PPC Minutes 7th September 2010

A-CH/JAC/258  282

PRIVILEGES AND PROCEDURES COMMITTEE (74th Meeting)

7th September 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

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 items Nos. A11, B1, B2 and B3)

In attendance -

M.N. de la Haye, 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 13th July 2010 (Part A and Part B), 27th July

2010 (Part A and Part B), and 19th August 2010 (Part A only), having previously been circulated, were taken as read and were confirmed.

Draft Freedom of A2.  The  Committee,  with  reference  to  its  Minute  No.  A2  of  13th  July  2010 Information received  correspondence  dated  10th  August  2010  from  Mr.  J.   Harris ,  Director (Jersey) Law General, Jersey Financial Services Commission, in connexion with the draft Freedom 201-. of Information (Jersey) Law 201- (P.101/2010 refers).

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The Committee noted that, while the majority of concerns raised by the Commission during  the  consultation  period  had  been  addressed,  concern  remained  that  the qualified exemption available under Article 43(g) of the draft Law was too narrow, and  that  this  could  result  in  prejudice  to  the  carrying  out  of  certain  of  the Commission's  functions.  The  Commission  therefore  considered  that  the  Article should be amended to cover information which it held as a result of carrying out of its statutory functions under Article 5 of the Financial Services Commission (Jersey) Law 1998. The Commission also raised concern with regard to Article 19(3) of the draft  Law,  which  stated  that "each  public  authority,  in  order  to  facilitate  the implementation of th[e] Law whether immediately or at some future time, must prepare and maintain an index of the information that it holds". In the light of the practical, resource and manpower implications of this requirement, the Commission had requested that the wording be amended to reflect paragraph 2.1.1 of the Code of Practice on Public Access to Official Information, to require an authority "to keep a general record of all information that it holds", or that the Article be deleted.

The Committee, having considered the Commission's request, agreed that it was not minded to amend the exemption under Article 43(g). It was noted that information which did not relate to the proper supervision or regulation of financial services, and which should be classified exempt, would almost certainly already be covered by other exemptions contained within the draft Law. These exemptions could be applied to  information  held  by  the  Jersey  Financial  Services  Commission  if  the  public interest in supplying the information was deemed to outweigh the public interest in not doing so. It was agreed that, if the Commission was able to provide a specific example where information which should be exempt would not already be covered by another exemption it should advise the Committee accordingly. With regard to the Commission's  request  that  the  Committee  consider  a  revision  to  the  indexing requirement  under  Article  19(3)  of  the  draft  Law,  the  Committee  considered  it imperative that public authorities should maintain an index in order to ensure the proper  function  of  the  Law.  The  Committee  also  noted  a  number  of  comments contained within the Annex to the correspondence from Mr. Harris and it was agreed that these should be drawn to the attention of the Law Draftsman as necessary.

The  Chairman  was  requested  to  write  to  Mr.   Harris  in  the  above  terms.  The Committee Clerk was requested to take the necessary action.

Deposits for A3.  The  Committee,  with  reference  to  its  Minute  No.  A3  of  13th  July  2010 election considered a draft report and proposition in connexion with deposits for election candidates. candidates and nomination procedures for Senators.

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The Committee recalled that it had agreed on 13th July 2010 to draft a proposition which would propose the introduction of a deposit of £500 for election candidates, as well  as  new  procedures  which  would  require  senatorial  candidates  to  obtain signatures  from  2  electors  in  each  parish  on  his  or  her  nomination  form.  The Committee  was  mindful  that  it  intended  to  discuss  the  proposals  of  the  Public Elections  Working  Party  at  its  next  meeting,  and  accordingly agreed  to  defer consideration of this item, as it would be preferable to discuss matters pertaining to public elections simultaneously.

The position was noted and the matter was deferred until 21st September 2010.

Election A4.  The  Committee,  with  reference  to  its  Minute  No.  A6  of  27th  July  2010 candidates' received a report in connexion with election candidates' declarations.

declarations.

424/2(71) The Committee recalled that, in accordance with Article 9 of the States of Jersey Law

2005, candidates' declarations were provided at the time of nomination. The content of the declaration was not verified in advance, and there was no express provision in the Public Elections (Jersey) Law 2002 for an election candidate to be challenged on the declaration prior to the election date. To make a false declaration would be a criminal  offence  under  Article  9(4)  of  the  States  of  Jersey  Law  2005  with  a maximum  penalty  of  a  fine  and  no  automatic  disqualification  for  a  successful candidate.

The  Committee agreed  that  it  would  wish  to  examine  the  current  procedure  to determine  whether  the  process  whereby  a  declaration  could  be  challenged  was effective, and to establish whether the consequences of making a false declaration were sufficient. It was agreed that a meeting should be arranged with the Chairman of  the  Comité  des   Connétable s,  the  Attorney  General  and  the   Deputy  Judicial Greffier  due  to  their  involvement  in  the  nomination,  election  and  swearing  in procedures.

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

Draft Annual A5.  The Committee received a draft comment in connexion with the proposition Business Plan. entitled: Draft Annual Business Plan 2011 (P.99/2010): seventh amendment, lodged P.99/2010 "au Greffe" on 24th August 2010 by Senator B.E. Shenton (P.99/2010 Amd. (7) 447/1/1/5(1) refers).

The Committee noted that the Senator's amendment proposed a decrease in the net revenue  expenditure  of  the  States  Assembly  and  its  services  by  freezing  the remuneration of elected members for 2011 at its 2010 level and making a further reduction in the budget for 2012 and beyond. Senator Shenton contended that the overall  cost  of  political  representation  on  the  Island  was  too  high;  noted  that members' current  salary  structure  did  not  take  into  account  their  workload  or position; and considered that reducing the remuneration budget would push the States Assembly towards reform. Should Senator Shenton's proposed additional decrease for 2012 and beyond be approved and the States decide to retain salaries at current levels, the number of members would need to be reduced by 10. Alternatively, if 53 members were retained, the proposed reduction would result in earnings of £37,238 per annum, per member, in 2012.

The Committee recalled that the States had agreed in 2003 that it was not appropriate for  members  to  discuss  their  own  remuneration,  and  that  this  had  led  to  the establishment of the independent States Members' Remuneration Review Body. The Review Body had recommended an increase in members' salaries of £800 per annum from 2011, however, there was no requirement for elected members to claim the full amount of remuneration available and members could take the decision not to receive the increase should they so wish. With regard to the proposal to reduce the number of States members by 10 in order to maintain salaries at their current level and to achieve  the  proposed  saving,  the  Committee agreed  that  deliberation  on  the appropriate composition of the Assembly should not be driven by purely financial considerations.

The Committee agreed that the draft comment on Senator Shenton's amendment to P.99/2010  should  be  amended  to  include  reference  to  the  pay  freeze  for  States members in 2010, as well as reference to the proposition of Senator A. Breckon entitled: Machinery of government: establishment of Ministerial Boards and revised system  of  scrutiny  (P.120/2010  refers),  as  this  could  result  in  changes  to  the appropriate membership of the Assembly. The revised draft comment should then be circulated to members for approval.

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

Financial and A6.  The Committee received the proposition entitled: Financial and manpower manpower statements in propositions: revised procedures, lodged "au Greffe" on 30th June statements in 2010 by Deputy P.V.F. Le Claire (P.92/2010 refers).

propositions:

revised The Deputy proposed that the current procedures under Standing Order 21 of the procedures. Standing Orders of the States of Jersey be amended in respect of the requirement to P.92/2010 include  a  statement  of  financial  and  manpower  implications  in  propositions  or 450/2/1(31) amendments. Under the proposed revised procedure a member would be able to

insert a complete financial and manpower statement, or, alternatively, a statement specifying that the information had been requested from the relevant Minister or Ministers but was not yet available. The information would then be circulated by the Greffier of the States as an addendum to the proposition. Any Minister requested in writing to provide the information would be required to do so within 7 days. Should the proposition be adopted by the States, the Privileges and Procedures Committee would be requested to bring forward the necessary amendments to Standing Orders.

The Committee, having discussed the report and proposition, agreed that Standing Order 21 should be amended in order to provide an indication of the time-scale within which a Minister would be expected to assist a member. The Committee was not, however, content with the proposed time-frame of 7 days for a response. It was agreed that a 14-day deadline would be preferable as a shorter timescale could result in deficient propositions being lodged "au Greffe". The Committee agreed that it would be content to consider the matter and bring forward a proposition to amend Standing Order 21 in early course.

The Committee agreed that it would wish to present a comment to the States to this effect.

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

Machinery of A7.  The Committee received the proposition entitled: Machinery of government: Government: establishment  of  Ministerial  Boards  and  revised  system  of  scrutiny,  lodged "au establishment of Greffe" on 26th August 2010 by Senator A. Breckon (P.120/2010 refers).

Ministerial

Boards and The Committee recalled that it had discussed a previous proposition in respect of the revised system of machinery  of  government,  which  had  since  been  withdrawn  by  the  Senator scrutiny. (P.70/2010 refers). The original proposition having been lodged, a working party was P.120/2010 subsequently established to discuss the proposals outlined in the proposition. The 1240/22/1(55) Committee  noted  the  report  of  the  working  party,  which  had  been  appended  to

P.120/2010. The revised system would remove the current restriction on the total number of Assistant Ministers and introduce a system of Ministerial Boards, whose members would  be  elected  and  removed  from  office  by the  States.  The  current system of 5 Scrutiny Panels would be replaced by an overarching system of scrutiny whereby topic review plans would be established by a Policy Review Committee. If the  proposition  was  to  be  adopted  by  the  States,  the  Privileges  and  Procedures Committee would be required to bring forward the necessary legislation to give effect to  the  changes,  in  consultation  with  the  Council  of  Ministers,  with  a  view  to introducing the revised system in 2011 after the next ordinary elections.

The Committee discussed the proposition and noted that some concern had been expressed regarding the effectiveness of the proposed Ministerial Boards. It was agreed  that,  provided  Ministers  were  willing  to  engage  in  a  meaningful  and constructive way with all Board members, the Boards would function effectively. The Committee also considered that, in addition to being a forum for discussion and consultation, the Boards would provide members with the opportunity to participate in  executive  decision-making  due  to  the  provision  of  delegated  powers  from Ministers to Board members.

The Committee noted that Senator Breckon's proposition was the culmination of a series  of  projects  which  sought  to  examine  the  function  of  the  machinery  of government  in  Jersey.  The  States  Business  Organisation  Sub-Group  had  been established  by  the  Committee  in  November  2009  and  had  made  the  initial recommendation that a more wide-ranging review should be carried out; Deputy J.B. Fox and Connétable J.M. Refault had addressed the Committee in connexion with the function of ministerial government in the Isle of Man following research which they had  undertaken  during  a  regional  Commonwealth  Parliamentary  Association conference; and the officers of the States Greffe and the Chief Minister's Department had supported the working party which had reviewed Senator Breckon's original proposition (P.70/2010). The Committee agreed that it would wish to acknowledge the work carried out by members and officers in this regard and accordingly agreed to present a comment to this effect to the States.

The Committee agreed that a comment should be drafted for consideration at its next meeting. The Committee Clerk was directed to take the necessary action.

Members' A8.  The Committee received e-mail correspondence from Deputy M. Tadier dated profiles on the 23rd July 2010 in connexion with members' profiles on the States Assembly website. States Assembly

website. The Deputy had requested that the details of his blogsite be added to his profile page. 871/1(2) The Committee agreed that only official States links should be  uploaded to  the

website. It was noted that, should a member of the public wish to access a States member's personal website or blogsite they could use the contact details provided to request the address from the relevant member.

It was agreed that Deputy Tadier should be advised accordingly. The Committee Clerk was requested to take the necessary action.

Media relations: A9.  The  Committee,  with  reference  to  its  Minute  No.  A7  of  13th  July  2010 Code of Conduct. received the amendment of Deputy R.G. Le Hérissier to the proposition: Media P.100/2010 relations: Code of Conduct, lodged "au Greffe" on 2nd September 2010 (P.100/2010 1240/10(36) Amd. refers).

The Committee recalled that its proposition P.100/2010 proposed the introduction of a Code of Conduct which would limit the taking of visual or audio recordings of States  meetings  to  members  of  the  accredited  media.   Deputy  Le  Hérissier's amendment proposed the establishment of a second Code of Conduct to govern the taking of visual and audio recordings by members of the public. The Committee did not  consider  it  appropriate  for  2  contradictory  Codes  of  Conduct  to  run simultaneously. It was noted that, if the Code proposed by the Committee was to be adopted, members of the public would continue to be permitted to attend meetings and it would not, in any way, "suppress political comment," as Deputy Le Hérissier had suggested. If an additional Code were to be adopted to permit members of the public  to  record  meetings,  the  Committee  was  not  content  that  the  necessary safeguards  would  be  available  to  ensure  that  they  would,  upon  publication, differentiate between opinion and factual reporting; adhere to relevant legislation including defamation and data protection laws; and provide a means of redress for parties  aggrieved  by  publication.  It  had  been  agreed  that  it  would  not  be  cost- effective to install broadcast quality cameras in the States Building, and that a system should instead be installed to enable audio web-streaming to the States Assembly website.

The Committee agreed that a comment on Deputy Le Hérissier's amendment should be drafted to this effect. The Committee Clerk was directed to take the necessary action.

Matters for A10.  The Committee noted the following matters for information: information.

1. c o rrespondence sent following its meetingon 27th July 2010:

1. f rom the Chairman totheChiefMinister, dated 30th July 2010 regarding the Code ofConduct for Ministers;
2. from the Chairman to Mr. M.F. Dubras dated 30th July 2010 regarding hustings procedures;
3. f rom the Greffier of the Statesto the Acting Chief Officer of the States  of  Jersey  Police dated 5th  August 2010 regarding members' security;
4. f rom theChairmanto all States membersdated 6th August2010

regarding postal charges;

5. f rom the Chairman to all Statesmembersdated 11th August 2010 regarding the findings of the PublicAccountsCommitteein its financial review of the Jersey HeritageTrust;
6. f rom the Greffier of the States to the Chief Usher dated 16th August2010 regarding admission to the Public Gallery.

2. c o rrespondence received bytheChairman from a memberofthepublic which alleged  the  misuse by a  States  member of the  free parking provision. Itwas agreed that the Chairman should circulate the terms and conditions ofuseoftheparkingprovision to all Statesmembers.
3. t h e forthcoming draftAnnual Business Plan debatewasexpectedto take a number of days. It was accordingly agreed that on Monday 13th September2010theChairmanwouldpropose that the States sit until 7 p.m.onTuesday14th,Wednesday15th, Thursday 16th and Friday 17th September 2010. The Chairman was requested to e-mail all membersin advance to advise them accordingly;and
4. t he extensive workload  of  the  States  Assembly, which led  the Committee to agreetodefer debate on the proposition entitled: Media relations:  Code of  Conduct, lodged "au  Greffe" on  15th July  2010 (P.100/2010 refers).

Work A11.  The Committee noted its on-going work programme, with particular regard to programme. the following:

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1. fr ee mailing for election candidates - it was agreed that members would give  individual  consideration  to  this  matter  in advance of the  next scheduled meeting;
2. in formation technology provision for States members - Deputy C.H. Egré would continue to progresstheestablishmentof trial in respect of the provisionofiPads or e-readers for States members.