St Pier and Trott want rid of ‘on the nod’ procedure
A MOVE is being made by two former chief ministers to change States procedures to allow debate of items that would usually be approved ‘on the nod’.
This will affect some of the items which are usually simply laid before the States, such as an ordinance.
But Deputies Gavin St Pier and Lyndon Trott have written to the States Assembly and Constitution Committee asking for 'motions to annul' to become 'motions to debate' in relation to laws placed by Policy & Resources under the rule allowing the committee to expedite certain ordinances.
The deputies’ move has been instigated by an item which will change the Preferred Debts Law of 1983 and which is due to be laid before the Assembly this week.
If passed, it will affect the order in which debts are repaid in the event that a company is subject to insolvent dissolution or is wound up.
The change will see priority being given to insurance debts owed to the policyholders of the insurer ahead of ordinary unsecured creditors. The two deputies support the legislation.
‘[It] makes a lot of sense,’ said Deputy Trott, ‘but we simply take the view that given the legislation changes individuals’ property rights, as a matter of principle, it ought to be subject to open, public scrutiny, debate and approval in the States of Deliberation.
‘After all, parliamentary democracy essentially emerged to protect property rights.’
Deputy St Pier added: ‘The only way we can ensure debate is to move a motion to annul the legislation. This is unsatisfactory and we know it will be confusing to some.’
The letter to SACC asks for the committee to look into changes that would allow a ‘motion to debate’ to be placed on items such as these, and Deputy St Pier said this would be similar to that which can be placed in relation to an appendix report.
