23/05/2013

IC/SC/156

PRIVILEGES AND PROCEDURES COMMITTEE (29th Meeting)

23rd May 2013

PART A

All members were present, with the exception of Deputy J.A. Martin, Deputy M. Tadier , from whom apologies had been received.

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

Senator Sir P.M. Bailhache

Connétable L. Norman of St. Clement

Deputy K.L. Moore

In attendance -

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

A.H. Harris , Deputy Greffier of the States

Note:  The Minutes of this meeting comprise Part A and Part B.

Minutes.  A1.  The Minutes of the meetings held on 12th April (Part A only) and 25th April

2013 (Parts A and B), 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 12th and 25th April 2013 –

1. Minute No. A5 of 25th April – the Committee noted that the Chief Minister had responded to the interim report of the Machinery of Government  Review  Sub-Committee  and  that  the  Chairmen's Committee was due to submit its response imminently;
2. Minute No. A6 of 25th April – the Committee was advised that the Committee Clerk had been corresponding with the Project Director – Pensions and that a further update would be given at the Committee's next scheduled meeting; and,
3. Minute  No.  A7  of  25th  April  –  the  Committee  noted  that  the Chairman  had  written  to the  Chairman  of  the  Corporate  Services Scrutiny  Panel  outlining  the  Committee's  views  on  the  proposed establishment of the office of Minister for External Relations.

States of  A3.  The Committee, with reference to its Minute No. A2 of 23rd May 2012, Jersey  received the draft States of Jersey Complaints Panel Report 2012.

Complaints

Panel: report  The  Committee  welcomed  a  delegation  of  the  Complaints  Panel  comprising: for 2012.  Advocate R.J. Renouf , Chairman; C. Vibert and G.G. Marett.

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Having noted that C. Vibert was due to retire in January 2014, the Committee thanked Miss Vibert warmly for having given sterling honorary service to the Complaints Panel over the previous decade.

During its review of the draft report the Committee noted that, whereas in previous years the majority of cases had concerned decisions made by the Minister for Planning and Environment, complaints received in 2012 had related to decisions made by a broad range of Ministers. In the case of a complaint made against the Minister for Education, Sport and Culture, the Committee noted with regret that the Department had not felt able to follow the recommendations of the Board and improve its appeals system to meet well established standards of best practice. The Committee was nevertheless reassured to learn that the majority of complaints made were considered not to relate to matters of maladministration.

The Committee sought feedback from the Board regarding the effectiveness of the existing procedure and, in particular, whether there might be grounds to consider enhancing the role of the Complaints Panel such that it might broadly replicate the function of an ombudsman. In this regard, the Chairman of the Complaints Panel undertook to submit a report in due course for consideration by the Committee.

The delegation commended the Assistant Greffier of the States for the diligent and knowledgeable service she provided for the Complaints Panel and for repeated successes in diffusing complaints fairly and at an early stage. The Greffier's Secretary was also warmly thanked for having provided excellent administrative support throughout the year.

The Committee, having noted the content of the draft report and the Chairman's forward, approved the same and agreed that it should be presented to the States in the report series on or before 4th June 2013.

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

Code of  A4.  The Committee, with reference to its Minute No. A4 of 25th April 2012, Practice on  received  the  2012  Annual  Report  on  the  number  of  requests  received  by Public Access  departments which mentioned the Code of Practice for Public Access to Official to Official  Information.

Information:

2012 Annual  The  Committee  noted  that,  in  accordance  with  Standing  Order  128(g)  of  the Report.  Standing Orders of the States of Jersey it was the responsibility of the Committee 955/1(11)  "to keep under review the procedures and enactments relating to public access to

official information and the procedures relating to access to information for elected members".   In  this  regard  and  pending  implementation  of  the  Freedom  of Information  (Jersey)  Law  2011,  a  report  was  compiled  annually  detailing  the number of requests that had been received by departments which had mentioned the Code of Practice on Public Access to Official Information. Figures provided by departments did not fully reflect the number of requests for information that were received during the year, as many requests received made no mention of the Code and were dealt with as business as usual.

The Committee noted the content of the Annual Report on the Code of Practice on Public  Access  to  Official  Information  and  agreed  that  the  report  should  be presented to the States forthwith.

The Committee Clerk was authorised to take the necessary action.

On a related matter, the Committee Clerk was asked to establish the number of requests for information processed annually by the Health and Social Services Department.

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Draft States of  A5.  The Committee, with reference to its Minutes Nos. A3 and B6 of 25th April Jersey  2013, recalled having agreed that the process of implementing the outcome of the (Amendment  referendum  held  on  24th  April  2013  should  commence  in  early  course  with No.7) Law  preparation of the law drafting instructions for an amendment to the States of 201-: lodging.  Jersey Law 2005.

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The Committee considered the draft States of Jersey (Amendment No.7) Law 201-, together with an accompanying report.

It was understood that several States Members had been less than satisfied with the outcome of the referendum and were considering whether to lodge a proposition calling for the referendum verdict to be set aside. In this regard, the Committee concluded that a considered debate on the draft States of Jersey (Amendment No.7) Law 201- and any amendments that might be lodged au Greffe'  would provide the States with the most appropriate mechanism for considering in detail the outcome of the referendum and the final report of the Electoral Commission, in accordance with which the referendum had been devised.

The Committee noted that the report accompanying the draft Law included an appendix  discussing  the  operation  of  the  States  Assembly  with  42  elected members. A minor amendment was made to the text of the same to confirm the Committee's position on the matter.

The Committee approved the draft States of Jersey (Amendment No.7) Law 201- and delegated to the Chairman the authority to lodge the same au Greffe' once advice had been received from the Law Officers' Department regarding the human rights compatibility of the draft Law.

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

On a related matter, the Chairman confirmed that he was considering whether to invite Senator Sir P.M. Bailhache to act as rapporteur for the draft Law. The Committee confirmed that it would be content with either the Chairman or Senator Bailhache acting as rapporteur.

Standing  A6.  The Committee recalled a discussion held during the course of the meeting Orders:  of the States held on 14th May regarding the late presentation of the comment of submission of  the Council of Ministers to the second amendment to P.33/2013 (The Reform of comments.  Social Housing'), the Council having attributed the delay to the Liberation Day 450/2/1(75)  holiday.

The  Committee  recalled  that  the  executive  had  a  generally  good  record  of presenting comments in advance of the deadline specified in Standing Order 37A. There  had,  however,  been  several  occasions  during  2012  and  2013  when comments had been submitted to the States Greffe after the deadline and the statement provided in accordance with Standing Order 37A had arguably been open to challenge.  

The  Committee  recommended that the  Chairman  write  to the  Chief Minister inviting him to review procedures and consider whether anything might be done to further limit the number of occasions on which the executive presented a late comment to the States Assembly.

Draft  A7.  The Committee  noted that  the draft Amendment No.21 of the Standing Amendment  Orders  of  the  States  of  Jersey  was  being  prepared  for  consideration  by  the No.21 of the  Committee in early course. As drafted, the amendment would –

Standing  (a)  extend to 8 weeks the minimum lodging period for a draft Budget, so Orders of the  as  to provide sufficient time  for the  Annual Report of the  Fiscal States of  Policy Panel to be considered by States Members in advance of the Jersey.  deadline for amendments to the Budget;

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2. provide  for  open  ballots  for  the  election  of  the  Chief  Minister, Ministers and Chairmen of committees/panels as per the decision of the States Assembly in respect of P. 188/2011, and
3. make permanent the permission to use electronic devices in the States Assembly, following the success of the trial held since the summer of 2012.

The Committee noted the position and resolved to consider the draft amendment via e-mail.