PPC Minutes 31st March 2011

A- 401 CH/SC/108

PRIVILEGES AND PROCEDURES COMMITTEE (103rd Meeting)

31st March 2011

PART A

All members were present, with the exception of Senator B.I. Le Marquand, Deputy M.R. Higgins and Deputy T.M. Pitman, 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

In attendance -

T.J. Le Cocq , Q.C., H.M. Attorney General (item No. B1 only)

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.

Public Elections A1. The Committee, with reference to its Minute No. A3 of 8th February 2011, (Expenditure and received  the  draft  Public  Elections  (Expenditure  and  Donations)  (Jersey) Donations) Regulations 201- and a report prepared by the Greffier of the States in this regard, (Jersey) dated 29th March 2011.

Regulations 201-.

424/3(3) The  Committee  recalled  that  it  had  considered  a  draft  of  the  Public  Elections

(Expenditure and Donations) (Jersey) Law 201- at its meeting on 8th February 2011, and had requested certain amendments. It was noted that there was now insufficient time available to pass primary legislation requiring approval by the Privy Council in this regard. Accordingly, the draft law had been converted back to draft triennial Regulations so as to enable the establishment of further Regulations in the light of the expiry of the current triennial regulations in July 2011. It was noted that the Regulations would ensure that appropriate controls would be in place in respect of campaign expenditure for the 2011 elections. If approved, the triennial Regulations  would  remain  in  force  for  3  years,  although  it  was  considered appropriate that steps would continue to be taken by the Committee to convert the Regulations into permanent legislation following the autumn 2011 elections. It was noted the draft Regulations did not include the Regulation-making powers which had been included in the draft law to  deal  with  matters such as  up-rating for inflation; it was, however, considered that such a provision would not be required during  the  maximum  3-year  life-span  of  the  Regulations.  Disqualification provisions for breach of the Regulations had also been removed as it was not possible to cover disqualification from office through triennial Regulations. It was noted that both of these matters would be covered by the permanent legislation, upon drafting.

The Committee noted that its concern in respect of the ancillary costs incurred by volunteers  during  an  election  campaign  had  been  addressed  by  a  change  to paragraph  6(3)  of  the  Schedule  to  the  Regulations,  which  now  excluded  the volunteers' goods from the definition of election expenses. In respect of pre-existing material used in a campaign a new provision had been inserted at Regulation 3(8) and paragraph 7 of the Schedule to specify that, where goods were re-used, they could  be  disregarded  for  the  purpose  of  the  calculation  of  election  expenses. Concern  had  also  previously  been  expressed  regarding  the  ability  to  incur expenditure without the consent of the candidate. It was noted that, in accordance with Regulation 3(1)(a) a candidate would be responsible for expenses incurred by others if that expenditure had been undertaken with the candidate's express or implied consent. The Law Draftsman had confirmed that the Interpretation (Jersey) Law 1954 provided that the definition of "person" in the draft legislation included a body corporate or unincorporated. The Committee recalled that it had previously agreed that the monetary amounts in the 2008 Regulations should be increased in line with inflation, and the revised amounts contained within the Public Elections (Expenditure and Donations) (Jersey) Regulations 201- to take account of inflation were noted.

The Committee agreed that the legislation should be renewed and requested that the draft Public Elections (Expenditure and Donations) (Jersey) Regulations 201- be lodged au Greffe for debate by the States in early course.

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

Electoral A2. The Committee, with reference to its Minute No. A4 of 22nd March 2011, Commission. gave  further  consideration  to  the  establishment  of  an  Electoral  Commission 1240/22/1(59) following  the  adoption  by  the  States  on  15th  March  2011  of  the  proposition:

Electoral commission: establishment,' as amended (P.15/2011 refers).

The Committee had particular regard to paragraph (c) of the proposition which stated that, after consultation, the Privileges and Procedures Committee should bring forward proposals for debate ahead of the debate on the Annual Business Plan 2012  detailing  the  proposed  composition  of  the  Electoral  Commission,  its anticipated costs, and how it was to be funded. The Committee recalled that it had asked for cost estimates to be compiled in respect of possible options for the composition of the Commission. The potential cost was estimated at £190,000, including the appointment of one executive officer; the Chairman's fee; travel expenses; accommodation; hearings; a public opinion survey; and advertising and printing costs. It was noted that, if other outside members were to be appointed and paid at a rate of £500 per day, the cost would increase by an estimated £55,000 per extra  member.  The  Committee  received  a  series  of  possible  models  for  the Commission, as follows:

• Chairman and 2 outside members, 3 members from Jersey
• Chairman from outside Jersey, 3 or 4 members from Jersey
• 2 members from outside Jersey, 2 members from Jersey
• Chairman and members from Jersey
• Chairman and members from Jersey with advice from consultants outside Jersey

The Committee received correspondence addressed to the Greffier of the States and dated 23rd March 2011 from Mr. D. Robillard, Principal Officer, States Assembly and  Constitution  Committee,  States  of  Guernsey,  in  connexion  with  a  review carried out in Guernsey in respect of the possible introduction of full Island-wide voting. It was noted that the review had been carried out with the Electoral Reform Society and that the only expenses met by the States of Guernsey had been in respect of disbursements such as travel and accommodation. It was considered that a further option for Jersey would be for the review to be carried out by the Electoral Commission in the United Kingdom, or the Electoral Reform Society, for example. Alternatively, it might be appropriate for such a body to provide an opinion in respect of the terms of reference of the proposed Electoral Commission.

The Committee's preferred options were:

1. the appointment of a Chairman from outside Jersey and 3 or 4 members from Jersey;
2. the appointment of 2 members from outside Jersey and 2 members from Jersey; or
3. for the project to be carried out by the Electoral Commission in the United Kingdom.

It was agreed that a report should be prepared outlining the Committee's preferred options and their relative costs. It was agreed that the report should be presented to the States in the report series by the end of April 2011, and should therefore be circulated for approval prior to the Committee's next scheduled meeting on 10th May 2011.

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

Meeting with A3. The Committee, with reference to its Minutes Nos. A8, A10 and A11 of 8th Chairmen's March 2011, received correspondence dated 29th March 2011 from the former Committee. president of the Chairmen's Committee, Senator B.E. Shenton.

1240/10(36)

465/1(156) The  Committee  recalled  that  it  had  invited  representatives  of  the  Chairmen's 511/1(42) Committee to attend its meeting on 22nd March 2011. The Chairmen's Committee

had been unable to attend, and had therefore extended an invitation for members of the Privileges and Procedures Committee to attend its meeting on 12th May 2011 at 1 p.m. to discuss: the transfer of members from non-executive to executive roles and the number of members serving on scrutiny; the media and the filming of scrutiny meetings; the debate of scrutiny reports; and the provision of business cards to States members. The Committee agreed that it would wish to attend the meeting and asked that the Chairmen's Committee be advised accordingly.

The Committee Clerk was requested to take the necessary action.