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Chairmen's Committee - Approved Committee Minutes - 10 January 2006

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CHAIRMEN'S COMMITTEE

Meeting of Chairmen held on 10th January 2006

Present Deputy R C Duhamel, President

Deputy F J Hill

Deputy G P Southern

Deputy S C Ferguson

Deputy P J D Ryan

Apologies

Absent

In attendance Mrs K Tremellen-Frost, Scrutiny Manager

Mrs C. Le Quesne, Scrutiny Officer [Item 1 only] Mr M Haden, Scrutiny Officer [items 2 &3 only]

 

Ref. back.

Agenda matter

Action

1.

20.12.05 Item 7

Receive Chief Minister, Chief Executive and Strategic Planning Manager.

The  delegation  was  welcomed  to  the  meeting  and discussed  the  working  practices  to  be  applied  for  the effective working of Scrutiny and the Ministerial system.

Attention  was  given  to  the  learning  curve  still  to  be achieved and it was agreed that the Chief Minister would make  himself  available  to  attend  Chairmen's  Panel meetings  when  necessary.  It  was  also  agreed  that meetings with the full Council of Ministers would be less frequent and only when a specific issue required such a meeting. It was further agreed that, in principle, the first of these should be arranged for the end of February 2006.

The timings of lodging the budget and the States Strategic Plan  were  discussed  and  discussion  ensued  as  to the most appropriate time for Scrutiny to become involved in the  reviewing  of  future  documents.  It  was  agreed  that further  discussion  would  be  required  and  that  some thought should be given to the involvement of Scrutiny in the development of the 2007 documents at the earliest opportunity to ensure a proactive approach. It was noted that during the Shadow period budget process had been reviewed but that in the future Scrutiny would be required to undertake a more comprehensive review in accordance with its remit.

The  meeting  agreed  that  good  governance  required  a cooperative approach with an efficient flow of complete and thorough information. The Committee was assured that Ministerial decisions would be recorded in such as way as to ensure that all background documentation and related reasons for decision making were made available for Scrutiny if required. It was accepted that an effective audit trail of documents that provide evidence for decision making was essential. The Committee was advised that it was  the  Chief  Minister's  intention  to  ensure  that  the information required was made available to Scrutiny as it was an obligation of the Ministers to provide such, and that

 

 

the divulgence of the information would be subject to the previous  confidentiality  requirements  as  the  former Committee system with the continuation of Part A and Part B items. The suggestion from the Chairmen's Committee that there should be a standardised approach to decision recording  across  the  States  was  noted  by  the  Chief Minister. The Chief Executive undertook to investigate the possibility  of  Scrutiny  members  having  access  to "Live link".

The  Committee  noted  that  the  Chief  Minister  did  not support  Scrutiny  Chairmen  attending  the  Council  of Ministers as that body needed to be able to undertake its work  as  a  team  in  private.  It  was  also  noted  that  the Council of Ministers would undertake its work in private due to the confidential nature of issues with which it was involved.

The Ministerial role and delegation to Assistant Ministers was explained to the Committee in order to clarify the situation.

Documents provided from Chief Minister [attached]

BO

Report  to  Council  of  Ministers  [16.12.05]:First Strategic Plan

Report to Council of Ministers [16.12.05]: Work

Programme

2

20.12.05 Item 14

Meeting with Chief Minister, Chief Executive and H.M. Attorney General regarding access of Scrutiny to legal advice given to Ministers and legal advice to Scrutiny Panels.

It was agreed that this item would not be minuted to afford a non-constrained discussion to occur.

The outcome was that a draft protocol would be prepared by the Scrutiny office by way of summary of the discussion which would be circulated to the Chief Minister and H.M. Attorney General [attached]

It was agreed that the Chief Minister would take the matter to the Council of Ministers at the earliest opportunity. Once the matter had been agreed, it would be incorporated into the Scrutiny Code of Practice for lodging "au Greffe". This would necessitate a delay in taking the Code of Practice to the States.

MH /KTF

3

20.12.05 Item 14

Meeting  with  H.M.  Attorney  General  and  Data Protection Commissioner

The Committee noted that complications arose when the Office  of  the  Data  Protection  Commissioner  was  not involved at an early stage in the development of States policy initiatives. There was a need to be aware of such matters before they were released into the public domain so that advice could be given at an appropriate stage.

 

The Committee, having noted this, agreed to inform the KTF/ Chief  Minister  of  the  matter  and  to  advise  that RD Departments  be  instructed  to  contact  the  Office  of  the

Data Protection Commissioner as a matter of course at an

early stage of policy development.

4 Date of next meeting

The Committee agreed to hold a further supplementary meeting during States recess on 17th January 2006 to consider the draft booklet for circulation to the public.

Date  of  next  scheduled  meeting:  27th  January  2006 commencing at 9.30am.

Signed

.. President, Chairmen's Committee