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1240/5(3068)
WRITTEN QUESTION TO THE MINISTER FOR TRANSPORT AND TECHNICAL SERVICES BY DEPUTY R.G. LE HÉRISSIER OF ST SAVIOUR
ANSWER TO BE TABLED ON TUESDAY, 7th NOVEMBER 2006
Question
Would the Minister identify which of the recommendations, if any, of the Committee of Inquiry into Tender Process and Award of Bus Services Contract, as outlined in its final report RC 58/2005, have been implemented and which, if any, remain to be implemented, with the reasons why?
Answer
To provide Members with clear answers to the ten recommendations resulting from the Committee of Inquiry into Tender Process and Award of Bus Service contracts, the recommendations R 1 – 10 are copied below in italics with the response from the Minister below each recommendation.
R 1 A ny project that involves the use of external consultants should have a proper monitoring programme,
with a senior manager of the sponsoring Department made responsible for managing the relationship with the consultants and monitoring their activities. Such a manager should have adequate time and other resources to be able to perform his duties effectively.
M ajor projects within the department are controlled by a senior manager who is given specific
responsibility for its overall management and delivery.
R 2 A ny project that relies on the enactment of legislation to grant the Committee (or, in future, the
Minister) the necessary powers, and that is run in parallel with the operational part of the project, must be planned and monitored carefully to ensure that timetables are set with reference to the legislative process and that the two parts of the project do not lose synchronisation with one another.
T h e e x t remely short timescale in which the original bus contract legislation was produced was
recognized as a constraint on the original contract. The Minister has obtained Law drafting time for 2007 to allow any further changes to be made to the relevant legislation well in time for the 2009 deadline for the existing Connex contract.
R 3 C areful consideration should be given as to what should be done in the event that the States do not
enact the necessary legislation as drafted (or at all).
T h e p o s ition concerning the 2009 contract is somewhat different to that of 2002, in that there is
legislation in place that allows the contract to operate. Clearly some refinement would assist in the ongoing development of the island's public bus service. However, if the changes do not occur, it does not prevent the existing contract from being re-tendered.
R 4 I n the absence of "Transfer of Undertakings: Protection of Employment" Regulations such as are in
force in the United Kingdom, in the event that a Committee or Minister has to give an undertaking as to future terms and conditions of employment it should be "on terms no less favorable than those in force on [the operative date]."
S i nce the Committee of Inquiry delivered its report, the States has approved the Employment Law
(Jersey) 2005 which provides a framework for employers.
T h e r ec ent tender process for the school and summer service considered the procedures and terms & conditions in place should the contract be awarded to a new operator as part of the
evaluation process.
R 5 W here the actions of third parties could materially affect an ongoing project, a suitable person from
within the sponsoring Department should be assigned to monitor those activities and report all developments to the person responsible for the overall management of the project.
I n l i n e w ith R1, this is considered to be an integral part of any project management procedure.
R 6 E & PSC should take immediate action to determine whether the £186,000 payment in respect of the
shift allowance and of appropriate sums for any services rationalised as a part of the compensation for the shift allowance subsequent to year 1 can be recovered, either from Connex or from any other person. The Committee should also seek advice on whether they should seek to negotiate appropriate adjustments to the contract price in respect of any on-going reduction in services.
T h e E n vironment and Public Services Committee referred this matter to the Law Officers
Department for advice and their advice is still awaited.
R 7 I t is clear that E&PSC accepted liability for payment of the Shift Allowance for the first year of
operation of the Bus Service Contract without the benefit of considered legal advice. We therefore recommend that no Committee, Minister or Department should accept a liability without taking proper legal advice.
T h is r e c ommendation was accepted and in respect of the recent tender process for the school and
summer service, the Law Officers department were involved throughout.
R 8 D epartments should maintain readily accessible, accurate and validated records of all projects
undertaken, and management should foster a culture of reliance on validated fact rather than received wisdom.
T h e p r e vious Environment and Public services Committee agreed that relevant records should be
maintained of all projects and it considered that the department already complied with the recommendation.
R 9 S e nior management within each Department of the States should ensure, so far as possible, that all
relevant information is available to Committee Presidents or Ministers when Answers to Questions from States Members are being prepared.
T h e E n vironment and Public Services Committee expressed doubts regarding the basis for this
recommendation.
I a m s atisfied that senior managers in the department make available to me the necessary
information when preparing answers to States Members questions.
R 1 0 The Greffier of the States should put in place a procedure to ensure that, in the event of an Inquiry
having to examine the records in his care, no alteration can be made to those records (even in such details as the numbering of pages) without the persons conducting the Inquiry being made aware of the proposed alteration and the reasons for it.
T h is i s a matter for the States Greffe to comment on.
R .11 W henever a sub-committee, steering group or similar subordinate body has been appointed by a
Committee or other superior authority for specific purposes, separate and detailed minutes should be made and preserved of the proceedings of the subordinate body including the bases for its decisions and recommendations.
T h is r e c ommendation was already fully implemented within the department.