PPC Minutes (Part A) - 2 December 2024

68

Privileges and Procedures Committee (12th Meeting)

2nd December 2024

Part A (Non-Exempt)

All members were present, with the exception of Deputies L.K.F. Stephenson of St. Mary , St. Ouen and St. Peter , T.A. Coles of St. Helier South and L.M.C. Doublet of St. Saviour , from whom apologies had been received.

Connétable K. Shenton-Stone of St. Martin , Chair Deputy C. S. Alves of St. Helier Central , Vice Chair Connétable M.K. Jackson of St. Brelade (for a time) Deputy S.M. Ahier of St. Helier North

In attendance -

L-M. Hart , Greffier of the States

C. Fearn, Secretariat Officer, Specialist Secretariat

K.M. Larbalestier, Principal Secretariat Officer, Specialist Secretariat

Note:  The Minutes of this meeting comprise Parts A and B.

Review of the  A1.  The Committee, with reference to its Minute No. A8 of 11th November 2024, Code of  received Dr. M. McCullough, Commissioner for Standards in connexion with the Conduct for  ongoing review of the Code of Conduct for Elected Members.

Elected

Members.  The Committee recalled that it had recently considered the results of a survey on the

Code of Conduct and a summary of the views of the Commissioner was noted, as follows –

In terms of format, the current Code of Conduct should contain the following sections: Purpose (to include scope), Principles and Rules. The Committee was supportive of this approach.

A separate Guide to the Code of Conduct should be produced and published to provide further information and explanation in relation to the Code. The Committee was supportive of this approach.

Definitions of rules to be included in the Code. The Committee was supportive of this approach.

Paragraph 6 of the current Code to be simplified and expanded upon in the Guide to the Code of Conduct. The Committee was supportive of this approach.

The Purpose section of the Code should include the following:

Reference to any Guidance to the Code of Conduct

Matters of Conduct in the Chamber: provision to ensure Members were aware of the jurisdiction of the Presiding Officer in matters of conduct in the Chamber. The Presiding Officer could refer issues to the Commissioner for Standards if this was considered appropriate.

69 12th Meeting 02.12.2024

A provision to confirm whether the Code applied to Members at all times.

A provision which made it clear when the Code did not apply, that is -

- in  the  States  Chamber  during  States  Meetings  where  the  Presiding  Officer maintained order;

- in relation to complaints regarding the standard of service from a Member.

A provision which stipulated that complaints relating to conduct that occurred more than 6 months previously, in all but exceptional circumstances, went beyond the scope of the Code.

The Principles section of the Code should include the following:

The 2021 definitions of Descriptors for the 7 principles of public life and any other principles the Committee may consider appropriate.

Rules:

The development of a rules based code in line with the purpose and principles above, in accordance with the Codes developed in other jurisdictions (specific reference was made to the Code of Conduct for the National Assembly for Wales).

The  inclusion  of  additional  rules  from  the  Codes  developed  for  other Parliamentarians.

Provisions which were not included in the Code but appeared in other UK Codes of Conduct.

Sanctions:

The Commissioner noted that the current approach broadly mirrored that of the Northern Ireland Assembly, the Welsh Parliament and the House of Commons. However, the Commissioner believed that the Committee should determine the sanctions and recommendations.

Declarations of interest:

To be explained in the proposed Guidance which would accompany the Code.

Definition of Members' Behaviour:

Clarification would be required as to whether the Code applied at all times and this should be explained in the proposed Guidance.

Members discussed the Commissioner for Standards' investigation process and the need for confidentiality during live investigations. It was noted that survey responses from Members highlighted some concerns relating to the stress associated with maintaining  confidentiality  during  the  complaints  process.  The  Commissioner reminded the Committee of the counselling support which had been put in place for Members and added that it was reasonable to assume that Members might also identify a trusted individual' who could provide support whilst also maintaining absolute  confidentiality  during  the  process.  However,  she  stressed  that  the overarching requirement to act responsibly and avoid involving parties who did not need to know' protected the integrity of the conduct strategy, the Office of the Commissioner and, ultimately, the States Assembly.

The Greffier of the States highlighted comments from Members which also indicated support  for  a  recall  mechanism  where  significant  misconduct  occurred.  The Committee noted that a recall mechanism allowed voters to remove an elected representative  between  elections  by  signing  a petition.  A  recall  procedure  for Members of Parliament (MPs) had been introduced in the UK in 2015 in response to the MPs' expenses scandal in the run up to the 2010 General Election. MPs could be recalled in certain circumstances, to include suspension from the House following a  report  and  recommended  sanctions  from  the  Committee  on  Standards.  The

Commissioner advised that she was unfamiliar with the recall mechanism but, in any case, envisaged that appropriate legislation would need to be adopted to facilitate the same.

The Committee noted an offer from the Commissioner to assist with the redrafting of the Code and the States Greffe also undertook to provide copies of the Code of Conduct of the National Assembly for Wales and other UK parliaments.

Members  thanked  Dr.  McCullough  for  attending  and  she  withdrew  from  the meeting.

The  Committee  considered  the  following  summary  of  survey  responses  from Members -

Commissioner for Standards/investigation process:

• Petty complaints driven by personality clashes.

• The Commissioner for Standards should filter complaints more strictly.

• Stress and damage associated with complaints.

The Committee concluded that it was satisfied with the investigation process.

Improvements to the Code of Conduct/bullying and harassment:

• Desire for stronger guidelines on bullying and harassment by States Members.

• Members should be required to verify facts before making public statements.

• Requirement for a process by which to filter vexatious complaints and require firm evidence.

The Committee was supportive of improvements to the Code of Conduct in the context of bullying and harassment and endorsed the approach adopted in the Code of the Conduct for the National Assembly of Wales.

Regular review and awareness of the Code:

• Policies should be reviewed regularly.

• Members should understand the impact of behaviours and the process for breaches.

The Committee supported regular reviews of the Code and awareness raising.

Member-to-Member breaches:

• Lack of understanding of acceptable behaviour highlighted.

• Need for greater self-awareness among Members.

• Vexatious complaints should be dismissed quickly.

Process ambiguity:

• New evidence is not investigated.

• States Greffe involvement in complaint communications seen as invasive.

• Members found to be in breach should not be permitted to join the Privileges and Procedures Committee.

The Committee concluded that it was appropriate for the Greffier of the States to be made aware of complaints against Members, with particular regard to the pastoral care element of the role. Members were advised that the Greffier was not provided with the details of complaints.

Robustness of the Code:

• The Code is clear, but the complaint process can be lengthy and stressful.

71 12th Meeting 02.12.2024

Confidentiality concerns:

• Stress associated with maintaining confidentiality during complaints process.

• Unacceptable for complaints to be made public while members must remain silent.

• Concerns  around  reputational  damage,  particularly  where  a  complaint  is unsubstantiated.

The Committee recognised the need to make Members aware of the Commissioners' comments in relation to confidentiality and the support mechanisms which existed.

Views on recommendations and sanctions in response to complaints:

• Mixed views: Some Members agreed that the Commissioner for Standards should recommend sanctions, others believed it should be the Privileges and Procedures Committee or the States Assembly.

The Committee noted that the Commissioner supported the view that the Privileges and Procedures Committee should determine the sanctions imposed in response to complaints. With this in mind, the Committee concluded that the Commissioner should be asked to devise a broad categorisation system which would inform appropriate sanctions based on the nature of the complaint. However, the Committee was also mindful of the need for flexibility of approach.

Conflict of Interest Declaration:

• General support for transparency.

• Some concerns about unnecessary bureaucracy.

• Clear guidance required on what constitutes a conflict of interest.

The Committee supported absolute transparency and an awareness of perception. Members endorsed the approach to declarations of conflicts of interest, as set out in the Code of Conduct for the National Assembly of Wales.

Time limits for complaints:

• Majority support for time limits to prevent abuse during election campaigns.

• Recognition that victims of harassment or abuse may need more time to process and report incidents.

The Committee endorsed the recommendation of the Commissioner that complaints relating  to  conduct  that  occurred  more  than  6  months  previously,  in  all  but exceptional circumstances, went beyond the scope of the Code.

Behaviour in public and private life:

• Mixed views on whether the Code should apply 24/7.

• Recognition of the need to strike a balance between public expectations and private life.

The Committee agreed that the Code of Conduct for Elected Members should apply at all times and Members endorsed the approach set out in the Code of Conduct for the National Assembly of Wales.

Recall mechanism:

• Support  for  a  recall  mechanism  where  significant  misconduct  occurs  or protracted absence.

• Concerns about potential misuse of recall mechanism.

The Committee did not support the introduction of a recall mechanism in the Jersey context and recognised the potential for misuse.

On a related matter, the Committee noted feedback arising from the survey to the effect that the Chair of the Privileges and Procedures Committee should not be involved in the appointments process for the Commissioner for Standards. The Committee noted that the Greffiers of the States of Jersey and Guernsey, the Chair of the Privileges and Procedures Committee and her Guernsey counterpart had been involved in the appointment of the Pan Island Commissioner, with oversight from the  Jersey  Appointments  Commission.  The  Committee  was  satisfied  that  this arrangement  was  robust  and  noted  that  oversight  from  the  Appointments Commission ensured probity.

In the context of wider discussions in relation to the Code, the Committee agreed that training on ethical standards should be bolstered as part of the States Members' induction programme. Members also supported the provision of training outside of office hours to allow wider participation and the inclusion of training modules for Members on the Connect portal. The Greffier of the States undertook to explore these proposals and report back. The Committee also reiterated requests for the inclusion of details of training undertaken by Members to be included on Members' profiles on the States Assembly website. The Greffier of the States understood that this would be implemented in the next phase of the States Assembly website project.

The Committee recalled that it had recently met Ms. K. Wright, Independent Chair of the Violence against Women and Girls Taskforce and Chair of FREEDA (Free from Domestic Abuse) in connexion with a decision of the House of Commons to support a risk-based exclusion policy for Members accused of violent and/or sexual offences (Minute No. A4 of 11th November 2024, refers). The Committee had agreed that the development of such a policy should be considered in the context of the  review  of  the  Code  and  had  requested  that  the  States  Greffe  (Members' Resources  team)  undertake  topic  research  on  the  formulation  of  a  risk-based exclusion policy. The Committee requested that the report be included on the agenda for the next scheduled meeting on 9th December 2024, and that recommendations be added. The Committee also considered correspondence from the Commissioner to  the  Chair in  connexion with the above matter in which the Commissioner concluded that the formulation of a policy of this nature would enhance standards by ensuring a safe working environment.

The Committee noted that a redrafted version of the Code would be presented at a future meeting.

Public  A2.  The Committee, with reference to its Minute No. A10 of 11th November Election:  2024, considered a draft comment which had been prepared in response to a Extension of  proposition entitled Public Election: Extension of eligibility criteria' (P.65/2024), eligibility  which had been lodged au Greffe' by Deputy M. Tadier of St. Brelade on 26th criteria  September 2024. The Committee also received a briefing paper on the subject. (P.65/2024):

comment.  The Committee recalled that the proposition proposed removing the requirement for

those standing for election as a Connétable or Deputy to be British citizens and requested the Committee to bring forward the necessary legislative changes to facilitate the same in time for the 2026 election. In support of his argument, Deputy Tadier had cited, among other things, changes to the eligibility criteria for Jury Service.

The Committee approved the comment and requested that the Greffier of the States make the necessary arrangements for this to be presented to the States.

 Elected  A3.  The Committee considered a draft amendment and comments in connexion Speaker and  with the proposition entitled Elected Speaker and Deputy Speaker of the States

02.12.2024

Deputy  Assembly: selection and appointment (P.83/2024)', which had been lodged au Speaker of the  Greffe' by Connétable A.N. Jehan of St. John on 10th December 2024.

States

Assembly:  The  Committee  approved  the  comments  (subject  to  minor  amendments)  and selection and  requested that the Greffier of the States arrange for these to be presented. The appointment  Committee also approved the amendment for lodging and noted that a report would (P.83/2024):  be prepared to accompany the same, indicating that the amendment would provide comment and  a degree of flexibility to the proposed timeline for implementation. Aside from the amendment.  legislative amendments required, the Committee acknowledged that there were

many details to consider as part of the practical application of the proposition, and that extending the implementation deadline to after the elections would allow this important work to be undertaken.

Date of next  A4.  The Committee noted that the next scheduled meeting would be held on 9th meeting.  December 2024, at 10.00 am in the Blampied Room.