States Assembly policies (FOI)

​​​Request

Will the States Greffe set out all questions and propositions lodged with successive Bailiffs and Deputy Bailiffs by States Members since 2008 which have been refused by the Bailiffs and Deputy Bailiffs who have served in this time period. The answer should set out the date, the name of the States Member, the question or proposition, the reason stated for the refusal, the Bailiff or Deputy Bailiff refusing the question or proposition. This information should include any questioner proposition that was rejected initially but subsequently amended or modified and was accepted. Please include the date of the question or proposition and the name of the Bailiff in question. Please include questions and propositions that have been rejected by the Deputy Bailiff who decide these issues when the Bailiff is not in the Island for any reason.

Response

The information requested is deemed to be absolutely exempt under the Freedom of Information (Jersey) Law 2011 and is therefore not disclosable.

Freedom of Information exemption applied

Article 28 States Assembly privileges

1. Information is absolutely exempt information if exemption from the obligation to disclose it under this Law is required to avoid an infringement of the privileges of the States Assembly.
2. Except as provided by paragraph (3), a certificate signed by the Greffier of the States certifying that exemption is required to avoid an infringement of the privileges of the States Assembly is conclusive evidence of that fact.
3. A person aggrieved by the decision of the Greffier of the States to issue a certificate under paragraph (2) may appeal to the Royal Court on the grounds that the Greffier did not have reasonable grounds for issuing the certificate.
4. The decision of the Royal Court on the appeal shall be final.

Justification for exemption

Parliamentary privilege is a form of immunity which is necessary for a parliament to function independently, without external interference.

The information requested relates to questions submitted under Standing Order 11 and propositions submitted under Standing Order 21 of the States of Jersey. States questions and propositions fall within matters of the States Assembly proceedings and, as such, privilege applies. The disclosure of the requested information would therefore be an infringement of the privileges of the States Assembly.