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Statement by the President of Privileges and Procedures Committee re The draft Code of Conduct for elected members of the States

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STATEMENT TO BE MADE BY THE PRESIDENT OF THE PRIVILEGES AND PROCEDURES COMMITTEE ON 30th MARCH 2004

On 29th April 2003, the States adopted a proposition of the Privileges and Procedures Committee concerning the introduction of a Code of Conduct for Elected Members of the States and in doing so approved the draft Code attached to the proposition.

At the time of the debate it was made clear that the draft Code, and in particular the complaints procedure, could not be given full effect until its provisions were incorporated into the revised Standing Orders that are being prepared as part of the machinery of government reforms. Paragraph 3.1 of the report accompanying the proposition was in the following terms

3 . 1 It will be necessary for appropriate amendments to be made to the Standing Orders of the States to give

effect to the Code. The Privileges and Procedures Committee intends to bring forward those amendments as part of its overall review of the Standing Orders. In the interim it is hoped that Members will regard the Code as a helpful guide to conduct albeit, at this stage, an informal one.

Since April 2003, a small number of complaints have been submitted to the Privileges and Procedures Committee alleging breaches of the draft Code. After seeking the advice of the Law Officers the Committee has had to make it clear to complainants that the Code remains, as mentioned above, an informal one at this stage and the Committee has been unable to take any formal action in respect of these complaints. The Committee accepts that this situation is somewhat unsatisfactory but to avoid any further misunderstandings I am making this statement to clarify the position. The Committee is beginning work on the revised Standing Orders and this work will continue throughout 2004 so that they will be in place to coincide with the introduction of the new system of government in 2005.

Although the draft Code cannot yet be fully enforced, the Committee wishes to make it clear that it remains fully committed to promoting the principles contained in the Code which, as said at the time of the debate, are in fact nothing more than the normal standards of behaviour that should be expected from elected members at all times. I trust that all members share this view and will continue to do all they can to abide by the Code's provisions at all times.