States Minutes 20th October 2010

THE STATES assembled on Wednesday 20th October 2010, at 09.30 a.m. under the Presidency of the Deputy Bailiff , William James Bailhache , Esquire. __________________

All members were present at roll call with the exception of –

Senator Philip Francis Cyril Ozouf – en défaut (défaut raised at 9.35 a.m.)

Senator Frederick Ellyer Cohen – en défaut

Senator James Leslie Perchard – en défaut (défaut raised at 11.50 a.m.)

Deputy Geoffrey Peter Southern of St. Helier – en défaut (défaut raised at 9.35 a.m.) Deputy Shona Pitman of St. Helier – ill

Deputy Deborah Jane De Sousa of St. Helier – ill

__________________

Prayers read by the Deputy Greffier of the States __________________

Notification of lodged propositions

Social Security Fund: a new method of funding.  P.154/2010. Lodged: 20th October 2010.

Deputy G.P. Southern of St. Helier .

Withdrawal of lodged propositions

THE STATES noted that, in accordance with Standing Order 34(1), the proposer of the following proposition lodged "au Greffe" had informed the Greffier of the States that it had been withdrawn –

Reg's Skips Limited – Planning Applications (R.118/2010): compensation and further  P.130/2010. action (P.130/2010) – second amendment.  Amd.(2) Lodged: 5th October 2010.

Senator F. du H. Le Gresley.

Machinery of Government: establishment of Ministerial Boards and revised system of Scrutiny P.120/2010

THE  STATES  resumed  consideration  of  the  proposition  of  Senator  Alan  Breckon,  as  amended, concerning the establishment of Ministerial Boards and a revised system of Scrutiny.

THE STATES rejected the proposition –

1. that the current system of government in Jersey should be amended so that a more inclusive system was established with the aim of giving all States members greater opportunities to influence executive decision-making, and that to achieve this aim –

429   Price code: A

STATES MINUTES  20th October 2010

1. the current restriction  on the total  number  of  Assistant  Ministers  should  be removed  and  all  Ministers  should  have  a  Ministerial  Board  comprised  of a minimum of 3 and a maximum of 5 members of the States;
2. the members of the Ministerial Boards should be elected and removed from office by the States;
3. Ministers should continue to be appointed by the States as at present, but the Chief Minister should be given the power to dismiss a Minister with the prior approval of a majority of the other Ministers;
4. Ministers  should  be  required  to consult  with  their  Ministerial  Boards  at  a properly constituted Board meeting, with minutes of the meeting recorded by an officer  provided  by  the  Greffier  of  the  States,  before  taking  significant Ministerial  Decisions  with  the  Boards  operating  in accordance  with  the procedures  set  out  in Annex 1  to  Appendix 1,  except  that  for  the  third paragraph under the heading "Administrative arrangements and support" (which began  with  the  words  "The  Boards  will  be  supported")"  there  should  be substituted  the  paragraph set  out  in the  Appendix  to the  amendment  of  the Deputy of St. Peter dated 28th September 2010;
5. the current system of 5 Scrutiny Panels with defined remits should be replaced by a more flexible overarching system of Scrutiny as set out in Annex 3 to Appendix 1 where topic Review Panels would be established by a Policy Review Committee to review individual matters of public interest, with all members other than Ministers and members of Ministerial Boards with responsibility for matters that were subject to the review able to participate in such panels;

2. to charge the Privileges and Procedures Committee, in consultation with the Council of Ministers, to take the necessary steps to bring forward the necessary legislation to give effect to the changes with a view to introducing the revised system in 2011 after the next ordinary elections.

Members present voted as follows –

POUR: 21   CONTRE: 28  ABSTAIN: 1 Senator T.A. Le Sueur   Senator T.J. Le Main  Senator P.F.C. Ozouf

Senator P.F. Routier   Senator A.J.H. Maclean

Senator B.E. Shenton   Senator B.I. Le Marquand

Senator J.L. Perchard   Senator F. du H. Le Gresley

Senator A. Breckon   Connétable of St. Helier

Senator S.C. Ferguson   Connétable of Trinity

Connétable of St. Ouen   Connétable of St. Brelade

Connétable of Grouville   Connétable of St. John

Connétable of St. Martin   Connétable of St. Clement

Connétable of St. Saviour   Deputy R.C. Duhamel (S)

Connétable of St. Peter   Deputy of St. Martin

Connétable of St. Lawrence   Deputy R.G. Le Hérissier (S)

Connétable of St. Mary   Deputy G.P. Southern (H)

Deputy J.B. Fox (H)   Deputy of St. Ouen

Deputy J.A. Martin (H)   Deputy J.A. Hilton (H)

Deputy of Grouville   Deputy of Trinity

Deputy of St. Peter   Deputy S.S.P.A. Power (B)

Deputy P.V.F. Le Claire (H)   Deputy K.C. Lewis (S)

STATES MINUTES

Deputy J.A.N. Le Fondré (L) Deputy of St. John

Deputy T.A. Vallois (S)

20th October 2010

Deputy I.J. Gorst (C)

Deputy M. Tadier (B)

Deputy A.E. Jeune (B)

Deputy of St. Mary

Deputy T.M. Pitman (H) Deputy A.T. Dupré (C)

Deputy E.J. Noel (L)

Deputy M.R. Higgins (H) Deputy A.K.F. Green (H) Deputy J.M. Maçon (S)

Changes in Presidency

The Deputy Bailiff retired from the Chamber during consideration of the proposition of Senator Alan Breckon (P.120/2010 entitled Machinery of Government: establishment of Ministerial Boards and revised system of Scrutiny') and the meeting continued under the presidency of Mr. Michael Nelson de la Haye, Greffier of the States until the lunch adjournment. The States re-assembled after the lunch adjournment under the Presidency of the Deputy Bailiff .

Removal of name from transcript of the meeting (Official Report, Hansard')

During consideration of the proposition of Senator Alan Breckon (P.120/2010 entitled Machinery of Government: establishment of Ministerial Boards and revised system of Scrutiny'), the Deputy Bailiff reminded Members that Standing Order 104(2)(i) stated that "a member of the States must not (i) refer to any individual who is not a member of the States by name, unless use of the individual's name is unavoidable and of direct relevance to the business being discussed". He therefore ruled that the use of names in this way was disorderly, and in accordance with Standing Orders 109(7) and 160(3A) directed that certain names so used during the course of the debate be omitted from the transcript of the meeting.

Adjournment

THE STATES adjourned, having agreed to reconvene on Thursday 21st October 2010 to consider the outstanding items of public business.

THE STATES rose at 5.43 p.m.

A.H. HARRIS Deputy Greffier of the States