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PPC Minutes 3rd March 2011

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A-CH/SC/066 376

PRIVILEGES AND PROCEDURES COMMITTEE (96th Meeting)

2nd March 2011

PART A

All members were present, with the exception of Senator B.I. Le Marquand and Deputy J.A. Martin.

Connétable J. Gallichan of St. Mary , Chairman Connétable P.F.M. Hanning of St. Saviour Deputy J.B. Fox

Deputy M.R. Higgins

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 and Part B.

Draft States of A1. The Committee, with reference to its Minute No. A1 of 18th February 2011 Jersey received a briefing note prepared by the Greffier of the States in respect of the (Miscellaneous forthcoming  debate  on  the  proposition, Draft  States  of  Jersey  (Miscellaneous Provisions) Provisions) (Jersey) Law 201-: request to Privy Council,' lodged au Greffe on 16th (Jersey) Law February 2011 by the Deputy of Grouville (P.26/2011 refers).

201-: request to

Privy Council. The Committee recalled that the proposition asked the States to agree that it was no P.26/2011 longer  the  wish  of  the  Assembly  for  the  draft  States  of  Jersey  (Miscellaneous 450/1(16) Provisions) (Jersey) Law 201- to receive the sanction of Her Most Excellent Majesty

in  Council  and  for  the  Law  to  be  withdrawn.  The  Committee  had  presented  a comment  to  the  States  on  18th  February  2011  stating  its  opposition  to  the proposition. A note had since been circulated to States members in respect of the proposition which had asserted that the Committee would be able to bring transitional arrangements back to the States for debate in the near future so that 6 Senators could be elected for 3 years, rather than 6, the autumn of 2011. The Committee noted that the adoption of P.26/2011 would not only cancel the decision of the States to move from 12 Senators to 10 in the autumn 2011 elections, but would cancel the entire reform package. It was noted that it would be out of order for the Bailiff to allow any proposition  which  sought  to  re-instate  elements  of  the  draft  States  of  Jersey (Miscellaneous  Provisions)  (Jersey)  Law  201- to  be  lodged  until  3  months  had passed, in accordance with Standing Order 20 of the Standing Orders of the States of Jersey. The Standing Order would need to be suspended, as would Standing Order 104 Contents  of  speech' in  order  to  allow  the  Assembly  to  debate  any  such proposition. Also, should such a proposition receive prompt debate and adoption by the  States,  there  remained  no  guarantee  that  Privy  Council  sanction  would  be obtained for the draft legislation in advance of the autumn 2011 elections.

The Committee maintained its strong opposition to P.26/2011 and agreed that the Chairman should advise the Assembly of the substantial timescale and procedural difficulties should it be adopted with an expectation that certain elements of the draft States of Jersey (Miscellaneous Provisions) (Jersey) Law 201- would be brought back for debate, adoption and implementation in advance of the scheduled October 2011 elections.