“The whole truth, and nothing but the truth…”

Wednesday 11 April 2018

Panels of politicians tasked with putting Ministers’ actions under the microscope will now be able to make them give evidence under oath.

It comes after States Members overwhelmingly voted in favour of changes to the Scrutiny Code of Practice – a framework governing how review panels operate – in their final States Assembly sitting before the election.

The changes mean that politicians tasked with reviewing Ministers’ actions and the impact of new and planned legislation on islanders will now be able to make witnesses swear that they are telling the truth to emphasise the requirement for them to be “open and truthful” in the evidence they provide during hearings. 

But they say that the “powerful” tool, which could also be used on Chief Executive Officers and community leaders from outside the political domain, will only be used sparingly. 

The Assembly has adopted a change to the Powers, Privileges and Immunities Regulations to allow for witnesses to take an oath when giving evidence to Scrutiny, the PAC or PPC

— States Assembly (@StatesAssembly) April 10, 2018

The changes to the Code of Practice also aim to clamp down on politicians ‘rushing through’ important legislation prior to elections, such as equal marriage legislation, which was criticised for being “unduly rushed and completed in haste” by the Chief Minister.

Speaking at the time, head of the Scrutiny Chairman’s Committee Deputy John Le Fondré hit out at the numerous “errors and oversights”, which led to more than 24 changes needing to be made, threatening to delay the law’s introduction and impairing the review panel’s ability to examine it.

Following the States vote this morning, propositions on major policies and legislation will now have to be put forward at least six months before the scheduled elections, so that there is enough time for them to be reviewed in detail.

“The approval by the States of these two significant improvements to the authority and standing of Scrutiny Panels is a very satisfactory conclusion to the detailed assessment of Scrutiny processes carried out by the Chairmen’s Committee this term. The aim has been to ensure that Jersey’s Scrutiny processes are on a par with the rights and powers of Scrutiny Panels and Select Committees in other jurisdictions, something we have gone a long way to achieving with today’s endorsements by the States,” Deputy Le Fondré added.