PPC Minutes 14th June 2011

A- 423 CH/SC/189

PRIVILEGES AND PROCEDURES COMMITTEE (111th Meeting)

14th June 2011

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 Senator S.C. Ferguson (not present for item No. A1) Connétable P.F.M. Hanning of St. Saviour

Deputy J.B. Fox

Deputy J.A. Martin

Deputy T.M. Pitman

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 only.

Minutes. A1. The Minutes of the meetings of 24th May 2011 (Part A and Part B) and 3rd

June 2011 (Part B only), having been previously circulated, were taken as read and were confirmed.

Electoral A2. The Committee, with reference to its Minute No. A7 of 10th March 2011, Commission: received consultation responses from Mr. B.D. Bullock, dated 17th May 2011, and possible options'. Deputy D.J.A. Wimberley, dated 20th June 2011, in respect of its report: Electoral P.54/2011 Commission: possible options' (P.54/2011 refers).

1240/22/1(59)

The Committee considered the content of both documents, with particular regard to the comments received in respect of the possible composition of the Electoral Commission.  Having  taken  account  of  the  various  options  proposed  by  the Committee in its report, Mr. Bullock considered that it would be preferable for the Chairman of the Commission to be appointed from outside Jersey, and to be joined three or four local members. Mr. Bullock also considered that the result of any referendum in respect of the matter should be binding upon the States Assembly, and commented on potential cost-savings in respect of the proposed work of the Commission. While Deputy Wimberley's original proposition had proposed that the composition of the Commission should be that of a chairman and 2 members from outside Jersey, with 3 members from Jersey, the Committee noted that, in his consultation response, the Deputy had stated that his favoured solution would be for the Commission to consist entirely of local individuals, with expertise available on demand. It was agreed that the Committee should discuss the matter with Deputy Wimberley prior to presenting a report to the States setting out its preferred way forward.

The Chairman was requested to write to Deputy Wimberley to invite him to attend the Committee's next meeting. The Committee Clerk was requested to take the necessary action.

Draft States of A3. The  Committee  received  the  proposition: Draft  States  of  Jersey Jersey (Miscellaneous Provisions) Law 201-: request to Privy Council,' lodged au Greffe (Miscellaneous by the Deputy of Grouville on 6th June 2011 (P.99/2011 refers).

Provisions) Law

201-: request to The proposition asked the States to refer to their Act dated 20th January 201,1 in Privy Council. which they had adopted the States of Jersey (Miscellaneous Provisions) Law 201-, P.99/2011 and to agree that it was no longer the wish of the Assembly that the Law should 450/1(16) receive the sanction of Her Most Excellent Majesty in Council. The Committee

noted  that  the  content  of  the  proposition  reflected  that  contained  within  the proposition P.26/2011, which had been rejected by the States on 3rd March 2011 by 23 votes to 25. The Committee had regard for the comment which it had presented to the States in respect of P.26/2011 and agreed that a comment should be drafted in similar terms in respect of P.99/2011. The Committee wished to emphasise that the position was such that, should the States adopt the proposition of the Deputy of Gouville, this would cancel the reforms recently agreed by the States including the planned general election' in October 2014; the establishment of a four-year term of office for all members; and the transition to spring elections.

The Committee agreed that a comment should be drafted in respect of Projet No. P.99/2011 for consideration at a future meeting and subsequent presentation to the States.  The  Greffier  of  the  States  was  requested  to  take  the  necessary  action. Senator S.C. Ferguson requested that her decision to abstain from the Committee's decision to comment in the above terms be recorded.

States Assembly A4. The Committee received a report prepared by the Greffier of the States in meeting dates connexion with the establishment of a schedule of States meeting dates for 2012. 2012.

1240/2(81) The Committee noted that, in accordance with Standing Order 4 of the Standing

Orders of the States of Jersey, it was required to draft a list of proposed meeting dates  for  presentation  to  the  States  by  the  end  of  September.  The  Committee considered  a  proposed  fortnightly  cycle  of  meetings.  The  draft  schedule  took account of the in principle' decision of the Committee as previously constituted that States meetings should not take place during school holidays. The Committee also  considered  a  possible  three-week  meeting  cycle,  having  noted  that  the Chairman had received electronic correspondence from Deputy J.A.N. Le Fondré dated  20th  May  2011  which  had  requested  that  consideration  be  given  to  the establishment of such an approach. While the Committee recognised that benefits could arise through the establishment of a three-week cycle, it was noted that such a move would result in a requirement to start meetings earlier; to introduce more continuation  days;  to  amend  Standing  Orders  in  respect  the  schedule  for  oral questions; and to assess the likely impact on the timing of the strategic plan, annual business plan and budget debates. The Committee agreed that it could not bring forward a 2012 schedule based on a three-week cycle without addressing these matters.

It was accordingly agreed that a report should be presented to the States setting out the proposed fortnightly cycle of meeting dates. The Greffier of the States was requested to take the necessary action.

Interventions A5. The  Committee  received  electronic  correspondence,  dated  6th  September from the Chair. 2011, from Deputy M. Tadier , in connexion with interventions made by the Chair 465/1(170) during States debates.

The Committee noted that Deputy Tadier had expressed unease' in relation to decisions and interventions that had been made during States meetings and had invited  the  Committee  to  place  the  following  matters  on  its  agenda  for consideration:

"1) To invite members with concerns to be able to address any issues and recommendations they have to PPC, or a sub-committee thereof, in

confidence."

2. To review whether a formal code stating what is reasonably expected from the Chair, especially in relation to deciding on who may speak."
3. To review whether there are sufficient and reasonable avenues open to members who wish to register any grievances they have with decisions of the Chair."

In  respect  of  paragraph  (1),  the  Committee  was  of  the  view  that,  should  any member have a concern in relation to interventions made by the Chair, this should be  taken  up  directly  with  the   Bailiff  or  the   Deputy   Bailiff .  The  Committee considered  that  both  the   Bailiff  and   Deputy   Bailiff  were  willing  to  discuss members' concerns and it was agreed that it was not, therefore, prepared to pursue point (1) as proposed by Deputy Tadier . Having considered points (2) and (3) of the Deputy 's  correspondence,  the  Committee agreed  that  these  matters  should  be included on its work programme. It was also considered that any review undertaken in this respect should also take into account the behaviour of members while in the States Chamber.

The Chairman was requested to write to Deputy Tadier to advise him accordingly.

Correspond-ence. A6. The Committee noted correspondence that had been sent by the Chairman

since its previous meeting, as follows:

1. to the Chief Minister dated 26th May 2011 in connexion with the proposition: Machinery of Government: review' (P.76/2011 refers);
2. to Connétable J.M. Refault, dated 26th May 2011, in connexion with Standing Order 168 (Minute No. A14 of the Committee's meeting of 24th May 2011 refers);
3. to Deputy E.J. Noel, dated 26th May 2011, in connexion with Standing Order  84  (the  Committee's  Minute  No.  A8  of  the  Committee's meeting of 24th May 2011 refers).

Work A7. The  Committee  received  its  ongoing  work  programme  and  noted  the programme. contents.