P.2016/70
The States are asked:
Whether, after consideration of the motion of no confidence in the President and Members of the Committee for Education, Sport & Culture dated the 19th December 2016, signed by Deputy E. A. Yerby and six other Members of the States, they are of the opinion: -
1. To decide, in accordance with Rule 21 of the Rules of Procedure, that the States of Deliberation require the immediate resignation of the President and Members of the Committee for Education, Sport & Culture, they having no confidence in the said Committee.
[N.B. if proposition 1 is carried, pursuant to Rule 21 (5) the President and Members of the Committee for Education, Sport & Culture shall thereupon be deemed to have tendered their resignations and those resignations shall be deemed to have been accepted by the States and the States shall elect a new President and Members of the Committee at the same meeting further to proposition 2.]
2. To elect:
(a) a sitting Member of the States as President of the Committee for Education, Sport & Culture to complete the unexpired portion of the term of office of Deputy P. R. Le Pelley, that is to the 30th June 2020, in accordance with Rule 16 of The Rules of Procedure.
(b) four sitting Members of the States as members of the Committee for Education, Sport & Culture to complete the unexpired portion of the terms of office of Deputies C. P. Meerveld, D. de G. De Lisle, A. C. Dudley-Owen and M. P. Leadbeater, that is to the 30th June 2020, in accordance with Rule 16 of The Rules of Procedure.
[N.B.]
1. Pursuant to the Mandate of the Committee for Education, Sport & Culture, neither the President nor any member of the Committee shall be the President or a member of the Policy & Resources Committee or the President of the Scrutiny Management Committee.)
2. Paragraphs (3), (4) and (6) of Rule 16 of The Rules of Procedure provide inter alia:-
"16. (3) Where, in any election by the States, the number of candidates exceeds the number of vacancies:
(a) voting shall be carried out by secret ballot;
(b) if two or more candidates secure an equal number of votes and the addition of one vote to his or her poll would have entitled any such candidate to be declared elected, a second ballot shall be held in respect of such candidates only; and where in such a second ballot the addition of one vote to his or her poll would have entitled a candidate to be declared elected, the Presiding Officer shall either rule that a further ballot, or, if necessary, further ballots, shall be held, or direct that the candidates shall draw lots to determine the matter;
(c) if there are more than two candidates for the office of President of a Committee and the candidate receiving the most votes does not receive a majority of the votes cast (disregarding any abstentions or spoilt papers), a further ballot, or ballots as required, shall be held, excluding every candidate who received fewer than six votes in the previous ballot or, when there are no such candidates, the candidate who received the fewest votes in the previous ballot;
(d) if two or more candidates having secured six votes or more are tied in polling the fewest votes, or if the process set out in sub-paragraph (c) would result in the elimination of all but one of the candidates, a further ballot shall be held in respect of such candidates only to determine which of them shall be eliminated from further ballots.
(4) On a proposition to elect a President of a Committee the Presiding Officer shall:
(a) first invite Members to propose eligible candidates. Candidates must be proposed and seconded. Nobody shall speak about a candidate at that stage;
(b) invite, in respect of each candidate in turn (or the candidate if there is only one), first the proposer to speak for not more than five minutes and then the candidate to speak for not more than ten minutes and thereafter, if there are two or more candidates, allow Members to question the candidates;
Provided that:
i. the question shall relate to areas of policy included in the mandate of the Committee;
ii. no Member may ask more than one question, save that if before the expiration of the period prescribed in sub-paragraph vi there are no further questions, Members who have already asked a question may be permitted to ask further questions;
iii. the questioner may not speak for more than 30 seconds;
iv. each candidate shall be entitled to respond to each question, but no response shall exceed 1 minute;
v. candidates shall answer the first question in the order in which they are nominated and thereafter the order of answering the questions shall, after each question has been answered by the candidates, be rotated by moving the name of the candidate at the top of the list to the bottom of that list;
vi. the session shall conclude at the expiration of the period calculated by multiplying 15 minutes by the number of candidates; and
vii. no Member shall be entitled to speak other than in accordance with the provisions of this sub-paragraph.
(6) On a proposition to elect members of a Committee the Presiding Officer shall first invite the President of the Committee concerned, and thereafter other Members, to propose eligible candidates. Candidates must be proposed and seconded. Nobody shall speak about a candidate at that stage; and if no more candidates are proposed and seconded than there are vacancies the Presiding Officer shall put the election of the candidate(s) to the vote without speeches. If there are more candidates than vacancies the Presiding Officer shall invite each proposer to speak, for not more than five minutes in respect of each candidate proposed by that person, before voting takes place; and neither the candidates nor any other member shall be entitled to speak.]
These propositions have been submitted to Her Majesty's Procureur for advice on any legal or constitutional implications.
