STATES OF JERSEY

Code of Conduct for elected members: complaint against Senator T.J. Le Main

Presented to the States on 5th December 2008
by the Privileges and Procedures Committee

STATES GREFFE

REPORT

On Monday 1st December 2008, the Privileges and Procedures Committee concluded its investigation under Standing Orders into a complaint arising out of an e-mail sent by Senator T.J. Le Main.

The e-mail was sent by Senator Le Main on Tuesday 14th October 2008 and referred to a hustings meeting held during the Senatorial elections. Complaints were then received by PPC from Mr. N. McMurray and Ms. L. Corby under the “Code of Conduct for Elected Members of the States” concerning the Senator’s conduct in sending the e-mail, the content of which they found offensive.

The matter was considered by the Committee in accordance with Standing Order 157(1) as a possible breach of the code. Having decided that there was a case to answer, the Committee accordingly invited Senator Le Main to exercise his right to be heard at its meeting of 1st December 2008. Mr. McMurray and Ms. Corby were also informed of the Committee’s decision.

Senator Le Main declined the Committee’s invitation to attend, and the matter was therefore adjudicated upon by the Committee in the Senator’s absence.

The Committee decided to uphold the complaints against Senator Le Main, as it considered that the e-mail did not meet the standards of behaviour expected of States members. The Committee did not propose taking any further action.

Whilst being sympathetic to the fact that States members do, on occasion, receive unfair comments from members of the public, the Committee does not consider that this in any way excuses the use of inappropriate and offensive language when initiating any communication or indeed when replying to correspondence received. The Committee would therefore urge all members to be aware of the tone and language used in correspondence, with regard to paragraph 5 of the Code of Conduct, which requires all members to –

“treat other members of the States, officers and members of the public with respect and courtesy and without malice, notwithstanding the disagreements on issues and policy which are a normal part of the political process”.