual way. Should the Committee decide not to go ahead with a suspension proposition after a proper investigation, any other member who decided to bring the proposition would require 6 signatures in order to prove a certain measure of support. It was noted that the report now specified that complaints would be dealt with as quickly as possible and that a protocol would be developed to set out the procedure for dealing with complaints.

Having considered the revised draft report and proposition, the Committee requested the Greffier of the States to lodge Draft Amendment (No. 13) of the Standing Orders of the States of Jersey au Greffe' for debate by the States.

Composition and A5.  The Committee, with reference to its Minute No. A2 of 16th March 2010, gave election of the further consideration to the appropriate date for the single election day in the autumn States: Single of 2011. Deputy M. Tadier was not present for the consideration of this item.

election day each

year. The Committee noted that 2011 would mark the end of the transitional arrangements 1240/22/1(50) for Connétable s and all 12 Connétable s would therefore need to be elected on the

same single election day as 6 Senators and all 29 Deputies. The Committee recalled that, on 16th March 2010, it had agreed that the elections should take place on Wednesday 19th October 2011, or, if a Saturday election had been introduced, on Saturday 15th October 2011. This would require an amendment to the States of Jersey Law 2005. The Committee discussed whether the introduction of a single election day should be linked to any wider reform, such as a 4-year term of office, a move to a spring election, or a reduction in the number of members. The Committee referred to extracts from the Official Report (Hansard') of 10th September 2009 when the single election day proposal had been agreed by the States, and noted calls from members for the change to be brought forward in isolation. In order to allow the necessary amendments to the States of Jersey Law 2005 to be made in good time before the proposed single election day, it was agreed that the matter should be moved forward as soon as possible. It was therefore agreed that the Committee would pursue the matter of the single election date only at present, and that it would be minded to carry out a separate body of work in respect of any other reform measures, to be brought forward at a later date.

The Greffier of the States was accordingly requested to instruct the Law Draftsman to draft an amendment to bring into effect the single election date only. It was agreed that the States should be notified at the time of lodging that the Committee would look into other possible areas of reform separately.

Article 8(2) of A6.  The Committee, with reference to its Minute No. A3 of 3rd March 2010, the States of received a report prepared by the Greffier of the States in connexion with the possible Jersey Law 2005. revision of Article 8(2) of the States of Jersey Law 2005. Deputy M. Tadier was not 450(9) present for the consideration of this item.

The Committee noted that, in accordance with the current provision under Article 8 (2) of the States of Jersey Law 2005, a member would be disqualified if he or she had not been resident in Jersey for a period of 6 months. As such, a member could theoretically be elected for 6 years, reside in Jersey, never attend a meeting of the Assembly, and not be disqualified automatically. The Committee did not consider this position to be satisfactory, and recalled that at its meeting of 2nd March 2010 it had requested information about the provisions of the Public Elections (Jersey) Law 2002 relating to eligibility for electoral registration as a voter. In accordance with Article 5(1)(c) of the Law, electoral registration was linked to a period of 6 months ordinary residence. Accordingly there would not be any advantage in trying to link disqualification  from  the  States  to  the  conditions  for  electoral  registration.  The Committee discussed an alternative system of linking disqualification to a period of unexcused  absence  from  the  States.  It  was  noted  that,  if  this  was  considered appropriate, it might be necessary to provide that disqualification would arise from either a period of continuous absence, or from a given number of absences in a certain period of time. If the rule related to continuous absence only, a member could frustrate  the  process  by  attending  the  Assembly  very  infrequently  to  break  the continuous period and avoid disqualification. The Committee noted that, should it wish to introduce a provision of this type it would only apply in cases of unexcused absence when the member was en défaut. It would be inappropriate for the rule to apply if a member had been unwell or was excused for a valid reason that had been accepted by members.

Having  discussed  various  permutations,  the  Committee agreed  that  it  would  be minded to draft an amendment to Article 8(2) of the States of Jersey Law 2005 to provide that a member who was not resident in Jersey for a period of 3 months without  the  approval  of  the  States  Assembly,  or  who  was en  défaut  for  12 consecutive States meeting days, would be disqualified. It was agreed that some mechanism would need to be found to ensure that a member could not frustrate the system by coming periodically but not being absent for twelve consecutive meetings.  The Greffier of the States was requested to take the necessary action.

Matters for A7. The Committee noted the following matters for information: information.

1. correspondence sent by the Chairman following the Committee's meeting on 16th March2010:

1. to the Presidentof the Chairmen'sCommittee dated 17th March 2010 regarding the report of the MediaWorking Party;
2. t o Senator A. Maclean, Minister for Economic Development, regarding appointments to the Jersey Bank Depositors Compensation Board.
3. t o Mr. B.R. Cooper,dated 24th March 2010, regarding the review of Crown appointments. The Committee noted that further correspondence had since been received from Mr.Cooper,dated 22nd March 2010, and it was agreed that the Committee had nothing to add to its previous correspondence.

2. i ts ongoingworkprogramme, with particular regardto the following:

1. the provision of facilities for States members. The Committee considered a numberofpossiblelocker solutions, and agreed that the views of members should be sought regarding their requirements;
2. f ree mailing for election candidates.TheCommittee requested the Greffier oftheStatesto contact SenatorP.F.C. Ozouf , Minister for Treasury and Resources, to establish whether a meeting could be arranged with JerseyPost.

3. a possibleanomaly in the PublicElections (Jersey) Regulations 2002. The Chairman advised that Form 3 in the Schedule to the Public Elections (Jersey)Regulations2002requestedthe elector numberof the candidate being nominated,however,thePublic Elections (Jersey) Law 2002 did not require a candidate to be registered as an elector. The Greffier of the States agreedto look into the matter.

Deputy M. Tadier was not present for the consideration of this item.