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Propositions vetoed by the Bailiff or Deputy Bailiff (FOI)

Propositions vetoed by the Bailiff or Deputy Bailiff (FOI)

Produced by the Freedom of Information office
Authored by States of Jersey and published on 13 March 2018.

Request

Number of propositions not allowed to be brought to the States by members and effectively vetoed by the Bailiff or Deputy Bailiff over the last three years per year.

Response

The information requested is not held. The States Greffe does not keep a record of the propositions which, in accordance with Standing Order 21(7)(c), are not approved for lodging.

The full text of Standing Order 21 is set out below. Under Standing Order 21(7)(c), a proposition would not be approved by the Bailiff or Deputy Bailiff if it were out of order.

21 How a proposition is lodged

(1) A member of the States or a body wishing to lodge a proposition shall give a draft of it to the Greffier.

(2) The draft must be accompanied by the proposer’s statement of whether the proposition, if adopted, would have any implications for the financial or manpower resources of the States or any administration of the States and, if there are such implications –

(a) set out the proposer’s estimate of those implications; and

(b) explain –

(i) how the proposer has calculated his or her estimate of those implications, and

(ii) how, when and from where, in the proposer’s opinion, they could be sourced.

(3) The proposer may request information from any Minister responsible for the resources in question and a Minister shall, when so requested, ensure that the proposer is provided with complete and accurate information sufficient to enable the proposer to prepare the statement.

(3A) If the draft is of a proposition that the Council of Ministers, the Chief Minister or any other Minister wishes to lodge, the draft must be accompanied by a statement –

(a) as to whether or not the principle of collective responsibility, as expressed in paragraphs 4 and 5 of the Code of Conduct and Practice for Ministers and Assistant Ministers (R.11/2015, presented to the States on 10th February 2015) has been waived in respect of the whole or any specified part of the proposition; and

(b) if and to the extent that the principle has not been waived, setting out the Ministers and Assistant Ministers who are bound by that principle to support the proposition.

(4) The draft may be accompanied by a report setting out why the proposer considers that the proposition should be adopted.

(5) The Greffier shall review the draft proposition and, if he or she considers necessary, advise on its wording.

(6) The Greffier shall then submit the draft proposition to the Bailiff.

(7) The Bailiff shall –

(a) approve the draft proposition without alteration;

(b) subject to the agreement of the proposer, approve the draft proposition with such alterations as he or she considers necessary; or

(c) rule the draft proposition out of order and direct that the proposer be informed of the reasons for his or her decision.

NOTE: Article 16 of the Human Rights (Jersey) Law 2000 requires a Minister who lodges a draft Law to make and publish a statement as to the compatibility of the draft Law with the European Convention on Human Rights before the second reading of the draft Law.

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