2013-07-11 PPC (A)

IC/JAC/204

PRIVILEGES AND PROCEDURES COMMITTEE (32nd Meeting)

11th July 2013

PART A

All members were present.

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

Senator Sir P.M. Bailhache

Connétable L. Norman of St. Clement

Deputy J.A. Martin

Deputy M. Tadier

Deputy K.L. Moore

In attendance -

A.H. Harris , Deputy Greffier of the States

I.Clarkson, 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 held on 23rd May (Parts A and B), 31st May

(Part A only) and 21st June 2013, having been circulated previously, were taken as read and were confirmed.

Matters  A2.  The Committee noted the following matters arising from the Part A Minutes arising.  of its meetings held on 23rd May, 31st May and 21st June 2013 –

1. Minute No. A3 of 23rd May – the Committee noted that the States of Jersey Complaints Panel Annual Report 2012 had been presented to the States Assembly on 31st May 2013 (R.53/2013); and,
2. Minute No. A1 of 31st May – the Committee recalled that the States had adopted Amendment No.21 of the Standing Orders of the States of Jersey and, further, that the Committee had been asked to conduct –

• a health assessment regarding the use of wireless devices in the Chamber,
• a  review  of  the  capacity  or  bandwidth  of  the  wireless  network installed in the States Building, and
• a review of the voluntary fines applied following any disturbance in the Chamber caused by Members' electronic devices.

Regarding (b) above, the Committee noted that a project to upgrade the wireless network in the States Building was already underway and that reports on the other matters would be added to the Committee's agenda in due course.

Financial  A3.  The Committee, with reference to its Minute No. A2 of 7th February 2013 report: first  and with the Finance and Administration Manager in attendance, considered the and second  States Assembly financial report for the first and second quarters of 2013.

quarter 2013.

422/10/1(89)  The Committee was advised that the balance of the facilities budget would in due

course reduce significantly in order to finance the replacement of the existing audio recording equipment that facilitated the production of the Official Record (Hansard). This equipment was fast approaching the end of its design life. It was further  reported  that  the  budget  for  the  forthcoming  Committee  of  Inquiry  – Historical Child Abuse had not yet been allocated to the States Greffe and, further that the Scrutiny budget was showing a notable under-spend, as had been the case in previous years.

Having  observed  that  the  Assembly  budget  for  2013  was  likely  to  remain  in surplus  through  2013  and  having  been  notified  of  administrative  difficulties suffered  by   Deputy  S.S.P.A  Power  and  others  before  and  following  their attendance at the Parlement des Jeune s (the French-speaking Youth Parliament) in Abidjan, Ivory Coast during July 2013, the Committee requested that the Greffier of the States consider ensuring that Members attending conferences or similar events in other countries were henceforth accompanied by an official.

The Committee noted the report.

States of  A4.  The Committee, with reference to its Minute No. A10 of 7th February 2013, Guernsey:  recalled that the States Review Committee of the States of Guernsey had finally States Review  been able to visit the Island on 10th – 11th June 2013 and, further, that the States Committee  Review Committee had met with members of the Committee and the Machinery of visit.  Government Review Sub-Committee to discuss the machinery of government in 465/1(186)  both islands.

The Committee noted correspondence, dated 18th June 2013, from Deputy P.A. Harwood, Chief Minister of Guernsey, in which the Chief Minister of Guernsey had, on behalf of his committee, expressed thanks for the feedback received from Members  regarding  the  advantages  and  disadvantages  of  the  committee  and ministerial systems of government.

States  A5.  The Committee, with reference to its Minute No. A2 of 6th September 2012, Assembly  considered a report prepared by the Greffier of the States and which was entitled: meeting dates  States Meeting Dates for 2014.'

2014.

1240/2(83)  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. A fortnightly cycle of meetings was again being proposed in accordance with the emerging conclusions of  the  Standing  Orders  and  Internal  Procedures  Sub-Committee,  which  had decided  against  pursuing  a  3  week  cycle. The  draft  schedule  followed  the emerging convention that States meetings should not take place during school holidays.

The Committee approved the dates proposed, save that it agreed the final meeting in July should commence on the afternoon of Monday 14th, so that the Assembly might deal with both oral and written questions early in what was thought likely to be a particularly busy week for States business.

The Committee agreed that the amended report should be presented to the States forthwith.

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

Machinery of  A6.  The Committee, with reference to its Minute No. A2(a) of 23rd May 2013, Government  recalled  that  it  had  received  the  responses  of  the  Chief  Minister  and  the Review Sub- Chairmen's  Committee  regarding  the  interim  report  of  the  Machinery  of Committee:  Government Review (MOGR) Sub-Committee.

update.

465/1(182)  The  Committee  received  an  oral  update  from  the  Chairman,  MOGR  Sub-

Committee regarding the production of a final report.

The Committee was advised that the Sub-Committee had been given access to and had reviewed an options paper commissioned by the Chief Minister on machinery of government reform. It had further met on the morning of 11th July to consider a first draft of its own final report. A series of 39 provisional recommendations had been drafted by the Committee Clerk for consideration. Agreement had been reached on a significant number of these. Although it was apparent that further detailed consideration needed to be given to the role of Scrutiny and of Assistant Ministers, the Chairman considered that a draft final report could reasonably be submitted  for  consideration  at  the  Committee's  next  scheduled  meeting  in September.

The Committee noted the position and agreed that the Sub-Committee should produce a draft final report for consideration at the Committee's next scheduled meeting on 5th September 2013.

Carswell  A7.  The Committee, with reference to its Minute No. A4 of 25th April 2013, Review Sub- recalled that it had endorsed the terms of reference for the Carswell Review Sub- Committee:  Committee.

update.

499/3(22)  The Committee received a progress report from the Chairman, Carswell Review

Sub-Committee. It was advised that the Sub-Committee had met for the first time on 4th July 2013 and had concluded that it should visit the Speaker's Office at Westminster  during  October  2013  and  meet  with  the  Speaker,  as  well  as  the various officials who underpinned this role. In the interim, the Assistant Greffier had requested an update from the Bailiff 's Chambers of the statistics contained within  R.143/2010 relating  to  the  three  elements  of  the   Bailiff 's  current role. These statistics would be analysed in order that the extent of the Bailiff 's States and civic related duties might be better understood. The Sub-Committee expected to  meet  with  the   Bailiff  and  Chief  Minister  once  it  had  researched  its  draft proposals. It was envisaged that these proposals would be ready to present to the main Committee in late autumn and, if approved, ready for debate before the end of 2013.

The Committee noted the position.

Pensions for  A8.  The Committee, with reference to its Minute No. A6 of 25th April 2013, States  recalled that the Chairman had planned to make contact with the Treasury and Members.  Resources  Department  and  establish  whether  a  reformed  Public  Employees 1240/3(85)  Contributory  Retirement  Scheme  (PECRS)  might  be  capable  of  providing  a

pension  scheme  for  States  Members  broadly  in  accordance  with  option  1  of R.132/2009.

The Committee received an oral report from the Committee Clerk concerning the possibility  of  utilising  the  PECRS  to  provide  a  pension  scheme  for  States Members. It was advised that the Project Director – Pensions had reviewed the position and, having received advice from the Law Officers' Department, had concluded that States Members could be included in the PECRS. An amendment to primary legislation and new secondary legislation would be required to achieve

the same. Initial research had indicated that the contribution rate for Members would be in the region of 8 per cent for members (i.e. States members), with a further employer' contribution to be required also.

The Committee noted the position and resolved to consider a formal report on the matter at its next scheduled meeting.

Draft States of  A9.  The Committee, with reference to its Minute No. A5 of 23rd May 2013, Jersey  recalled that the Draft States of Jersey (Amendment No.7) Law 201- (P.64/2013 (Amendment  refers) was due to be debated on 16th July 2013.

No.7) Law

201-  The Committee considered a report concerning amendments, lodged by Deputy (P.64/2013):  T.M. Pitman and Deputy A.K.F. Green, M.B.E. of St. Helier , to P.64/2013. amendments.

450(15)  The Committee concluded that the draft report could, with minor amendments,

serve as a factual comment to both amendments indicating –

1. that the statistical analysis used by both Deputies Pitman and Green varied from that used by the Electoral Commission;
2. that the question of which statistical analysis was appropriate was a matter for Members to consider;
3. precisely how Deputy Green's amendment would affect the number of eligible voters per district in St. Helier ; and,
4. that each amendment would increase the number of elected States Members to either 46 or 47.

The  Committee  approved  its  comment  to  the  amendments  to  P.64/2013  and agreed that they should be presented to the States forthwith.

The Deputy Greffier of the States was authorised to take the necessary action.

Code of  A10.  The Committee, with reference to its Minute No. B2 of 23rd May 2013, Conduct:  recalled that it had resolved to issue updated guidance to all States Members Guidance for  regarding use of the States of Jersey e-mail system.

Members re

use of e-mail  The Committee considered a draft report concerning use of the States of Jersey e- system.  mail system.

1240/9/1(143)

The Committee, having made 2 minor amendments to the draft report, approved the same and agreed that it should be presented to the States forthwith.

The Deputy Greffier of the States was authorised to take the necessary action.