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WQ.200/2024
WRITTEN QUESTION TO THE CHAIR OF THE PRIVILEGES AND PROCEDURES
COMMITTEE
BY DEPUTY M.B. ANDREWS OF ST HELIER NORTH
QUESTION SUBMITTED ON TUESDAY 28th MAY 2024
ANSWER TO BE TABLED ON TUESDAY 4th JUNE 2024
Question
“Further to the presentation of R.107/2023, regarding a complaint against Deputies Moore and Morel , will the Chair advise –
- why, in light of the correspondence mentioned in the report between the Bailiff and Deputy Morel on the matter, a referral of Deputy Morel was made by her Committee to the Commissioner for Standards; and
- whether (in light of the provisions regarding the confidentiality of complaints in the statement of the Commissioner for Standards) any consideration was, or has been, given to the risk that sharing news of the referral of Deputies Morel and Moore with all States Members would contravene the Code of Conduct for Elected Members?”
Answer
The answer to the first part of the Deputy ’s question was provided to all States Members in correspondence I sent by e-mail on 31st March 2023. For ease of reference, I have appended a copy of the text I sent. Essentially, the Committee decided to make a referral to the Commissioner in light of the approaches made by Members to me and other members of the Committee voicing concerns about the communications relating to the unexpected resignation of the then Chief Executive.
In respect of the second part of the question, at the meeting at which the Committee decided to make a referral, consideration was given to the fact that, in normal circumstances, such referral to the Commissioner would indeed be kept confidential until an investigation had been concluded. However, given the sheer number of concerns raised by both Members (and the public), and in the interests of openness and transparency, the Committee agreed that the media should be advised of the referral; ahead of which Deputies Moore and Morel , and then all States Members, would be informed. This decision was taken before the current Commissioner for Standards first published a statement on how her functions would be discharged. Furthermore, the provisions of the Code of Conduct for Elected Members in respect of confidentiality also highlight that a decision to disclose information can occur when in the wider public interest.
Appendix – E-mail to all States Members on 31st March 2023 Dear all,
I have been contacted by several Members in relation to the events of the past week which prompted me to call for an urgent meeting of the PPC this morning to consider whether any direct action should be taken by the Committee. I am writing to all Members to inform you of the outcome of the Committee’s discussions.
The Committee recognises the strength of feeling amongst Members and public at large, regarding the way in which the resignation of the Chief Executive was communicated and the subsequent confusion in relation to the timeline of events. As part of PPC’s terms of reference is to take the necessary steps for the enforcement of the Code of Conduct for Members and to promote high standards amongst Members, the Committee has concluded that it cannot ignore the concerns and questions expressed by Members on this matter. Members will be aware, PPC does not undertake investigations into allegations of breaches of the Code, but has appointed a Commissioner for Standards who is able to independently and objectively review any complaints and bring forward recommendations to the Committee as to what action, if any, should be taken if such complaints are upheld.
Taking this into consideration, the Committee has decided to make a referral to the Commissioner who will independently and objectively review the matter and bring forward recommendations to the Committee as to what action, if any, should be taken if it is found that the Code has been breached. To be clear, the Committee’s referral will be in relation to both the Chief Minister and Deputy Chief Minister and the circumstances around the communication to the Assembly of the resignation of the Chief Executive Officer, Suzanne Wylie. Both the Chief Minister and Deputy Chief Minister have been informed.
Please note that the media will also be notified of the Committee’s decision on this matter, but no further comment will be made until the investigation by the Commissioner for Standards has been concluded.
Kind regards, Karen