States' Assembly & Constitution Committee - P.2020/142
The States are asked to decide whether, after consideration of the policy letter entitled "Dates of States' Meetings and minor amendments to The Rules of Procedure of the States of Deliberation and their Committees" dated 5th August 2020, they are of the opinion:-
1. To agree:
(a) To rescind Resolutions 1 and 2 of Article II of Billet d'État No. XII of 2020, entitled 'Dates of
States' Meetings - 1st September 2020 to 31st August 2021' (P. 2020/93).
(b) That the dates on which States' Meetings shall be convened in the period from the 1st
September, 2020 to the 31st August, 2024 shall be as set out in the table in section 2.15
of the policy letter.
(c) That statements under the provisions of Rules 10(4) and (5) shall be made by the
Presidents and, in the case of the States of Alderney, the nominated Alderney Representative
according to the rota set out in in the table in section 2.15 of the policy letter.
(d) To delete Schedule 1 to the Rules of Procedure of the States of Deliberation and their
Committees and replace with Schedule 1 as set out in Appendix 1 to the policy letter.
(e) To direct the States' Assembly & Constitution Committee to report to the States with a
policy letter by July 2021 proposing the dates on which States' Meetings shall be convened
in the period from the 1st September, 2024 to 31st August 2025, further to consultation with
the Committee for Education, Sport & Culture.
2. To agree that the Rules of Procedure of the States of Deliberation and their Committees should be amended with immediate effect as follows:
(a) To substitute Rule 26.(8) as set out in paragraph 3.3. of this policy letter.
(b) To amend Rules 29.(3) and 29.(7) and Schedule 2 to the Rules and the Explanatory notes
as set out in paragraph 3.5 of this policy letter.
(c) To amend the definition of "the Greffier" as set out in paragraph 3.7 of this policy letter.
(d) To amend Rule 37.(2) as set out in paragraph 3.9 of this policy letter.
(e) To amend Rules 40.(5) and (6) as set out in paragraph 3.11 of this policy letter.
(f) To amend Rules 3.(6) and (19), Rule 54.(2) and Rule 60. and Appendix A to the Rules as
set out in paragraph 3.12 of this policy letter.
3. To agree that Rules 40.(8) to (10) are deleted and replaced with the following:
"(8) If a member of a Committee of the States, who has obtained the prior permission of the person who will preside at the meeting, is in communication with the other members by telephonic communication, live television link or any other means of telecommunication, so that each member can hear or read what is said or communicated by each of the others, each member in such communication is deemed (subject to paragraph (10) below) to be present and participating at the meeting of the Committee for all purposes, including the quorum and voting.
(9) It shall be at the absolute discretion of the person who will preside at the meeting to decide whether or not to agree to the request and in so deciding the person presiding may take into account any factors whatsoever which are considered relevant.
(10) In the event that the telephonic communication, live television link or any other means of telecommunication fails or is corrupted or confidentiality is compromised, the person presiding at the meeting shall have discretion at any point during the meeting to determine that a member who is in a remote location is no longer to be regarded as in attendance.
(11) Paragraphs (8) to (10) of this Rule apply to meetings of sub-committees of Committees of the States established under Rule 54.(3)."
The above Propositions have been submitted to Her Majesty's Procureur for advice on any legal or constitutional implications in accordance with Rule 4(1) of the Rules of Procedure of the States of Deliberation and their Committees.
