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New misconduct official could be in place by March next year

New misconduct official could be in place by March next year

Saturday 07 May 2022

New misconduct official could be in place by March next year

Saturday 07 May 2022


A new official to deal with complaints against deputies' conduct could be appointed and shared with Jersey by March next year.

The post of Commissioner for Standards was agreed at the last meeting of the previous States' Assembly in August 2020.

The States' Assembly & Constitution Committee published proposals yesterday which it hopes will lead to changes to the law later this year to allow the island's first Commissioner for Standards to be appointed as a statutory official and commence the role in both islands on 1 March 2023.

In a Policy Letter which the Committee wants the States to debate in June, it said: "The Committee has confirmed to the Privileges and Procedures Committee [in Jersey] that it is still the intention for the Commissioner to cover both islands.

"It is important to note that each island will have its own legislation, and Codes of Conduct, and therefore there would be two separate roles to fill. In light of this, the two islands will plan the recruitment of a Commissioner as a joint exercise in the autumn and the Committees’ officers will work together to develop the job description and other material which will be required for the recruitment campaign.

"Given the intention for the two islands to appoint the same Commissioner for a five-year term, it is logical for the appointment of the Commissioner in both islands to be coterminous and for Guernsey to seek to appoint the Commissioner to begin their role on 1 March 2023."

Deputy Carl Meerveld

Pictured: Deputy Carl Meerveld, President of the States' Assembly & Constitution Committee. 

The role of Commissioner is expected to cost an average of £5,000 per year. 

But the Committee is asking the States to scrap plans for the Commissioner to have responsibility for investigating allegations that a deputy has abused the rights of privilege.

Absolute privilege is "a complete defence to any legal proceedings arising as a result of what is said or published" in the States and their committees "even when the words complained of are spoken or published maliciously or when their being spoken or published would otherwise amount to a criminal offence".

The Committee is also proposing to insert a new rule which would require appeals against verdicts of misconduct to be lodged within 10 working days.

Express understands that there are currently at least two complaints of misconduct which remain active and for which verdicts have not yet been published.

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