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Chairmen's Committee - Approved Committee Minutes - 20 December 2006

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CHAIRMEN'S COMMITTEE

Meeting No. 36 of Chairmen held on 20th 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. A. Harris , Deputy Greffier of the States

Mrs. C. Le Quesne, Scrutiny Officer

 

Ref Back

Agenda matter

Action

1.

Item 12 15.12.06

Orchid Communications

The Committee recalled that at its last meeting it had agreed to  a  six  month  extension  to  the  Orchid  Communications contract. It was provided with hard copy documentation in respect of retaining the company for a further period and it noted the following

  1. the  extension  contract  for  Orchid Communications - the accompanying letter was signed by the President;
  1. the  Strategy  developed  by  Orchid Communications with PEG;
  1. A record of the PEG recommendations at its meeting of 14th December 2006.

The Committee agreed that the extended contract outlining the same terms as conditions as the original contract should be  signed. It  requested  that  the  Scrutiny  Officer  advise Orchid that the contract would be extended for a period of six months.

It was also agreed that the contract with Orchid be reviewed towards the end of the contract term.

CLQ

2.

Departmental Business Plans

The Committee recalled that it had requested copies of all the Departmental Business plans and that some had now been received

It noted receipt of the following - Housing, TTS, Planning and Environment and Economic Development.

The Committee instructed the Scrutiny Officer to obtain the remaining business plans from the Chief Ministers liaison officer at the earliest opportunity.

CLQ

3.

Standing  Order  No.  72(6) - proposed  amendment  for

 

increase of time and Standing Order No. 26(4) reduction in lodging times

The Committee considered a proposal from the Chairman, Economic  Affairs  Panel  to  increase  the  period  of  time allowed by Standing Orders for a Panel to review a draft law or draft regulations which had been referred to it by the States.

The  Panel  had  previously  advised  the  Privileges  and Procedures  and  the  Chairmen's  Committee  that  it considered the period of time currently allowed by Standing Order 72 (6) to be insufficient.

It noted that the Standing Order required that if a draft law or regulation were referred to Scrutiny following approval of the principles, then the debate must resume not later than the 4th meeting following that debate upon the principles which allowed for a period of only eight weeks.

The   Deputy  Greffier  attended  and  discussed  amending Standing Orders No 72(6) and No. 26.

The  Committee  agreed  that  a  four  meeting  period  for referrals  to  Scrutiny  was  insufficient  and  that  it  should request that the Privileges and Procedures Committee seek a change to provide for a maximum 12 week period. It also decided to request a change to Standing order No.26 (4) (vi) to  reduce  the  specified  six  week  lodging  period  to  two weeks.

DGOS The Committee requested that correspondence previously circulated  on  the  subject  should  be  included  on  its  next

agenda for information.

The   Deputy  Greffier  would  prepare  the  appropriate correspondence.

4. Possibility of Advisers asking questions during hearing

The Committee considered the role of advisers at Scrutiny Panel hearings and noted that only Members of the States were  protected  by  immunity  from  proceedings  given  by Article  34  of  the  States  of  Jersey  Law  (2005)  and  that advisors to a Scrutiny Panel would not be privy to such immunity.

It noted that Article 49 of that law allowed the States to make regulations to confer immunity on members of Committees who were not States Members. It also covers persons who were appearing before any Committee or Panel. The States of  Jersey  (Powers,  Privileges  and  Immunities),  (Scrutiny Panels,  PAC  and  PPC)  (Jersey)  Regulation  2006  were made to confer immunity on the non States Members of PAC and on witnesses appearing before Panels.

The  Committee  noted  that  it  had  been  found  that  when Panels were questioning witnesses on technical issues, it would be more effective to allow a technical expert to put questions on the Panel's behalf. Such technical experts or

 

advisers were clearly neither members of the Panel, nor persons appearing before the Panel and therefore would not be covered by immunity.

The  Committee  having  discussed  the  issue  decided  that whilst appropriate courtesy protocols must be recognised it was essential that the facility for advisors to ask questions at hearings must be available to Scrutiny.

The  Committee  requested  the   Deputy  Greffier  request  a change to the States of Jersey Law on its behalf.

DGOS

5.

Access to Part B revised protocol

The Committee considered the draft provided from the Chief Ministers Office and was concerned that it appeared many of  its  previous  comments  had  not  been  included  in  the revised version.

The Deputy Greffier agreed to verify that the correct draft and comments had been considered by the CoM and to report back at the next Chairmen's Committee.

DGOS

6.

2008 Budget Process

The Committee considered the Budget Process document received from the Chief Ministers Office and noted the key dates contained therein. The Committee noted the opening comment 'to engage as many States Members as possible in the process'.

On the basis of previous assurances that Scrutiny could be involved in the process the Deputy Greffier would request that the Scrutiny Chairman be able to attend the meetings planned for the Council of Ministers on the 11th and 25th January 2007 and that of 22nd February or 8th March 2007.

In  addition  the  Committee  discussed  the  possibility  of Scrutiny members generally being afforded the opportunity to  attend  the  briefing  for  the  Corporate  Services  Panel during the week of 22nd - 26th January.

DGOS

7.

Item 8 15.12.06

Telephone Mast Review

The Committee re visited the issue of a possible Telephone Mast Review to be undertaken by Scrutiny. The Committee had  previously  agreed  that  the  areas  which  required addressing were wider than just the perceived health issues and that this would touch on more than one Panel. On the basis of the work commitments faced by all the Panels it was  not  considered  that  such  a  comprehensive  review would be feasible.

Deputy Breckon had previously offered to undertake a very focused and short review into the health aspect of the issue. However in light of the large workload facing his panel early in 2007, the Committee restated that the proposed Review would  be  too  narrow  and  that  the  issue  should  be  fully explored  inclusive  of  the  economic  and  environmental

 

 

aspects.

On that basis, and whilst some concern was expressed, the Committee accepted that it would be more appropriate for Deputy Ryan to take his proposition back to the States to seek support for a Committee of Inquiry into the issue.

Deputy Breckon agreed to advise States members of the Committee decision at the earliest opportunity.

 

8.

Overseas Aid Advisor

The  Committee  received  and  noted  a  draft  budget  for funding in respect of an advisor for the Overseas Aid Sub- Panel  Review  and  endorsed  the  appointment  from  the Corporate Services Panel 2007 budget.

The Scrutiny Officer was requested to progress the matter as necessary.

 

9.

Date of next meeting: 12th January 2007 - 9.30-12.30 am

 

Signed Date:

.. President, Chairmen's Committee