Agenda - Scrutiny Liaison Committee - 21 April 2022

Scrutiny Liaison Committee (SLC)

Agenda

Date:  21st April 2022

Time:  10am – 11.45am

Venue:  Le Capelain Room, States Building

The meeting is closed to the public under Standing Order 145(5) of the States of Jersey APOLOGIES

MATTERS FOR NOTING AND CONSIDERATION

1. Records of Meetings

To approve the record of the Committee’s meeting held on 10th March 2022 [p.1]

2. Activity Updates and Work Programmes

1. To note Panel/PAC and Review Panel Activity Reports [p.3]
2. To note Scrutiny Panel and PAC Work Programmes [p.14]
3. Scrutiny of Covid-19 related matters (Standing Item)

3. PPC Update

To receive an update report on the work of PPC [p.22]

4. Meeting with the Chief Executive Officer, Government of Jersey

To welcome the Chief Executive Officer, Government of Jersey, Suzanne Wylie to the meeting to discuss matters relating to engagement between Scrutiny and Government (10:00am)

5. Legacy Report

To note the Committee’s draft Legacy Report and consider areas to be amended or added [To follow]

6. Guidance on Scrutiny/Ministerial activity during Election Period

To discuss the extent of permitted activity during the Election Period [p.26]

7. Revised Codes of Practice

To note the forthcoming debate of P.50/2022 which takes place during the States Meeting commencing on the 25th April 2022 [p.34]

statesassembly.gov.je

Scrutiny Liaison Committee

Record of Meeting

Date:  10th March 2022

 

Present	Senator Kristina Moore (President) Deputy Mary Le Hegarat (Vice-President) (in part) Connétable Mike Jackson Deputy Inna Gardiner Deputy David Johnson
Apologies	Deputy Rob Ward
Absent
In attendance	Tim Oldham (Assistant Greffier: Committees and Panels) Kaya Camara (Research and Project Officer)

 

Agenda matter	Action
1.  Records of meetings The Committee approved the records of its meetings held on 11th, 13th and 28th January, and 4th and 22nd February 2022.
2.  Activity Updates and Work Programmes The Committee discussed the activity reports and work programmes for the Scrutiny Panels, PAC and all current Review Panels. The Committee noted that workloads remained high, and that there remained the ongoing challenge of the lodging of significant pieces of legislation by Government, despite the forthcoming election and various associated deadlines that restricted the ability for Panels to undertake thorough scrutiny. It was further noted that all Panels and the PAC were intending to present Legacy reports in advance of the deadline of 10th May.
3.  Scrutiny of Covid-19 related matters The Committee noted that the Independent Covid Review Panel; commissioned to review the Island’s response to the Covid-19 pandemic, would be present in Jersey on 1st April and 1st of May 2022. The Committee requested that a formal meeting was arranged with the Panel in order to have the opportunity to contribute to the enquiry from a Scrutiny perspective, given the volume of legislation and various other matters that it had worked on since the beginning of the pandemic.	TO/KC
4.  Engaging Children and Young People The Committee agreed that the working group would be disbanded for the current term due to time restrictions, a decision which had been informed by conversations with the lead member of the working group Deputy Louise Doublet . The Committee agreed that the group should be informed accordingly, and that it would continue to liaise with Deputy Doublet in order that she could fully contribute to the relevant sections of Committee’s Legacy report.	TO/KC
5.  Privileges and Procedures Committee (PPC) The Committee noted the report from PPC providing an update on its recent activity.   The Committee discussed, in particular, potential impacts in respect of post-election appointments to Ministerial, Scrutiny Chair and Panel/Committee roles should there be an increase in the number of States Members affiliated with political parties. The	TO/KC

10.03.2022

 

Committee agreed that the matter might be referenced in its Legacy report, as it may be of interest and help to its successors should the outcome of the election provide merit in this topic being followed up.
6.  Revised Code of Practice for Engagement between ‘Scrutiny Panels and the PAC’ and ‘The Executive’ The Committee welcomed Senator Tracey Vallois to the meeting to discuss her intention to lodge an amendment to the Code of Practice for Engagement between ‘Scrutiny Panels and the PAC’ and ‘the Executive’. Senator Vallois explained that her intention was to add further clarity to the proposition, by including, amongst other ideas: • specific reference to obligations in respect of a recommendations tracker • provision to the Committee by the Council of Ministers of a priority list of legislation and policy matters at the beginning of each year • defined actions that PPC should take in the event of breaches of the Code The Committee thanked Senator Vallois for her contributions to the Code as well as her openness, and it was noted that she would proceed to lodge a formally drafted version of her amendments shortly.
7.  All Scrutiny Member Away Day The Committee discussed the Away Day that had taken place on 7th March 2022. It noted that a report would be received from the external facilitator, which would assist the Committee to include practical ideas to complement more strategic objectives that had been identified for its Legacy report. The Committee reflected on the many merits of the Away Day and agreed that holding similar events at the start, middle and end stages of the term would be of value to the next membership of the scrutiny function. It recalled that similar plans to hold mid and end stage Away Days in the present term had, regrettably, been compromised by the Covid-19 pandemic.	TO/KC
8.  Competent Authority Ministers Minutes The Committee approved a letter to be sent to the Chief Minister regarding the release of Competent Authority Ministers minutes. It was agreed that the letter should be sent to the Chief Minister that day, and be published on the Committee’s page on the States Assembly website.
9.  New Government Chief Executive Officer (CEO) The Committee agreed that it would invite Suzanne Wylie, CEO of the Government of Jersey, to its next scheduled meeting on 7th April 2022. The Committee intended to share its draft Legacy report with the CEO, in order to provide her with early sight of its reflections on the current term and suggestions for the next term, about which it would welcome her initial feedback.	TO/KC
10. Future Meeting The Committee noted that its next formal meeting was scheduled to take place on 7th April 2022 at 10:00am to 11:45am in the Le Capelain Room, States Building.

10.03.2022

Scrutiny Panel’s Report for Scrutiny Liaison Committee Panel name:  Economic and International Affairs

Date:  21.04.2022

 

Ongoing reviews - updates (progress, successes, challenges)	Seasonal Workers and the Rural Economy The Panel presented its report on 12th April 2022.
Planned reviews	The Panel has no reviews underway due to the end of this term of Parliament however, the following items will form part of its legacy report where the Panel believes further work should be undertaken by the incoming EIA Panel. Jersey Aircraft Registry (JAR) Jersey Gambling Commission (JGC) Technology Accelerator Fund MoU’s for States Arm’s Length Bodies Jersey Sport – Partnership Directorships Jersey Sports Strategy – Inspiring Active Places Medicinal Cannabis Island Identity The Rural Economy Arts and Culture with focus on the Jersey Opera House Financial Services Legislation and MoneyVal The Panel has agreed to undertake 3 comments papers on various pieces of financial services legislation which are due to be debated at the final States sitting namely: P.51/2020 - Draft Proceeds of Crime (Amendment No. 7) (Jersey) Law 202- P.53/2022  -  Draft  Sanctions  and  Asset-Freezing (Amendment No. 2) (Jersey) Law 202- P.56/2022 - Draft Non-Profit Organisations (Miscellaneous Amendments) (Jersey) Law 202-
Matters considered for review and rejected (with reasons)	None to report
Media coverage/Public Engagement	Since previous meeting: The Panel has used social media to promote presentation of its report on the Seasonal Workers and the Rural Economy. The Panel will continue to use the comms team to promote its final public hearings and any further updates regarding its work. Planned:  Possible  promotion  of  upcoming  comments  papers  and Legacy Report. Ongoing liaison with comms team.

Conflicts of interest by Chair and/or Members	None to report
Ministerial Responses (with Panel’s reactions)	The Panel has yet to receive its Ministerial Response for its review into Medicinal Cannabis. It was due on 22nd February and the Panel has informed the Panel it has been delayed whilst it is discussed with the Law Officers Department for further acceptance of recommendations.
Consideration of overarching scrutiny matters for referral to Scrutiny Liaison Committee	Technology Accelerator Fund Both the CSSP and the EIA Panel have written letters to the Chief Minister (CSSP) and the Minister for EDTSC (EIA) expressing their concerns on the last minute lodging of the proposition for the fund without any timeframe for scrutiny.

Panel name:  Health and Social Security Date:  21.04.2022

 

Ongoing reviews - updates (progress, successes, challenges)	Follow up review into Mental Health Services The Panel launched its follow up review of mental health services on 1st February 2022. The Panel has co-opted Senator Pallet for this review. The Panel has undertaken visits to Orchard House, Rosewood House, Clinique Pinel and La Chasse on Tuesday 22nd February 2022 and CAMHS Offices on Thursday 24th February 2022. The panel revisited Clinique Pinel with the Minister for Infrastructure on 4th April 2022. The deadline for stakeholder submissions was 1st March 2022 and a number of responses have been received to date. Several of the responses have requested that their submissions remain confidential. The Panel had a briefing from CAMHS on 11th March and an informal meeting with the Chief of Police on 28th March 2022. The Panel held a hearing with the Minister for Children and Education on 25/02/2022 and a hearing with the Minister for Health and Social Services on 28/02/2022. The Panel recently visited H.M. Prison La Moye on 6th April 2022. The Panel’s report is now being finalised for presentation on 22nd April 2022.
Planned reviews	• As previously noted to SLC the Panel intends to ‘tie up’ the work it had done for its ongoing COVID-19 review (i.e. review of any legislation / policy that is brought forward that falls under the Panel’s remit) as part of its legacy report.   Briefings • The  joint  (with  SLC)  public  health  briefings  have  now concluded, the last briefing was held on 21st March 2022. • The Panel received a briefing from CAMHS in relation to the Children and Young People's Emotional Wellbeing and Mental Health Strategy on 11th March 2022. • The Panel is due to receive a member of the public to discuss COVID-19 treatment at the General Hospital, via Teams on 13th April 2022.
Matters considered for review and rejected (with reasons)	No other matters have recently been considered and rejected for review by the Panel.

 

Media coverage/Public Engagement	Since previous meeting:   • None to report since last update. Planned: • Planned promotion of the Quarterly Hearing with the Minister for Social Security on 21st April 2022. • There will be media to promote the Follow up Mental Health Review on its publication in April. Ongoing liaison with comms team.
Conflicts of interest by Chair and/or Members	Monitoring any conflict that may arise from the former Ministerial position for Senator Mézec and Assistant Ministerial position for Senator Pallet in connection with the work on the follow up Mental Health review – but none to report to date.
Ministerial Responses (with Panel’s reactions)	None to report since last update.
Consideration of overarching scrutiny matters for referral to Scrutiny Liaison Committee	None to report since last update.

Panel name:  Review Panels (excluding: Brexit, Coronavirus and Care of

Children in Jersey)

Date:  07.04.2022

 

Ongoing reviews - updates (progress, successes, challenges)	• Future Hospital Review Panel: The Panel has sent a letter to the Minister for Environment seeking clarity on the timing of his decision on the Our Hospital planning application. The decision will necessarily follow receipt of the Independent Inspector’s report which is due by 13th May. The election period (purdah) begins on 11th May. The Panel has requested an updated timeline for the Our Hospital Project. It is recognised that much of the progress will be dependent on the success or otherwise of the planning application. Officers will draft a legacy report for the Panel’s review. • Gender Pay Gap Review Panel: The Panel presented its report on 13 April and the Ministerial Response is due on 4th May. • Migration  and  Population  Review  Panel:  Officers  will prepare a legacy report for the Panel’s review.
Planned reviews	None
Media coverage/Public Engagement	Since previous meeting: None
Conflicts of interest by Chair and/or Members	None
Ministerial Responses (with Panel’s reactions)	None
Consideration of overarching scrutiny matters for referral to Scrutiny Liaison Committee	The Migration and Population Review Panel has requested that the Scrutiny Liaison Committee recommend that, following the election, the  newly  appointed  SLC  should  re-establish  the  Migration  and Population Review Panel. The recommendation is based on the need for  continued  focused  scrutiny  of  the  secondary  legislation  and regulations associated with the Control of Housing and Work Law and of the first population policy to be brought forward by the new Council of Ministers.

Panel name:  Children, Education and Home Affairs Panel Date:  21.04.2022

 

Ongoing reviews - updates (progress, successes, challenges)	• Covid-19 Response: Impact on Children and Young People – the  Panel  presented  its  report  on  5th  April  2022  –  the Ministerial Response is due back on 6th May. • Draft Domestic Abuse (Jersey) Law 202- – the Panel received a further briefing on 4th April and noted significant changes to the legislation from the version it was previously consulted on. Although it is supportive of the principles of the legislation, the Panel is due to present comments raising concern about the limited  time  it  has  had  to  fully  scrutinise  the  legislation, especially in light of the significant changes. • Regulation of Care Regulations – the Panel has received a briefing on the proposed regulations and is broadly supportive of them. It intends to produce comments outlining the areas discussed for the final sitting. It has again raised concern about the limited time it has had to undertake scrutiny of the proposals. • Draft Unlawful Public Entertainments (Jersey) Regulations 202- the Panel has received responses to questions raised and intends to produce comments ahead of the debate on 25th April 2022.
Planned reviews	The Panel is currently working on or has interest in the following matters: • Higher Education Order – the Panel is aware that the Minister is due to bring forward changes to the Higher Education grant scheme  via  Order  in  the  coming  weeks.  The  Panel  has requested further information and is considering any further actions as a result. • Legacy Report – the Panel has discussed areas for inclusion in its legacy report with a view to presenting this following the final States sitting.
Matters considered for review and rejected (with reasons)	None since last activity report
Media coverage/Public Engagement	Since previous meeting: Coverage of the Panel’s Covid-19 report within local media. The Panel promoted this via social media as well and has had a positive response to the report. Planned: The Panel will have to consider whether it wishes to put out  any  communications  in  respect  of  the  comments  it  will  be presenting prior to the final States sitting.
Conflicts of interest by Chair and/or Members	None since last update

 

Ministerial Responses (with Panel’s reactions)	None since last update
Consideration of overarching scrutiny matters for referral to Scrutiny Liaison Committee	None since last update

Panel name:  Corporate Services Scrutiny Panel Date:  13.04.2022

 

Ongoing reviews - updates (progress, successes, challenges)	COVID-19 Response and Recovery • The Panel continues to receive updates from the Minister for Treasury and Resources reporting any allocations related to COVID-19. A breakdown of spend has been requested. • Panel  investigation  into  repayment  terms  of  Co-Funded Payroll Scheme underway – 50 written submission received. The Panel is forming a report to highlight scrutiny undertaken. Draft Probate (Amendment) (Jersey) Law 202- [P.42/2022] • A Comments Paper has been drafted and is being considered by the Panel.   Draft Official Analyst (Jersey) Law 202- [P.41/2022] • The Panel has lodged amendments to the proposition and is meeting the Assistant Chief Minister on 19 April 2022 to discuss his response. • The Panel has lodged a Comments Paper. Technology Accelerator Fund [P.75/2022] • Legislation lodged for debate 25.04.2022. • The Panel wrote to the Chief Minister requesting that he withdraw  the  proposition,  no  formal  response  has  been received although it has been indicated that this request has been refused (during Quarterly Hearing 12.04.2022).
Matters considered for review and rejected (with reasons)	P.58/2022 [Amendment to Standing Orders - Land Transactions  Panel considered amendments to include ensure that no report  for  a  land  transaction  would  be  presented  by  the Minister for Infrastructure whilst the States are in recess. This would require a proposition in its own right and as such has not been progressed
Planned reviews/under consideration	None
Media coverage/Public Engagement	Since previous meeting  Main points from the Panel’s Quarterly Hearing with Chief Minister.
Conflicts of interest by Chair and/or Members	None
Ministerial Responses (with Panel’s reactions)
Consideration of overarching scrutiny matters for referral to

 

Scrutiny Liaison Committee

Panel name:  Environment, Housing and Infrastructure Date: 21.04.2022

 

Ongoing reviews - updates (progress, successes, challenges)

Draft Carbon Neutral Roadmap • The Panel has now agreed the main body of the draft report, which is now undergoing fact checking. Key findings and recommendations  are  due  to  be  agreed  at  the  Panel’s meeting on 19th April. • Presentation of the report is anticipated for Thursday 21st April. • The  Panel  has  also  lodged  a  proposed  amendment to P.74/2022 to make provision for an independent, expert scientific council to strengthen governance and oversight of the roadmap moving forward and as has been evidenced as best practice in several other jurisdictions. Draft Planning and Building (Amendment No. 8) (Jersey) Law 202-. [P.76/2021] • A draft comments paper is in the process of being drafted which provides high level analysis of the evidence gathered to date. The Panel is due to consider and approve this at its meeting on 19th April. • It is anticipated that presentation of the comments paper will be 20th April. Draft  Sea  Fisheries  and  Aquatic  Resources  (Portelet  Bay) (Jersey) Regulations 202- [P.29/2022] • P.29/2022 was referred for Scrutiny at the States’ debate on 31st March 2022. • The  Panel  has  since  investigated  the  possibility  of  an amendment to the draft Law, however, having met with Ministers,  Officers  and  the  Law  Drafter,  has  decided  to present a Comments paper instead. • The Panel is due to consider a draft comments paper at its meeting on 19th April. • It is anticipated that presentation of the comments paper will be 20th April, ahead of the revised debate date of 25th April. Legacy Report • The Panel’s 2018-22 Legacy Report is in the process of being prepared with a view to the Panel considering a draft at its meeting on 3rd May 2022. • Presentation of the report is expected to be early May.

 

Matters considered for review and rejected (with reasons)	None.
Planned reviews	The Panel is monitoring the situation with the fishing vessel licensing regime [P.171/2020] and is gathering evidence and information on licensing conditions. It is unlikely this will lead to a formal review, however, the Panel may wish to request a final update on the current situation from the Minister in order that an update by letter may be published on the States Assembly website prior to the election period. The Panel is due to discuss this at its meeting on 19th April.
Media coverage/Public Engagement
	‘Calls to create Jersey ‘net zero’ watchdog’ – Bailiwick Express news article on the Panel’s proposed amendment to the Carbon Neutral Roadmap.
Conflicts of interest by Chairmen and/or Members	None.
Ministerial Responses (with Panel’s reactions)	None.
Consideration of overarching scrutiny matters for referral to the Scrutiny Liaison Committee	None.

2021/22 Work Programme – Economic and International Affairs Scrutiny Panel

Review Topic  Nov  Dec  Jan  Feb  Mar  Apr  May  Comments

Seasonal Workers  Launch  Evidence  Present

and the Rural  Review  Gathering  Report  Report presented on 12th April 2022.

Economy

Quarterly Hearings  QH

- MERFS 10.12.21  18/02/22QH

Quarterly Hearings  QH

QH  08.04.11  The Panel has finalised dates for its quarterly

- MEDTSC 10.11.21 hearings for 2022.

Quarterly Hearings  QH

  13.04.22

- MID

*Planned/Potential Reviews/Comments - Economic and International Affairs Panel

The Panel has no reviews underway due to the end of this term of Parliament however, the following items will form part of its legacy report where the Panel believes further work should be undertaken by the incoming EIA Panel.

• Jersey Aircraft Registry (JAR)
• Jersey Gambling Commission (JGC)
• Technology Accelerator Fund
• MoU’s for States Arm’s Length Bodies
• Jersey Sport – Partnership Directorships
• Jersey Sports Strategy – Inspiring Active Places
• Medicinal Cannabis
• Island Identity
• The Rural Economy
• Arts and Culture with focus on the Jersey Opera House
• Financial Services Legislation and MoneyVal

Areas of interest:  See above

 NB: Further reviews will be added to the timeline as the Panel agrees to take them forward.

 

2022 Work Programme – Health and Social Security Panel Work Programme
Review Topic	April	May	Comments
Mental Health Services (Follow-up Review)			The launched this follow up review on 1st February 2022. The current intention is to present the final report (circa) 22nd April 2022.
Coronavirus Review			On-going review. Reviews any legislation / policy that is brought forward that falls under the Panel’s remit.
Jersey Care Model			The Panel will be reviewing progress of the implementation of the JCM on a quarterly basis.
Legacy Report			The Panel will produce a legacy report. Aim to present on 5th / 6th May 2022.
Quarterly  Hearings  - HCS			The Panel undertook its final Quarterly Hearing with the Minister for Health and Social Services on 6th April 2022.
Quarterly Hearings - SS			The Panel’s next Quarterly Hearing with the Minister for Social Security is on 21st April 2022 at 3 pm.

*Planned/Potential Reviews/Comments - Health and Social Services Panel: 2022

• The Panel will be concentrating on its Follow up review of Mental Health Services in 2022.

• The Panel’s Legacy Report will be drafted at the end of April / early May. The Panel will aim for approval / presentation on 5th / 6th May 2022.

Areas of interest:

May 2022  June 2022 April 2022

PAC SUSPENDED FROM  ELECTION (22nd)

11TH

Performance  Receive Executive

Response (19th)

COVID Response (including

Procurement and Financial  Present Report  Receive Executive

Management  Response (6th)

Legacy Report (including PAC

Write and present Performance)

report

Treasurer of the Public Hearings with Directors-

States and DG IHE Generals/private briefings

(7th) 2-4:00pm

Response to Citizens’ Panels ER

Comments Papers  States Annual Report and Accounts

2021

Meetings  Thursday 7th  Tuesday 3rd  2022 Election (CEO Quarterly Hearings in Red)

12pm – 5pm  States Week (25th)  2022 Election  2022 Election

C&AG

17

2022 Work Programme – Children, Education and Home Affairs Panel

 

In Progress Reviews and Hearings NB: accurate as of 13th April 2022
Review Topic	Apr	May		Comments
Domestic Abuse Legislation				The Panel intends to produce comments on the draft Law ahead of the debate on 25th April 2022
Regulation of Care Regulations				The Panel intends to produce comments on the draft Regulations ahead of the debate on 25th April 2022
Unlawful Public Entertainment				The Panel intends to produce comments on the draft Regulations ahead of the debate on 25th April 2022
Higher Education Grants Scheme				The Minister for Children and Education is due to make an Order to increase the maintenance grant for Higher Education by 2.9%. The Panel is keeping a watching briefing on the Order and has written to the Minister for further details.
Legacy Report				The Panel will seek to present its legacy report at the start of May 2022

 NB: Further reviews will be added to the timeline as the Panel agrees to take them forward

 

Planned / Proposed Reviews / Upcoming Legislation and Policy NB: Please note timings are indicative at this stage and may be subject to change
Review Topic	Feb	Mar	Apr	May	Jun	Comments
Same Sex Parental Responsibility	TBC					The Assembly agreed that this legislation should be brought forward for debate prior to the election, however, there has not been a further update and the final lodging date of 10th March has been missed.

April – May 2022 Work Programme – Corporate Services Scrutiny Panel

 

Apr	May	Comments
		Panel produced Interim Report in 2021 focussed on decision making & communication/provided relevant review in Government Plan 21-24 & Government Plan 22-25/Reviewing Fiscal Stimulus Fund & Co-Funded Payroll Scheme. Panel is producing a report to detail its scrutiny work concerning the Co-Funded Payroll Scheme.
		Legislation lodged for debate 25.04.2022. The Panel has drafted a comments paper and is considering this at its Panel meeting of the 19th April 2022.
		Legislation lodged for debate 25.04.2022. The Panel has drafted a comments paper and is considering this at its Panel meeting of the 19th April 2022.
		Legislation lodged for debate 25.04.2022. The Panel have lodged a Comments Paper will be formed to outline the Panel’s views. The Panel has also lodged an Amendment to the Proposition in relation to notification to the assembly of the Official Analysts qualifications. Independent evaluation of dismissal procedures, clarification of funding of the Official Analyst and publication of charges imposed by the Official Analyst.
		Legislation lodged for debate 25.04.2022. The Panel have lodged a Comments Paper will be formed to outline the Panel’s views. The Panel has also lodged an Amendment to the Proposition in relation to notification to the assembly of the Official Analysts qualifications. Independent evaluation of dismissal procedures, clarification of funding of the Official Analyst and publication of charges imposed by the Official Analyst.
		Legislation lodged for debated 25.04.2022. The Panel lodged an Amendment to the Fund during its last government plan review. There is concern that no scrutiny has been carried out, a request for the Chief Minister to withdraw the proposition has been made however it has been indicated that this will not take place.
		Legislation lodged for debated 25.04.2022. The Panel lodged an Amendment to the Fund during its last government plan review. There is concern that no scrutiny has been carried out, a request for the Chief Minister to withdraw the proposition has been made however it has been indicated that this will not take place.
			Draft to be with Panel – 19th April 2022

Review Topic

C-19 Response and Recovery

Draft Probate (Amendment) (Jersey) Law 202- [P.42/2022]

Draft Official Analyst (Jersey) Law 202- [P.41/2022]

Technology Accelerator Fund [P.75/2022]

Non-Review Work Legacy Report

Final Work Programme 2022 – Environment, Housing and Infrastructure

 

Review Topic	Jan		Feb	Mar	Apr	Comments
Draft Carbon Neutral Roadmap					Report	In progress review Start Date: Jan 22 Envisaged End Date: Apr 22 Output: S.R. report / amendment
P.29/2022 – Draft Sea Fisheries and Aquatic Resources (Portelet Bay) (Jersey) Regulations 202-					Com Paper	In progress review Output: Comments paper
P.76/2021 – Draft Planning and Building (Amendment No. 8) (Jersey) Law 202-.					Com Paper	In progress review Output: Comments paper
Fishing vessel licensing conditions					Letter?	In progress evidence gathering Envisaged output: Letter published?
Legacy report						Presentation expected early May 22
Quarterly Hearings with the Minister for Environment				8 Mar
Quarterly Hearings with the Minister for Infrastructure			15 Feb
Quarterly Hearings with the Minister for Children and Housing	26 Jan
Possible forthcoming propositions
Minister for Infrastructure		Minister for the Environment					Minister for Housing and Communities

• None expected pre-election.  None expected pre-election.  None expected pre-election.

Committee’s Report for Scrutiny Liaison Committee Committee:   Privileges and Procedures

Date:   21.04.2022

 

Ongoing projects - updates (progress, successes, challenges)	Amendments to Standing Orders • The Committee has lodged several amendments to Standing Orders in relation to Land Transactions, Written Questions, Election Declaration and removal of Senator. These are due to be debated at the last States sitting in April. Dedicated Office Space • The  Committee  has  discussed  this  matter  with  Jersey Property  Holdings.  The  Director  of  Property  Holdings provided  the  Committee  with  a  list  of  potential  sites  to consider for feasibility. This matter is likely to be taken forward by the next PPC. Remuneration Law • In June 2021, the States Assembly approved a new system for setting Members’ remuneration (P.40/2021). In order to put the changes onto a statutory footing, the Committee has lodged  the  States  Members  Remuneration  (Jersey)  Law which is due for debate on 25th April. An all Members briefing on the proposed new Law took place on the 8th April in order to inform Members of the proposition ahead of the debate. Benchmarks for Democratic Legislatures • The Committee’s working group considered the benchmarks in  further  detail  and  finished  the  document.  The benchmarking document was then shared with PPC for its consideration on 11th April. The Committee noted that the document would be updated after the last States sitting. It was anticipated that the Committee would approve the document for publication during the first week of May.
Planned projects
	The Committee is running a number of Sub-Committees including:

 

Sub-Committees

Election Observers: This Sub-Committee was established to  review  and  implement,  where  possible,  the  18 recommendations made within the Election Observer Mission Report with the aim of increasing voter equity and equality and encouraging greater voter turnout in 2022. Update: no new updates Political Awareness Education: This Sub-Committee was established to facilitate closer co-operation between the work of the Committee relating to raising political awareness and engaging with the public about the work of the Assembly. It also engages with other bodies working with young people to encourage an interest in politics, particularly Education and CYPES. Update: no new updates Diversity Forum: The Diversity Forum is working towards the aim of the States Assembly fully reflecting the population of Jersey and representing all of the communities and interests in  the  Island.  It  aims  to  increase  public  engagement  in democratic  processes,  particularly  in  relation  to  under- represented groups. Update: no new updates Democratic  Accountability  and  Governance: The  Sub- Committee is undertaking a review of the accountability of government to the public and the Assembly, with a view to making recommendations for improvement. Update: no new updates

 

Privileges and Procedures Committee
Work Programme 2022
AREA OF WORK	JANUARY	FEBRUARY	MARCH	APRIL	MAY	JUNE
CPA Benchmarks (as updated in 2018)	A small working group will consider the recommended Benchmarks for Democratic Legislatures which were updated in 2018. The working group will assess whether the States Assembly complies, partially complies, or does not comply with the Standards set out in the Benchmarks. The Committee may consider publishing a report once the working group has completed its work.			The Committee will decide whether to publish the report following approval. Recommendations from the report will be included in the Committee’s legacy report.
States Members Remuneration - creation of an independent review panel		In June 2021, the States Assembly approved a new system for setting Members’ remuneration (P.40/2021). The Committee will need to arrange the commission of an independent person or body to review the system during each Assembly term pending approval of P.40/2022 which are the legislative changes required to implement P.40/2021. On the 8th April there was an All Members briefing to inform and prepare Members for the upcoming debate on the 25th April.
PPC Legacy Report				The Committee will draft a legacy report which will contain a number of suggestions for workstreams that the next PPC will consider	The Committee will publish its legacy report.

 

Consideration of ‘How might the Standing Orders of the States of Jersey respond to the formation of political parties?’	The Committee has considered the report and asked for expressions of interest from States Members to sit on a Sub-Committee. As there were no expressions of interest the Committee is likely to suggest the next PPC consider the report in further detail in its legacy report.
Independent Review of Covid-19 (liaise with Council of Ministers)	Following approval of Connétable Jackson ’s amendment to the Government Plan, the Committee will liaise with CoM regarding the independent review of Jersey’s response to Covid-19.
Office space for States Members (Government Plan 2023 - 2026)	The Committee will liaise with Jersey Property Holdings regarding a feasibility study on a number of appropriate sites.		List of potential sites was expected to be received at the beginning of March.	The Committee will add office space for States Members to its legacy report as some matters will need to be considered further by the next PPC.

19-21 Broad Street | St Helier Jersey | JE2 4WE

Senator Kristina Moore

President, Scrutiny Liaison Committee

BY EMAIL

31 March 2022 Dear President,

As you will know, during the election period government activity is limited for the sake of an impartial election, in line with the Codes of Conduct and Practice for Ministers and Assistant Ministers (gov.je)) (“the Code”) (relevant paragraph below):

“During an election period (normally being between the nomination meetings and the election of the last Minister into office), Ministers retain executive responsibilities, and the essential business of government must be carried on. However, they should observe discretion in initiating any new action of a continuing or long-term character; and decisions on matters of policy on which a new Council or Minister might be expected to want the opportunity to take a different view should be postponed where possible, provided that such postponement  would  not  be  detrimental  to the  Island’s  best  interests  or  wasteful  of resources. Furthermore, Ministers should apply sensible restrictions on the publicity they issue in connection with their role as a Minister during this period. This all applies to Assistant Ministers in so far as the areas for which their Minister is responsible.”

In furtherance of this and to support compliance with the Code, a guidance framework has been developed, which I append to this letter.

The guidance has been composed by officials under the auspices of the Chief Executive, has been considered by Council of Ministers, and will be presented by myself as Chair of the Council of Ministers to the Assembly.

It has been developed considering advice from previous elections, the approach taken in other jurisdictions, and is consistent with best practise. This includes, as you would expect, curtailing government decisions and communications during the election period; and civil servants being able to provide factual information impartially to election candidates on request (and building on past practises, this impartial and confidential provision can continue after election day to support prospective candidates for Chief Ministerial and Ministerial office).

It is not intended to prescriptively deal with every eventuality, but I do believe it provides a good foundation and support, and ultimately, as Ministers and Assistant Ministers we remain bound by the Code, which includes reference to the Commission for Standards for any complaints, including in relation to our conduct during elections.

As to our employees, the Chief Executive has been clear with me that scrupulous attention will be paid by the public service to the provisions of the guidance, avoiding impinging on the impartiality of the election process.

It is my intention to publish this guidance early next week. I hope it is a welcome contribution and due reassurance.

Yours sincerely,

Senator John Le Fondré Chief Minister

Guidance on Government activity during the election period  

1. During an election period, government should conduct itself differently for the sake of an impartial election.
2. In Jersey, this period refers to the time between the nominations and the election of the last Minister into office, which is when the new Council of Ministers is formally established. From Wednesday, 11 May 2022 (nominations opening) to 12 July 2022 (election of Council of Ministers) inclusive.

Ministerial Responsibilities  

3. The  Codes of Conduct and Practice for Ministers and Assistant Ministers (gov.je)) (“Ministerial Code”) provides guidance for the responsibilities retained by Ministers and Assistant Ministers during the election period:

During an election period (normally being between the nomination meetings and the election of the last Minister into office), Ministers retain executive responsibilities, and the essential business of government must be carried on. However, they should observe discretion in initiating any new action of a continuing or long-term character; and decisions on matters of policy on which a new Council or Minister might be expected to want the opportunity to take a different view should be postponed where possible, provided that such postponement would not be detrimental to the Island’s best interests or wasteful of resources. Furthermore, Ministers should apply sensible restrictions on the publicity they issue in connection with their role as a Minister during this period. This all applies to Assistant Ministers in so far as the areas for which their Minister is responsible.

4. This allows for government business to continue and recognises that the Council of Ministers and Ministers retain executive responsibilities, and the essential business of government must be carried on during this period.
5. In this context, consideration should be given to the impact of any delays to decisions or actions relating to government business, including whether it is detrimental to the Island’s interests or wasteful of public money.
6. In addition, consideration should be given to existing decisions of the Assembly where an outgoing government may be expected to seek to implement those decisions, where doing so during the election period is necessary.

7. At the same time, the accountability of Ministers to the Assembly, and the normal democratic mechanisms of checks and balances, are largely in abeyance during an election period; and the actions and decisions of government can influence elections. As such, notwithstanding the need to maintain services and in accordance with this guidance, decisions where democratic accountability would normally be expected to apply, including organisational changes, usually with reference to whether a Ministerial Decision would be required, or which are likely to be a political issue during the general election campaign, should be avoided. This is the case unless points 5 and/ or 6 above apply.
8. Similarly, Ministers, Assistant Ministers, and civil servants should take care to ensure that government resources are not, or even appear to an observer to be, used for political ends in this period of heightened political sensitivity. This applies to all Minsters and Assistant Ministers whether or not they are seeking re-election.

Communications

9. The general principle governing communication activities during a General Election is to do everything possible to avoid competition with candidates for the attention of the public.
10. Special care must be taken during an election since material produced with complete impartiality, which would be accepted as objective in ordinary times, may generate criticism during an election period.
11. Government officials may provide factual explanations of current government policy, statements, and decisions to the media during the election period, but they must be particularly careful not to become involved in election issues in a way that could be considered partisan.
12. Civil servants must not assist Ministers and Assistant Ministers in the use of their personal or political social media profiles or of any candidate page or party website and must not provide advice or guidance in the use, development, or enhancement of these platforms.
13. Ministerial quotes in press releases or statements should typically be avoided and press releases and other material normally sent to States Members should cease during the election period.
14. Publicity should not deal with controversial issues or report views, proposals, or recommendations in a way that identifies them with individual Ministers. Official exhibitions on a contentious policy or proposal should be closed during the election period.

15. Advertising campaigns should be postponed or closed. This allows for the media cycle to focus on the election and stops the Government artificially increasing the price of advertising space.
16. Officer communications shouldn’t replace ministerial communications during this period, but it may be appropriate for officers who would normally be expected to speak publicly to do so, as necessary.
17. Statistical publication schedules will continue, and the Chief Statistician may still choose to release and comment upon official statistics during this period. In addition, the existing daily and weekly releases related to the pandemic will continue.
18. The Freedom of Information (2011) Law continues to apply, and responses will be provided as normal during the election period.
19. Ministers seeking re-election are not permitted to use government platforms or resources for personal or party-political gains, and in any case, every effort should be taken to avoid, media interviews or press conferences.
20. In considering the above, in the cases of an emergency, or where there is a genuine need for a Minister-level response to an important event outside the department’s control, it may nevertheless be necessary for Members holding key Ministerial positions to comment. For example, in urgent response to the continuing management of the pandemic, a threat to public safety or our economic interests, or international attention. Such events should be dealt with cautiously and, on a case-by-case basis.

Use of Public Resource

21. Article 22 of the Code of Practice for Engagement between ‘Scrutiny Panels and the Public Accounts Committee’ and ‘the Executive’ (gov.je)is always applicable during the life of a government, but is of particular significance during an election period:

‘Ministers and Assistant Ministers must only use information obtained in the course of their ministerial responsibilities, and the resources available to them from Departments, including staff, for the purposes of discharging their ministerial responsibilities, and in accordance with relevant statutes, and not for any other reason, including other public offices, and in so far as practical and appropriate seek to return all information and devices obtained in the course of their ministerial office on ceasing to hold that office’.

22. This prohibits Ministers from using civil service time, including Departmental staff, communications staff, or the Ministerial office, or any Departmental resources, materials, or information, obtained in the course of their Ministerial duties, for personal or political gain, including re-election.

23. In addition, public assets and facilities should not be used for political campaigning, whether by the candidate or their campaign, or other related use that could reasonably be supporting a candidate or candidates, whether paid or otherwise. Exceptions may be made in the interests of promoting voter participation in an even-handed manner, for example, use of a meeting room or Parish Hall to host a hustings for all candidates.

Discussion with election candidates

24. Civil Servants should provide information to a reasonable extent to any candidate or prospective candidate, who approaches them, on the same basis as they would provide information to a member of the public, to help the candidate or prospective candidate adopt an informed position. This extends to individuals acting on behalf of candidates.
25. It is important that this provision of information, when requested, should be undertaken in a timely and courteous manner without political bias. Answers provided to an inquiry from any one candidate should also be provided, if requested, to other candidates.
26. The above applies to equally to incumbent Ministers and Members, and prospective candidates; and for the whole of the election period, i.e., from nominations opening to the election of the final Minister. The civil service will seek during this period to be particularly mindful to avoid providing political advantage.
27. Where a candidate’s request is a Freedom of Information (FoI) request it should be handled in accordance with the Freedom of Information Law 2011. The Law requires public authorities to respond to requests promptly and in any event not later than 20 working days following the day on which it received the request.

Activities in advance of the election period

28. The Code of Practice for Engagement between ‘Scrutiny Panels and the Public Accounts Committee’ and ‘the Executive’ (gov.je) (“Engagement Code”) contains provisions that limit activity in the last 6 months of a Council of Ministers term of office, as follows:

“The Chief Minister, Ministers and the Council of Ministers will use best endeavours to try to ensure that all Propositions on major policies and legislation are lodged ‘au Greffe’ at least 6 months before the date of the next elections so that sufficient time is factored in for Scrutiny purposes”

29. As the election period gets closer, government should be mindful that its term of office is close to expiry, so while Ministers should aim to complete their programme of work before the election period, they should also place an extra onus on the use of communications resource and decisions as elections come closer, as inevitably, actions closer to the election will be perceived as more political. In this sense, Ministers should seek to deliver and explain their work in the usual way, without doing so in a manner that suggests communications resource is being used to provide undue electoral advantage.

30. Civil Servants should be permitted by the outgoing government to prepare for an incoming government, including preparing an induction programme, in the run up and during the election period, doing so impartially and avoiding any impact on the political process.
31. Care should also be taken in initiating significant constitutional changes, which would, by convention, not normally be undertaken by an outgoing government.

Employees conduct during an election period

32. The Employment of the States of Jersey Employees (Law) 2005 sets out the responsibilities and conduct required of employees of the States Employment Board and their conduct and engagement in political activities.
33. Politically eligible employees may participate in political matters. However, they may not do so if the manner in which they conduct their engagement is:

• Commenting on existing States policies in an immoderate manner

• Engaging in personal attacks on members of the States; or

• Used for political purposes information that the person was only able to obtain because they are a States employee.

States Employment Board

34. The States Employment Board continues to be the employer throughout the election period. However, they are bound by the rules that relate to elections in the same way as the Council of Ministers and individual Ministers.

Arms-Length Bodies

35. Arms-length Bodies are established for several reasons, as investments, promotional bodies, regulators, delivery-arms, and otherwise as appropriate and permitted. While these bodies are not bound by this guidance in the same way as government, they are part of the wider delivery of public policy and good governance in Jersey and should be mindful of the principles in this guidance and seek to avoid a perception that they are engaged in the election on behalf of government.

Advice and Compliance  

36. Any advice on this guidance should be sought from the Ministerial Office, who will liaise with the States Greffe as appropriate.

37. While this guidance is not part of the Ministerial Code, it provides additional guidance on the application of the Ministerial Code as outlined in paragraph 3 above, and in that sense, code compliance procedures may be applicable, including reference to the Commissioner for Standards.

Appendices

Appendix 1 – key dates during the election period

 

Date	Event
Wednesday 11 May – Friday 13 May	Nominations open for candidates Period of sensitivity begins
Wednesday 18 May	Nominations announced
Wednesday 22 June	Election Day
Monday 27 June	Successful candidates are sworn in
Thursday 30 June	Nominations close for Chief Minister
Tuesday 5 July	States Assembly election for the Chief Minister take place
Monday 11 - Tuesday 12 July	Ministerial nominations tabled by the Chief Minister designate and elections for Ministers and Scrutiny Chairs Period of sensitivity ends
Tuesday 19 – Thursday 21 July	States Assembly election for Members of Scrutiny Panels and Committees take place

STATES OF JERSEY

REVISED CODE OF PRACTICE FOR ENGAGEMENT BETWEEN ‘SCRUTINY PANELS AND THE PUBLIC ACCOUNTS COMMITTEE’ AND ‘THE EXECUTIVE’

Lodged au Greffe on 9th March 2022 by the Scrutiny Liaison Committee Earliest date for debate: 25th April 2022

STATES GREFFE

2022  P.50

PROPOSITION

THE STATES are asked to decide whether they are of opinion −

to approve the revised Code of Practice for Engagement between ‘Scrutiny Panels and the Public Accounts Committee’ and ‘the Executive’ as set out in Appendix 1 to the report accompanying this proposition.

SCRUTINY LIAISON COMMITTEE

REPORT

Introduction:

This proposition relates specifically to proposed updates to The Code of Practice for Engagement Between ‘Scrutiny Panels and the Public Accounts Committee’ and ‘the Executive’ (the ‘Scrutiny/PAC Engagement Code’). The updates identified by the Scrutiny Liaison have been subject to consultation with the Chief Minister and the wider Council of Ministers. The final proposed version of the Scrutiny/PAC Engagement Code is contained in Appendix 1. Appendix 2 is a version of the same Code but with all changed tracked, and is included for ease of reference for Members, or other interested persons, to readily view the differences between the current and proposed versions.

Updates are being made concurrently to the Scrutiny and Public Accounts Committee Proceedings: Code of Practice (the ‘Scrutiny/PAC Proceedings Code’). Revisions to this document do not require the approval of the States Assembly and are therefore not within scope of this Proposition. However, for clarity and completeness, all of the changes  that  will  come  into  effect  upon  formal  presentation  of  the  updated Scrutiny/PAC Proceedings Code to the States are highlighted in Appendix 3 of this report.  

Background:

This Proposition is lodged by the Scrutiny Liaison Committee in accordance with its roles and responsibilities, as established in the extracts below:

Scrutiny/PAC Engagement Code

6. The Scrutiny/PAC Engagement Code is a ‘live’ document which will be kept under review (see 8).

B. Responsibilities

7. The  President  of  the  Chairmen’s  Committee,  in  conjunction  with  the Committee, will oversee the Scrutiny/PAC Engagement Code and the Scrutiny & PAC Proceedings Code of Practice.
8. The  Chief  Minister  and  the  President  of  the  Chairmen’s  Committee,  in conjunction with the Chief Executive of the States and the Head of Scrutiny, will review this Scrutiny/PAC Engagement Code at least once a term (or as required). This process should include consultation with the Chairmen’s Committee and the Council of Ministers.

Standing Orders of the States of Jersey

143 Scrutiny liaison committee: terms of reference

The terms of reference of the scrutiny liaison committee are –

(c) to keep under review the operation of the scrutiny function and, as appropriate, to make recommendations for change;

6. to –

1. prepare and keep under review, in conjunction with the Council of Ministers, a code of practice for engagement, for the purposes of scrutiny, between scrutiny panels and review panels and Ministers and Assistant Ministers,

2. prepare and keep under review, in conjunction with the Council of Ministers, a code of practice for engagement between the PACand Ministers, Assistant Ministers and States’ employees working in an administration of the States for which a Minister is assigned responsibility, and
3. lodge each code of practice for approval by the States;

7. to prepare, keep under review and present to the States –

1. a code of practice for the proceedings of scrutiny panels and review panels (apart from the engagement described in paragraph (f)(i)),

and

2. a code of practice for the proceedings of the PAC (apart from the engagement described in paragraph (f)(ii)).

It might be noted that the adoption of P.56/2018 (Code of Practice for Engagement between ‘Scrutiny Panels and the Public Accounts Committee’ and ‘the Executive’), by the States, resulted in practice in the merging of the various PAC and Scrutiny Panel codes that are indicated above. The rationale for this was explained in the report accompanying the P.56/2018:

As work progressed, there was a growing consensus that favoured reducing the number of proposed Protocols and Codes. As well as simply reducing the inherent confusion  and  inefficiency  in  having 4  similar  codes,  there  is  considerable overlap and procedural similarities between the work of PAC and Scrutiny Panels, albeit that it is recognised that PAC is not strictly a ‘Scrutiny Panel’ as defined in Standing Orders. The decision was taken by the Chairmen’s Committee that in place of the 4 proposed documents there should be 2: a joint Scrutiny/PAC Code of Practice for Engagement with the Executive, and a joint Code of Practice for Scrutiny and PAC Proceedings. Notable differences in PAC process are clearly identified, and there are standalone sections in each Code to cover matters that are relevant only to the PAC.

Key Changes:

The full scope of proposed changes to the Scrutiny/PAC Engagement Code is relayed through Appendices 1 and 2. In summary, however, there are 3 main areas that are addressed:

1. Housekeeping – a number of titles referred to in the existing Code are now redundant,  and  are  therefore  brought  up  to  date  by  the  changes.  Most prominently this includes changing the title of ‘Chairmen’s Committee’ to the current ‘Scrutiny Liaison Committee’, in line with P.72/2019 Draft Amendment (No. 41) of the Standing Orders of the States of Jersey.
2. Access to Council of Ministers Supporting Agenda Papers – the current section ‘F’ is updated to better reflect the practical arrangements that have evolved between the Government and Scrutiny function to exchange information since the Code’s introduction, accelerated by increased digitalisation and the adoption of the Teams platform.
3. Ministerial Decisions – the existing Code is silent on the process by which Ministerial Decisions are made available to Scrutiny. The making of such

Decisions is an integral part of Ministerial responsibilities, and by extension those of the Scrutiny Panels whose role it is to hold Ministers to account for their actions and decisions. Consistent and timely receipt of the associated documentation is important to enable Panels to fulfil this duty. This anomaly is addressed by the insertion of a new section ‘G’.

The Committee would like to thank the Chief Minister and his officers for their input into the updated Code, and, additionally, the wider Council of Ministers for their consideration of the document as part of the required consultation process.

Financial and manpower implications

There  are  no  additional  financial  and  manpower  implications  arising  from  this proposition.

CODE OF PRACTICE FOR ENGAGEMENT BETWEEN

‘SCRUTINY PANELS & THE PUBLIC ACCOUNTS COMMITTEE’ AND

‘THE EXECUTIVE’

[Hereafter known as the ‘Scrutiny/PAC Engagement Code’]

1. Introduction

1. The  States  Assembly  Scrutiny  Panels  and  the  Public  Accounts Committee (PAC) are integral parts of the machinery of government in Jersey.
2. The  Scrutiny/PAC  Engagement  Code  should  be  considered  in conjunction with the Code of Conduct for Elected Members, the Code of Conduct and Practice for Ministers and Assistant Ministers and the Scrutiny & PAC Proceedings Code of Practice.
3. For the purpose of this Code, the ‘Executive’ shall mean Ministers, Assistant Ministers and relevant Officers.
4. Although it carries out a scrutiny role, PAC is not a ‘Scrutiny Panel’ as defined by Standing Orders. It is established under separate Standing Orders with discrete terms of reference. However, its procedural and administrative engagement with the Executive is broadly similar to that of the Scrutiny Panels. Where a provision in this Code applies only to a Scrutiny Panel, the term ‘Panel’ is used. ‘Panel/PAC’ is used where it applies to both, and ‘PAC’ where it applies only to PAC. Standalone paragraphs relevant only to the work of PAC are also contained in section K.
5. For  the  avoidance  of  doubt,  where  reference  is  made  in  this Scrutiny/PAC  Engagement  Code  to  engagement  by  Ministers  and Assistant Ministers, in matters relating to PAC such requirements as contained  should  be  assumed  to  normally  refer  to  Directors General/Accounting Officers, with the exception of paragraph 26.
6. The Scrutiny/PAC Engagement Code is a ‘live’ document which will be kept under review (see 8).

2. Responsibilities

7. The President of the Scrutiny Liaison Committee, in conjunction with the Committee, will oversee the Scrutiny/PAC Engagement Code and the Scrutiny & PAC Proceedings Code of Practice.
8. The  Chief  Minister  and  the  President of  the  Scrutiny  Liaison Committee, in conjunction with the Chief Executive of the States and the Assistant  Greffier  (Committees  and  Panels),  will  review  this Scrutiny/PAC Engagement Code at least once a term (or as required). This  process  should  include  consultation  with  the  Scrutiny  Liaison Committee and the Council of Ministers.
9. Chairs  and  the  President will  ensure  their  respective Panels/Committee, Sub-Panels and Rapporteurs abide by Standing Orders, the Scrutiny/PAC Engagement Code and the Scrutiny & PAC Proceedings Code of Practice.
10. The Scrutiny Liaison Committee will ensure that all Review Panels, which  it  establishes,  abide  by  Standing  Orders,  the  Scrutiny/PAC Engagement  Code  and  the  Scrutiny  &  PAC  Proceedings  Code  of Practice.
11. Ministers and Assistant Ministers engaging with Scrutiny will abide by Standing  Orders,  the  Protocol,  the  Code  of  Conduct  for  Elected Members and the Code of Conduct and Practice for Ministers and Assistant Ministers.
12. The Chief Minister, Ministers and the Council of Ministers will use best endeavours to try to ensure that all Propositions on major policies and legislation are lodged ‘au Greffe’ at least six months before the date of the next elections so that sufficient time is factored in for Scrutiny purposes.
13. The Chief Executive of the Government of Jersey and Head of the Public Service will ensure that the relevant Private Secretary within the Ministerial  Office  will  act  as  Scrutiny  Liaison  Officer  (SLO)  to  the corresponding Panel. For PAC, a suitably senior and authorised officer will be appointed from within the Office of the Chief Executive to act as Liaison Officer. Committee and Panel Officers will conduct all liaison with Departments/Ministries via the SLOs unless otherwise agreed with the Private Secretary.

3. Initial Consultation with Ministers and Relevant Officers

14. Prior to the Panels drawing up a schedule of Reviews, Ministers (or Assistant Ministers as delegated) will, at the request of a Panel, promptly provide a private briefing on the forthcoming work and priorities of their Departments, including target completion dates.

15. Relevant Executive Officers (in accordance with paragraph 13) will liaise with Committee and Panel Officers to provide detailed information on forthcoming work including draft policy papers and legislation.
16. Requests to Departments for initial background information should be acknowledged promptly by relevant Officers to the relevant Committee and Panel Officer, and best endeavours undertaken to provide the information requested within 5 working days. In requesting information, it is helpful for Panels to focus their requests so as to aid a quick response by Departments.

4. Reviews – Process and Access to Information

17. The Executive should allow sufficient time for Reviews to be undertaken. Commonly Reviews, especially but not exclusively those addressing non-legislative matters, will take a minimum of three months to complete. Regular communication about progress on Departmental policies and legislation programmes will assist both parties. Equally, Panels will endeavour  to  undertake  as  much  preparatory work as  possible,  in advance of lodging to help enable debates to proceed without undue delay. This includes outlining to Departments as far in advance as reasonably possible their requirement for information and arranging advisors  as  early  as  practically  possible.  This  approach  is  best supported  by  continuing  dialogue  between  Committee  and  Panel Officers and SLOs and Panels, Panel Chairs, and Ministers.
18. Ministers, Assistant Ministers and relevant Officers will attend on a Panel/PAC if requested to provide an initial briefing (in private if required) on  the  topic  under  consideration.  Briefings  may  be  held  before completion of scoping and terms of reference. Normally, only Officers are expected to attend in the case of PAC.
19. Once a scoping document and terms of reference have been approved by a Panel/PAC and subsequently the Scrutiny Liaison Committee, the relevant Minister(s) (Director General/Accounting Officer in the case of PAC) and Department(s) will be advised of the terms of reference. Panels will give consideration to any feedback received.
20. Panels/PAC can ask for information as the topic requires, and can call Ministers, Assistant Ministers and relevant Officers to further briefings and hearings. Such requests will normally be directed to Officers in the case of PAC.
21. When requested, Departments will provide Panels with a full list of policies and legislation which relate to the topic under review.
22. Requests for information to a Department in relation to an established Review should be acknowledged promptly and the information provided within 5 working days, or, if clarification is needed, a date given by which

the information will be provided, which shall not be greater than 10 working days. In the event that requested information does not exist, or does so but not in the form requested, Panels/PAC will be notified accordingly within 5 working days.

23. The  importance  of  evidence  to  an  effective  scrutiny  process  is recognised  by  all  parties.  Ministers,  Assistant  Ministers,  Director General/Accounting Officers and other applicable Departmental Officers will therefore actively assist Panels/ PAC in the conduct of their work by volunteering  any  additional  material  information  held  by  them,  or otherwise under their control, in respect of a Review topic which may not have been specifically requested, to enable the Scrutiny Panels/PAC to comprehensively review the matter. Where there is uncertainty over the relevance of information held, within 5 working days of the request the SLO should contact the respective Committee and Panel Officer, who will inform the Panel/PAC and arrange with the SLO for the material in question to be assessed for its relevance by the Panel/PAC.  
24. Where information provided will include items of a confidential nature and  relevant  exempt  Ministerial  decisions,  confidentiality  will  be respected by all Members involved in Scrutiny/PAC.  
25. All written information will normally be sent by email to the States Greffe (Scrutiny section) by the relevant SLO, will be clearly named, and will be indexed where appropriate.
26. At  the  request  of  the  relevant  Panel/Committee,  the  Minister responsible,  and/or  the  Minister  designated  as  the  shareholder representative, for any States owned body subject to a request for information from a Panel/PAC during a Scrutiny/ PAC Review, shall communicate with the respective body within one week endeavouring to facilitate the voluntary provision of that information, should the body have failed to comply. The relevant Minister will use best endeavours to achieve compliance, communicating to the Panel on the extent and outcome of those endeavours within a maximum of two weeks.

5. Fact-finding Visits

27. Panels/PAC may conduct fact-finding visits in relation to potential or confirmed Review topics.
28. Panels/PAC undertaking fact-finding visits will be accompanied by a Committee and Panel Officer, who will prepare an independent note of the visit.

6. Access to Council of Ministers Supporting Agenda Papers

29. Through the Office of the Chief Executive, the Council of Ministers will provide a copy of the Part A agenda to the Committees and Panels Section  of  the  States  Greffe  before  the  meeting  of  the  Council  of Ministers.

30. The Assistant Greffier (Committees and Panels) will arrange circulation of this agenda to all Members of the Scrutiny Liaison Committee and to the Committee and Panel Officers.
31. The Part A agenda will not be circulated to or discussed with anyone other than members of the Scrutiny Panels/PAC, and States Greffe staff.
32. Material that was provided to the Council of Ministers as part of the Part B  agenda  items  will  be  made  available  digitally  to  the  relevant Panel/PAC within one working day of the respective Council of Ministers meeting. If the Council of Ministers considers the material to be of a particularly sensitive or commercial nature, or if there are exceptional circumstances  surrounding  the  release  of  information,  those circumstances will be communicated to the relevant Chair by the Council of Ministers (or designated Minister), through the official designated liaison channels.
33. All Part B material will be treated as confidential by Panels/PAC until the relevant Minister determines otherwise. Confidential information should be clearly marked by the Executive in accordance with paragraph 44 of this Protocol.
34. The Council of Ministers will be informed as required, through the designated liaison channels, of which Panels/PAC are in receipt of Part B material. There will be a presumption that a Minister will agree the release of the material under confidential cover to any Panel/PAC, but the Scrutiny Liaison Committee will be mindful to ensure that such provision of confidential information is justified in its relevance to related to remits and work programmes. Any exceptional circumstances which might surround the release of information will be explained to a relevant Chair or the Scrutiny Liaison Committee through the official liaison channels in the first instance.
35. The Council of Ministers will consider providing Panel/PAC Chairs with relevant items of Part B minutes of Council of Ministers meetings upon request, in accordance with the process and criteria established for Part B reports.

7. Ministerial Decisions

36. In order to properly fulfil their terms of reference as set out in Standing Order 136, all approved Ministerial Decisions will be provided to the relevant Scrutiny Panel(s), and PAC where appropriate to its remit. All Decisions will be provided within one working day of being signed by the corresponding Minister, save any redactions required to comply with the relevant data protection legislation (having particular regard to sensitive personal information and the need to provide that information onwards to  a  Panel)  Panels  will  also  maintain  the  confidentiality  of  any information, unless that confidentiality is waived by the Minister.
37. The Decision, including any associated report, will be provided in digital form to the appropriate Committee and Panel Officer by the relevant

Private Secretary, unless alternative arrangements have been otherwise agreed by those parties.

38. The sharing of such information is subject to the provisions of Section I.
39. If there is doubt as to which Panel or Committee a Decision applies, the Ministerial  Office  will,  within  the  one  working  day  period,  request guidance from the Assistant Greffier (Committees and Panels).

8. Legal advice

40. It is recognised by the States and the Law Officers that the process of seeking and taking legal advice from the Law Officers is confidential. There are three primary reasons for this –

1. to ensure that there is no damage done to the public interest by the publication of legal advice given by Law Officers; publication of such advice would risk politicising the Law Officers’ Department and would inhibit the Law Officers from giving frank advice;
2. to ensure that there is no inhibition on the part of Panels/PAC in taking advice for fear of its publication. It is in the public interest that decisions are taken on a correct legal basis and that adequate confidential legal advice is obtained to assist;
3. to ensure that there is no inhibition on the part of the Law Officers or lawyers within their Department in giving full and frank advice on all the matters  which  are  raised  with  the  Law  Officers  or  one  of  the Departmental lawyers for advice, or which the Law Officers or  the advising  lawyer  consider  should  reasonably  be  volunteered  to Panels/PAC for consideration; and to ensure that the Scrutiny Panels make full disclosure to the Law Officers of all material relevant to the advice sought.

41. It is recognised that the same principles apply in respect of advice given by the Law Officers to Ministers and their Departments.
42. It is accepted that advice given by the Law Officers to a Minister or to the Council of Ministers or to departmental officials and/or the fact that advice has been sought will not be disclosed to a Panel/PAC.
43. Panel/PAC members recognise and accept that Ministers and their officials will maintain their claim to legal advice privilege, except in exceptional circumstances, if questioned by a Panel/PAC, and will not seek to interfere with that privilege. Such exceptional circumstances are likely to arise only where there is a coordinated Law Officer, Ministerial and Scrutiny/PAC approach to the release of the advice, where there would be no adverse impact on actual or possible legal proceedings in court, and where there would be no undesirable precedent set as a result. In such circumstances the written prior permission of the Attorney General must be obtained before the advice is disclosed to a Panel/PAC,

and also before any legal advice or reference to it is published by the Panel/PAC.

9. Personal or Confidential Information

44. Panels/PAC are committed to the principle of open access to information and  will  publish  all  information  unless  there  are  appropriate confidentiality or personal reasons not to do so. Documents received in confidence will remain so until otherwise agreed with the Executive.
45. For the avoidance of doubt, the fact that information is confidential is not a reason for delay in providing it to a Panel/PAC.
46. Information which contains personal data or relates to a third party will not be made public if doing so could contravene relevant data protection legislation.
47. If a Minister or Chief Officer/Accounting Officer believes that information to be provided to a Panel/PAC is either confidential or personal, the Panel/PAC must be advised of the reasons via the States Greffe.
48. All confidential or personal information provided in written format shall be clearly marked as such by the Department concerned (where feasible on each relevant page), with a rationale supplied as to the reason for the confidentiality in accordance with the Freedom of Information (Jersey) Law 2011.

10. Hearings

49. There is a presumption that all Scrutiny & PAC hearings will be held in public. Exceptions will be determined by the Panel/PAC in the case of sensitive or confidential information.  
50. Panels and PAC reserve the right to reject any request to conduct a hearing in private.
51. The relevant SLO will be provided with the intended broad areas of questioning in advance of a hearing, but will not receive a detailed question plan, unless in exceptional circumstances so determined by the relevant Panel, PAC, Sub-Panel or Review Panel.
52. Whilst the powers of Summons are not applicable for States Members, Ministers and Assistant Ministers will attend hearings in accordance with Schedule 3 (9) of the Standing Orders of the States of Jersey.  
53. Department Chief Officers/Accounting Officers, and/or other relevant Officers, will attend Hearings as requested. In the case of Scrutiny Panels this is restricted to the purpose of answering questions relating to the facts with regard to policy matters and implementation thereof.

54. Panel/PAC members, Ministers, Assistant Ministers and Officers will behave in a professional manner with each other. The Executive are expected to be forthcoming in providing information at hearings.
55. Unless otherwise decided by the Panel/PAC, public hearings will be webcast live, the audio will be recorded and transcripts uploaded to the Scrutiny section of the States Assembly website as soon as they are available following the hearing.
56. At that time, the relevant SLO will be sent the transcript for the purpose of clarifying any matters of fact only. Any clarification will be provided within 5 working days, unless otherwise agreed by the Panel/PAC. Any subsequent amendment to the transcript will be a matter for the States Greffe and Panel/PAC.
57. Scrutiny Panels will normally hold hearings about the work programmes of their respective Ministers and Assistant Minsters on a quarterly basis (‘Quarterly Hearings’). This paragraph does not apply to PAC.

11. Reports, Responses and Implementation

58. Once a Panel/PAC has approved the body of a report (i.e. minus findings and recommendations), relevant excerpts will be sent in confidence to the SLO of the Department whose Minister/Assistant Minister or Officers have contributed evidence. Five working days should be provided for the SLO to submit comment on matters of a factual nature only relating to the evidence provided by those witnesses. It will be accepted, however, that time pressures may lead to occasions when less than five days will be given.
59. Panels/PAC reserve the right to determine whether amendments are to be accepted.
60. Once the report is finalised, wherever possible copies will be released in advance  to  the  relevant  Minister(s)  (Director(s)  General/Accounting Officer(s) in the case of PAC) under embargo and in confidence before presentation to the States under the S.R. or PAC series.
61. Reports remain confidential until presented to the States Assembly.
62. Ministers (Directors General/Accounting Officers in the case of PAC) will respond to the  Scrutiny/PAC Report using the Ministerial/Executive Response template format respectively within 6 weeks of the publication of the Report. The templates may be revised as required by agreement between the Council of Ministers and the Scrutiny Liaison Committee.
63. Where Ministers (Directors General/Accounting Officers in the case of PAC) are unable to respond in the given timescale, an interim response should be presented within 6 weeks and a full response presented within 3 months.

64. Responses will be presented directly to the States Assembly via the Ministerial Decision process.
65. Ministers (Chief Officers/Accounting Officers in the case of PAC) will implement  the  accepted  recommendations  in  a  timely  manner  as detailed in the response, and advise the Panel/PAC when these have been completed.
66. Ministers (Chief Officers/Accounting Officers in the case of PAC) will, on request, provide an update to Panels/PAC on progress against accepted recommendations.

12. Public Accounts Committee (PAC)

67. In general, the approach of (and towards) PAC will reflect that adopted by (and towards) the Scrutiny Panels – see paragraphs 4 and 5. This section addresses those matters that relate only to PAC.
68. In  developing  a  balanced  programme  of  Review  topics,  PAC  will ordinarily prioritise the consideration of reports presented to the States by the C&AG. Having received a report that has been presented to the States  by  the  C&AG,  PAC  will  write  to  the  relevant  Director(s) General/Accounting Officer(s) (in accordance with paragraph 13 of this Code) and request a response, using the PAC’s response template format, to any recommendations made in the report within a period not exceeding 6 weeks. The deadline for the requested response will be specified in the correspondence
69. Once the response(s) to the recommendations made by the C&AG have been received from the relevant Officer, PAC will present the response to the States and determine whether to commence a follow-up Review of the topic addressed in the C&AG’s report.
70. In the event that one or more responses are not received from Officers within the deadline set, PAC may invoke an escalation procedure and/or commence a follow-up Review of the topic addressed in the C&AG’s report.

13. Compliance

71. Any  alleged  infringements  of  the  Scrutiny/PAC  Engagement  Code should be reported to the Scrutiny Liaison Committee, which will seek to determine an appropriate course of action.
72. Actions available to the Scrutiny Liaison Committee include writing to and/or requesting a meeting with the member concerned, or the relevant Accounting Officer/Chief Executive in the case of PAC. In appropriate cases, the matter will be raised between the President and the Chief Minister who will endeavour to achieve an appropriate resolution.
73. Where the issue cannot be satisfactorily resolved, it may be referred to the Privileges and Procedures Committee.

74. It is recognised that alternative processes by which matters might be addressed, particularly those of a more serious nature, are also provided by Standing Orders. These include options of direct recourse to the States Assembly.

14. Summary of Timings

 

Information from Executive to Panel/PAC on general information requests	Within 5 working days.
Information from Executive to Panel/PAC on Review material	Routinely: within 5 working days. Exceptional circumstances: within 10 working days
Clarification from SLO on matters of fact in Public Hearing transcripts	Within 5 working days
Executive comments on draft sections of reports (technical/factual comments only)	Within 5 working days
Presentation to States of Official Response to Panel/PAC Reports	Routinely: within 6 weeks from date of presentation of report Exceptional circumstances: Interim response within 6 weeks, full response within 3 months
Response to PAC of recommendations contained in C&AG reports	Within 6 weeks from date of presentation of report
Ministerial Decisions	Within one working day of signature

CODE OF PRACTICE FOR ENGAGEMENT

BETWEEN

‘SCRUTINY PANELS & THE PUBLIC ACCOUNTS COMMITTEE’ AND

‘THE EXECUTIVE’

[Hereafter known as the ‘Scrutiny/PAC Engagement Code’]

1. Introduction

1. The  States  Assembly  Scrutiny  Panels  and  the  Public  Accounts Committee (PAC) are integral parts of the machinery of government in Jersey.
2. The  Scrutiny/PAC  Engagement  Code  should  be  considered  in conjunction with the Code of Conduct for Elected Members, the Code of Conduct and Practice for Ministers and Assistant Ministers and the Scrutiny & PAC Proceedings Code of Practice.
3. For the purpose of this Code, the ‘Executive’ shall mean Ministers, Assistant Ministers and relevant Officers.
4. Although it carries out a scrutiny role, PAC is not a ‘Scrutiny Panel’ as defined by Standing Orders. It is established under separate Standing Orders with discrete terms of reference. However, its procedural and administrative engagement with the Executive is broadly similar to that of the Scrutiny Panels. Where a provision in this Code applies only to a Scrutiny Panel, the term ‘Panel’ is used. ‘Panel/PAC’ is used where it applies to both, and ‘PAC’ where it applies only to PAC. Standalone paragraphs relevant only to the work of PAC are also contained in section K.
5. For  the  avoidance  of  doubt,  where  reference  is  made  in  this Scrutiny/PAC  Engagement  Code  to  engagement  by  Ministers  and Assistant Ministers, in matters relating to PAC such requirements as contained  should  be  assumed  to  normally  refer  to  Directors General/Accounting Officers, with the exception of paragraph 26.
6. The Scrutiny/PAC Engagement Code is a ‘live’ document which will be kept under review (see 8).

2. Responsibilities

7. The President of the Scrutiny Liaison Committee, in conjunction with the Committee, will oversee the Scrutiny/PAC Engagement Code and the Scrutiny & PAC Proceedings Code of Practice.
8. The  Chief  Minister  and  the  President of  the  Scrutiny  Liaison Committee, in conjunction with the Chief Executive of the States and the Assistant  Greffier  (Committees  and  Panels),  will  review  this Scrutiny/PAC Engagement Code at least once a term (or as required). This  process  should  include  consultation  with  the  Scrutiny  Liaison Committee and the Council of Ministers.
9. Chairs  and  the  President will  ensure  their  respective Panels/Committee, Sub-Panels and Rapporteurs abide by Standing Orders, the Scrutiny/PAC Engagement Code and the Scrutiny & PAC Proceedings Code of Practice.
10. The Scrutiny Liaison Committee will ensure that all Review Panels, which  it  establishes,  abide  by  Standing  Orders,  the  Scrutiny/PAC Engagement  Code  and  the  Scrutiny  &  PAC  Proceedings  Code  of Practice.
11. Ministers and Assistant Ministers engaging with Scrutiny will abide by Standing  Orders,  the  Protocol,  the  Code  of  Conduct  for  Elected Members and the Code of Conduct and Practice for Ministers and Assistant Ministers.
12. The Chief Minister, Ministers and the Council of Ministers will use best endeavours to try to ensure that all Propositions on major policies and legislation are lodged ‘au Greffe’ at least six months before the date of the next elections so that sufficient time is factored in for Scrutiny purposes.
13. The Chief Executive of the Government of Jersey and Head of the Public Service will ensure that the relevant Private Secretary within the Ministerial  Office  will  act  as  Scrutiny  Liaison  Officer  (SLO)  to  the corresponding Panel. For PAC, a suitably senior and authorised officer will be appointed from within the Office of the Chief Executive to act as Liaison Officer. Committee and Panel Officers will conduct all liaison with Departments/Ministries via the SLOs unless otherwise agreed with the Private Secretary.

3. Initial Consultation with Ministers and Relevant Officers

14. Prior to the Panels drawing up a schedule of Reviews, Ministers (or Assistant Ministers as delegated) will, at the request of a Panel, promptly provide a private briefing on the forthcoming work and priorities of their Departments, including target completion dates.

15. Relevant Executive Officers (in accordance with paragraph 13) will liaise with Committee and Panel Officers to provide detailed information on forthcoming work including draft policy papers and legislation.
16. Requests to Departments for initial background information should be acknowledged promptly by relevant Officers to the relevant Committee and Panel Officer, and best endeavours undertaken to provide the information requested within 5 working days. In requesting information, it is helpful for Panels to focus their requests so as to aid a quick response by Departments.

4. Reviews – Process and Access to Information

17. The Executive should allow sufficient time for Reviews to be undertaken. Commonly Reviews, especially but not exclusively those addressing non-legislative matters, will take a minimum of three months to complete. Regular communication about progress on Departmental policies and legislation programmes will assist both parties. Equally, Panels will endeavour  to  undertake  as  much  preparatory work  as  possible,  in advance of lodging to help enable debates to proceed without undue delay. This includes outlining to Departments as far in advance as reasonably possible their requirement for information and arranging advisors  as  early  as  practically  possible.  This  approach  is  best supported  by  continuing  dialogue  between  Committee  and  Panel Officers and SLOs and Panels, Panel Chairs, and Ministers.
18. Ministers, Assistant Ministers and relevant Officers will attend on a Panel/PAC if requested to provide an initial briefing (in private if required) on  the  topic  under  consideration.  Briefings  may  be  held  before completion of scoping and terms of reference. Normally, only Officers are expected to attend in the case of PAC.
19. Once a scoping document and terms of reference have been approved by a Panel/PAC and subsequently the Scrutiny Liaison Committee, the relevant Minister(s) (Director General/Accounting Officer in the case of PAC) and Department(s) will be advised of the terms of reference. Panels will give consideration to any feedback received.
20. Panels/PAC can ask for information as the topic requires, and can call Ministers, Assistant Ministers and relevant Officers to further briefings and hearings. Such requests will normally be directed to Officers in the case of PAC.
21. When requested, Departments will provide Panels with a full list of policies and legislation which relate to the topic under review.
22. Requests for information to a Department in relation to an established Review should be acknowledged promptly and the information provided within 5 working days, or, if clarification is needed, a date given by which

the information will be provided, which shall not be greater than 10 working days. In the event that requested information does not exist, or does so but not in the form requested, Panels/PAC will be notified accordingly within 5 working days.

23. The  importance  of  evidence  to  an  effective  scrutiny  process  is recognised  by  all  parties.  Ministers,  Assistant  Ministers,  Director General/Accounting Officers and other applicable Departmental Officers will therefore actively assist Panels/ PAC in the conduct of their work by volunteering  any  additional  material  information  held  by  them,  or otherwise under their control, in respect of a Review topic which may not have been specifically requested, to enable the Scrutiny Panels/PAC to comprehensively review the matter. Where there is uncertainty over the relevance of information held, within 5 working days of the request the SLO should contact the respective Committee and Panel Officer, who will inform the Panel/PAC and arrange with the SLO for the material in question to be assessed for its relevance by the Panel/PAC.  
24. Where information provided will include items of a confidential nature and  relevant  exempt  Ministerial  decisions,  confidentiality  will  be respected by all Members involved in Scrutiny/PAC.  
25. All written information will normally be sent by email to the States Greffe (Scrutiny section) by the relevant SLO, will be clearly named, and will be indexed where appropriate.
26. At  the  request  of  the  relevant  Panel/Committee,  the  Minister responsible,  and/or  the  Minister  designated  as  the  shareholder representative, for any States owned body subject to a request for information from a Panel/PAC during a Scrutiny/ PAC Review, shall communicate with the respective body within one week endeavouring to facilitate the voluntary provision of that information, should the body have failed to comply. The relevant Minister will use best endeavours to achieve compliance, communicating to the Panel on the extent and outcome of those endeavours within a maximum of two weeks.

5. Fact-finding Visits

27. Panels/PAC may conduct fact-finding visits in relation to potential or confirmed Review topics.
28. Panels/PAC undertaking fact-finding visits will be accompanied by a Committee and Panel Officer, who will prepare an independent note of the visit.

6. Access to Council of Ministers Supporting Agenda Papers

29. Through the Office of the Chief Executive, the Council of Ministers will provide a copy of the Part A agenda to the Committees and Panels Section  of  the  States  Greffe  before  the  meeting  of  the  Council  of Ministers.

30. The Assistant Greffier (Committees and Panels) will arrange circulation of this agenda to all Members of the Scrutiny Liaison Committee and to the Committee and Panel Officers.
31. The Part A agenda will not be circulated to or discussed with anyone other than members of the Scrutiny Panels/PAC, and States Greffe staff.
32. Material that was provided to the Council of Ministers as part of the Part B  agenda  items  will  be  made  available  digitally  to  the  relevant Panel/PAC within one working day of the respective Council of Ministers meeting. If the Council of Ministers considers the material to be of a particularly sensitive or commercial nature, or if there are exceptional circumstances  surrounding  the  release  of  information,  those circumstances will be communicated to the relevant Chair by the Council of Ministers (or designated Minister), through the official designated liaison channels.
33. All Part B material will be treated as confidential by Panels/PAC until the relevant Minister determines otherwise. Confidential information should be clearly marked by the Executive in accordance with paragraph 44 of this Protocol.
34. The Council of Ministers will be informed as required, through the designated liaison channels, of which Panels/PAC are in receipt of Part B material. There will be a presumption that a Minister will agree the release of the material under confidential cover to any Panel/PAC, but the Scrutiny Liaison Committee will be mindful to ensure that such provision of confidential information is justified in its relevance to related to remits and work programmes. Any exceptional circumstances which might surround the release of information will be explained to a relevant Chair or the Scrutiny Liaison Committee through the official liaison channels in the first instance.
35. The Council of Ministers will consider providing Panel/PAC Chairs with relevant items of Part B minutes of Council of Ministers meetings upon request, in accordance with the process and criteria established for Part B reports.

7. Ministerial Decisions

36. In order to properly fulfil their terms of reference as set out in Standing Order 136, all approved Ministerial Decisions will be provided to the relevant Scrutiny Panel(s), and PAC where appropriate to its remit. All Decisions will be provided within one working day of being signed by the corresponding Minister, save any redactions required to comply with the relevant data protection legislation (having particular regard to sensitive personal information and the need to provide that information onwards to  a  Panel)  Panels  will  also  maintain  the  confidentiality  of  any information, unless that confidentiality is waived by the Minister.
37. The Decision, including any associated report, will be provided in digital form to the appropriate Committee and Panel Officer by the relevant

Private Secretary, unless alternative arrangements have been otherwise agreed by those parties.

38. The sharing of such information is subject to the provisions of Section I.
39. If there is doubt as to which Panel or Committee a Decision applies, the Ministerial  Office  will,  within  the  one  working  day  period,  request guidance from the Assistant Greffier (Committees and Panels).

8. Legal advice

40. It is recognised by the States and the Law Officers that the process of seeking and taking legal advice from the Law Officers is confidential. There are three primary reasons for this –

4. to ensure that there is no damage done to the public interest by the publication of legal advice given by Law Officers; publication of such advice would risk politicising the Law Officers’ Department and would inhibit the Law Officers from giving frank advice;
5. to ensure that there is no inhibition on the part of Panels/PAC in taking advice for fear of its publication. It is in the public interest that decisions are taken on a correct legal basis and that adequate confidential legal advice is obtained to assist;
6. to ensure that there is no inhibition on the part of the Law Officers or lawyers within their Department in giving full and frank advice on all the matters  which  are  raised  with  the  Law  Officers  or  one  of  the Departmental lawyers for advice, or which the Law Officers or the advising  lawyer  consider  should  reasonably  be  volunteered  to Panels/PAC for consideration; and to ensure that the Scrutiny Panels make full disclosure to the Law Officers of all material relevant to the advice sought.

41. It is recognised that the same principles apply in respect of advice given by the Law Officers to Ministers and their Departments.
42. It is accepted that advice given by the Law Officers to a Minister or to the Council of Ministers or to departmental officials and/or the fact that advice has been sought will not be disclosed to a Panel/PAC.
43. Panel/PAC members recognise and accept that Ministers and their officials will maintain their claim to legal advice privilege, except in exceptional circumstances, if questioned by a Panel/PAC, and will not seek to interfere with that privilege. Such exceptional circumstances are likely to arise only where there is a coordinated Law Officer, Ministerial and Scrutiny/PAC approach to the release of the advice, where there would be no adverse impact on actual or possible legal proceedings in court, and where there would be no undesirable precedent set as a result. In such circumstances the written prior permission of the Attorney General must be obtained before the advice is disclosed to a Panel/PAC,

and also before any legal advice or reference to it is published by the Panel/PAC.

9. Personal or Confidential Information

44. Panels/PAC are committed to the principle of open access to information and  will  publish  all  information  unless  there  are  appropriate confidentiality or personal reasons not to do so. Documents received in confidence will remain so until otherwise agreed with the Executive.
45. For the avoidance of doubt, the fact that information is confidential is not a reason for delay in providing it to a Panel/PAC.
46. Information which contains personal data or relates to a third party will not be made public if doing so could contravene relevant data protection legislation.
47. If a Minister or Chief Officer/Accounting Officer believes that information to be provided to a Panel/PAC is either confidential or personal, the Panel/PAC must be advised of the reasons via the States Greffe.
48. All confidential or personal information provided in written format shall be clearly marked as such by the Department concerned (where feasible on each relevant page), with a rationale supplied as to the reason for the confidentiality in accordance with the Freedom of Information (Jersey) Law 2011.

10. Hearings

49. There is a presumption that all Scrutiny & PAC hearings will be held in public. Exceptions will be determined by the Panel/PAC in the case of sensitive or confidential information.  
50. Panels and PAC reserve the right to reject any request to conduct a hearing in private.
51. The relevant SLO will be provided with the intended broad areas of questioning in advance of a hearing, but will not receive a detailed question plan, unless in exceptional circumstances so determined by the relevant Panel, PAC, Sub-Panel or Review Panel.
52. Whilst the powers of Summons are not applicable for States Members, Ministers and Assistant Ministers will attend hearings in accordance with Schedule 3 (9) of the Standing Orders of the States of Jersey.  
53. Department Chief Officers/Accounting Officers, and/or other relevant Officers, will attend Hearings as requested. In the case of Scrutiny Panels this is restricted to the purpose of answering questions relating to the facts with regard to policy matters and implementation thereof.

54. Panel/PAC members, Ministers, Assistant Ministers and Officers will behave in a professional manner with each other. The Executive are expected to be forthcoming in providing information at hearings.
55. Unless otherwise decided by the Panel/PAC, public hearings will be webcast live, the audio will be recorded and transcripts uploaded to the Scrutiny section of the States Assembly website as soon as they are available following the hearing.
56. At that time, the relevant SLO will be sent the transcript for the purpose of clarifying any matters of fact only. Any clarification will be provided within 5 working days, unless otherwise agreed by the Panel/PAC. Any subsequent amendment to the transcript will be a matter for the States Greffe and Panel/PAC.
57. Scrutiny Panels will normally hold hearings about the work programmes of their respective Ministers and Assistant Minsters on a quarterly basis (‘Quarterly Hearings’). This paragraph does not apply to PAC.

11. Reports, Responses and Implementation

58. Once a Panel/PAC has approved the body of a report (i.e. minus findings and recommendations), relevant excerpts will be sent in confidence to the SLO of the Department whose Minister/Assistant Minister or Officers have contributed evidence. Five working days should be provided for the SLO to submit comment on matters of a factual nature only relating to the evidence provided by those witnesses. It will be accepted, however, that time pressures may lead to occasions when less than five days will be given.
59. Panels/PAC reserve the right to determine whether amendments are to be accepted.
60. Once the report is finalised, wherever possible copies will be released in advance  to  the  relevant  Minister(s)  (Director(s)  General/Accounting Officer(s) in the case of PAC) under embargo and in confidence before presentation to the States under the S.R. or PAC series.
61. Reports remain confidential until presented to the States Assembly.
62. Ministers (Directors General/Accounting Officers in the case of PAC) will respond to the Scrutiny/PAC Report using the Ministerial/Executive Response template format respectively within 6 weeks of the publication of the Report. The templates may be revised as required by agreement between the Council of Ministers and the Scrutiny Liaison Committee.
63. Where Ministers (Directors General/Accounting Officers in the case of PAC) are unable to respond in the given timescale, an interim response should be presented within 6 weeks and a full response presented within 3 months.

64. Responses will be presented directly to the States Assembly via the Ministerial Decision process.
65. Ministers (Chief Officers/Accounting Officers in the case of PAC) will implement  the  accepted  recommendations  in  a  timely  manner  as detailed in the response, and advise the Panel/PAC when these have been completed.
66. Ministers (Chief Officers/Accounting Officers in the case of PAC) will, on request, provide an update to Panels/PAC on progress against accepted recommendations.

12. Public Accounts Committee (PAC)

67. In general, the approach of (and towards) PAC will reflect that adopted by (and towards) the Scrutiny Panels – see paragraphs 4 and 5. This section addresses those matters that relate only to PAC.
68. In  developing  a  balanced  programme  of  Review  topics,  PAC  will ordinarily prioritise the consideration of reports presented to the States by the C&AG. Having received a report that has been presented to the States  by  the  C&AG,  PAC  will  write  to  the  relevant  Director(s) General/Accounting Officer(s) (in accordance with paragraph 13 of this Code) and request a response, using the PAC’s response template format, to any recommendations made in the report within a period not exceeding 6 weeks. The deadline for the requested response will be specified in the correspondence
69. Once the response(s) to the recommendations made by the C&AG have been received from the relevant Officer, PAC will present the response to the States and determine whether to commence a follow-up Review of the topic addressed in the C&AG’s report.
70. In the event that one or more responses are not received from Officers within the deadline set, PAC may invoke an escalation procedure and/or commence a follow-up Review of the topic addressed in the C&AG’s report.

13. Compliance

71. Any  alleged  infringements  of  the  Scrutiny/PAC  Engagement  Code should be reported to the Scrutiny Liaison Committee, which will seek to determine an appropriate course of action.
72. Actions available to the Scrutiny Liaison Committee include writing to and/or requesting a meeting with the member concerned, or the relevant Accounting Officer/Chief Executive in the case of PAC. In appropriate cases, the matter will be raised between the President and the Chief Minister who will endeavour to achieve an appropriate resolution.
73. Where the issue cannot be satisfactorily resolved, it may be referred to the Privileges and Procedures Committee.

74. It is recognised that alternative processes by which matters might be addressed, particularly those of a more serious nature, are also provided by Standing Orders. These include options of direct recourse to the States Assembly.

14. Summary of Timings

 

Information from Executive to Panel/PAC on general information requests	Within 5 working days.
Information from Executive to Panel/PAC on Review material	Routinely: within 5 working days. Exceptional circumstances: within 10 working days
Clarification from SLO on matters of fact in Public Hearing transcripts	Within 5 working days
Executive comments on draft sections of reports (technical/factual comments only)	Within 5 working days
Presentation to States of Official Response to Panel/PAC Reports	Routinely: within 6 weeks from date of presentation of report Exceptional circumstances: Interim response within 6 weeks, full response within 3 months
Response to PAC of recommendations contained in C&AG reports	Within 6 weeks from date of presentation of report
Ministerial Decisions	Within one working day of signature

Scrutiny and Public Accounts Committee Proceedings: Code of Practice

[Hereafter known as the ‘Scrutiny/PAC Proceedings Code’]

1. Introduction

1. The Scrutiny Panels and Public Accounts Committee (‘PAC’) are an integral part of the machinery of government in Jersey. Panels work on behalf  of  the  States  Assembly,  and  therefore  the  wider  public,  to objectively  and  transparently  hold  the  Executive  to  account  for  its policies, legislation and actions and to undertake reviews into any matters of public importance. The role of the PAC is to work on behalf of the States Assembly and the public to consider the use of public funds and the adequacy of corporate governance arrangements.
2. In doing so, Panels aim to help improve government policies, legislation and the administration of public services (with PAC focusing on financial governance and administration), by ensuring they are fit for purpose and that changes are justified by appropriate rationale and evidence.

2. Purpose of the Scrutiny Proceedings Code of Practice

3. The  purpose  of  this  Scrutiny  Proceedings  Code  is  to  establish  a framework  for  consistent  good  practice  within  Scrutiny  by  providing guidance  to  Panels/PAC,  Chairs,  Sub-Panels  and  Review  Panels regarding the agreed processes and procedures for Scrutiny work. It should be read in conjunction with the Code of Practice for Engagement Between ‘Scrutiny Panels and the Public Accounts Committee’ and ‘the Executive’  (‘Scrutiny/PAC  Engagement  Code’),  which  deals  with  all matters relevant to engagement between those parties.
4. Although it carries out a scrutiny role, PAC is not a ‘Scrutiny Panel’ as defined by Standing Orders. It is established under separate Standing Orders with discrete terms of reference. However, its procedural and administrative engagement with the Executive is broadly similar to that of the Scrutiny Panels. Where a provision in this Code applies only to a Scrutiny Panel, the term ‘Panel’ is used. ‘Panel/PAC’ is used where it applies to both, and ‘PAC’ where it applies only to PAC. Standalone paragraphs relevant only to the work of PAC are contained in section T.

3. Status

5. This  Scrutiny  Proceedings  Code,  mandated  by  the  States  through Standing Order 143 (g), has been presented to the States to inform Members and the public about the proceedings of Scrutiny Panels and the PAC. All those who join the Scrutiny function, whether as a member appointed to a Scrutiny Panel or PAC by the States Assembly, a member of a Sub-Panel or a member of a Review Panel, are required to abide by this Scrutiny Proceedings Code.
6. The  Scrutiny  Proceedings  Code  is  a  live  document  which  may  be amended at any time by the Scrutiny Liaison Committee in consultation with Scrutiny members. Any revisions made will be reported to the States.

4. Remits and Membership

7. The formal terms of reference for the Scrutiny Panels and PAC are set out in Standing Orders.
8. Each Scrutiny Panel consists of the Chair and up to four elected States Members who are appointed to the Panel by the States in the manner set out in Standing Orders.
9. The PAC consists of a Chair and at least 4 other members, 50% of whom are elected members and 50% non-elected members.
10. Each Panel and the PAC selects a Vice-Chair to fulfil the functions of the Chair in his/her absence.
11. The quorum for each Panel is one half of its membership (where this is not a whole number, it should be rounded up to the nearest whole) in order  to  make  any  substantive  decisions  and  hold  public  hearings. Additionally, in the case of the PAC, at least 2 of those present must be States  members.  Without  a  quorum,  a  Panel/PAC  may  not  make decisions at a meeting on its work programme, the terms of reference of specific reviews, appointment of an adviser or financial expenditure or a report following a review. These decisions must all be formally minuted. A public or private hearing also requires a quorum of members.
12. In practice Panels/PAC make most of their decisions by consensus without the need to vote. Where a vote is necessary, each member of the Panel has one vote. The Panel Chair does not have a deciding vote in the event of a tied vote. It is not possible to proceed with a decision on a tied vote.
13. It is imperative that Members of Panels and Committees play an active and regular role in their proceedings. Members must give due priority to attendance at meetings and hearings and should be present unless they have very compelling reasons not to  be so. Work programmes are

extensive and it is conducive to effective outcomes that the workload is approached  collaboratively  and  shared  appropriately  among  the membership. Should any Member be absent for more than 3 consecutive hearings or scheduled meetings for reasons that are not considered to be compelling by their respective Chair, they will be written to by the Chair to remind them of their responsibilities with regard to attendance, and the matter will also be referred to the Scrutiny Liaison Committee. The Scrutiny Liaison Committee will consider whether any further action is required, and will communicate with the Member accordingly.

14.  

Co-option

15. Scrutiny Panels may co-opt an additional non-executive member onto a Panel for the purposes of assisting with a specific review. A member can only be co-opted onto a Panel if she or he is not already a member of two Scrutiny Panels.
16. The co-opted member must only take part in discussions on the specific review for which she or he has been co-opted and not in any other Panel business.

Sub-Panels

17. Scrutiny Panels are entitled to set up Sub-Panels of up to five members to deal with particular issues, for example to undertake a review which cuts across the responsibility of more than one Panel. Sub-Panels may contain  members  who  are  not  members  of  the  Panel  in  question (provided that they are non-executive members).
18. Sub-Panels operate on behalf of the Panel which has appointed them and only with the authorisation of that Panel. The appointment, remit and timescale must be agreed by the full Panel and recorded in the Minutes.
19. The Sub-Panel will appoint its own Chair, who will be a member of the main Panel. It is the responsibility of the Sub-Panel Chair to report to the full Panel on a regular basis. The quorum for a Sub-Panel is one half of its members. Where this is not a whole number it should be rounded up to the nearest whole. The report prepared by the Sub-Panel on its review will be presented to the States in the name of the full Panel.
20. Sub-Panels may, subject to the agreement of the Panel, call upon the financial and manpower resources available to the Panel. This is subject to the other commitments of the Panel and to the agreement of the Scrutiny  Liaison  Committee  and  Assistant  Greffier  (Committees  and Panels).

Review Panels

21. Review Panels may be established by the Scrutiny Liaison Committee, for example to provide greater flexibility for cross-cutting matters, at the request of a States Member to examine a topic that would not otherwise be scrutinised by a Scrutiny Panel, or in times of particularly heavy workload.
22. Review Panels will contain elected members who are not Ministers or Assistant  Ministers  and  operate  on  behalf  of  the  Scrutiny  Liaison Committee which has appointed them and only with the authorisation of that Committee. The appointment, remit, budget and timescale must be agreed by the Scrutiny Liaison Committee and recorded in the minutes. There is no specified limit on the number of members who can serve on a Review Panel.
23. The Review Panel will nominate its own Chair for approval by the Scrutiny Liaison Committee. It is the responsibility of the Review Panel Chair to update the Committee on a regular basis. The Review Panel will provide a final draft of the report prepared on its review to the Scrutiny Liaison Committee before presentation to the States.. It is the responsibility of the Chair of the Review Panel to undertake the subsequent media, public and political engagement responsibilities.
24. For the Committee to establish a Review Panel, it will need, in agreement with the Assistant Greffier (Committees and Panels), to consider current officer workload, current Panel review work and identify a Committee and Panel Officer from within the existing team to be released to support the work of a Review Panel.

Rapporteurs

25. Under Standing Orders, the Scrutiny Panels are also entitled to appoint a single member of that Panel, a ‘rapporteur’, to deal with a specific issue within the Panel’s remit, but may not allocate any of its resources for such a purpose without the agreement of the Scrutiny Liaison Committee.
26. Rapporteurs operate on behalf of the Panel, on the same basis as a Sub- Panel, as set out above. Rapporteurs will progress their investigations on their own initiative and direction, but ultimately report back to the Panel. Rapporteurs should liaise with the Chair on a regular basis.

5. Scrutiny Liaison Committee

27. The Scrutiny Liaison Committee, led by the President, is responsible for the oversight of the Scrutiny and PAC function as set out in Standing Orders 142 and 143.
28. The  Committee’s  overarching  role  is  to  ensure  that  Scrutiny/PAC operates effectively and appropriately, taking note of best practice and

developments in similar parliamentary committee systems. It will typically meet on a monthly basis.

29. The Committee will also oversee the appropriate allocation of financial resources to Scrutiny and PAC Reviews, ensuring that the overall work programme of all the Panels and the PAC is undertaken within the financial resources available, and covers the work of all the Ministers during the relevant term of office.
30. The Committee is advised by Panels/PAC of all planned Reviews through receipt of terms of reference and scoping documents detailing financial and manpower implications, public engagement strategy, timescale, risks and mitigation of identified risks. Until a scoping document has been received and approved by the Committee, no budget will be allocated.
31. Budgets for quarterly hearings and initial hearings to identify background information are not subject to the scoping process or Scrutiny Liaison Committee approval.
32. The Committee also seeks to ensure that the status and business needs of members conducting scrutiny work is appropriately recognised.

6. Role of Chair

33. The Chair of each Panel/PAC is appointed by the States in the manner set out in Standing Orders. The term of office for each Chair is for the duration of the States Assembly until the beginning of the first States meeting following the next ordinary election.
34. The main responsibilities of the Chair are as follows:

• Implement  the  remit  of  the  Panel/PAC  as  established  by Standing Orders

• Provide  direction  and  leadership  to  the  Panel/PAC  and  act  as  a figurehead  for  its  work  (and  Scrutiny  more  widely),  establishing  a suitable public profile

• Ensure prominence is given to effective public engagement, appropriate to the context and stakeholder groups for each piece of work

• Work closely with colleagues and the Committee and Panel Officers to establish clear working practices to help the Panel/PAC to function professionally,  efficiently  and  effectively,  and  in  keeping  with  the approved framework of the Scrutiny Proceedings Code of Practice

• Establish  an  appropriate  and  effective  working  relationship  with Ministers within the Panel’s remit

• Upon  election  to  the  position,  identify  and  propose  colleagues  for appointment as Panel/PAC members

• Establish  preferred  working  practices  with  the  Panel/PAC  Officers, taking into account advice provided by them on relevant processes.

• Respond in good time to requests for direction from Committee and Panel Officers.

• Approve  all  draft  agendas  prepared  by  the  Committee  and  Panel Officers (ie before they are distributed to the Panel/PAC)

• Authorise then electronic signature of Panel/PAC minutes upon their approval by the Panel/PAC

• At  report  writing  stage  (this  includes  Scrutiny/PAC  Reports  and Comments), the following stages require the Chair’s input:

1. By the end of evidence gathering phase, ensure the Panel/PAC has considered evidence gathered to help inform drafting to be undertaken by Committee and Panel Officer
2. Receive a full draft report/Comments paper etc. from the Officer(within agreed timeframe)
3. Liaise with Committee and Panel Officer to complete a draft to be presented to the full Panel/PAC as the ‘Chair’s Draft’

• Carry out interviews with the media unless otherwise delegated

• Attend meetings of the Scrutiny Liaison Committee, unless otherwise delegated

• Within the Chamber:

1. Under Standing Order 72, confirm when asked by Presiding Officer  whether  Panel  wishes  to  have  the  relevant  draft legislation referred to the Panel (this Standing Order does not apply to PAC)
2. Make  Statements  on  matters  of  official  responsibility  (e.g. publication of reports)
3. Answer written/oral questions directed to the Panel/PAC
4. Table written/oral questions directed to relevant Ministers

35. The  Chair  may  delegate  certain  functions  as  necessary  to  another member of the Panel/PAC, for example chairing a public hearing or contacting the media.

7. Meetings

36. Panels/PAC will agree for each calendar year a schedule of regular meetings, typically at least once every two weeks, which will be held to plan and consider the progress of enquiries being undertaken by the Panel/PAC and other matters arising. When this schedule has been agreed, it will be published on the States Assembly website. Additional meetings will be held as required in between the scheduled meetings.
37. Panel/PAC meetings will commonly be held in the rooms which have been designated and technologically equipped for Scrutiny purposes (Le Capelain and Blampied). However, a Panel may meet at any suitable location of its choice. A Panel/PAC may also hold meetings through appropriate digital platforms.
38. All meetings (as opposed to hearings – see Section O) are held in private to  enable  the  Panels/PAC  to  have  open  and  frank  discussions  on procedural  and  administrative  matters,  and  to  consider  draft documentation.  However,  minutes  will  be  published  on  the  States Assembly  website  of  all  Panel/PAC  meetings,  subject  to  applicable exemptions  of  the  Freedom  of  Information  (Jersey)  Law  2011  and relevant data protection legislation.
39. Panel/PAC meetings must be quorate in order to make any substantive decisions and hold public hearings.
40. There will be agendas for all scheduled Panel/PAC meetings. The front page of agendas (i.e. items of business but not associated papers) will be published on the relevant section of the States Assembly website. The full agenda will be distributed electronically to the Panel/PAC members.
41. Independent  and  impartial  minutes  of  all  Panel/PAC  meetings  and hearings will be made by the Committee and Panel Officers from the States Greffe to provide a complete, impartial and objective audit trail of the work of the Panels/PAC. These will record main points of discussion and  all  decisions  and  financial  matters,  but  will  not  be  verbatim. Panel/PAC decisions must be made at formally convened meetings (in person or electronically) at which an Officer from the States Greffe is present to record those decisions.
42. The minutes will be signed by the Chair once the Panel/PAC has agreed that they represent a true record of the proceedings. The minutes of each meeting will then be published electronically as soon as possible after each meeting.

8. Planning a Forward Work Programme – Scrutiny Panels

43. At the start of each year the Panels will consider their forward work programme based on the work programme of the relevant Departments and any other areas of public interest. They will endeavour to identify topics for review and develop a draft forward programme.
44. The Panels will need to revisit their forward work programme on a regular basis in order to take into account new developments in the Executive’s policies and matters of public importance. The Panels, for example, may request  without  prior  notice,  in  accordance  with  Standing  Order  79 [Appendix  3(13)],  that  a  proposition  being  debated  by  the  States Assembly should be suspended and referred to it for investigation. The Panels will therefore need to retain a degree of flexibility in their forward planning which will enable them to re-prioritise their programme of work as new circumstances arise.

9. Identifying Reviews – Scrutiny Panels

45. Panels are topic based (see Standing Order 135) and have the freedom to select their own programme of Reviews within those topic areas. Panels select work priorities from a number of sources, including the work programme(s) of the relevant Minister(s) and suggestions from States Members, stakeholders and/or members of the public.
46. In developing a balanced work programme, the Panels will take account, as far as possible, of the following main focuses of Scrutiny, namely:

• policy

• legislation

• Medium Term Financial Plan/Budget

• matters of public interest

• public service initiatives

47. In selecting topics for review, Panels will consider if they:

• are linked to States strategic objectives

• are a community/corporate priority area

• are a key issue for the public

• are likely to result in an improved service to the public

• relate to a service/issue where there is a high level of

dissatisfaction

• make a positive contribution to the development of policy

49. Topics will be rejected if they:

• are sub-judice

• fall within a complaints procedure

• are an individual matter

• relate to matters of individual employee disciplinary/grievance

49. Topics may be rejected if they:

• are already being addressed by others

• are prejudicial to States interests

10. Declaration of interests

50. Where a member of a Panel/PAC or their spouse/civil partner/cohabitee has a direct financial interest in matter under consideration or review, the member must declare an interest and not participate in any associated proceedings. If that interest is financial but not directly so (i.e. is general, indirect or shared with a large class of persons), the interest should be declared  from  the  outset  but  this  does  not  necessarily  exclude participation.
51. However, members of a Panel/PAC must be mindful of being open and transparent about declaring interests. For those reasons, such disclosure may be required at different stages during a Review, not only at the outset. It is inappropriate, for example, for a Panel/PAC member who represents, or is a member of, a particular interest, stakeholder group or other organisation to participate in a review of a topic directly related to that group, without declaring the interest both at the outset and in the preparation for and holding of a hearing with that or a ‘competitor’ group.
52. A member might still withdraw from part or all of a review being conducted if he/she/the Panel/PAC considers that any interest would prejudice, or could be perceived to prejudice, his or her ability to participate in the proceedings  in  an  impartial  manner  and  thereby  undermine  the Panel/PAC’s review.
53. Any uncertainty or impasse about a potential conflict of interest on the part of a member of a Panel/PAC should be referred to the Scrutiny Liaison Committee for consideration, who will refer the matter to the Privileges and Procedures Committee if a satisfactory resolution cannot be achieved.

11. Advisers – Scrutiny Panels

54. Panels may appoint advisers to assist with compilation and interpretation of specialist and technical information. Advisers can be commissioned to undertake a specific piece of technical analysis on behalf of a Panel or engaged to work with the Panel more broadly on a Review.
55. Panels should, however, fully consider the use of expert witnesses, the research resource provided by the Committee and Panel Officers along with their supporting Research and Project Officers, and the terms of reference and objectives of Reviews to determine whether specialist

adviser support would indeed be required. It is not always necessary to appoint an adviser.

56. For access to a budget for the engagement of advisers, estimated costs must be included in a scoping document and forwarded to the Scrutiny Liaison Committee.

12. Review Methodology

57. Reviews can be undertaken as follows, dependant on the availability of members and manpower resources:

1. as a full Panel/PAC
2. as a full Panel with the co-option of another non-executive member. The co-opted member must only be present for matters relating to the Review to which (s)he has been co- opted (not applicable to PAC)
3. as a Sub-Panel of the main Panel (formally established by the main Panel and chaired by a member of the Panel). The report of the Sub-Panel is presented to the States by the main Panel (not applicable to PAC)
4. through  a  rapporteur  -  one  member  of  the  main  Panel, reporting back to the full Panel in whose name the report would be presented (not applicable to PAC)
5. through a Review Panel (formed by the Scrutiny Liaison Committee, the report of the Panel is presented to the States by the Scrutiny Liaison Committee) (not applicable to PAC)

58. Panels/PAC may request briefings in private prior to starting a Review to gain an initial understanding of the matter and to assess whether a Review is required.
59. A Review is considered to have started once a scoping document has been approved by the Panel/PAC, forwarded to and approved by the Scrutiny Liaison Committee. It is only at this stage that a Panel/PAC has access to the budget and may call for evidence. Panels/PAC announce Reviews publicly through public/media engagement. Terms of reference should be provided to the relevant Minister and uploaded to the Scrutiny website.
60. Reviews are flexible and can be undertaken in a number of ways, from a desk top process to wide scale public calls for evidence and holding evidence gathering hearings and meetings.

61. Public engagement is an important aspect of Panel/PAC work and should be adapted to the context and stakeholder groups of each review. Advice will be provided by Committee and Panel Officers, and as part of the scoping  process  Panels/PAC  will  agree  a  public  engagement  and communications strategy for each Review, which should reflect each key stage of a Review (launch, evidence gathering, report presentation and follow up. The strategy should be reviewed and updated as required during the Review).
62. Terms of reference should be reviewed periodically during the Review to ensure they remain appropriate in covering the identified objectives of the Panel/PAC.
63. Information may be sought from whoever a Panel/PAC deems to be appropriate, mindful of that source’s particular context and ‘interest’ in a given matter and doing so in a manner appropriate to the Review.
64. All information is requested from and sent to the States Greffe. If Chairs or members are sent information directly it should be forwarded to the States Greffe directly.

13. Gathering Evidence

65. A large part of the Panels’/PAC’s workload will involve taking evidence and gathering views. Panels/PAC will gather evidence formally through written submissions and oral evidence sessions. They may conduct fact- finding visits in order to clarify technical and practical issues. Panel/PAC members involved in fact-finding visits and other information-gathering activities, will be accompanied by a Committee and Panel Officer who will prepare a note of the findings to be considered as evidence in the preparation of the final report.
66. The Panels/PAC are free to seek evidence from whoever they wish and may request papers and records from private bodies and individuals where these are relevant to the Panel’s remit.
67. Panels/PAC will need to consider how best to engage stakeholders, the media and the general public in the issues under review. They may choose innovative and imaginative information-gathering activities.
68. Panels/PAC must take steps to acquire information in a reasonable manner and should follow the process established by the Engagement Protocol in the case of information requested from Ministers, Directors General/Accounting  Officers,  Departments  or  States  owned/funded bodies.

69. If  information  is  not  forthcoming  in  a  timely  fashion  from  non- governmental sources, the Chair, through the States Greffe should write formally to the person from whom the information was requested.
70. In the event that the information is still not forthcoming the matter should be passed to the Scrutiny Liaison Committee for follow-up.
71. There are certain criteria to be met and procedures to be followed before the  decision  to  issue  a  summons  is  taken,  as  contained  in  the Regulations.

14. Written Submissions

72. In undertaking a scrutiny review, it is likely that Panels will wish to invite comment  and  information  from  potential  interested  parties.  For  this purpose, the Panels will make an open call for evidence through various means, which may include the website, press releases, media coverage and formal notification in the press. In addition, the Panels may make a direct request for information and comment to individual organisations.
73. The Committee and Panel Officers are responsible for the receipt and collation of all written evidence. If the Chair or Panel/PAC members receive evidence directly they should pass it to the Committee and Panel Officers in the first instance.
74. The  Panels/PAC  are  committed  to  the  principle  of  open  access  to information.
75. Submissions  must  be  treated  in  accordance  with  data  protection legislation. To this end, Committee and Panel Officers will undertake a privacy impact assessment as a matter of course at the scoping phase of each review and agree a framework with the Panel/PAC for the processing of sensitive data.
76. In principle, all written evidence received by the Panel/PAC will be published on the website. However, where a witness considers that the information to be provided is of a sensitive or private nature, a request for the information to be treated in confidence by the Panel/PAC should ideally be submitted through the Committee and Panel Officer in advance of a submission being made, However, such an agreement can also be reached after a submission has been made.
77. In addition, it may be determined through liaison between the Committee and Panel Officer and the Panel/PAC that certain information must be treated in confidence, despite a witness considering that the information being provided is not of a sensitive or private nature. As with the above, the Committee and Panel Officer will ensure that the intentions of how

the information is to be handled by the Panel/PAC is made clear to the person or organisation making the submission.

78. While  confidential  submissions  will  therefore  be  processed  for Panels/PAC to consider as above, anonymous submissions will not be considered as their authenticity cannot be verified.
79. Any disagreement on the part of a witness as to the Panel’s/PAC’s intended or actual treatment of information should be referred in the first instance  to  the  Scrutiny  Liaison  Committee  and  thereafter  to  the Privileges and Procedures Committee if a resolution is not found.

15. Hearings

80. As  a  matter  of  principle,  Panel/PAC  hearings  (evidence  gathering sessions) are held in public and will be webcast live and the audio recorded, with transcripts being uploaded to the website at the earliest opportunity. Meeting rooms have been set up for this purpose in the States Building but the Panels/PAC may choose to hold a hearing on a digital platform or at an alternative venue. Normally, only where there is information  of  a  confidential  or  personally  sensitive  nature  will  a Panel/PAC hearing be held in private session. In such circumstances, a Panel  will consider  publishing a  full  or  redacted  transcript  after  the hearing  if  appropriate.  Such  decisions  rest  with  the  Panel/PAC concerned,  in  liaison  with  the  witness  concerned  and  advised  as appropriate by the Committee and Panel Officer.  
81. Panels/PAC will decide who they wish to invite as witnesses. Witnesses may include individuals or organisations that have submitted written evidence, but do not have to be limited to those. No organisation or individual  has  the  automatic  right  to  give  evidence  –  it  is  for  the Panel/PAC to decide who it wishes to invite but Panels/PAC will make every reasonable effort to consider all relevant evidence.
82. Panels/PAC will arrange and publish dates for oral evidence to be given at public hearings, providing witnesses with reasonable notice of all the Panel’s/PAC’s requirements. The Panels/PAC will inform the witnesses of the key areas of questioning, as opposed to fully detailed questions, it wishes to focus on at least five working days in advance of the hearing. This is to enable witnesses to prepare themselves fully to address the objectives of the Panel/PAC.
83. The primary purpose of oral evidence sessions is to put questions to witnesses in order to elicit information and views which the Panel/PAC will subsequently consider in preparing its report. Panels/PAC should ensure that their questioning is related to the topic and their terms of reference. Panels/PAC must endeavour to put witnesses at their ease to

provide an environment which encourages openness and a willingness to provide information.

84. Witnesses requested to attend on a Panel/PAC will not be remunerated for travel, loss of earning or other expenses. If a Panel/PAC feels that there should be an exception, a request will be made to the Scrutiny Liaison Committee.
85. Members of the public who are admitted to a Panel/PAC public hearing will be expected to comply with the conditions of behaviour as determined by the Scrutiny Liaison Committee. Their attendance will be on the basis of an observer. No intervention into the public hearing will be permitted.
86. The Chair may request that any member of the public who does not observe these conditions be removed from the hearing room or digital platform and excluded from the remainder of that public hearing. In the event that a member of the public refuses to leave, the Chair may close the hearing.
87. Following the public hearing, a draft transcript will be uploaded to the website at the earliest opportunity, but witnesses will be provided with a draft copy of the transcription for correction of any inaccuracies in the text. Substantial revisions to the verbatim text will not be permitted. However,  the  Panels/PAC  may  accept  further  clarification  from  the witness regarding points made during oral evidence. Should changes be agreed by the Panel/PAC, the draft transcript previously uploaded to the website will be replaced.

16. Review Output

88. There are a number of outcomes from which a Panel/PAC may select, including:

1. A full formal report (S.R./PAC), presented to the States
2. Formal ‘Comments’ to a Proposition, presented to the States
3. A Proposition and/or Amendments
4. Publication of evidence received
5. Media/Public engagement

89. All  outcomes  should  be  made  public,  except  in  exceptional circumstances as agreed by the Panel/PAC.

17. Report and Comments: Preparation and Presentation

90. Once all evidence has been collated, Committee and Panel Officers will present  draft  Heads  of  Report,  i.e.  the  report’s/Comments’  outline sections and headings structure. This will have been quality assessed within the States Greffe, and presented for approval by the Panel/PAC.

91. The Committee and Panel Officer will then draft a full, impartial and objective report/Comments based on evidence received, which will be internally quality assessed by the States Greffe ahead of circulation to the Chair in the first instance (see also Section F Role of Chair) and subsequently  the  members  of  the  relevant  Panel/PAC.  Panel/PAC reports (and alternative output, see P) should be factual and based on evidence  received.  They  should  not  contain  members’  subjective observations or criticisms and avoid political and personal agendas.
92. In order to ensure that the evidence received is fairly and accurately reported, once it has considered and approved the body of a draft Panel/PAC report the Panel/PAC will circulate relevant draft sections of the report to all witnesses and allow up to five working days for comment in advance of finalising the report. Normally these draft sections will be factual  or  descriptive  passages  and  will  not  include  findings  or recommendations. This process is intended to apply to reports in the S.R./PAC  series  and  is  therefore  optional  for  Panels  in  respect  of Comments papers.
93. The Panels/PAC will carefully consider the comments received from all witnesses but retain discretion in determining any amendments to the main body of the draft report.
94. Panel/PAC members’ prime focus will be on the formulation of their findings and recommendations based on the evidence received. These should also not contain subjective criticism and avoid personal and political agendas.
95. Once the Panels/PAC have finalised and approved their report it will be formally presented to the States for information in a specific series of reports  for  Scrutiny/PAC.  The  report,  together  with  its  findings  and recommendations, remains confidential to the Panel/PAC until it has been  presented.  Comments  should  be  presented  to  the  States  in accordance with Standing Orders.
96. In addition to States Members, the Panels/PAC may decide to release an advance  copy  of  the  report/Comments  under  embargo  to principal witnesses and to the media in order that they might prepare appropriate news coverage. Particularly in the case of reports, as part of their public engagement strategy the Panels/PAC may decide to arrange a media and/or public launch event at the time of publication, led by the Chair (or another member as delegated).
97. A copy of the report will be sent, on publication, to all witnesses.

18. Report Follow up

98. Panels/PAC will endeavour to ensure that all reviews are appropriately followed up. Upon publication of the report or Ministerial Response,

Committee  and  Panel  Officers  will  recommend  to  Panels/PAC  an appropriate course of action for follow up, the initial phase of which should commonly be undertaken within 3-6 months of Panel reports. The Committee and Panel Officer will implement the necessary arrangements as agreed by the Panel/PAC.

19. Legal Advice  

99. There would be significant cost to the public if Scrutiny Panels/PAC engaged  external  lawyers  on  a  regular  basis.   Accordingly,  where possible, Scrutiny Panels and the PAC should seek advice from the Law Officers’ Department. The Law Officers’ Department gives independent advice  and  can  provide  legal  advice  to  Scrutiny  Panels  and  to Ministers/Accounting  Officers  and  does  so.   If  the  Law  Officers’ Department is required to advise more than one party on the same set of facts  then  they  will  do  so  on  a  consistent  basis  and  subject to confidentiality.

100. In addition to any preliminary discussion a Panel/PAC may request on a

matter under its consideration, a Scrutiny Panel/PAC can request legal advice from the LOD by emailing the Attorney General, Solicitor General or  the  Director  of  the  Civil  Division.  The  request  should  include  a summary of the background to the request and enclose any relevant documents. The request should specify the questions in relation to which advice  is  sought  and  set  out  the  timescale  for  the  Review  being undertaken.

101. The Law Officers’ Department will respond within five working days

indicating whether it can advise and if so by when. If the Law Officers’ Department cannot advise for any reason then it may assist the Panel in obtaining legal advice from a lawyer in private practice to ensure that best value and the correct expertise is obtained. When a Scrutiny Panel/PAC takes advice from a private sector lawyer, it is desirable that it should consider disclosing that advice to the Law Officers in order that any potential disagreement about what the law is can be identified and so that, in the event of such disagreement, discussions where appropriate can take place between the Panel/PAC and the Law Officers so as to minimise any potential difficulties for States Members.

102. It is recognised by the States and the Law Officers that the process of

seeking and taking legal advice from the Law Officers is confidential. There are three primary underlying reasons for this –

1. to ensure that there is no damage done to the public interest by the publication of legal advice given by Law Officers; publication of such advice would risk politicising the Law Officers’ Department and would inhibit the Law Officers from giving frank advice;

2. to ensure that there is no inhibition on the part of Scrutiny Panels or the PAC in taking advice for fear of its publication. It is in the public interest that decisions are taken on a correct legal basis and that adequate confidential legal advice is obtained to assist;
3. to ensure that there is no inhibition on the part of the Law Officers or lawyers within their Department in giving full and frank advice on all the matters which are raised with the Law Officers or one of the Departmental lawyers for advice, or which the Law Officers  or  the  advising  lawyer  consider  should  reasonably  be volunteered to Scrutiny, the Panels or PAC for consideration; and to ensure that the Scrutiny Panels make full disclosure of all material relevant to the advice sought to the Law Officer.

103. It is recognised that the same principles apply in respect of advice given

by the Law Officers to Ministers and their Departments. A Scrutiny Panel/PAC (including its officials) will not publish:

1. The fact that legal advice has been sought.
2. The facts which have been given to the Law Officers for the purposes of taking advice.
3. The legal advice which has been given to the Panel/PAC on the facts presented to the Law Officers.

104. This does not prevent a Panel/PAC making a statement in a Report to

the States as to what in its opinion the law is, or as to what its understanding is of the legal basis of the policy followed or decision taken. If the Law Officers’ Department has advised a Panel/PAC, the Law Officers’ Department will be provided with a draft copy of the Review  to  ensure  confidentiality  regarding  legal  advice  has  been maintained.

105. Panels/PAC should be careful to ensure that their reports do not

suggest that any conclusion or statement has been endorsed by the Law Officers.

106. Scrutiny  Panels/PAC  and  the  Law  Officers  recognise  that,  in

exceptional cases, the public interest, which is both different from and wider  than  the  political  interests  of  the  Panels/PAC  and  the professional interests of the Law Officers, may override the other public interest factors set out above, and make it desirable that the legal advice  given  to  Scrutiny  Panels/PAC  is  published.  In  such circumstances the prior written permission of the Attorney General must be obtained before publication.

20. PAC: Standalone Proceedings (see also Appendix B)

107. In  general,  the  operational  approach  of  the  PAC  will  reflect  that

adopted by the Scrutiny Panels. This section addresses those matters that apply only to the PAC.

108. The PAC considers how government policy is implemented and the

resources used in the execution of government policy. It does not consider the merits of policy objectives.

The Committee will be comprised of at least 4 members, 50% of whom shall be elected States Members and 50% shall be independent, non-elected members of the public. Where possible the independent members of the PAC should represent different areas of expertise. Non-elected members are recruited through a process that is consistent with the principles and guidelines established by the Jersey Appointments Commission, and which includes compliance with the requirements established by Appendix B of this Code.

Relationship with Comptroller and Auditor General (‘C&AG’)

109. The PAC and the C&AG are both independent, answerable only to the

States Assembly. The C&AG has a statutory duty to liaise with the PAC and will attend all meetings of the PAC. It is essential that the PAC and C&AG should work together whilst remembering that neither shall dictate to the other.

110. Administrative liaison between the PAC and the C&AG will be handled

by the Scrutiny section of the States Greffe. Meetings will be scheduled in conjunction with the C&AG.

111. It is unlikely, although permissible, that the PAC will require expert

external  witnesses  or  to  commission  external  expert  advice,  as technical  input  will  normally  be  supplied  by  the  C&AG.  Such circumstances would be exceptional and should be first discussed with the C&AG.

112. The C&AG will liaise with PAC on the development, delivery of and

changes  to  the  Audit Plan  set  out in  the Code  of  Audit  Practice presented to the States Assembly. This Plan will form the basis of the majority of the PAC’s work.

113. The C&AG has agreed to inform PAC members of the publication of a

report from the C&AG seven days prior to its publication. The C&AG may discuss reports prior to circulation with the Chair.

114. Copies of all C&AG reports will be made available to PAC members at

the same time as other States Members and the media.

115. The C&AG will be notified of all media releases to be issued by the

PAC prior to their wider distribution.

Review Topic Selection

116. The PAC’s primary role is to receive reports from the C&AG and to

report to the States upon any significant issues arising therefrom. It should also assess whether public funds have been applied for the purpose intended by the States, and examine whether extravagance and waste are being eradicated and sound financial practices applied throughout the administrations of the States.

117. In developing a balanced programme of Review topics, the PAC will

ordinarily prioritise the consideration of reports presented to the States by the C&AG. The PAC will also request an Executive Response from the relevant Department(s) on all C&AG reports and subsequently present that response to the States.

118. Notwithstanding the prioritisation of C&AG reports, the PAC reserves

the right to commence a Review concerning any topic that falls within its terms of reference as defined in Standing Orders, irrespective of whether the topic has been the subject of a report to the States by the C&AG.

21. Resources and work of the Scrutiny unit of the States Greffe

119. The main remit of the Scrutiny unit, based in the Committees and

Panels section of the States Greffe, is to provide an impartial and independent service to the Scrutiny Liaison Committee, the Scrutiny Panels and the PAC.

120. The  Assistant  Greffier  (Committees  and  Panels)  is  appointed  to

manage and oversee the section, including Officer resource allocation to Panels/PAC. Each of the Panels/PAC will be provided with executive and administrative support by one or more Committee and Panel Officers,  supported  by  a  Research  and  Project  Officer  and Communications  Officer  as  directed  by  the  Assistant  Greffier (Committees  and  Panels).  The  post-holder  will  also  provide  an executive support function to the Scrutiny Liaison Committee.

121. Committee  and  Panel  Officers  will  work  both  pro-actively  and

responsively  to  the  requirements  of  the  Panel/PAC,  working particularly closely with the Chair to fulfil agreed Panel/PAC actions and assisting the Chair to carry out of his/her responsibilities. The role of the supporting Officers includes:

• obtaining and collating information, documents, written and verbal reports and other appropriate information or evidence relevant to the  issue  under  scrutiny  and  processing  such  information  in accordance with data protection legislation

• undertaking research

• identifying and obtaining additional appropriate professional and technical  information,  including  expert  witnesses  or  advisers, when necessary

• advising  on  States  approved  procedures  and  protocols  and processes for conducting scrutiny reviews

• preparing briefing papers on matters arising

• providing executive and administrative support

• arranging, attending and recording meetings and hearings

• liaising  with  witnesses  regarding  submission  of  evidence, transcripts and representation of their views by the Panel/PAC

• drafting,  amongst  other  material:  reports,  comments, amendments, propositions, States questions, answers to States questions, Chair’s Statements to the Assembly, speeches and public hearing question plans for consideration by the Panel/PAC

• proposing  a  strategy  for  Panels/PAC  to  follow  up  report recommendations, and administering the implementation of the agreed actions

• liaising  with  ministerial  departments,  other  non-executive governmental  organisations,  media,  pressure  groups, stakeholders and other relevant external bodies

• ensuring that the scrutiny section of the States Assembly website is fully updated

• proposing  public  engagement/communications  strategies  for Reviews and other Panel/PAC work, preparing media releases and  other  promotional  material  and  undertaking  social  media activity as agreed in such strategies

22. Compliance

122. Any alleged infringements of this Scrutiny/PAC Proceedings Code

should be reported to the Scrutiny Liaison Committee, which will seek to determine an appropriate course of action.

123. The  Scrutiny  Liaison  Committee  might  write  to  the  relevant

Member/individual/other entity detailing the alleged infringement and invite them to a meeting to discuss the matter or provide a written response.

124. If  a  Member/individual/other  entity  accepts  responsibility  for  an

infringement,  the  Committee  will  determine  an  outcome.  Actions available to the Scrutiny Liaison Committee might include formally recording a finding that the Scrutiny/PAC Proceedings Code has been breached and the issuing of a verbal or written reprimand and/or in the case of Members, advice as to future conduct. The precise action taken will be dependent on the facts and seriousness of the infringement. The format  of  publication,  where  appropriate,  of  the  outcome  of  such processes,  will  be  agreed  in  consultation  with  the Member/individual/other entity concerned.

125. Where an alleged infringement, or outcome, is not accepted by a

Member/individual/other entity, the Scrutiny Liaison Committee will consider  whether  any  further  action  is  required.  If  so,  in  such circumstances  it  may  refer  the  matter  to  PPC/Commissioner  for Standards.

126. At any stage of the process, either the Member/individual/other entity

alleged to be responsible for an infringement, or the Scrutiny Liaison Committee, can request the matter be referred to PPC/Commissioner for Standards. Furthermore, reference of the matter to the Scrutiny Liaison Committee does not prevent PPC or the Commissioner for Standards  from  taking  up  a  complaint,  nor  another Member/individual/other entity referring the matter directly to those bodies as appropriate.

127. The Scrutiny Liaison Committee reserves the right established by

Standing Orders to seek alternative remedy via the States Assembly.

Appendix A

Advisory Notes for Chairs regarding options for dealing with alleged infringements of the Protocol for Engagement Between Scrutiny Panels/PAC and the Executive

The following paragraphs are intended as guidance only to Chairs of Panels/PAC and the Scrutiny Liaison Committee in the event of a dispute or disagreement with any person engaging with Scrutiny or Scrutiny Panel Members in respect of the Code of Practice for Engagement Between ‘Scrutiny Panels and the Public Accounts Committee’ and ‘the Executive’. The guidance is not intended to be exhaustive and Chairs and the Scrutiny Liaison Committee retain discretion to deal with matters as they consider fit having regard to all relevant circumstances.

This guidance is intended:

1. To assist Chairs in determining reasonable and proportionate steps to take in resolving disputes or tackling instances of non-co-operation
2. To foster a consistent and unified approach from Scrutiny Chairs where appropriate
3. To demonstrate the collective intent of Scrutiny in having a fair and robust accountability mechanism

Possible courses of action, in no particular order of priority and dependent on the status (e.g. Member/individual/other entity etc) of the subject of the alleged infringement, might include:

• a private discussion; private correspondence; public correspondence; arranging attendance at a Panel or Committee meeting (the outcome of which may or may not be minuted); arranging attendance at a public hearing

• reference to the Scrutiny Liaison Committee; request to President of the Scrutiny Liaison Committee to raise the matter with the Chief Minister; reference  to  the  Privileges  and  Procedures  Committee  and/or Commissioner for Standards; mediation by an independent mediator

• Statement  to  the  States  Assembly;  Censure  motion;  Vote  of  no confidence

Appendix B

B1

Lay Members of the Public Accounts Committee Code of Conduct

The purpose of this code is to establish the standards expected from those who are appointed by the States Assembly to serve the public of Jersey as lay members (i.e. not elected States Members) of the Public Accounts Committee (PAC). It complements the required approach to operational matters of the PAC as prescribed by the Scrutiny and Public Accounts Committee Proceedings: Code of Practice.

Compliance with this code is compulsory, and acceptance of its terms during the selection process is a condition of an individual’s subsequent nomination. Appointees are deemed signatories of the code upon appointment. It is the responsibility of all appointees to ensure that they are familiar and comply with its provisions. Any upheld breach should be viewed as a significant indiscretion.

1. General: The Seven Principles of Public Life

Lay members of the PAC are expected to observe the ‘Nolan Principles’ that underpin the ethical standards expected of public office holders. These are:

• Selflessness

Holders of public office should act solely in terms of the public interest.

• Integrity

Holders of public office must avoid placing themselves under any obligation to people or organisations that might try inappropriately to influence them in their work. They should not act or take decisions in order to gain financial or other material benefits for themselves, their family, or their friends. They must declare and resolve any interests and relationships.

• Objectivity

Holders of public office must act and take decisions impartially, fairly and on merit, using the best evidence and without discrimination or bias.

• Accountability

Holders of public office are accountable to the public for their decisions and actions and must submit themselves to the scrutiny necessary to ensure this.

• Openness

Holders of public office should act and take decisions in an open and transparent manner. Information should not be withheld from the public unless there are clear and lawful reasons for so doing.

• Honesty

Holders of public office should be truthful.

• Leadership

Holders of public office should exhibit these principles in their own behaviour. They should actively promote and robustly support the principles and be willing to challenge poor behaviour wherever it occurs.

2. Political Activity

In this role the lay member must be, and seen to be, politically impartial. The member must maintain discretion on matters relating to the work of PAC and recognise that certain  political  activities  could  be  incompatible  with  their  membership.  Political statements should not be made, nor political activity undertaken, on issues that are of direct relevance to the work of PAC.

The lay member will not hold a high-profile (or paid) post in a political party. They are expected  to  refrain  from  prominent  or  controversial  political  activity,  abstain  from creating traditional or e-petitions and should not stand for election while in post (he or she will resign before doing so).

The Chair of PAC should be consulted before undertaking any other political activity. Subject to this and the above context, the member can engage in political activity, whist remaining mindful of their responsibilities and obligations as a PAC member.

In the event of there being doubt as to whether this aspect of the Code has been or might be engaged, the Chair of PAC must be consulted.

3. Responsibilities towards employees

Lay members of PAC will treat all public sector staff with respect and courtesy, in the same way that it is expected that employees’ behaviour will reflect the very same standards.

They will not in any way request or induce employees to act in a way that would conflict with the terms and conditions of their employment.

4. Social Media

In adhering to all parts of this code, as a public forum the same considerations apply to social media as they would to speaking in public or writing material for publication. This is irrespective of using any such platform in a personal or official capacity.

Where any personal social media accounts used by the lay member make reference or connection to their role on PAC, the lay member must take care to ensure that it is clear what capacity it is that they are acting in.

When engaging on social media platforms the lay member should at all times respect all confidentiality that applies to any of the information being referenced.

5. Conflicts of Interest

When considering applying, and if accepting to be proposed, for appointment by the States Assembly to PAC, an individual should consider if any conflicts of interest arise (direct/indirect/perceived) from their private interests or by virtue of any other roles held.

At either stage advice should be sought from the Greffier of the States and any such actual or potential conflicts raised. Where conflicts of interest are identified, agreement should be made with the Greffier and the Chair of PAC on the appropriate management of the conflict and/or course of action.

The lay member must ensure that no subsequent conflict arises, or could reasonably be perceived to do so, between their public duties and private interests, financial or otherwise.

The lay member must be transparent on such matters at all times. They must comply with the rules regarding the declaration of interests governing the PAC, as set out in section J of the  Scrutiny and PAC Committee Proceedings: Code of Practice  on handling conflicts of interests.

6. Use of information

Lay members must be mindful that confidential information received in the course of the Committee’s work should only be used in connection with that role.

Information received in this capacity must never be used for the purpose of financial gain. Furthermore, it should not in any way be used in their own personal interest or that of their families or friends.

The member should not disclose publicly, or to any third party, personal information about named individuals which they receive in the course of their role. The members must at all times have regard to all relevant  statutory obligations (including data protection/privacy, financial and human rights legislation) when dealing with confidential information and be aware of the consequences of breaching confidentiality.

These responsibilities continue to apply after they have left the Committee.

7. Gifts and Hospitality

PAC’s lay members should not accept gifts (directly or indirectly through family and friends), hospitality or services that might appear to place them under any form of obligation to the giver, or be seen to compromise their personal judgement or integrity. They will not seek gifts or hospitality, but if receiving them the member should ensure that this could not bring the PAC into disrepute. They should consider whether they would be prepared to justify acceptance to the public.

8. Miscellaneous Responsibilities

Appointees should:

• play a full and active role in the work of PAC, undertaking the role responsibly, acting in good faith and in the best interests of the work and reputation of PAC

• promote an inclusive and diverse culture and environment around PAC where different perspectives and backgrounds are welcomed. Harassment, bullying, acting  inappropriately  towards  or  discrimination  towards  any  person  is unacceptable

• deal with officials, the public and other stakeholders professionally, fairly and efficiently, avoiding acting in a way that unjustifiably favours or discriminates against particular individuals or interests

• fulfil effectively any statutory or administrative requirements relating to their position

• inform the Chair of PAC and the Greffier of the States of any bankruptcy, current police  investigation,  unspent  criminal  conviction  or  disqualification  as  a company director in advance of proposed appointment, or should any such instances occur during the appointment

9. Concerns about breaches of the Code

If an appointee or any other person has a concern about a possible breach of this code it should be raised with the Chair of PAC and/or the Greffier of the States. The Greffier will investigate any allegation of a breach of the code and report his/her findings to the PAC Chair who has the right to raise the matter with the full Committee. The Committee has the option of publishing a report on the matter, of inviting the lay member to consider their position and, ultimately, bringing a proposition to dismiss the lay member.

B2 – Conflicts of Interest (application process declaration) Lay members of the Public Accounts Committee (PAC)

This appointment requires the highest standards of propriety, involving as it does impartiality, integrity and objectivity in relation to the scrutiny of public funds and public sector  governance  frameworks.  It  is  important,  therefore,  that  you  consider  your circumstances when applying for this appointment and identify any potential conflicts of interest, whether real or perceived. This includes any private, voluntary or charitable interest which might be material and relevant to the work of PAC should be declared. There is a requirement to declare below any actual, potential or perceived conflict of interest you may have in being appointed. Any such conflict of interest will be fully explored by the selection Panel prior to appointment.

Potential or actual conflicts of interest arising after appointment must be managed in accordance with the Lay Members of the Public Accounts Committee: Code of Conduct and the provisions of the Scrutiny and Public Accounts Committee Proceedings: Code of Conduct.

Position applied for: Lay member of PAC

Name:  

Declaration:

B3 – Political Activity (application process questionnaire) Lay members of the Public Accounts Committee (PAC)

Lay members need to show political impartiality during their time on the Committee and should not, during their term of office, undertake any political activity as outlined in the Lay Members of the Public Accounts Committee: Code of Conduct.

It is appreciated that some candidates may well have undertaken political activity in earlier periods. The political activity questionnaire will only be seen by the selection panel prior to interview, at which stage the panel may explore any such activity with candidates.

Please indicate which of the following activities you have undertaken during the past five years by ticking the appropriate box and by providing details of your involvement. Name the individual, party or body for which you have been active. If you have sought or obtained a position as a representative of a particular public/industry interest group, you should state this.

Name of applicant:

Please tick all relevant categories

 

Held a position in a political organisation or public/industry interest group
Spoken in public on matters of Island political controversy
Expressed views on political matters in the media or in books, articles or leaflets, or on social media sites such as Twitter or Facebook
Been a candidate for election to the States Assembly
Canvassed on behalf of a candidate/party for election to the States Assembly
Participated in forums, workshops of similar activities arranged by sitting States Members, party or politically influential organisations
Been involved in campaigning in an Island referendum campaign.
None of the above activities apply

Name of Member/Party for which activity undertaken:  

Note: this questionnaire is strictly for the use of the selection panel only, to inform shortlisting and interview discussions.

Political activity, potential or actual, arising after appointment must be managed in accordance with the Lay Members of the Public Accounts Committee: Code of

Conduct and the provisions of the Scrutiny and Public Accounts Committee Proceedings: Code of Conduct.