Amendment (No. 35) of the Standing Orders of the States of Jersey

Made                                                                          6th March 2018

Coming into force                                                       7th March 2018

THE STATES, in pursuance of Article 48 of the States of Jersey Law 2005[1], have made the following Amendments to the Standing Orders of the States of Jersey[2]

1        Interpretation

In these Amendments, a reference to a standing order by number is a reference to the standing order of that number in the Standing Orders of the States of Jersey[3].

2        Standing order 12 amended

In standing order 12 –

(a)     after paragraph (2) there shall be inserted the following paragraph –

“(2A) A member who gives a written answer to a question must give an answer that is directly relevant to the question asked.”;

(b)     after paragraph (3) there shall be added the following paragraph –

“(4)    Where the questioner is of the opinion that the answer contravenes paragraph (2A) and wishes the Bailiff to give his or her opinion on the matter –

(a)     he or she must, before 12.45 p.m. on the day on which the answer is tabled, refer the answer to the Bailiff for his or her opinion on whether it contravenes paragraph (2A);

(b)     the Bailiff must give his or her opinion no later than 9.30 a.m. on the day after the day on which that the matter was so referred; and

(c)     if the Bailiff is of the opinion that the answer contravenes paragraph (2A), he shall inform the member who provided the answer of that opinion and direct that member to submit an answer to the question that does not contravene paragraph (2A) no later than 9.30 a.m. on the day after the day on which the Bailiff is required to give his or her opinion under sub-paragraph (b).”.

3        Standing order 63 amended

For standing order 63(7) there shall be substituted the following paragraphs –

“(7)    When a member of the States is asked a question or a supplementary question –

(a)     the member must answer it concisely;

(b)     the member’s response must be directly relevant to the question asked (or supplementary question, as the case may be); and

(c)     the member may supply to members supporting or illustrative written material that is relevant to the answer.

(7A)   Where a member wishes to supply supportive or illustrative written material under paragraph (7)(c), the member must provide a copy of the material to the Greffier, who must distribute a copy of it to each member during the course of the meeting at which the answer is given or as soon as practicable thereafter.

(7B)   Where the presiding officer is of the opinion that an answer given under this standing order is not directly relevant to the question asked (or supplementary question), the presiding officer shall –

(a)     inform the member who is required to give the answer of that opinion; and

(b)     request the member to provide an answer that is directly relevant to the question (or supplementary question) that was originally asked.

(7C)   The presiding officer, if he or she considers it desirable to do so, may defer giving his or her opinion under paragraph (7B) until no later than 9.30 a.m. on the day after the answer in respect of which he or she is giving his or her opinion has been given.

(7D)   Where the presiding officer makes a request under paragraph (7B)(b), he or she may request the member to table a written answer that is directly relevant to the question (or supplementary question, as the case may be) that was originally asked and –

(a)     if the presiding officer has made that request at or before 12.45 p.m. on the day the question (or supplementary question) was answered, the member must provide the written answer by 9.30 a.m. on day after the request was made; and

(b)     if the presiding officer made that request after 12.45 p.m. on the day the question (or supplementary question) was answered, the member must provide the written answer by 9.30 a.m. on the 2nd day after the request was made.”.

4        Standing order 65 amended

For standing order 65(4) there shall be substituted the following paragraphs –

“(4)    When a Minister is asked a question –

(a)     the Minister must answer it concisely;

(b)     the Minister’s response must be directly relevant to the question asked; and

(c)     the member may supply to members supporting or illustrative written material that is relevant to the answer.

(4A)   Where a member wishes to supply supportive or illustrative written material under paragraph (4)(c), the member must provide a copy of the material to the Greffier, who must distribute a copy of it to each member during the course of the meeting at which the answer is given or as soon as practicable thereafter.

(4B)   Where the presiding officer is of the opinion that an answer given under this standing order is not directly relevant to the question asked, the presiding officer shall –

(a)     inform the Minister who is required to give the answer of that opinion; and

(b)     request the Minister to provide an answer that is directly relevant to the question asked.

(4C)   The presiding officer, if he or she considers it desirable to do so, may defer giving his or her opinion under paragraph (4B) until no later than 9.30 on the day after the answer in respect of which he or she is giving his or her opinion has been given.

(4D)   Where the presiding officer makes a request under paragraph (4B)(b), he or she may request the Minister to table a written answer that is directly relevant to the question that was originally asked and –

(a)     if the presiding officer has made that request before 12.45 p.m. on the day the question was answered, the Minister must provide the written answer by 9.30 a.m. on day after the request was made; and

(b)     if the presiding officer made that request after 12.45 p.m. on the day the question was answered, the Minister must provide the written answer by 9.30 a.m. on the 2nd day after the request was made.”.

5        Standing order 160 amended

In standing order 160 –

(a)     in paragraph (2)(a), after the words “written or oral” there shall be inserted the words “(including all answers given in any case where the Bailiff or presiding officer, as the case may be, was of the opinion that the first answer given contravened a standing order)”;

(b)     in paragraph (3) –

(i)      at the end of sub-paragraph (a), the word “and” shall be deleted;

(ii)      for sub-paragraph (b) there shall be substituted the following sub-paragraphs –

“(b)    any supporting or illustrative material that has been distributed to members of the States during a meeting; and

(c)     any supporting or illustrative written material that has been distributed to members of the States under standing order 63(7A) or 65(4A) after the meeting at which the question to which it relates was answered.”.

6        Citation and commencement

These Amendments may be cited as Amendment (No. 35) of the Standing Orders of the States of Jersey and shall come into force on the day after the day on which they are made.

l.-m. hart

Deputy Greffier of the States

 


 



[1]                                    chapter 16.800

[2]                                    chapter 16.800.15

[3]                                    chapter 16.800.15


Page Last Updated: 05 Apr 2018