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2013-07-22 PPC (A)

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IC/SC/221

PRIVILEGES AND PROCEDURES COMMITTEE (1st Meeting)

22nd July 2013

PART A

All members were present, with the exception of Senator B.I. Le Marquand, from whom apologies had been received.

Deputy J.M. Maçon, Chairman Connétable L. Norman of St. Clement Deputy J.A. Martin

Deputy M. Tadier

Deputy K.L. Moore

Deputy J.H. Young

In attendance -

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

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 only.

Chairman's  A1.  The  Chairman  welcomed  the  members  of  the  newly  reconstituted welcome.  Committee.

Appointment  A2.  The Committee appointed Deputy M. Tadier as Vice Chairman. of Vice

Chairman.

Meeting dates.  A3.  The Committee agreed to meet again on the afternoon of 5th September,

during which meeting it would confirm meeting dates for the remainder of 2013.

Machinery of  A4.  The Committee, with reference to Minute No. A6 dated 11th July 2013 of Government  the Committee as previously constituted, and having been briefed on the status of Sub- the  work  being  carried  out  by  the  Machinery  of  Government  Review  Sub- Committee:  Committee, agreed to reconstitute the Sub-Committee as follows –

reconstitution.

465/1(182)   Deputy M. Tadier (Chairman)

Connétable L. Norman (Vice Chairman)

Deputy J.A.N. Le Fondré

Deputy T.A. Vallois

Deputy G.C.L. Baudains

Deputy J.H. Young

The Committee instructed the Sub-Committee to complete its final report and submit the same to the Committee for consideration at its next scheduled meeting in September.

Work  A5.  The Committee considered a report entitled: Work Programme as at July programme as  2013,'  which  outlined  the  status  of  the  various  sub-committees  and  other at July 2013.  workstreams commissioned by the Committee as previously constituted.

157

1st Meeting 22.07.13

465/1(110)

The Committee, having noted that both the Public Elections Sub-Committee and the Standing Orders and Internal Procedures Sub-Committee had concluded their work, agreed that the final reports of both sub-committees should be added to the Committee's September agenda for consideration. It was acknowledged that the final  report  of  the  Public  Elections  Sub-Committee  was  both  voluminous  and detailed and would therefore necessitate a meeting of extended duration.

Turning to the Carswell Sub-Committee, (Minute No. A7 dated 11th July 2013 of the Committee as previously constituted refers), the Committee concluded that other matters on its agenda should necessarily be given priority in the short to medium  term. On  that  basis,  the  Committee  elected  not  to  reconstitute  the Carswell Sub-Committee, albeit that it agreed to review the position towards the end of its term of office and to consider making a recommendation to its successor in the latter part of 2014.

The Committee noted that a review of States Members' facilities was ongoing and it resolved to await a progress report at its next meeting.

The Committee recalled that the Committee as previously constituted had lodged au  Greffe'  a  proposition  seeking  approval  for  a  Commissioner  for  Standards (P.4/2013 refers). This proposition had been withdrawn following discussions with counterparts in Guernsey regarding the possibility of establishing a joint commissioner. The Committee agreed that it would wish to consider re-lodging P.4/2013  at  its  September  meeting  unless  the  Chairman  was  advised  in  the intervening period that Guernsey was in a position to proceed on the matter.

The Committee Clerk was authorised to take the necessary action.

Electoral  A6.  The Committee, with reference to Minute No. A9 dated 11th July 2013 of Commission:  the Committee as previously constituted, recalled that on 16th July the States outcome of  Assembly had rejected the Draft States of Jersey (Amendment No.7) Law 201- debate on  (P.64/2013 refers) and had subsequently adopted part (b) of the related proposition P.64/2013.  lodged  au  Greffe'  by  Senator  B.I.  Le  Marquand  and  which  was  entitled: 450(15)  Referendum on States reform: outcome' (P.74/2013 refers). It was therefore the

case that the Committee was charged with seeking alternatives for reform of the Assembly.

The Committee considered various methodologies for collecting the data needed to devise alternative reform proposals. In so doing, the Committee was mindful that achieving substantive reform in time for the next public elections in October 2014 would necessitate the lodging and debating of propositions by December 2013. There was broad agreement that some degree of reform must be achieved by October 2014. The Committee was also mindful that Members might consider lodging their own reform propositions in the intervening period.

The Chairman advised the Committee of his wish to speak to all opponents of P.64/2013, and the Committee agreed that its officers should complete a review of the Hansard of the P.64/2013 debate. This review should be supplemented with a questionnaire  to  all  States  Members  that  would,  amongst  other  things,  invite respondents to confirm which factors most influenced their decision to vote for or against. A report analysing the data collated would then be submitted to the Committee at its September meeting for consideration.

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

1st Meeting 22.07.13

Public  A7.  The  Committee  recalled  that  on  17th  July  2013   Deputy  M.   Tadier  had Elections –  lodged au Greffe' a report and proposition entitled: Public Elections – Single Single  Transferable  Voting  System  (STV)  and  an  Alternative  Voting  System  (AV)' Transferable  (P.86/2013 refers). This proposition invited the States to bring forward plans for Voting System  the implementation of STV for multi-member constituencies and an AV system for (STV) and an  single member constituencies in time for the 2014 elections.

Alternative

Voting System  The Committee considered an oral request from Deputy Tadier that it arrange and (AV)  fund a briefing for all States Members, to be delivered by Dr. A. Renwick of the (P.86/2013):  University of Reading, United Kingdom, on the relative merits of the STV and AV request for  voting systems. In submitting his request, the Deputy invited the Committee to Committee to  note  that  Dr.  Renwick  had  served  as  a  specialist  advisor  to  the  Electoral arrange  Commission during 2012 and that his report entitled: The Jersey States Assembly presentation.  in  Comparative  Perspective'  had  recommended  the  adoption  of  STV  and  AV 424/2(86)  voting systems.

In considering the proposal, the Committee was mindful that Deputy Tadier had lodged  his  proposition  without  having  secured  the  prior  endorsement  of  the Committee as previously constituted. It was further mindful of the adoption, and subsequent abandonment, of the STV system in the Isle of Man.

The  Committee  agreed,  by  majority,  that it should  invite  Dr.  A.  Renwick  to deliver a suitable presentation for all States Members on the STV and AV voting systems prior to the forthcoming States debate on P.86/2013.

The Committee Clerk was authorised to take the necessary action.

Planning  A8.  The Committee noted that on 22nd July 2013 the Minister for Planning and Appeals:  Environment had lodged au Greffe' a report and proposition entitled: Planning Revised  Appeals: Revised System' (P.87/2013 refers), which sought the endorsement of the System  States for a new Planning Appeals process to replace the present appeal provisions (P.87/2013).  in  the  Planning  and  Building  (Jersey)  Law  2002  and  for  certain  associated 410/2(17)  proposals.

Deputy J.H. Young requested that the Committee consider whether the proposals outlined in P.87/2013 fell within the Committee's terms of reference as defined in Standing Order 128.

The  Committee  concluded  that  the  proposals  made  in  P.87/2013  did  not  fall directly within its terms of reference.