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A second ethics watchdog could be appointed to handle politicians’ appeals into alleged code of conduct breaches.
States members approved the appointment of the first ever Commissioner for Standards in May, which will replace the current panel which considers complaints into deputies’ conduct.
But there were wide concerns that the appeals process wasn’t strong enough, and the responsible committee were sent back to draw up plans. A briefing paper was presented to States Assembly & Constitution Committee members yesterday, with its recommendations unanimously agreed.
The mechanism for making appeal will be based various tests which need to be met for the application to be considered. This could include when penalties handed down for Code of Conduct breaches are deemed unreasonable or not proportional, and involve both the Commissioner and a secondary Commissioner re-considering the case.
States Greffier Simon Ross did note that in legal cases the judge who grants an appeal usually doesn’t hear the appeal case itself, but said parliamentary processes were different.
Pictured: The States Assembly and Constitution Committee.
Deputy Liam McKenna said even with the proposed appeals process trust should be placed in the main Commissioner, Dr Melissa McCullough, and in her judgement given her professional background.
But he said introducing a “Vice Commissioner” would alleviate some deputies’ concerns by removing SACC from the complaints process as a perceived “judge and jury”.
Deputy John Gollop said the only other options were to have two alternative commissioners to consider appeals, or to revert to SACC’s original idea.
Officials warned that introducing even more individuals would make the process too bureaucratic. Having one alternative commissioner for appeals would put the island in a stronger position that Jersey, it was added.
The States Assembly could and amend and change the appeals process when it is debated, however.
The formal proposals will be published imminently.
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