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2012-04-25 PPC (A)

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AG/SC/137

PRIVILEGES AND PROCEDURES COMMITTEE (9th Meeting)

25th April 2012

PART A

All members were present, with the exception of Connétable L. Norman of St. Clement, Deputy K.L. Moore and Deputy J.A. Martin, from whom apologies had been received.

Connétable A.S. Crowcroft of St. Helier , Chairman Senator S.C. Ferguson

Senator Sir P.M. Bailhache

Deputy M. Tadier

In attendance -

Mr. J. Rogers, Chairman, States Members' Remuneration Review Body (item No. A1 only)

Mr. J. Mills, States Members' Remuneration Review Body (item No. A1 only)

Mrs. D. Abbot-McGuire, Finance and Administration Manager (item No. A3 only)

Mrs. L. Hart , Assistant Greffier of the States (item No. A5 only)

M.N. de la Haye, Greffier of the States

Mrs. A.C. Goodyear, 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 14th March 2012 (Part A only), having been

previously circulated, were taken as read and were confirmed. It was agreed that the Minutes of the meetings of 19th March 2012 (Part B) and 11th April 2012 (Part A and Part B) would be considered at the Committee's next scheduled meeting.

States  A2. The  Committee  received  a  draft  report  and  proposition  entitled:  States Members'  Members' Remuneration Review Body: revised terms of reference'. The Chairman Remuneration  welcomed States Members' Remuneration Review Body Chairman, Mr. J. Rogers, Review Body and Review Body member, Mr. J. Mills, to the meeting.

1240/3(73)

The Chairman thanked the SMRRB for its work to date. Those present discussed the possible introduction of a pension scheme for States members. The Committee recalled  that  the  SMRRB  had  previously  recommended  the  introduction of  a pension  scheme,  however,  the  Committee  as  previously  constituted  had  not pursued the matter further due the economic climate and funding constraints under the States' Comprehensive Spending Review. It was agreed that the report of the SMRRB, R.62/2009, which contained the recommendation that a pension scheme for  States  members  be  developed, should  be  included  on  the  agenda  for consideration  at  the  Committee's  next  scheduled  meeting.  It  was  noted  that severance pay had been considered by the SMRRB, but that the Review Body considered that pensions were of a higher priority.

It was noted that the SMRRB intended to make a submission to the Electoral Commission as  it  was considered that  decisions  taken  by the  Commission  in relation to the number and mandate of States members could give rise to matters in relation to States members' remuneration, including whether the introduction of differential  pay would  be  appropriate.  It  was  noted  that  the  SMRRB  would consider  the  level  of  remuneration  for  States  Members  in  2013  during  the forthcoming  months  and  would  take  into  account the  work  of  the  Electoral Commission.

Those present had  regard  for  the draft report and  proposition  entitled:  States Members'  Remuneration  Review  Body:  revised  terms  of  reference,'  which proposed the introduction of a rolling membership on the Review Body and the consolidation its terms of reference. The Committee had regard for paragraph 3(i) of the Review Body's terms of reference and discussed whether it was possible to define a reasonable standard of living'. It was noted that there had been a desire to retain an equal level of remuneration for all States members. It was suggested that components could be introduced in respect of expenses. The Committee noted that some members were allocated office facilities by departments by virtue of their role as a Minister or Assistant Minister, for example, while others did not have such  facilities. The  view  was  expressed  that appropriate  resources  should  be provided to all States members.

The Committee, having considered the content of the draft report and proposition in respect of the membership and terms of reference of the SMRRB, accordingly agreed that it should be lodged au Greffe for debate by the States. Having been thanked  by  the  Chairman  for  their  attendance,  Mr.  Rogers  and  Mr.  Mills accordingly withdrew from the meeting.

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

States  A3. The Committee received the States Assembly first quarter financial report Assembly first  and welcomed Mrs. D. Abbot-McGuire, Finance and Administration Manager. quarter

financial  The  Committee  noted  the  content  of  the  report  and  that  the  total  level  of report. expenditure in the first quarter of 2012 was £1,027,513 against a total budget for 422/10/1(53) the year of £5,296,100. The Committee requested further details in respect of the

cost  of  printing  publications  for  States  members  and  it  was  agreed  that  this information would be provided at a future meeting. With regard to printing costs, it was noted that States members required hard copies of propositions in order to be able to refer to them during debates, as laptop computers were not permitted within the  States  Chamber.  It  was  agreed  that  the  proposition  of  the  Committee  as previously constituted entitled: Hand-held devices in the States Chamber: trial' (P.77/2011 refers) and the relevant amendment (P.77/2011(Amd.) refers) should be included on the agenda for consideration at the next scheduled meeting of the Committee.  Having  had  regard  for  the  remainder  of  the  financial  report,  the Committee asked that the income line be included in future quarterly reports.

Having been thanked for her attendance by the Chairman, Mrs. Abbot-McGuire withdrew from the meeting.

Code of  A4. The Committee received the 2011 Annual Report on the number of requests Practice on  received by departments which mentioned the Code of Practice for Public Access Public Access  to Official Information.

to Official

Information:  The Committee  noted  that,  in  accordance  with  Standing  Order  128(g)  of  the

43

9th Meeting 25.04.12

2011 Annual  Standing Orders of the States of Jersey it was the responsibility of the Committee Report. "to keep under review the procedures and enactments relating to public access to 955/1(10) official information and the procedures relating to access to information for elected

members". The report was compiled on an annual basis and detailed the number of requests that had been received by departments which had mentioned the Code of Practice on Public Access to Official Information. Some departments were of the view that the figures did not provide an accurate reflection of the  number  of requests for information that were received during the year, as many requests did not mention the Code and were dealt with as business as usual. It was noted that the process for dealing with requests for official information would change with the  implementation  of the  Freedom  of Information  (Jersey)  Law  2011,  which legislation had been adopted by the States in May 2011 (P.39/2011 refers). Having considered  the  content  of  the  report,  the  Committee  agreed  that  it  wished  to ascertain what progress had been made to date in respect of the implementation of the Freedom of Information (Jersey) Law 2011. The Committee also wished to ascertain whether funding would be allocated in the Medium Term Financial Plan to  meet  the  costs  associated  with  the  implementation  of the  legislation. The

Chairman was requested to write to the Chief Minister in this regard.

The Committee, having noted the content of the Annual Report on the Code of Practice on Public Access to Official Information, asked the Chairman to prepare a foreword to be circulated to members by electronic mail and agreed that the report should then be presented to the States. The Committee Clerk was requested to take the necessary action.

Standing  A5. The Committee, with reference to its Minute No. A4 of 4th January 2012, Orders:  received the  proposition:  Standing  Orders:  answers  to  questions,'  lodged  au answers to  Greffe on 26th March 2012 by Deputy G.P. Southern of St. Helier (P.30/2012 questions.  refers).

P.30/2012

450/2/1(69) The Committee recalled that  on  21st  October 2011 the Deputy  had  lodged a

proposition  in  the  same  terms which  been  withdrawn  on  20th  March  2012 (P.132/2011 refers). The Committee received the comment which it had presented to  the  States  in  respect  of  the  earlier proposition,  and,  having  considered  its content, agreed that it wished to present the same comment to the States in respect of P.30/2012 as that which it had presented in respect of P.132/2011. The Greffier of the States was requested to present the comment to the States at the earliest opportunity.

Standing  A6. The Committee, with reference to its Minute No. A10 of 14th March 2012, Orders and  received a report from the Standing Orders and Internal Procedures review sub- Internal  committee regarding business management. Assistant Greffier, Mrs. L. Hart , was Procedures of  present for the consideration of this item.

the States sub-

committee:  The Committee recalled that the sub-committee had proposed the establishment of proposed  a Business Management Committee which would prepare a paper in advance of Business  each States  meeting setting  out the priority  of items  on  the Order Paper  and Management indicating the length of time that each item of debate was expected to take. It was Committee. noted that there would be a risk that the length of debate would expand to fill the 465/4(11) allotted  time  under  such  a  system.  At  the  present  time,  business  was being

conducted in a  manner which enabled it to be completed within a reasonable timeframe, although it was noted that this had not always been the case and that the length of sittings might once again expand. It was proposed that, should a Business Management Committee be introduced, it would be on a trial basis, and would shadow the current arrangements. The Committee noted the procedures in other

jurisdictions, including New Zealand and Australia.

It was agreed that the matter should be given further consideration at a future Committee meeting.

Machinery of  A7. The Committee, with reference to its Minute No. A11 of 14th March 2012, government:  received correspondence dated 5th  April 2012 from the Chairman of the sub- Sub- committee for the review of the Machinery of Government, Deputy M. Tadier , in committee. connexion with the sub-committee's terms of reference.

1240/22/1(61)

The sub-committee had been invited by the Committee to discuss its terms of reference with the Chief Minister. While the sub-committee had not been minded to approach the Chief Minister directly in this regard, the Chairman had indicated that members would be content to discuss the sub-committee's terms of reference with any States member who wished to do so. Deputy Tadier provided an oral update in respect of the work of the sub-committee and it was noted that interviews with  key  stakeholders,  including  Ministers  and  Assistant  Ministers,  would  be undertaken in early course. The position was noted.

Work  A8. The Committee, with reference to its Minute No. A12 of 14th March 2012, programme. received its ongoing work programme.

The Review of  A9. The Committee, with reference to Minute No. A9 of 10th March 2011 of the the Roles of  Committee as previously constituted, received a request from the Chairman that it the Crown  review the position in respect of the findings of the report entitled: The Review of Officers. the Roles of the Crown Officers' (R.143/2010 refers). It was agreed that the report R.143/2010 should be placed on the agenda for consideration at the next scheduled meeting. 499/3(22)