14th Nov 2012

PM/SC/325

PRIVILEGES AND PROCEDURES COMMITTEE (20th Meeting)

14th November 2012

PART A

All members were present, with the exception of Deputy K.L. Moore , from whom apologies had been received.

Connétable A.S. Crowcroft of St. Helier , Chairman Senator S.C. Ferguson

Senator Sir P.M. Bailhache

Connétable L. Norman of St. Clement

Deputy J.A. Martin

Deputy M. Tadier

In attendance -

Deputy J.M. Maçon (for item B3)

Deputy J.A.N. Le Fondré (for item A3)

Deputy J.H. Young (for item A3)

M.N. de la Haye, Greffier of the States

Mrs. A.H. Harris , Deputy Greffier of the States

P. Monamy, Acting Clerk to the Privileges and Procedures Committee

Note: The Minutes of this meeting comprise Part A and Part B.

Minutes. A1. The Minutes of the meetings held on 27th September (Part A and Part B)

and 17th October 2012 (Part A and Part B), having been previously circulated, were taken as read and were confirmed.

Matter for  A2. The Committee  was apprised by the   Deputy Greffier  of the  States that information:  Planning and Environment Ministerial  Hearings and  meetings  of the Planning audio  Applications Panel were being audio recorded on a trial basis from 9th November recording of  2012.

P&E

Ministerial  It was noted that audio recording of the proceedings (which were held in public) Hearings and  would enable audio extracts from the meeting to be provided to anyone requesting Planning  them (for a fee of £25) and also, in the event that a particular application were to Applications  be the subject of proceedings before the Royal Court (e.g. a Third-Party Appeal), Panel  for a transcript to be provided for the Planning Department and/or the Court. meetings.

It was recognised that, to date, only one Planning and Environment Ministerial Hearing had been audio recorded and the Committee noted that this had been successful, with inter alia improved amplification of sound being provided to the audience.  It was further noted that next to be audio recorded was the Planning Applications Panel meeting to be held on Thursday, 15th November 2012.

Machinery of  A3. The  Committee  received  the  draft  interim  report  of  the  Machinery  of Government  Government Review Sub-Committee and welcomed Deputies J.A.N. Le Fondré sub-committee. and J.H. Young to the meeting.

93

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465/1(182)

It  was  recalled  that  the  Machinery  of  Government  Review  (MOGR)  Sub- Committee had been constituted by PPC in February 2012 and that its terms of reference were to:

1. analyse the machinery of government in Jersey,
2. identify any problems,
3. agree a series of findings and recommendations to improve the current machinery, and
4. present a report and recommendations to the PPC.

Following an extensive series of interviews with the majority of States members and senior officers, the Sub-Committee's draft interim report recommended the introduction  of  Ministerial  Boards  to:  review  the  policies  and  priorities  of departments and ensure that they were within the strategic direction of the States; provide advice to the Minister on departmental priorities and initiatives; make recommendations on policy issues identified as being priorities; and to oversee the delivery of planned results by monitoring performance. It was considered that each Board would be constituted by the relevant Minister, the Assistant Minister, and 3 non-executive board members. The Sub-Committee recommended that the Troy rule,' which prescribed a 10 per cent difference in numbers between the executive and scrutiny functions, should be retained under the proposed system. The Sub- Committee proposed the introduction of a Scrutiny Oversight Committee. Once approved, the report would invite comments from all stakeholders on the emerging proposals for reform and their implications by 31st December 2012, and the Sub- Committee had also recommended that the Committee should consider requesting an in committee debate in respect of its interim report in accordance with Standing

Order 89(2)(c).

The  Committee,  having  reviewed  the  content  of  the  draft  interim  report, and having discussed the same with Deputies Le Fondré and Young in conjunction with a bullet-point summary circulated at the meeting, offered its congratulations to the authors of the report.

Having noted the conclusions of the report that there appeared to be no appetite to return to the Committee system, but rather that there should be refinement of the existing Ministerial system of government, the Committee asked for more work to be undertaken on the report towards developing the interesting analysis which had been referred to in general terms. It was agreed that it would be desirable for the report  to have clarity  regarding the perceived  future  of the Scrutiny  function, which the delegation outlined as being an ability to investigate an issue in-depth in conjunction with specialist advisers. It was suggested that the advent of Freedom of Information legislation in the Island could do much to improve the access by Scrutiny to information held by the Executive which it required to fulfil its role.

The Committee agreed that it would wish to consider the report further at its next meeting,  once  the  Sub-Committee  had  addressed  the  comments  made  by  the Committee.

States  A4. The Committee received correspondence, dated 3rd September 2012, from Assembly  Senator P.F.C. Ozouf , Minister for Treasury and Resources, in connexion with the estimates for  States Assembly estimates for the Medium Term Financial Plan 2013 – 2015. Medium Term

20th Meeting 14.11.12

Financial Plan  The Committee recalled that the Council had submitted proposals for the States 2013 – 2015. Assembly  expenditure  limits  in  accordance  with  Article  8(3)  of  the  Public 447/1/1/7(1) Finances (Jersey) Law 2005, and that these had been in line with the estimates

provided by the Privileges and Procedures Committee for the period 2013 – 2015.

The Committee recalled that the Medium Term Financial Plan 2013-2015 had been adopted by the States on 8th November 2012.