States Assembly Annual Report 2008.

States Assembly ANNUAL REPORT 2008

PRESENTED TO THE STATES BY THE PRIVILEGES AND PROCEDURES COMMITTEE

R.42/2009

CONTENTS

Foreword by the Bailiff of Jersey, President of the States  3 Introduction by the Chairman of the Privileges and Procedures Committee  4

1. THE STATES ASSEMBLY

1. Introduction  5
2. Membership  6
3. Average length of service  7
4. Average age of members  9
5. Number of female parliamentarians  10
6. Number of meetings  11
7. Length of meetings  12
8. Allocation of time  13
9. Oral questions with notice  14
10. Oral questions without notice  15
11. Written questions  16
12. Total number of questions with notice  17
13. Statements  17
14. Public Business  19
15. Significant debates  22

2. INTER-PARLIAMENTARY BODIES

1. Introduction  27
2. Commonwealth Parliamentary Association (C.P.A.)  27
3. Assemblée Parlementaire de la Francophonie (A.P.F.)  28
4. British-Irish Parliamentary Assembly  28
5. Cricket match against the States of Guernsey  29

3. PRIVILEGES AND PROCEDURES COMMITTEE

1. Membership  31
2. Meetings  31
3. Significant items dealt with by the Committee  31
   4. SCRUTINY PANELS AND PUBLIC ACCOUNTS COMMITTEE Foreword by the President of the Chairmen's Committee  36

1. Introduction  37
2. Work of Panels

1. Corporate Services Scrutiny Panel  39
2. Economic Affairs Scrutiny Panel  42

3. Education and Home Affairs Scrutiny Panel  45
4. Environment Scrutiny Panel  49
5. Health, Social Security and Housing Scrutiny Panel  54
6. Public Accounts Committee  60

3. Other Scrutiny projects  68
4. Appointments to new Panels  76

Appendix A: Scrutiny Reports – dates and responses  77 Appendix B: Panel review dates 2008  80 Appendix C: 2008 statistics per Panel  82

5. THE STATES GREFFE

1. Introduction  85
2. Committee Clerks Section  85
3. Publications Editor  87
4. States Assembly Information Centre  87
5. Registry  88
6. Reprographics  89
7. Staffing matters  89
8. Official Report (Hansard')  90
9. States Assembly website  90
10. Primary school visits to the States Chamber  91
11. Jersey Youth Assembly – 19th March 2008  92

Appendix D: Membership of the States Assembly January 2008 and December  94 2008

Cover photograph courtesy of Mr. Steve Wellum

The majority of photographic images contained within this Report are used courtesy of Mr. Martin Huelin at the States Greffe

FOREWORD

In 1790 Edmund Burke wrote is his Reflections on the Revolution in France that « A state without the means of some change is without the means of its conservation ». On this third anniversary of the introduction of ministerial government, it seems to me that the States have managed to achieve some significant change without revolution, and certainly without the installation of a guillotine in the Royal Square. No doubt there are many wrinkles yet to be smoothed out, but democracy is still alive and well in Jersey. While parliamentarians in some other places lament that the influence of backbenchers has diminished, and is continuing to shrink, that is certainly not the case here. Our government is in a structural minority; it has to persuade the majority of members to support any legislative or other measure that it wishes to promote. This is true parliamentary democracy.

This annual report contains not only the usual mine of statistical information about parliamentary activities, but also valuable explanations of the work of the different committees and scrutiny panels over the last 12 months. It will be of continuing importance to researchers and others interested in the workings of the States.

This is the last occasion upon which I shall have the privilege of writing a foreword to the annual report of the Assembly. I should like once more to record my gratitude to members for their support of the Chair, and to the Greffier and his staff for their loyalty and assistance.

SIR PHILIP BAILHACHE Bailiff of Jersey

Introduction by the Chairman of the Privileges and Procedures Committee

On behalf of the Privileges and Procedures Committee, I am delighted  to  present  this  third  Annual  Report  of  the  States Assembly. This report reflects the completion of the first full cycle of Ministerial Government in Jersey and therefore, if read in  conjunction  with  the  earlier  2  reports,  will  enable  a comprehensive picture of the working of the new-style States Assembly to be revealed.

The total number of meeting days has traditionally been highest in the last year of every 3 year cycle, as Members try to complete business before the elections. This trend was maintained in 2008, notwithstanding that the new Standing Orders of the States of Jersey, adopted in 2005 stipulate that the States do not now meet in the 21 day period culminating in the ordinary elections for Senators and Deputies. In fact, the States sat for more days in 2008 than in any other year in the last decade. The year saw an increase in overall questions with notice and statements, and a slight decrease in the number of propositions, although the number of amendments remained constant.

The participation of Members in a wide range of inter-parliamentary bodies continued to provide  opportunities  for  all  to  observe  and  discuss  parliamentary  practice  in  other governments and to gain experience in many areas, which should benefit the workings of our own Assembly generally.

The President of the Chairmen's Committee, in her closing remarks in the report, said that she believed a sound foundation had been laid for future Scrutiny Members to build on and I hope that this sentiment extends to all areas of the new-style States Assembly.

Finally, I would like to draw attention to the sterling support given to Members by the staff of the States Greffe and in particular for their efforts in drawing together submissions from all areas of the Assembly to produce this informative report.

Connétable Juliette Gallichan of St. Mary

1. THE STATES ASSEMBLY

Photograph courtesy of the Jersey Evening Post

1. Introduction

2008 was the third and final year of the electoral cycle and the last year of the first 3 years under the new system of government that was introduced in December 2005.

The old' States met for the last time on Wednesday 3rd December 2008 and the new' States then convened on 8th December 2008 after the swearing-in of the members who had been re- elected and of the newly-elected members.

2. Membership

There were no changes to the elected membership of the old' States during the year; but the States bade farewell to Her Majesty's Solicitor General, Miss Stéphanie Claire Nicolle, on 13th March 2008 when she attended the last States meeting before her retirement. The Bailiff paid tribute to Miss Nicolle and acknowledged her quite outstanding public service to the Island. Senator T.A. Le Sueur , in his capacity as Deputy Chief Minister, also thanked Miss Nicolle on behalf of all members for her courteous and thorough advice throughout her term of office and members responded with prolonged foot-stamping to wish Miss Nicolle a long and happy retirement.

Miss Nicolle's successor, Mr. Timothy John Le Cocq Q.C., was sworn in as Her Majesty's Solicitor General at a ceremony in the Royal Court on 8th April 2008 and he was welcomed to the Assembly on 29th April 2008 when he attended the States for the first time after his appointment.

The following 14 members left the States on 8th December when their successors were sworn in after the elections in the autumn. Eight of these members had decided to leave the States and did not contest the elections, whereas 6 left as the result of electoral defeat –

Senator F.H. Walker Senator W. Kinnard Senator M.E. Vibert

Connétable Kenneth Alan Le Brun ( St. Mary ) Connétable Thomas John du Feu ( St. Peter ) Connétable Derek Frederick Gray ( St. Clement ) Connétable Geoffrey William Fisher ( St. Lawrence )

Deputy Jacqueline Jeannette Huet ( St. Helier No. 3) Deputy Gerard Clifford Lemmens Baudains ( St. Clement ) Deputy Peter Nicholas Troy ( St. Brelade No. 2)

Deputy Celia Joyce Scott Warr en ( St. Saviour No. 1) Deputy Patrick John Dennis Ryan ( St. Helier No. 1) Deputy Guy William John de Faye ( St. Helier No. 3) Deputy Andrew David Lewis ( St. John )

When the States as reconstituted met for the first time on Monday 8th December 2008, 7 members of the old States took up new positions to which they had been elected during the elections in the autumn. Former Deputies Alan Breckon ( St. Saviour No. 2), Sarah Craig Ferguson ( St. Brelade No. 1) and Alan John Henry Maclean ( St. Helier No. 2) were elected as Senators, former Senator L. Norman was elected as Connétable of St. Clement , and former Deputies Deidre Wendy Mezbourian ( St. Lawrence ) and Juliette Gallichan ( St. Mary ) were elected as Connétable of St. Lawrence and St. Mary respectively.

The following 14 new members joined the States on 8th December 2008 (or rejoined in the case of Deputy Rondel who was previously a member between 1994 and 2005) –

Senator Bryan Ian Le Marquand Connétable John Martin Refault ( St. Peter )

Deputy Philip John Rondel ( St. John )

Deputy Montfort Tadier ( St. Brelade No. 2)

Deputy Angela Elizabeth Jeune ( St. Brelade No. 1)

Deputy Daniel John Arabin Wimberley ( St. Mary )

Deputy Trevor Mark Pitman ( St. Helier No. 1)

Deputy Anne Teresa Dupré ( St. Clement )

Deputy Edward James Noel ( St. Lawrence )

Deputy Tracey Anne Vallois ( St. Saviour No. 2)

Deputy Michael Roderick Higgins ( St. Helier No. 3)

Deputy Andrew Kenneth Francis Green M.B.E. ( St. Helier No. 3) Deputy Deborah Jane de Sousa ( St. Helier No. 2)

Deputy Jeremy Martin Maçon ( St. Saviour No. 1)

Following the coming into force of the Political Parties (Registration) (Jersey) Law 2008 in August 2008, political parties were, for the first time ever in Jersey, able to be registered; and this also enabled candidates to have the name of the party shown on the ballot paper. One political party, the Jersey Democratic Alliance, registered under the new Law and 4 JDA candidates were successful in the Deputies elections.

3. Average length of service

On 1st January 2008 the average length of service of the 53 elected members was 8 years. This can be broken down as follows –

Within the 3 categories of membership the average length of service was as follows –

Average length of service Senators  13 Connétable s  7

Deputies  6

As there are normally few changes in membership over the 3 year electoral cycle it would not be fair to compare the length of service of members of the old' States at the end of their 3 year term with the length of service of members of the new' States at the start of their term. The following table therefore compares the position between the length of service of the new States when compared with the position on 31st December 2005 at the start of the 3 year term of the old' States.

4. Average age of members

The elections in the autumn of 2008 were the first when 16 to 18 year-olds were able to vote following the reduction of the voting age in April 2008. They also saw the election of the youngest ever member of the States, Deputy Jeremy Maçon, at the age of 21.

As there are normally few changes in membership over the 3 year electoral cycle it would not be fair, as with average length of service above, to compare the age of members of the old' States at the end of their 3 year term with the length of service of members of the new' States at the start of their term. The following table therefore compares the position between the number of members of the new' States in each age-band at 31st December 2008 compared to the position on 31st December 2005 at the beginning of the 3 year term of the old' States.

5. Number of female parliamentarians

At the Commonwealth Heads of Government meeting in Edinburgh in 1997 a figure of 30% was agreed as a target for female representation in Commonwealth parliaments.

There was an increase of one in the number of female members when the States were reconstituted after the elections –

6. Number of meetings

The Assembly met on 51 days during 2008. Fifty of these meeting days were for ordinary' business, with one being the traditional special' meeting on Liberation Day, 9th May. The 51 days were divided between 46 days for the old States and 5 days for the new States.

There were 19 meetings fixed in advance for ordinary' business in 2008, 16 for the old States and 3 for the new, and the total of 50 meeting days was made up of these 19 days plus 29 continuation days for the old States and 2 continuation days for the new States when the meeting continued after the first day.

The significant number of meetings during 2008 reflected the usual pattern in the final year of a 3 year electoral cycle when business needs to be completed before the end of the term of office  of  officeholders.  In  addition,  the  appointments  of  Ministers,  Chairmen  and  other officeholders  by  the  new  States  took  longer  than  anticipated  because  the  majority  of appointments were contested and, as a result, 2 unscheduled continuation days were needed.

In total, the number of meeting days for ordinary' business was just over 9 days more than the overall average for the last 10 years; although it was only 5¾ days more than the average for the last years of the previous 3 year electoral cycles over that period (1999, 2002, 2005 and 2008) which is 45¼ days –

7. Length of meetings

The Assembly sat for a total of 298 hours and 50 minutes during the 51 meeting days in 2008. This was broken down into 298 hours and 36 minutes for the 50 meeting days for ordinary' business and 14 minutes for the special meeting on Liberation Day. In total the old' States sat for a total of 278 hours and 10 minutes and the new' States for 20 hours and 40 minutes.

The 298 hours and 36 minutes spent on ordinary' business was spread very unevenly across the year as the following chart shows –

4500 4000 3500 3000 2500 2000 1500 1000 500 0

Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec (Old) Dec (New)

Months

As can be seen, in addition to the usual lack of meetings in August because of the summer recess, the Assembly did not meet at all in November because of the operation of Standing Order 7 which states that the States "shall not meet during any period of 21 days ending with an ordinary election for Senators or an ordinary election for Deputies." This Standing Order was introduced in December 2005 and therefore operated for the first time in 2008.

8. Allocation of time

The time spent in the old' States, excluding the special meeting on Liberation Day, was broken down as follows –

The 5 meeting days of the new' States from 8th December were inevitably dominated by appointments, as they were held specifically for that purpose. The breakdown of the time during the 5 days was as follows –

9. Oral questions with notice

Oral  questions  with  notice  can  be  answered  at  any  scheduled  meeting  but  not  during continuation days unless they are approved by the Bailiff as urgent questions. There were 4 urgent questions asked in 2008.

Oral questions with notice were asked at every one of the 16 scheduled meetings of the old' States in 2008 and 202 such questions were answered (including the 4 urgent questions referred to above). This was a decrease of 46 over the 2007 total of 248 oral questions with notice, although the reduction can be attributed to the fact that there were less scheduled meetings because of the elections. The average number of oral questions with notice answered per scheduled meeting, namely 12.6, is slightly more than the 2007 average of 12.4.

Standing Orders provide that any questions not answered during the 90 minute period allowed are taken to be withdrawn and there were 7 such unanswered questions during 2008. The average time spent during meetings answering oral questions with notice was 79 minutes, marginally  longer  than  the  2007  figure  of  70 minutes.  The  breakdown  of Ministers/Committees answering the oral questions with notice was as follows –

10. Oral questions without notice

Thirty minutes is set aside at every scheduled meeting for oral questions without notice to Ministers, and 2 Ministers answer for 15 minutes each on a rota basis, with the Chief Minister answering  at  every  other  States  meeting.  There  were  32  fifteen-minute  sessions  at  the 16 scheduled meetings of the States in 2008 and Ministers answered as follows –

11. Written questions

For the majority of 2008 there was no restriction on the number or length of written questions that could be submitted by members. On 21st October 2008 the States approved amendments to  Standing  Orders  which  amended  this,  although  the  change  only  applied  to  the  one remaining meeting of 2008 when questions were answered, namely 2nd December 2008. Under the amended Standing Orders each member is now limited to a maximum of 5 written questions at each States meeting and each of those questions can be no longer than 200 words long.

There were 280 sets of written questions answered in 2008 (although it should be pointed out that many sets contained more than one individual question on a specific topic). This is an increase of 71 over 2007 when 209 were answered.

The breakdown of Ministers, Panels, Committees and others with official responsibilities answering the written questions was as follows –

12. Total number of questions with notice

The combined total of oral questions with notice and written questions was 482, an increase of some 5.47% when compared to the 2007 total of 457 which, itself, was an increase over the 2006 total of 432. The breakdown of the 482 questions in 2008 is shown in the following graph –

Chief Minister Treasury and Resources

Social Security Transport and Technical Services

Home Affairs Economic Development

Planning and Environment Health and Social Services

Housing Education, Sport and Culture

Privileges and Procedures HM Attorney General

Comité des Connétable s Environment Scrutiny Panel Commonwealth Parliamentary Association Public Accounts Committee

Health, Soc. Sec. and Housing Scr. Panel Education and Home Affairs Scr. Panel

0 10 20 30 40 50 60 70

13. Statements

There were 47 statements made in the Assembly during the year. Forty-one of these were statements made by Ministers and other officeholders on matters of official responsibility, and 6 were personal statements. The average time spent on each statement (and the associated questioning  of  up  to  10 minutes  for  official  statements)  was  just  over  10½ minutes  per statement.

The breakdown of those making statements was as follows –

14. Public Business

As  would  be  expected,  the  time  for  the  debate  of  propositions  under  Public  Business dominated meetings of the Assembly in 2008. A total of 230 hours and 29 minutes was spent on Public Business, a significant increase over the 2007 total of 184 hours and 23 minutes. The time spent on Public Business represented just under 83% of the total number of sitting hours of the Assembly.

The total number of projets debated in 2008 was 174. Some of these debates included, of course, debate on amendments relating to the proposition. The breakdown of the number of each type of propositions debated is as follows –

The total time spent debating the various categories of proposition, and the average time spent on each, was as follows –

It is of note that, as in 2007, the Assembly spent considerably more time debating policy propositions lodged by private members than any other category of propositions although, as shown above, the average time spent on each was significantly less than for some other types of proposition. As in 2007, it is also of note that, despite its rôle as Jersey's legislature, the Assembly spent only 31.9%, a relatively small proportion of its time, during Public Business debating legislation (Draft Laws, Regulations, Legislative Acts and Standing Orders) although this was an increase over the 2007 percentage of 28.3%.

The total number of projets lodged "au Greffe" in 2008 was 187, slightly less than the 2007 total of 198.

The breakdown into the different types of propositions lodged was as follows –

The number of amendments and amendments to amendments lodged was as follows –

The following table shows those responsible for lodging the 187 propositions –

15. Significant debates

There were a number of significant debates during 2008 and some of these were as follows –

• Annual Business Plan 2009 and Budget 2009. Under the new structure of agreeing expenditure and taxation proposals set out in the Public Finances (Jersey) Law 2005 all decisions on expenditure for 2009 were, for the third year, taken in September through the Annual Business Plan 2009 with decisions on taxation and income generation taken separately in the Budget 2009 in December. Once again the debate on the spending plans in the Annual Business Plan proved to be the more controversial with sets of 12 amendments lodged and 3 amendments to amendments. The debate lasted for a total of 31 hours and 33 minutes over 6 sitting days. The debate on the Budget 2009 proved significantly less controversial, lasting for less than 2 days with only 5 amendments being lodged.

• Goods and Services Tax. The introduction of the new Goods and Services Tax in Jersey on 6th May 2008 at a rate of 3% was the culmination of many States debates over a period of several years. There were a number of debates during 2008 relating to the tax relating to matters such as payments by the financial services sector and the de minimis waiver on imports, the latter being informed by a scrutiny review. In addition there was a debate initiated by the Minister for Treasury and Resources on delaying the introduction of GST for 5 days to accommodate requests from local traders that it should not be introduced in mid week, on 1st May, as originally planned. An amendment to this proposal was lodged by a private member seeking a one year delay in introduction but the amendment was rejected. Later in the year, members debated a number of propositions and amendments from private members seeking to introduce exemptions or zero-rating for a number of items. All were rejected but the closest vote came in relation to foodstuffs where the proposed exemption was rejected on a tied vote of 25 to 25.

• Code of Practice for Scrutiny Panels and the Public Accounts Committee. In March 2008 the States approved the Code of Practice for Scrutiny Panels and the Public Accounts Committee which set out the manner in which scrutiny panels and the PAC should operate. The development of the Code had been the subject of on-going discussions between scrutiny and the Executive for nearly 2 years, with the principal point of disagreement being in relation to the manner in which scrutiny panels could access legal advice. The Code as lodged by the scrutiny Chairmen's Committee was amended during the debate through an amendment on this point lodged by the Council of Ministers.

• Connétable s (Jersey) Law 2008. In January 2008 the States approved the Connétable s (Jersey) Law 200- which introduced a common election day for all 12 Parish Connétable s on the same day as the senatorial elections every 3 years from 2011. The Law contained transitional provisions to ensure that no sitting Connétable was prejudiced and 9 of the 12 Connétable s took part in the first Connétable s' election in October 2008 under the transitional arrangements. Under the transitional arrangements the next term of office of the 3 remaining Connétable s will be shortened so that all 12 Connétable s will then be elected on the same day in October 2011.

• Regulation of Election Expenses. In July the States approved the Public Elections (Expenditure and Donations) (Jersey) Regulations 2008, which introduced a system of regulation of election expenses for the first time in the Island. The Regulations provide that candidates can spend a fixed amount on their election campaign plus an additional sum related to the number of electors in their constituency. Candidates are required to make a declaration of expenditure after the election setting out the amounts spent and the source of funding.

• Registration of Political Parties.  In April 2008 the States adopted the Political Parties (Registration) (Jersey) Law 200- which introduced a system of registration for political parties in Jersey. In addition to basic registration for political parties, the Law amended the Public Elections (Jersey) Law 2002 to allow candidates who are supported by a political party to have the name of that party inserted against their name on the ballot paper. One political party took advantage of the new Law to register in advance of the elections in the autumn of 2008.

• Esplanade Quarter Masterplan. In June 2008 the States debated spent several days debating the proposed Masterplan for a new financial quarter on the St. Helier Waterfront. The Masterplan was eventually approved, but the issue proved to be extremely controversial and the Chief Minister had to apologise after the debate for inadvertently misleading the Assembly in relation to potential legal claims against the proposed developer. A subsequent proposition to rescind the decision was subsequently lodged by a private member but that was rejected in July. In October the States approved a proposition brought by another private member and agreed that no development agreement for the area should be signed until the terms of the agreement had been approved by the Assembly. Following the controversy during the debate on the Masterplan, the States voted to remove the Chairman of the Waterfront Enterprise Board (the States-owned development company for the area) from office in July and also debated a vote of censure in the Chief Minister, although that was rejected.

• Non-profit organisations. In June the States adopted the Non-Profit Organisations (Jersey) Law 200- which introduced a system of registration for charities and other non-profit organisations. The Law was introduced to ensure that Jersey could comply in order to meet the international standards set by the Financial Action Task Force, the body charged with setting international standards for combating money laundering and the financing of terrorism. The proposed introduction of the Law caused significant debate in the charitable sector, as some opponents considered that it would place undue and unnecessary burden on local charities and, in response to these concerns, the original proposals were modified by the Chief Minister in order to reduce the bureaucratic requirements for non-profit organisations with limited annual income.

• Importation of bovine semen. The debate on the importation of bovine semen in July 2008 proved to be one of the most controversial issues considered by the States during the year, with opinion strongly divided both in the Assembly and in the local agricultural community. The proposal sought to overturn the centuries-old import ban on bovine semen and opponents of the move saw it as a potential threat to the purity of the Jersey cattle breed as no live cattle have been imported into the Island since 1763. The proposals were subjected to an in-depth review by a sub-panel of the Corporate Services Scrutiny Panel, which took evidence from a wide range of stakeholders including many dairy farmers. The review concluded that the proposals were in the best long-term interests of the dairy industry. The States supported the lifting of the ban, although it was made clear to members that only semen from pure thoroughbred Jersey cattle would be used for breeding Jersey cows in the Island.

• Central European Time referendum.  In June 2008 the States supported a proposition brought by a private member to hold Jersey's first referendum since the enactment of the Referendum (Jersey) Law 2002. The referendum was held on the same day as the senatorial and Connétable s' elections in October and the question asked was whether or not Jersey should adopt Central European Time, which would have meant moving clocks forward all year round by an additional hour. The referendum took place on 15th October 2008 and the question was rejected by a substantial majority with 6,564 electors voting Yes' and 17,230 voting No'.

• Foundations Law. The States approved the Foundations (Jersey) Law 200- in October 2008. The Law will permit the creation of a new legal entity, the foundation, and it is anticipated that it will be used principally for wealth management and provide a new sector of business for the local financial services industry.

• Energy from Waste facility. In July 2008 the States debated at some considerable length the proposal to build a new Energy from Waste plant to replace the Island's ageing incinerator. The appropriate manner to dispose of the Island's waste had been the subject of considerable research by the Environment scrutiny panel over a number of years and the Panel concluded that it could not support the proposals for the new plant. Despite Scrutiny's reservations, the States approved the proposal brought forward by the Minister for Transport and Technical Services and also agreed to allocate just under £103 million to fund the construction of the new plant.

• Role of the Bailiff . The role of the Bailiff (President of the States) was considered on 2 occasions by the Assembly in 2008. In July, a vote of no confidence in the Bailiff was debated but rejected by 3 votes to 47. In September the States rejected a proposition brought by a private member that the current dual role of the Bailiff as President of the States and President of the Royal Court should cease.

• Vote of no confidence in the Council of Ministers. In July the States debated a vote of no confidence in the Council of Ministers, but it was rejected by 8 votes to 41 with 2 abstentions.

• Rezoning of land for lifelong dwellings and homes for first-time buyers. In July 2008 the States adopted a proposition brought by the Minister for Planning and Environment and agreed to rezone a number of sites to enable the construction of homes for the over-55s and for first-time buyers. The proposition was opposed by members who felt that it was inappropriate for the Assembly to rezone Greenfield sites in advance of the overall review of the Island Plan 2002.

• Marriage and Civil Status Law. In July 2008 the States agreed amendments to the Marriage and Civil Status (Jersey) Law 2001 which were designed to give parents, particularly unmarried parents, much greater choice over the surname to give to their children.

2. INTER-PARLIAMENTARY BODIES

The CPA International Executive Committee with the Bailiff of Jersey during the mid-year meeting in April

Opening Ceremony CPA Conference in Malaysia

1. Introduction

The States of Jersey are members of a number of international inter-parliamentary bodies and members of the States continued to participate in a number of different conferences and seminars during 2008.

2. Commonwealth Parliamentary Association (C.P.A.)

Jersey continued to play an active part in the work of the Commonwealth Parliamentary Association during 2008. The various conferences and seminars attended by members during the year were as follows –

• One  young  person  from  Jersey,  Philip  Ashley,  attended  the  Commonwealth  Day Observance in London in March organised by the C.P.A. Secretariat.

• Deputy  Kevin   Lewis  attended  the  annual  Westminster  seminar  on  parliamentary practice and procedure organised by the UK Branch in March.

• Deputy Rob Duhamel (Leader), Connétable Silva Yates, Deputy Paul Le Claire and Deputy Ben Fox attended the British Islands and Mediterranean Regional Conference hosted by the Gibraltar Branch in May.

• Deputy D.W. Mezbourian attended the 20th C.P.A. Parliamentary Seminar in Ottawa in June.

• Deputy Bob Hill (Leader), Senator Jim Perchard and Deputy Judy Martin attended the annual  Small  Branches  and  Plenary  conferences  in  Kuala  Lumpur,  Malaysia  in August.

In addition to attendance at events in other jurisdictions, a major event for the local Branch was the hosting of the mid-year meeting of the International Executive Committee of the Association in April. The Executive Committee comprises the Officers of the Association and the Regional Representatives, and delegates were hosted at the Hotel de France for the meeting.

The Jersey C.P.A. Branch continued to publish a newsletter during 2008 giving reports of conferences and seminars attended, together with details of forthcoming events and general information for members of the Branch.

3. Assemblée Parlementaire de la Francophonie (A.P.F.)

The President of the Section de Jersey, Connétable Ken Vibert , attended the annual Conférence des Présidents of the European Region which was held in Sion, Valais, Switzerland from 22nd to 24th April 2008. The Conférence des Présidents is an annual meeting of the Presidents of each European A.P.F. branch where the agenda for the next Regional Conference is finalised.

The Vice-President, Deputy Juliette Gallichan and Connétable Dan Murphy attended the XXIème Assemblée Régionale Europe which was held in Sofia, Bulgaria, between 5th and 9th November 2008.

During 2008 the Jersey Section also began planning the next European Regional Conference, which will be held in Jersey in April 2009 and which will bring together a large number of French-speaking parliamentarians in the Island.

4. British-Irish Parliamentary Assembly

On 4th April 2006 the States appointed Deputy A. Breckon as Jersey's representative on the then British-Irish Inter-Parliamentary Body, with Connétable D.J. Murphy of Grouville being appointed as a reserve delegate. The organisation brings together parliamentarians from the parliaments at Westminster and Dublin, from the devolved Parliament and Assemblies in Edinburgh, Cardiff and Belfast and from the 3 Crown Dependencies.

Deputy Breckon attended both plenary sessions in 2008, the 36th Plenary in Wexford, Eire, between 27th and 29th April 2008 and the 37th Plenary in Newcastle between 19th and 21st October 2008. At this second 2008 plenary, the Body resolved to change its name and it is now known as the British-Irish Parliamentary Assembly.

5. Cricket match against the States of Guernsey

After the successful cricket match against the States of Guernsey in 2007 in Jersey, members of the States had the opportunity to meet colleagues from the States of Guernsey again in a return match held in Guernsey on 11th July 2008. From the Jersey team's point of view the highlight of the day was undoubtedly the bowling out for a golden duck of Guernsey's Chief Minister by his Jersey counterpart!

3. PRIVILEGES AND

PROCEDURES COMMITTEE

1. Membership

The membership of the Privileges and Procedures Committee (PPC) throughout 2008 was as follows –

Connétable D.F. Gray of St. Clement (Chairman) Deputy J. Gallichan of St. Mary (Vice-Chairman) Senator M.E. Vibert

Connétable K.A. Le Brun of St. Mary

Deputy G.C.L. Baudains of St. Clement

Deputy I.J. Gorst

Deputy S.C. Ferguson

2. Meetings

The Committee held 22 formal meetings during the year and recorded another 7 meetings as telephone/e-mail meetings. Meetings were normally held on a fortnightly basis in the meeting rooms in the States Building.

3. Significant items dealt with by the Committee

The Committee dealt with a large number of different matters during the year and some of the most significant of these items were as follows –

• Term of office of Connétable s and Deputies. In September 2007 the States voted to extend  the  term  of  office  for  Deputies  to  4 years  from  2008,  however,  PPC's proposition to this effect was rejected by the States Assembly in January 2008, when it was decided to retain the 3 year term of office for Connétable s and Deputies. The States did, however, agree to introduce the Connétable s (Jersey) Law 2008, which came into force on 28th March 2008, thereby establishing a single election day for Connétable s, the first of which was held in October 2008.

• Review of the first 12 months of Ministerial government. A report containing 55 recommendations was presented to the States by PPC in November 2007, following a review of the first 12 months of Ministerial government. Further consultation took place throughout 2008, and a number of recommendations were adopted following the approval by the States in October of the States of Jersey (Amendment No. 5) Law 200- (P.122/2008) and Amendment (No. 9) of the Standing Orders of the States of Jersey, which came into force on 28th October 2008.

• Official Report (Hansard'). Concerns were raised during 2008 that the names of people who were not members of the States Assembly were being used in breach of Standing Orders during States Sittings, and were then being published on the States Assembly website as part of the written transcript (Hansard'). On 5th December 2008, PPC therefore lodged au Greffe' the Draft Amendment (No. 10) of the Standing Orders of the States of Jersey, which is due for debate in 2009, and, if adopted, will give the Presiding Officer a new power to direct that any name that he or she has determined is in breach of Standing Order 104(2)(i) be omitted from the transcript.

• Election expenses. In July 2008 the States voted to approve the Public Elections (Expenditure and Donations) (Jersey) Regulations 2008. The draft legislation was lodged by PPC in order to give effect to the in-principle decision of the States of 2nd May 2007 to regulate the amount candidates could spend on their election campaigns. The legislation came into force on 25th July 2008 and introduced a limit on expenditure during election campaigns, a requirement for candidates to declare how much they had spent and the source of their funding, rules governing the receipt of gifts and donations, and regulations regarding third party expenditure.

• Registration of political parties. The Political Parties (Registration) (Jersey) Law 2008 came into force on 1st August 2008, following approval by the States in April 2008. The legislation was lodged by PPC in order to give effect to the in-principle States decision of 16th July 2007 to introduce a system of registration for political parties in Jersey.

• Voting at 16. The Public Elections (Amendment No. 2) (Jersey) Law 2008, brought forward by PPC, came into force on 1st April 2008. This enabled the newly enfranchised younger voters, aged 16 and 17 years, to register prior to the elections in the autumn of 2008.

• Freedom of Information (Jersey) Law. Following further consultation on the effectiveness of the current Code of Practice on Public Access to Official Information, a revised draft of the Freedom of Information Law was considered by PPC in October 2008. It was agreed by the Committee that, should the Freedom of Information (Jersey) Law be introduced, it should be implemented in phases, and a single point of contact should be established for the submission of requests for information under the proposed legislation. Enquiries are now being made to the Royal Court to determine the viability and cost of establishing an administrative review system for appeals against decisions of Ministers and others under the proposed legislation.

• Code of Conduct for Elected Members. The Committee considered 14 complaints during the year and published 2 reports in relation to the outcome of investigations under the Code.

• Public Elections (Jersey) Law 2002. In late 2007, PPC set up a working party to consult with the Connétable s and other stakeholders on finalising amendments to the Public Elections (Jersey) Law 2002. As a result of their findings, practical improvements were made to the operation of the Law, and some policy changes introduced, when the Public Elections (Amendment No. 2) (Jersey) Law 2008, and Public Elections (Amendment No. 3) (Jersey) Law 2008 came into force in April and October respectively.

• Powers, Privileges and Immunities of Committees of Inquiry. The States of Jersey (Powers, Privileges and Immunities) (Scrutiny panels, PAC and PPC) (Amendment) (Jersey) Regulations 2008 came into force on 29th October 2008, giving immunity to technical advisers when questioning those who appear before a Scrutiny panel, the Public Accounts Committee and the PPC.

• States of Jersey Complaints Board. The members of this independent Board, under the Chairmanship of Mrs. Carol Canavan, continued to review the actions of ministerial departments referred to them by complainants. PPC presented the Board's annual report to the States in March 2008, followed by 2 reports to the States detailing the Board's findings in relation to 4 separate complaints. The first report was presented on 23rd July 2008 and concerned the Board's findings with regards to a complaint against a decision of the Minister for Housing; the second was presented on 20th August 2008 and outlined the Board's findings in relation to 3 complaints against decisions of the Minister for Education, Sport and Culture. Despite the low number of hearings, the number of applications increased substantially, and the workload of the Chairmen, and in particular the Deputy Chairmen, increased significantly throughout the year as a result in changes in procedure introduced in 2006. PPC would like to record its thanks to the Chairman, Deputy Chairmen and members of the Panel for their work in an honorary capacity dealing with a wide variety of complaints during the year.

• Members'  facilities.  Facilities  for  States  members  were  improved  during  2008 following agreement from the Committee for the installation of a shower room in the States Building, PCs and printers in the interview rooms, and the establishment of a wireless network for use in the members' rooms.

• Voter registration campaign. The Committee co-ordinated a campaign to encourage residents in the Island to ensure that they were registered to vote before the elections held in October and November 2008. As part of the campaign a colourful mobile voter registration tent' moved around the town centre in the late summer enabling passers- by to check immediately if they were already on the register. In the immediate lead-up to the elections the Committee published 2 supplements in the Jersey Evening Post with the manifestos of all the candidates.

4. SCRUTINY PANELS AND PUBLIC ACCOUNTS COMMITTEE

Scrutiny Citizenship Programme  Scrutiny reports

Bovine Semen Review  Early years education and care

SECTION SUBMITTED BY THE CHAIRMEN'S COMMITTEE

FOREWORD

As the first ever term of office of Scrutiny is now complete, I am  particularly pleased, indeed, proud, to be writing this foreword for  the 2008 Annual Report.  

Scrutiny may well have got off to an uncertain start, however, it  had  not  existed  previously  within  the  context  of  Ministerial  Government, so this could hardly be surprising. However, as I  look back over the last 3 years and consider the 2006 and 2007  Annual Reports, it becomes abundantly clear to me that Scrutiny is now truly up and running.

Successes for Scrutiny have been many and have increased over the years. There are those who question what a scrutiny success is. Scrutiny is an "influencing" body; it has no decision- making powers and measuring influence itself is problematic. My belief is that the success of Scrutiny can be measured, not necessarily by the number of reports it produces, nor by whether Ministers accept report recommendations, but by whether scrutiny work raises the level of debate in the States Chamber.

I  have  been  particularly  delighted  with  some  of  our  public  engagement  initiatives  The involvement of Scrutiny Members, a Minister, Assistant Minister and Executive Officers, in Year 10 of 5 secondary schools was exceedingly rewarding. I hope particularly that it was beneficial for the students and will encourage greater involvement of young people in Island affairs. This project is described in more detail in the body of the report.

The  Scrutiny  Matters  newsletter  has  been  circulated  just  once  during  2008,  as  it  was inappropriate to circulate an autumn version during the election campaigns for Senators and Connétable s in some Parishes and then for the Deputies' seats. However, I sincerely hope that those who follow in our footsteps recognise the potential value of the newsletter. There is still work to be done regarding communication with and involvement of the public, and over time this hopefully will develop.

My thanks go to all those Members who have at some time been involved in scrutiny over the last 3 years. Also to those Members who have served on the Chairmen's Committee – I am extremely grateful. Lastly, I feel that we have left a sound foundation for future scrutiny members to build on and I wish all the best to those who continue to drive forward and develop the scrutiny function. Good luck!

Deputy Sarah Ferguson, President, Chairmen's Committee until 8th December 2008.

1. Introduction

1. Scrutiny Membership has been constant throughout 2008, with no membership changes to any of the 5 main Panels. There have been a couple of changes to the Public Accounts Committee: the Connétable of St. Peter resigned on 18th June 2008 and Deputy Le Hérissier was appointed on 8th July 2008.
2. Scrutiny Officer and administration changes

Miss Rebecca McColligan was appointed to the vacant position of Scrutiny Administrator and took up the position on 3rd March 2008.

Mrs. Liz Kingston-Walsh had joined the scrutiny office in March 2007 but was successful in being appointed as Manager of the area in which she had originally qualified and left us on 18th April 2008. Mr. Matthew Dransfield was appointed as her replacement and commenced work on 14th April 2008, leaving the section on 8th September 2008.

Mrs. Fiona Bryans, Scrutiny Administrator, was successful in being appointed to the post of Personal Assistant to the Connétable of St. Helier , taking up this position during September 2008. Ms Linda Beaton was appointed to this role and took up the position on 10th November 2008.

Mr. Nathan Fox, Scrutiny Officer, left the Scrutiny Office on 3rd October, having been promoted to a post in the Economic Development Department.

Finally, our newest recruits, Mr. Sam Le Quesne and Mrs. Elizabeth Liddiard, joined the section on 1st December 2008 as Scrutiny Officers.

3. Work of Panels

With 2007 having been a very busy year, many Panels carried over reviews into 2008. However, due the large number of States Sittings during July and again in September, and with the nomination dates for Senator and Connétable shortly after, Panels undertook less work in the latter half of 2008. Details of Panel activity are included in the following individual Panel pages.

This year has, however, really shown the importance of Scrutiny in assessing and evaluating the Executive's work and holding the Ministers to account. The work which has been undertaken by Panels has made for a more informed debate in the States Chamber.

Scrutiny Reports produced during 2008

Other work has been undertaken by a number of Scrutiny Panels which have not resulted in a formal S.R. report. Details of these are included within the individual Panel reports.

2. WORK OF PANELS

1. CORPORATE SERVICES SCRUTINY PANEL Message from the Chairman

We have had a very varied year throughout 2008. In addition to conducting our final review on the Goods and Services Tax, we have also reacted very quickly to several issues coming before the States, including Land Transactions Tax; the Proposed Establishment of the Jersey Enterprise Board; and the Proposed Importation of Bovine Semen.

A lot of time has also been dedicated to reviewing the Annual Business Planning process, and we will therefore be leaving a blueprint for how this work can be progressed in future years.

The Panel has been very proactive in its approach since our first review into the Sexual Offences Legislation in January of 2006, and our enthusiasm hasn't dwindled over the past 3 years. I am very proud of the work the Panel has conducted over this time, and we have had many notable successes as a result of our reviews.

As this was the final year for the current Panel, I would like to extend my gratitude to everyone that has helped to make the Panel the success it has been over the past 3 years.

The Panel's work and successes during 2008

The Corporate Services Panel has once again had a very busy year. Several reviews were completed with reports presented in time to inform the relevant States debates. The Panel continued its work on GST; however several new reviews were also completed, making it a very varied year for the Panel.

Goods and Services Tax

The Panel's year began by presenting its fourth and final report on the Goods and Services Tax. This section of the Panel's review focused on the proposed de minimis waiver of duty or Goods and Services Tax on imported goods, below which the duty or tax due would not be collected. The Panel did not support the high de minimis waiver set by the Treasury and Resources Minister (which allowed the tax-free importation of goods up to the value of £400) and favoured a level closer to the European norm (equivalent to about £100 at Jersey's 3% tax level).

The Panel recommended that the de minimis waiver should be reviewed within a 12 month period from the start of GST, which is a recommendation that has been accepted by the Minister for Treasury and Resources, and will form part of the review that will be conducted on all aspects of GST.

Waterfront Development

At the beginning of the year the Panel also presented its report on the proposed Waterfront Development and the proposal to sink La Route de la Libération, which the Panel had been invited to scrutinise in the summer of 2007 (at that time the proposals were a still at a confidential stage). The Panel examined the commercial arrangements with the developer Harcourt  and  conducted  a  review  specifically  based  on  this  narrow  focus.  (The  broader implications of this development were outside the Panel's remit.)

The Panel's report concluded that having considered the advice and paperwork received, it was satisfied that the initial process of negotiations with the developer on the heads of terms complied with good commercial practice.

Proposed Land Transactions Tax: Residential Property

During the debate on the Draft Taxation (Land Transactions) (Jersey) Law 200-, it was agreed to refer the Draft Law to the Panel, for detailed scrutiny of the provisions of the Law and their effect. Having thoroughly reviewed this issue, the Panel presented its report to the States on 10th June 2008, in time to help to inform the States debate on this matter. The Panel looked closely at questions related to the extent to which the Draft Law would cover all share transfer transactions, the operation and administration of the Law and the effect of the Law, particularly on first-time buyers.

One of the Panel's key recommendations urged the Minister for Treasury and Resources to consider using the additional income raised by the tax to provide additional relief to all first- time buyers, to alleviate the well-known problems facing young people taking their first steps on to the housing ladder. The Minister agreed to consider raising the thresholds for relief at the time of the Budget.

Review into the Proposed Establishment of the Jersey Enterprise Board

The Panel also formed a Sub-Panel, chaired by Deputy Egré, to review the proposed establishment of the Jersey Enterprise Board. This Sub-Panel focused its attention on a proposition lodged by the Council of Ministers, which if approved, would have changed the way surplus States property would have been dealt with in the future, in part through the creation of a separate limited liability company, the Jersey Enterprise Board (JEB). In reviewing this proposal, the Sub-Panel became concerned that the lodged proposition was insufficiently progressed and consequently lacked the degree of certainty necessary, not only to demonstrate there would be a net benefit from JEB, but even to identify what that benefit might be. The Sub-Panel therefore strongly recommended that the proposition should be re- considered before being debated by the States, and as a result, the Council of Ministers withdrew the proposition, enabling the Chief Minister's Department to revisit the proposal, with updated proposals soon to be expected.

Review into the Proposed Importation of Bovine Semen

The proposal to import bovine semen into the Island proved to be incredibly contentious, and attracted a great deal of attention from interested parties and members of the public. As a result, during the States sitting on 29th April the proposition was deferred until the debate on 15th July, during which time it was agreed it would be reviewed by the Panel. Over the next 2 months the Panel conducted an intensive review, including attendance at the World Jersey Cattle Bureau Conference, a visit to Guernsey, a Public Meeting at the Town Hall , and numerous Public Hearings. After fully considering all of the information available, the Panel recommended that the importation of bovine semen should be permitted. The States subsequently voted in favour of this proposal, and the Panel's review was congratulated by the Chief Minister, who considered it to have been an enormous assistance to States Members during the course of the States debate.

States Business Plan and Budget

The Panel has welcomed in principle the consultation process developed by the Executive and the opportunity to comment on the Executive's spending plans and strategic objectives prior to the Draft Annual Business Plan being debated and agreed by the States. The Panel believes that further work is required to encourage all Panels to scrutinise spending plans and priorities in advance of the debate on the States Business plan. In particular there needs to be further clarity and guidance around the expectations on Panels with regard to reviewing draft spending proposals around April each year as well as the feedback which be useful on other elements of the Business Plan (the capital programme, the Property Plan and legislation programme).

A Sub-Panel was formed in 2008 in order to monitor the Council of Ministers' corporate financial strategy during the preparation of the 2009 States Business Plan. The Sub-Panel identified confidence in the forecasting process as a key issue and will report on its investigations before the end of the year.

Migration Policy

The Panel also formed a Sub-Panel to review the Island's Migration Policy. However, as a result of delays from the Chief Minister's Department in the lodging of key items of legislation, it has been difficult for the Panel's review to progress. This issue is likely to be a key area of interest for the new Corporate Services Panel during 2009.

2. ECONOMIC AFFAIRS SCRUTINY PANEL About the Panel

The Economic Affairs Scrutiny Panel came into being on 5th December 2005. Its remit is to conduct reviews into matters relating to the economy of the Island.

It shares with the other 4 Scrutiny Panels the responsibility to consider the policies of the Council of Ministers, to scrutinize draft Laws, international conventions and agreements, and to scrutinize the draft Annual Business Plan and the Budget.

The Panel is empowered to the report to the States upon any matter reviewed, and to amend the propositions of the Council of Ministers or to bring forward propositions in its own name.

The membership of the Panel throughout 2008 was –

Deputy G.P. Southern of St. Helier , Chairman Deputy A. Breckon of St. Saviour , Vice-Chairman Connétable M.K. Jackson of St. Brelade

Deputy J.A. Martin of St. Helier

Deputy K.C. Lewis of St. Saviour

Sub-Panels

The Economic Affairs Panel is empowered to create subordinate bodies to report on a particular matter. These are supported by the existing resources of the Panel, although they draw membership from a cross-section of members. The Sub-Panels do not have the same powers as the full Panel as they are not bodies formally appointed by the States of Jersey. All reports, propositions and comments to the States are brought through the full Panel, and it retains ultimate responsibility for the actions of its Sub-Panels.

During its tenure, the Panel has formed 2 Sub-Panels – the Telecoms Privatisation Sub-Panel and the Dairy Review Sub-Panel. By the end of the Panel's term of office there were no Sub- Panels operating, although the Telecoms Privatisation Sub-Panel reported in 2008.

Reviews in 2008

Telecoms Privatisation review

This Sub-Panel was set up in 2006 to examine the rationale for the privatisation of Jersey Telecom, and the methods that were to be employed. The Panel felt that it was essential that the States entered into a debate on such an important matter with all the relevant information. Following the initial report of the Sub-Panel in March 2007, the Executive established a working group to determine if Jersey Telecom should be privatised, and if so the best way to do this. The Sub-Panel's adviser, Dr. David Parker, was invited onto this group and made a significant contribution to the outcome.

The Sub-Panel was reconstituted following the subsequent lodging by the Treasury of a proposition to privatise Jersey Telecom, and lodged a supplementary report on the issue on in 29th January 2008. The outcome of this was that the proposition was withdrawn.

Review of the Role and Funding of Jersey Finance Limited

The Panel decided to undertake review of JFL as it had been operating for 7 years, during which it had grown in size and seen its remit change in response to external economic factors and political pressures from the European Union (EU) and Organisation for Economic Co- operation and Development (OECD).

While its rôle of promoting the Island's financial services was seemingly clear-cut, in the area of  promotion  and  marketing  it  was  notoriously difficult to assess whether any initiative represents value for money.

The report recommended that there be a separation of the promotional and technical divisions of JFL. It examined the principles and benefits of matched funding in this public-private partnership (PPP), and suggested that the current imbalance in funding has created some accountability  problems.  Whilst  there  can  be no doubt that JFL provides clear two-way communication between the industry and Government, the report pointed out that questions around lobbying activity remain to be resolved.

Retail Strategy review update

The original Retail Strategy Review centred on the analysis of the policy used by the Ministers for Economic Development and Planning and Environment to decide how much additional retail space to permit in the Island (the Retail Framework'). The Panel concluded that the original report by the consultants Experian on which this policy was founded was so fundamentally flawed as to be unfit for purpose. The figure produced for overtrading in Jersey's convenience retail sector, for example, was a 45% overestimate compared to data later gathered for the Household Expenditure Survey 2004.

The Panel found that the Retail Framework document relied on flawed data. As a result, the proposal for a significant increase in the amount of retail space in the Island which could permit a UK chain supermarket to operate in Jersey was found to be ill-conceived.

One of the recommendations of the review was that further work was carried out by the Economic Development Department prior to the arrival of a UK multiple supermarket operator in the Island. Possibly as a result of this recommendation, the Jersey Competition Regulatory Authority produced a report on the effect on local competition of such an arrival on 14th March 2008.

The Panel was not satisfied that this report took all of the economic and social factors onto account, and undertook an update of the original review (rather than a Scrutiny Review in its own right) to consider the JCRA report and work carried out by the Jersey Chamber of Commerce challenging its conclusions.

The Panel concluded that the entry of a UK multiple would have a significant detrimental effect on local businesses, and there was no guarantee that this would result in the availability of lower prices to consumers.

Meetings

The Panel and its Sub-Panels conducted much of their business outside of meetings, and were in daily contact with the Scrutiny Office by phone, e-mail and post. Panel meetings were usually held fortnightly, although in the final stages of a report the Panel met daily for a week or more. These working group meetings were not formally minuted and not counted towards the formal total of meetings.

The Panel formally met 11 times in 2008. Overall

The Panel feels that 2008 has been a successful year, although it regrets that the Employment and Training Opportunities in Jersey review, scheduled for completion in September, could not be completed due to time pressures.

The Panel considers that its 2005–2008 tenure has been successful, and that it has achieved its goals of holding the Executive to account and increasing the value of States decisions. It has left a considerable body of research on a wide range of topics to assist a future Panel in its work.

3. EDUCATION AND HOME AFFAIRS SCRUTINY PANEL Chairman's Introduction

The remit of the Education and Home Affairs Scrutiny Panel encompasses the work of the Ministers for Education, Sport and Culture and Home Affairs. Our membership increased to 4 in 2008 when, on 29th January 2008, Connétable Graeme Butcher was appointed to join me, Deputy Juliette Gallichan and Deputy Shona Pitman on the Panel.

As in previous years, the Panel continued to undertake in-depth and detailed reviews of broad- ranging topics for which we received recognition, particularly in relation to our work on early years. However, we also specifically increased the amount and level of scrutiny we undertook on draft legislation and the Annual Business Plan and endeavoured to enhance the information available both to the States Assembly and to the public on these matters.

2008 marked the last year in the life of this Panel. As Chairman, I would therefore like to take this opportunity to thank all those who have contributed to our reviews and shown an interest in the work of the Panel.

Deputy Deidre Mezbourian

Chairman, Education and Home Affairs Scrutiny Panel

Scrutiny Reports

Policing of Events: User Pays?

Work began in 2007 on reviewing the proposal of the Minister for Home Affairs to introduce a user pays' charge for the policing of certain commercial or profit-making events. The Panel's final report was presented to the States on 11th March 2008 and included recommendations that the Minister continue work on developing a user pays' charge but that the underlying principle should be that all events would be considered albeit with appropriate exemption criteria. In her response, the Minister accepted these recommendations.

Early Years Education and Care

In May 2007, the Panel began its review of the objective of the Minister for Education, Sport and Culture that all 3 to 4 year-olds should receive 20 hours of early years education per week for 38 weeks a year. The Panel engaged the professional services of Dr. Cathy Hamer as expert adviser for the review. The final report was presented to the States on 29th April 2008.

Social Inclusion – Mont-à-l'Abbé:

The draft proposals for the 2009 Annual Business Plan identified a potential shortfall in funding for Mont-à-l'Abbé School. As a result, the Panel undertook to review the situation; visited the school; and held a Public Hearing with the Minister for Education, Sport and Culture on 24th June 2008. It transpired that sufficient funding had been located and the Panel therefore decided to curtail its review. A report was presented to the States on 10th October 2008 to record the work undertaken by the Panel and highlight the broad issues that had been considered.