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Chairmen's Committee - Approved Committee Minutes - 15 December 2006

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CHAIRMEN'S COMMITTEE Meeting No. 35 held on 15th December 2006

 

Present Deputy R C Duhamel, President

Deputy R.G. Le Hérissier, Vice-President Deputy A. Breckon

Deputy F. J. Hill

Deputy G. P. Southern

Deputy S. C. Ferguson

Deputy J. G. Reed

Deputy P J D Ryan

Apologies

Absent

In attendance Mrs K Tremellen-Frost, Scrutiny Manager

Mrs A. Harris , Deputy Greffier (for a time) Mrs C. Le Quesne, Scrutiny Officer

Ref Back

Agenda matter

Action

1

Welcome

The President welcomed Deputy A. Breckon to the Chairmen's Committee. He extended the Committees congratulations on his appointment as Chairman of the Health, Social Security and Housing Scrutiny Panel

 

2

Minutes

The Minutes of 20th November and 5th December 2006 were approved.

 

3.

Matters arising and matters for information -

(a) 20th November 2006 - Item 6

Mobile Telephone Masts - The Committee recalled that it had considered  P144/2006 "Committee  of  Inquiry:  Mobile Telecommunications" lodged "au  Greffe" on  2nd  November 2006 proposed by Deputy P.J.D. Ryan and that it had agreed that it did not fall within the remit of the Corporate Services Panel.

The  Committee  discussed  the  States' consideration  of  the proposition  and  its  subsequent  withdrawal  and  referral  to Scrutiny under Standing Order 79. The President had advised that the States that Scrutiny would consider whether the issue was appropriate for its investigation or if the issue should be subject to a Committee of Inquiry. The Committee discussed the process used and the President's approach, it was agreed that clearer lines of communications to reflect a corporate Scrutiny approach  were  required  to  ensure  that  the  process  was reflected in a positive way.

Scrutiny Members Protocol

The  Committee  discussed  the  rights  of  its  membership  to continue in their individual roles as States members, in addition to  having  regard  to  their  collective  responsibilities  in representing their Panels and Scrutiny as a whole.

GOS/CLQ

 

It was agreed that a clear communication process was required and that a draft protocol should be developed on that basis. The protocol would emphasise the requirement for members to be aware of what was occurring within its membership and would be developed without imposing any restrictions on the role or rights of an individual member.

Deputy J. Reed agreed to be involved in the drafting process and to report back to the Committee;

  1. IdeaWorks template - The Greffier would be meeting with Idea Works to progress the development of an advertising template;
  1. Panel activity reports - The Chairmen agreed that they would in future provide a paper outlining the activities of their Panels for inclusion onto the agenda to speed up the reporting back process.

 

4.

Corporate Services Panel update

The Committee noted the following activity of the above Panel -

  1. Panel would be looking at the process of developing the States Business Plan;
  1. The Sub-Panel was making progress in respect of GST Review  further  research  and  possible  hearings  were being planned prior to a final report in time for the States debate;

3 The Sub-Panel chaired by Senator Perchard to review Overseas Aid was progressing and further submissions were awaited  from  interested  parties,  hearings  were planned for the end of January 2007 and an appropriate advisor was in the process of being appointed;

4. The 0/10 Sub-Panel chaired by Senator J. Perchard had been afforded access to the draft 0/10 legislation and had identified some areas of concern. The Panel was likely to examine practices in other jurisdictions. Initial consideration had raised questions with regard to the enforceability  of  the proposals.  It  was  likely  that  the whole Panel would pursue a further review on the subject and seek to retain the services of the advisor Mr.  Richard  Tether  subject  to  Panel  approval. Comments on the draft legislation would be presented to the States in January 2007;

The Committee was also advised that the Panel believed that it was important that part of its improved communications through Orchid would be to relay the message that the Reviews being undertaken, together with the high calibre of advisors retained, really did reflect value for money.

 

5.

Education and Home Affairs -

 

The Chairman advised that the restructuring of the Panel had been agreed with the appointment of a new Vice Chairman. He explained some of the challenges which had been faced by the Panel  as  a  result  of  taking  on  an  ad  hoc  review,  namely Overdale,  and  the  impact  of  that  additional  work  on  the resources  available  to  the  Panel.  He  explained  that  whilst essential to undertake reviews covering issues in response to public concerns, it was important to be aware of the impact on other reviews and the finalisation of reports.

The Committee noted the following activity of the above Panel -

  1. Deputy J. Gallichan had replaced Deputy J. Martin whohad joined the Health, Social Security and Housing Panel;
  2. Deputy D. Mezbourian had been elected vice Chairman ;
  3. That  the  Panel  would  be  discussing  its  future  workprogramme early in 2007;
  4. The Overdale Review was coming to a close and thereport was currently being drafted and would be finalisedshortly;
  5. Centeniers - the report was currently being drafted by thelead officer;
  6. GP out of Hours report to be drafted after presentation ofOverdale Report;
  7. The  Panel  had  met  with  Education  Minister  andassurances  had been  given  about  the  submission  ofpapers with regard to the Youth Service and Early Years;
  8. The  Panel  was  still  waiting  for  the  Performanceimprovement Plan from the Home Affairs Minister.

6. Economic Affairs Panel

The Committee noted the following activity of the above Panel -

  1. Jersey Telecoms - The Sub-Panel had facilitated an evening lecture with Mr. Massimo Florio as the speaker. The  lecture  had  been  in relation  to  the  issue  of privatisation and had been well attended. It had provided a very interesting insight into the issue from an academic professor's  perspective.  No  Minister  had  attended  the event. The Sub-Panel was aiming to complete its report by mid February 2007;
  2. Dairy - the Sub-Panel chaired by Deputy A. Breckon had just completed three  days of Hearings  in  the  States Chamber which had been very well attended. The report would  be completed  in January  2007.  Thanks  were extended to Nathan Fox and Fiona Bryans for their work in connexion with the hearings. Deputy Breckon advised the Committee that the issue with regard to the covenant attached to Howard Davis farm had been resolved

The  Committee  was  advised  that,  whilst  resources  had  an

 

implication  on  reviews,  another  key  issue  to  consider  when planning  the  work  programme  was  the  delays  in  obtaining information  from  Departments  and  waiting  for  consultants reports.

 

7.

Environment Panel

The Committee noted the following activity of the above Panel -

  1. Planning  Process -  the  report  was  drafted  and  with review members although some delays were currently faced due to the availability of the drafting officer. It was noted  that the report  would  be finalised as soon  as possible;
  1. Waste  Management  review  was  progressing  with  a report to be drafted by the Chairman and lead officer over the Christmas period. The Committee was advised that  the recent  fact  finding  trip  to  Cardiff  visiting  a recycling plant and attendance at an energy conference had been very useful to the Panel. In addition it had afforded  that  Panel  an opportunity  to  meet  with  its political counterparts;
  1. Design of Homes Review was progressing and the call for evidence had been advertised in the Jersey Evening Post, hearings would be held in the new year.

 

8.

Health, Social Security and Housing Panel

The Committee noted the following activity and plans of the above Panel -

  1. The Panel would be developing a work programme early in 2007 and that it would be challenging to address all of its areas of responsibility given the size of the remit and the officer resource available;
  2. Telephone masts The Chairman also raised the issue of possibly undertaking a telephone masts review given the level of concern raised by the general public and the view that the masts could be detrimental to health. He advised that his Panel would be prepared to undertake a very short focused review dealing with that one aspect of the issue subject to resources being made available. The aim of the Panel would be to hold a number of public hearings in a very short time frame to provide individuals with an opportunity to have their voices heard. He anticipated that the review would take two months.

The Chairman asserted that part of his Panel's proposal was  that  such  a  review  would  be  likely  to  initiate  a significant  amount  of  public  response  and  provide  a vehicle with which to engage the public in a meaningful way.  The  proviso  for  the  Panel  to  undertake  such  a focused review would be the provision of an officer either from  the  existing  Scrutiny  Officer  team  or  through  the recruitment of an individual project manager seconded or contracted to a short term post.

 

The  Committee  discussed  the  proposal  suggested  by  the Chairman of the Panel and was concerned that such a focused and brief review would not address crucial issues relating to the increase  in  telephone  masts.  These  included  the  level  of competition  a  small  jurisdiction  could  support,  the  economic implications of continued competition and the sustainability of the  services  together  with  the  environmental  impact  of  the number of masts that may be required.

It  was  accepted  that  the  Minister  was  likely  to  be  under  a considerable  amount  of  time  pressure  and  that  any  review should be undertaken in a short time frame. However, concern was expressed by the Committee that a health aspect review would be insufficient and not portray the purpose or role of Scrutiny in a positive way. The pressure on Panel resources was discussed and issues such as secondments and project manager  contract  appointments  were  discussed  to  alleviate some of the pressure on Scrutiny Officers. Given the time that would be required to recruit staff on an ad-hoc basis, and their lack of background in scrutiny reviews, this was considered not to be an option, although secondment opportunities could be explored  further  if  required.  The  Committee  noted  the  time pressures associated with the proposed review and decided that it would not support a short review. Deputy Ryan advised that he would represent his proposition to the States and seek its support for a Committee of Inquiry into the subject.

Deputy Breckon maintained his offer to undertake a short review subject  to  an  officer  being  allocated  to  it.  The  Committee decided that it would not pursue that option but support Deputy Ryan in his effort to gain States support for a Committee of Inquiry.

The  President  advised  that  he  did  not  consider  that  option appropriate and that it would suffice to provide the public a chance  to  voice  their  concerns  and  for  those  views  to  be presented in a report.

The Committee also discussed the Panel name but following consideration decided that it had been appropriately named to reflect its areas of responsibility.

9. Staffing and Budgets

The Scrutiny Manager advised the Committee of the Officer allocation to be applied during 2007.

The Committee noted the following -

That  as  previously  discussed  in  the  report  back  from  the Chairman of the Health, Social Security and Housing Panel, there  was  a  possibility  of  providing  a  Scrutiny  officer  to undertake a Telephone Masts Review subject to it being very short, it was agreed that should a review be pursued the officer should  be  made  available.  Discussion  on  project  officer appointments to undertake specific reviews took place during which  issues  of  subject  familiarisation  and  HR  recruitment procedures were acknowledged;

 

The impact of the States of Jersey Law with regard to budget carry  forwards  was  noted  and  it  was  recognised  that expenditure could only be allocated from the budget for goods or services to be received in that year. The Committee would consider the way forward with regard to raising the issue of a three  year  budget  allocation  for  reviews  at  a  subsequent meeting and the President would discuss the issue with the Accounting Officer;

The Committee requested that the Scrutiny Manager provide quarterly management accounts relating to each review.

President KTF

10

Succession Planning

The  Committee  discussed  a  proposal  relating  to  succession planning and considered the role of President of the Chairmen's Committee and possible future rotation was discussed.

It  was  recognised  that  Standing  Orders  did  not  give  the President any significant authority over the Committee, but it was accepted that the role was one of communicator for the Committee and Scrutiny. It was agreed that lessons with regard to  communication,  and  on  occasion  the  need  for  improved communications,  had  been  learnt.  The  measures  previously adopted to ensure that all States members were informed of Scrutiny  activities  would  be  enhanced  to  include  all  States members receiving Chairmen's Committee agendas and signed minutes.  In  addition  it  was  agreed  that  a  protocol  outlining members informing each other as a courtesy of action being taken would be developed. Deputy J. Reed would assist in the development of the protocol.

Deputy Reed

11.

Members Training

The  Committee  was  discussed  the  training  which  had  been identified as follows -

  1. Media - 13 members had expressed an interest in being provided  with  media  training.  A  suggested  training programme from CTV was considered but rejected on the basis of cost. The Committee would not support the training and suggested that funding should be provided by participating members or that a less expensive option was identified.
  1. Questioning Skills - It was noted that the former Social Affairs Panel had investigated its own training within its areas  of  responsibility.  It  was  agreed  that  more information  would  be  sought  on  the  States-run Investigative  Interviewing  training  and  that  further alternative providers should be identified. The Scrutiny Manager was requested to investigate further options.

Scrutiny Manager

12.

Public Engagement Group and Orchid Report

The Committee received a report from Deputy J. Reed following a PEG meeting on the 14th December 2006.

Deputy Reed advised that PEG had now received a draft Public

 

Engagement  Strategy  from  Orchid  Communications  and  that this had been a partnership document, in addition work was progressing on the development of an information booklet to explain the role and function of Scrutiny which would be made available  to  the  public  and  provide  them  with  a  better understanding of how they could engage in the process.

Deputy Reed advised that the Orchid appointment contract was shortly coming to the end and that it was the recommendation of PEG that it be extended for a further period of six months. He explained  that  much  of  the  work  undertaken  was  not  at completion stage and that the additional time frame would allow for the raising of public awareness and the implementation of the strategy.

The Committee considered the proposal and decided to support the  view  of  PEG  that  the  contract  was  extended  from  31st January 2007 to the 31st July 2007. The Scrutiny Manager was requested to prepare the necessary paperwork. The President Scrutiny expressed concern at the lack of documentation upon which to Manager base a decision but was advised that time between meetings

had required an oral request rather than a written report.

The Committee having agreed to the appointment of Orchid for that further period discussed the funding aspect of the contract and approved an equal funding from each Panel from the 2007 budget  allocations.  It  also  noted  that  due  to  the  new  carry forward requirements outlined in the States of Jersey Law the funding for the month of January 2007 contract would have to be funded from the 2007 budgets. It was agreed that each Panel would contribute the necessary funds from its 2007 budgets. The current contract would be updated by the Scrutiny Manager.

The Committee was advised of the developments and progress made  in  the  development  of  a  Scrutiny  segment  in  the curriculum being designed for the new Citizenship Programme to  be  rolled  out  to  all  primary  and  secondary  schools.  Any members interested in assisting in the programme development would be welcome to assist PEG in devising role play activities that could be used to explain the Scrutiny process.

Signed : - Date:

.. President, Chairmen's Committee