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Privileges and Procedures Committee 5th April 2018

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401

KS/MH/102

PRIVILEGES AND PROCEDURES COMMITTEE (97th Meeting)

5th April 2018

(Business conducted via electronic mail) PART A (Non-exempt)

All members were present, with the exception of Deputy J.A. Martin of St. Helier and Deputy S.M. Brée of St. Clement , from whom apologies had been received.

Connétable L. Norman of St. Clement , Chairman

Connétable D.W. Mezbourian of St. Lawrence

Deputy K.C. Lewis of St. Saviour (in attendance for item A2 only) Deputy S.Y. Mézec of St. Helier

Deputy S.M. Wickenden of St. Helier (in attendance for item A1 only)

In attendance -

L.M. Hart , Deputy Greffier of the States

K.L. Slack, Clerk to the Privileges and Procedures Committee Note:  The Minutes of this meeting comprise Part A only.

Commissioner  A1.  The Committee received a report from the Commissioner for Standards (the for Standards –  Commissioner'), following his investigation into a complaint that Senator A.K.F. report in  Green and Deputy E.J. Noel of St. Lawrence had breached the Code of Conduct for respect of a  Elected Members (the Code'). The Committee recalled that the Commissioner was complaint  required to report to it on the outcome of any investigation referred to him.

against Senator

A.K.F. Green  The Committee noted that Messrs. A. Le Quesne and R. Huelin had complained to and Deputy  the Commissioner on 21st December 2017, alleging that Senator Green and Deputy E.J. Noel.  Noel had breached the Code by providing Members of the States with information 1497/99/1(8)  which was factually defective and misleading and had, thereby, conveyed a false impression to Members in the context of planning for the proposed future hospital'.

Having received a comprehensive response to the complaint from Senator Green and Deputy Noel, the Commissioner had found no evidence to suggest that they had breached the Code of Conduct for Elected Members.

The Committee decided, as it had done in relation to previous complaints against Members of the States, to publish the Commissioner's report in the Reports series, without the attachments which had been provided by the Commissioner. It was of the view that the body of the report contained sufficient evidence to justify the conclusions reached by the Commissioner, without the need to attach the supporting documentation.

The Committee requested the Committee Clerk to append a preamble from it to the Commissioner's report and to send the report, with preamble, to Senator Green and Deputy Noel in advance of arranging for it to be presented to the States.

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97th Meeting 05.04.2018

Commissioner  A2.  The Committee received a report from the Commissioner for Standards (the for Standards –  Commissioner'), following his investigation into a complaint that Deputy R.G. report in  Bryans of St. Helier had breached the Code of Conduct for Elected Members (the respect of a  Code'). The Committee recalled that the Commissioner was required to report to it complaint  on the outcome of any investigation referred to him.

against Deputy

R.G. Bryans.  The  Committee  noted  that  Senator  A.K.F.  Green  had  complained  to  the 1497/99/1(9)  Commissioner on 23rd January 2018, that Deputy Bryans had breached the Code.

The complaint centred on the receipt by the Director of Education of an anonymous letter which alleged over familiarity by Deputy Bryans with female members of staff at the Education Department; a specific allegation that Deputy Bryans had adjusted the  dress  zip  of  a  female   Deputy  and  general  disquiet  over   Deputy  Bryans' behaviour. In advance of making his complaint to the Commissioner, Senator Green had  commissioned  a  report  from  a  consultant,  who  had  carried  out  various interviews  and  had  recommended  that  the  matter  should  be  referred  to  the Commissioner.

The Commissioner, himself, had interviewed various witnesses in relation to the allegations inter alia members of staff at the Education Department, the female Deputy whose dress zip Deputy Bryans was alleged to have adjusted and other Members of the Council of Ministers. The Commissioner had also conducted an interview with Deputy Bryans and had subsequently sought clarification in relation to certain matters by electronic mail.

The Committee noted that the conclusion of the Commissioner was that Deputy Bryans had not breached the Code.

The Committee decided, as it had done in relation to previous complaints against Members of the States, to publish the Commissioner's report in the Reports series, without the attachments which had been provided by the Commissioner. It was of the view that the body of the report contained sufficient evidence to justify the conclusions reached by the Commissioner, without the need to attach the supporting documentation.

The Committee requested the Committee Clerk to append a preamble from it to the Commissioner's report and to send the report, with preamble, to Deputy Bryans in advance of arranging for it to be presented to the States.