Skip to main content

Privileges and Procedures Committee 21st April 2015

The official version of this document can be found via the PDF button.

The below content has been automatically generated from the original PDF and some formatting may have been lost, therefore it should not be relied upon to extract citations or propose amendments.

TM/SC/119

PRIVILEGES AND PROCEDURES COMMITTEE (9th Meeting)

21st April 2015

PART A (Non-exempt)

All members were present.

Connétable L. Norman of St. Clement , Chairman Senator P.F.C. Ozouf

(not present for item Nos. A1, A4-A7) Connétable D.W. Mezbourian of St. Lawrence

(not present for item No. A8)

Connétable J.E. Le Maistre of Grouville

(not present for item No. A8)

Connétable C.H. Taylor of St. John

Deputy J.A. Martin

Deputy S.Y. Mézec of St. Helier

In attendance -

M.N. de la Haye O.B.E., Greffier of the States

L.M. Hart , Deputy Greffier of the States

T. McMinigal, 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 10th February 2015 (Part B only) and 16th

March 2015 (Part A and Part B), having been previously circulated, were taken as read and were confirmed.

Role of the  A2.  The Committee, with reference to its Minute No. A7 of 16th March 2015, Presiding  considered a report from the Committee Clerk in connexion with the role of the Officer.  Presiding Officer of the States Assembly.

450/1(18)

The Committee recalled that at its previous meeting it had agreed to formally review the role of the Bailiff as President of the States. Members were advised that, based upon evidence from a range of comparable jurisdictions, a number of possible arrangements existed in respect of the Presiding Officer. From a purely practical standpoint, the creation of a post of elected speaker appeared feasible, although it was likely that there would be a cost associated with it, and the impact on  the  civic  head  role  of  the   Bailiff  was  hard  to  assess.  The  Committee acknowledged that, ultimately, the responsibility would fall on its shoulders to adopt a political stance on the matter, whether that was in favour of the status quo or of some change.

The Committee further recalled that it had invited the Chief Minister to attend its current meeting to discuss the topic at first-hand. Whilst the Chief Minister had withdrawn his attendance at a late juncture due to other urgent commitments, he had nevertheless issued correspondence, dated 20th April 2015, in which he set out some thoughts for the Committee's consideration. The Committee noted that the Chief Minister proposed that a change might be made to the States of Jersey Law

50

9th Meeting 21.04.15

2005, whereby the Bailiff and Deputy Bailiff would not preside when laws were being made. Instead, in such instances an elected member or the Greffier/ Deputy Greffier of the States would preside. It was suggested that such a change might improve the current position in relation to widely accepted judicial standards, without affecting the overall position of the Bailiff as President of the Assembly.

Having reviewed this correspondence, the Committee considered that it should be shared with the Bailiff for comment, subject to the Chief Minister's permission. Members also wished to reiterate their invitation to the Chief Minister to attend a meeting of the Committee to discuss the matter in person. The Committee Clerk undertook to make the necessary arrangements.

Overall, it was felt that no position should be taken until the entire Committee was both  present  and  in  full  possession  of  the  relevant  facts  and  arguments.  The Committee was in agreement that it should review the role of the Bailiff to the fullest extent possible, giving consideration as to how an alternative Presiding Officer might undertake those duties which were perhaps less visible, for example the approval of questions and propositions. The Committee noted the position accordingly.

States  A3.  The Committee, with reference to its Minute No. A2 of 10th April 2014, Assembly  received a draft of the 2014 States Assembly Annual Report.

Annual Report

2014.  The Committee, having requested that one section displayed in the document be 1240/25(9)  reordered, agreed to present the report to the States once a foreword from the

Bailiff and an introduction from the Chairman had been added, and once a period of a week had been allowed to account for any further amendments as suggested by Members. The Greffier of the States was requested to take the necessary action.

Web-streaming  A4.  The Committee, with reference to its Minute No. B1 of 16th March 2015, of meetings of  received an update from the Greffier of the States in relation to the web-streaming the States.  of meetings of the States.

465/4(13)

The Committee noted that the report and proposition "States Assembly: filming proceedings and the installation of clocks" (P.39/2015 refers) had been lodged "au Greffe" on 16th April 2015 for debate at the States Assembly sitting on 2nd June 2015.

Having lodged the proposition, the Committee re-iterated its suggestion that a briefing  be  arranged  to  demonstrate  the  benefits  and  capabilities  of  a  web- streaming facility to all States Members. Officers from the States Greffe undertook to make the necessary arrangements in respect of the above.

The  Committee  also  considered  that  it  would  be  useful  to  receive  written confirmation  from  the  Planning  and  Environment  Department  that  planning permission was not required in order to install filming equipment in the States Chamber. The Greffier of the States undertook to liaise with that Department in order to obtain its consent.

Connétable s J.E. Le Maistre of Grouville and C.H. Taylor of St. John maintained their dissent from the Committee's decision on the basis that the cost of web- streaming was prohibitive, especially in the current economic context.

Installation of  A5.  The Committee, with reference to its Minute No. B2 of 10th February 2015, digital clocks  received an update from the Greffier of the States in respect of the installation of in the  digital clocks in the States Chamber.

Chamber.

51

9th Meeting 21.04.15

465/4(14)  The Committee noted that the report and proposition "States Assembly: filming

proceedings and the installation of clocks" (P.39/2015 refers) had been lodged "au Greffe" on 16th April 2015 for debate at the States Assembly sitting on 2nd June 2015.

States  A6.  The Committee, with reference to its Minute No. A3 of 16th March 2015, procedures:  received an oral update from the Committee Clerk on the activities of the Standing review  Orders and Internal Procedures Sub-Committee.

465/4(14)

The Committee noted that a second meeting of the Sub-Committee had been held on 23rd March 2015 to discuss, among other matters, the appointment procedures for Ministers and Chairmen and the conduct of question time within the Assembly. The  Committee  Clerk  advised  that  a  report  formalising  the  Sub-Committee's deliberations  would  be  prepared  and  presented  to  the  Committee  upon  the conclusion of its examination of States procedures.

The Committee recalled that a targeted questionnaire honing in on specific areas of procedure was being drafted and would be issued to all States Members once finalised.  The  Committee  was  informed  that  this  questionnaire  was  close  to completion  and  would  be  distributed  once it  had  been  approved  by  the  Sub- Committee.

The Committee further recalled that the Sub-Committee had mooted the possibility of arranging a workshop for all States Members wherein Standing Orders would be discussed. A date of 16th June 2015 had been set for this workshop. Invitations would follow in due course.

The Committee noted the position accordingly and awaited further developments with interest.

Composition  A7.  The Committee, with reference to its Minute No. A4 of 16th March 2015, and election of  received an oral update from the Deputy Greffier of the States on the activities of the States  the Sub-Committee on the Composition and Election of the States Assembly. Assembly.

465/1(195)  The Deputy Greffier reported that an Officer Group meeting had taken place on

30th March 2015 to discuss the outcomes of the meeting of the Sub-Committee on 18th February 2015. Officers had undertaken to prepare a provisional timeline for the reform process, draft terms of reference, a longlist of potential questions for the first in a series of open forum' meetings with all States Members and a summary of the Venice Commission insofar as it related to the States Assembly. These materials  would  be  presented  to  the  Sub-Committee  and  finalised  at  its  next meeting, which was scheduled for 12th May 2015.

The Committee further noted that a date of 2nd June 2015 had been secured for the hosting  of  the  Sub-Committee's  first  open  forum'  meeting  with  all  States Members. This meeting would initiate the Sub-Committee's consultation process with the wider Assembly. The Deputy Greffier indicated that arrangements would be made to accommodate those Members unable to attend this inaugural meeting in order that their views might also be recorded. Members were informed that a letter of invitation would be issued to all States Members following the Sub- Committee's meeting on 12th May 2015. The Committee Clerk undertook to draft a letter to this effect for the Chairman's signature.

States  A8.  The Committee, with reference to its Minute No. A2 of 20th February 2015, Members'  received  correspondence  dated  17th  April  2014  from  the  States  Members' Remuneration  Remuneration  Review  Body  (SMRRB)  in  connexion  with  its  intention  to Review Body:  undertake a fresh and full review of States Members' pay.

21.04.15

review of

States  The Committee recalled that, following the appointment of Mr. I. Black, Mr. G. Members' pay.  White and Mrs. L. Read, the SMRRB had been fully re-constituted. At its first 1240/3(73)  meeting on 13th April 2015 the SMRRB had selected Mr. J. Mills C.B.E. to act as

its Chairman.

Members  noted  that  the  SMRRB's  review  would  be  prepared  so  that  the implementation of any recommendations should be from the time of the next elections in 2018. In the first instance, the SMRRB considered that it would benefit from an informal conversation with the Committee wherein it would ask Members for their reflections on the role and responsibilities of a States Member. It was noted that it was these attributes which, to a greater or lesser extent, shaped the reward structure of the vast majority of modern organisations.

The Committee considered that it was right and proper to arrange this conversation with the SMRRB. The Greffier of the States undertook to make the necessary arrangements.

Register of  A9.  The Committee, with reference to its Minute No. A7 of 10th February 2015, Names and  received an oral update from the Chairman in respect of the "Draft Register of Addresses  Names and Addresses (Comparison with Electoral Registers) (Jersey) Regulations (Comparison  201-."

with Electoral

Registers)  The Committee recalled that, in December 2013, the Committee as previously (Jersey)  constituted  had  agreed  the  Association  of  Electoral  Administrators  should  be Regulations  appointed  to  conduct  a  feasibility  study  to  establish  whether  the  Names  and 201-.  Addresses Register could be used to generate the electoral register automatically 756/4(1)  without the need for the current annual registration process.

The Committee noted that the Regulations required to enable the trial to take place had now been drafted by the Chief Minister, and had been presented to the Comité des Connétable s on 20th April 2015. The Comité expressed that it was content for the Chief Minister to proceed with the lodging of the Regulations.

It was anticipated that the electoral districts of St. Helier No. 1, St. Saviour No. 1 and St. Brelade No. 1 would participate in the pilot should the Regulations be approved by the States. The trial was expected to cost £5,200, a sum which would be met from the States Assembly budget. A report on the outcomes of the test would then be prepared, paving the way for consideration to be given to the most appropriate way forward for electoral registration in Jersey.

The Committee noted the position accordingly.