STATES OF JERSEY

Draft States of Jersey (Amendment No. 5) Law 200- (P.122/2008): comments

Presented to the States on 8th September 2008
by the Council of Ministers

STATES GREFFE

COMMENTS

Background

Members will recall that at the end of 2006, the Privileges and Procedures Committee (PPC) was requested by the States to prepare a Report on the first 12 months of Ministerial Government, and appointed a Sub-Committee of 3 of its members to undertake this task – Connétable D. Gray, the Chairman, Senator M.E. Vibert, and Deputy J. Gallichan of St. Mary.

The Sub-Committee published its Report on 9th November 2007 which lays out a number of recommendations to be undertaken.

The Council of Ministers is pleased to note that, following consultation with States departments, Scrutiny and other stakeholders, PPC has completed the first phase of its deliberations and has lodged amendments to the States of Jersey Law 2005 (P.122/2008, attached as an Appendix to these Comments).

Article 2 – Suspension of Minister in respect of whom a proposition for dismissal is to be lodged

It is of some concern to the Council of Ministers that that current situation does not allow for an interim resolution in the event of a serious breakdown in Ministerial co-operation. This is a matter that could have potentially very serious consequences if any future event caused a Minister to be unable to discharge his/her duties but unwilling to relinquish office.

The Council of Ministers is therefore pleased to support the amendments to the Law lodged by PPC, which it believes should rectify this situation.

Article 3 – Delegation of functions by Ministers

The Council of Ministers has noted the requirements outlined in Article 30A concerning the delegation of functions by Ministers and supports PPC’s suggested amendments to the Law.

Article 4 – Remuneration of elected members – pension provision

The Council of Ministers has noted that PPC’s amendment does not in any way mean that a pension system should necessarily be introduced. This is a decision that will need to be made by the States Members’ Remuneration Review Body when it reports on remuneration levels for 2009 and beyond.

The Council of Ministers is therefore pleased to support the amendments to the Law lodged by PPC.

APPENDIX