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STATES OF JERSEY
SCRUTINY PANEL CONSTITUTION: MINIMUM SIZE
Lodged au Greffe on 7th November 2023 by Deputy M.B. Andrews of St Helier North Earliest date for debate: 28th November 2023
STATES GREFFE
2023 P.94
PROPOSITION
THE STATES are asked to decide whether they are of opinion
to request the Privileges and Procedures Committee to bring forward, before December 2024, the necessary amendments to the Standing Orders of the States of Jersey–
- to permit a Scrutiny Panel to operate with fewer than three Members no longer than the States meeting following a reduction in the number of Members of the panel to fewer than three; and
- to require the election of a Scrutiny Panel Chair at the next States meeting following the dissolution of a Scrutiny Panel.
DEPUTY M.B. ANDREWS OF ST. HELIER NORTH
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P.94/2023
REPORT
The Scrutiny function comprises non-executive Members who scrutinise the executive across six different Scrutiny Panels. Standing Orders permit a Scrutiny Panel to elect a maximum of five non-executive Members alongside the appointment of a Chair to a Panel (excluding the Public Accounts Committee). However, there remains no process in Standing Orders to define the number of Members needed to constitute a Panel.
I am proposing to amend Standing Orders to address the potential for a situation where a Member, or Members, other than the Panel Chair, stand down, leaving fewer than three Members on a Scrutiny Panel or Sub-Panel. The Chair will be given until the next States meeting to recruit sufficient Members to the Panel – if this is not possible then Scrutiny Panel or Sub-Panel will automatically dissolve,
If a Scrutiny Panel or Sub-Panel dissolves, I am proposing the States Assembly will hold an election to elect a Chair to the Scrutiny Panel at the next States meeting.
Consideration should also be given for members of a Scrutiny Panel or Sub-Panel who cannot attend scrutiny sessions for medical reasons. In such a case where a Scrutiny Panel has three Members, but one member is absent on long-term sick leave, the Scrutiny Panel or Sub-Panel should not be reconstituted because the Panel still retains three Members to constitute a Panel.
As the work of Scrutiny can be very demanding, covering Government legislation, subordinate legislation, Government policies and areas of overwhelming public interest. I believe there should be a minimum membership requirement for all Scrutiny Panels and Sub-Panels in order to provide effective scrutiny and not to overburden Members.
Therefore, I am asking the Privileges and Procedures Committee to bring forward proposals to change Standing Orders no later than December 2024.
Financial and staffing implications
There will be a drafting amendment to standing orders that will be within existing budget.
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P.94/2023