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

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CHAIRMEN'S COMMITTEE

Meeting of Chairmen held on 20th November 2006 Meeting No. 33

PUBLIC SESSION

Present Deputy R C Duhamel, President

Deputy R.G. Le Hérissier, Vice-President Deputy F J Hill

Deputy G P Southern

Deputy S C Ferguson

Deputy J. G. Reed

Deputy P J D Ryan

Apologies

In attendance Mrs K. Tremellen-Frost, Scrutiny Manager

 

Ref Back

Agenda matter

Action

1.

The Minutes of 27th October (Public and Private Session) and 1st November 2006 (Private Session) were taken as read and signed accordingly.

 

2.

27.10.06 Item 2

Stand-alone scrutiny propositions.

The Committee noted that the Deputy Greffier of the States had followed up the situation regarding the above. It was noted that correspondence had recently been received by the Privileges and  Procedures  Committee.  The  Scrutiny  Manager  would follow up the matter and advise the Committee of the situation at a subsequent meeting.

KTF

3.

01.11.06 Item 1

Draft Protocol on access to Council of Ministers Part B information.

A meeting of the Chairmen's Committee with the Chief Minister and officers had been arranged for 23rd November 2006 at 4.30pm in the Concord Room, Cyril Le Marquand House.

 

4.

27.10.06 Item 4

Private

Alex Picot Accountancy - contract

The  letter  expressing  the  Terms  of  Engagement  and  the contract had been forwarded to Alex Picot for signing. The contract was for the period 12th November to 31st December 2006 and the signed contract was awaited.

 

5.

27.10.06 Item 7(b)

Register of Local Persons.

Consideration of a previous decision to advertise for people interested in advising scrutiny  panels on a "free of charge" basis was given and it was decided that the best approach would be to consider this at individual Panel meetings. Local contacts by individual members might provide a more efficient means of compiling such a list.

Panels

6.

Corporate Services Panel update

 

The  Committee  noted  the  following  decisions  of  the  above Panel at that Panel's meeting of 9th November 2006 -

  1. Papers  forwarded  to  a  Panel  under  confidential  cover should remain confidential to those Panel members. In the event that another Panel wished to have access to those papers the correct channel of communication was through  the  relevant  Minister  not  through  the  Panel Chairman;
  2. There should be no further joint scrutiny meetings until the identity of scrutiny had been established;
  3. A Sub-Panel had been formed to be chaired by Senator J.
    1. Perchard to review the Overseas Aid Commission and the  scoping  document  and  Terms  of  Reference  were noted;
  4. The  Panel  welcomed  greater  sharing  of  information between  the  Chairmen's  Committee  and  scrutiny members.

The Committee also noted the necessity of the Panel to hold a hearing on the morning of the 15th December 2006 which was also  scheduled  for  a  Chairmen's  Committee  meeting.  The Committee  agreed  to  delay  the  start  of  its  meeting  until 11.30am.

The Committee was advised that the Panel might revisit the "20 means 20" issue as there was some absence of knowledge as to what effect this might have on individuals.

The Panel would also make initial enquiries about the sale of States  Property.  Furthermore,  it  might  also  consider  the Population  register  which  could  be  a  Sub-Panel  comprising Economic  Affairs,  Corporate  Services  and  Health,  Social Security and Housing Panels. This might be an important review during 2007.

Consideration was given to reviewing the fiscal strategy in its entirety but this was considered to be too vast.

Mobile Telephone Masts - Whilst this did not fall within the remit  of  the  Corporate  Services  Panel,  the  Committee considered  P144/2006 "Committee  of  Inquiry:  Mobile Telecommunications" lodged "au  Greffe" on  2nd  November 2006  proposed  by   Deputy  P.J.D.  Ryan.  The  Committee considered Deputy Ryan's proposition: -

"(a) to establish a Committee of Inquiry in accordance with Standing Order 146 in order to investigate:-

  1. investigate  the  health  risks  associated  with  the

emissions from mobile network antennae and dishes;

  1. the  environmental  impact  of  the  proliferation  of

multiple network infrastructures"..and

"(b) to request the Minister for Planning and Environment to suspend  consideration  of  all  new  and  existing  planning applications involving the mobile telecommunications network infrastructure pending the results of this investigation."

 

This proposition was due to be debated in the States on 22nd November 2006.

The Committee considered whether it was appropriate for the matter to be reviewed by a Committee of Inquiry or by the scrutiny function. If it were the latter, it would fall mainly into the remit of the Health, Social Security and Housing Panel, (50 per cent)  once  constituted.  However,  it  would  also  involve  the Environment and Economic Affairs Panels (25 per cent each).

Deputy Ryan agreed that within part (b) of the proposition he would request the Minster of Planning and Environment that there be a six month moratorium on the erection of such masts whilst  the  matter  was  investigated  whether  this  be  by  a Committee  of  Inquiry  or  a  scrutiny  sub-panel  of  the  above Panels.

The Committee had no unanimous view regarding whether it should be a review by a scrutiny sub-panel or by a Committee of  Inquiry.  Consequently  it  was  agreed  that   Deputy  Ryan's approach to the States debate would be awaited and a decision as to whether to invoke the relevant Standing Order to suspend the debate for the purposes of scrutiny, to review the issues contained within the proposition, would be made during the debate.

 

7.

Economic Affairs Panel

Sale of Jersey Telecoms - the Panel had identified two possible suitably-qualified advisers, one of whom lived in Milan. It had, therefore been agreed that this adviser (Signor Florio Massimo) would be inappropriate in terms of costs. However, he had been invited to the Island on 12th December 2006 to give a talk on privatisation. His fee would be the local "going-rate" and the total cost would be under £2,000.

Hearings on the above review were ongoing and were leading to essential areas which required follow-up.

Dairy  Review - Promar  Report  has  been  forwarded  to  the Chairman of the Sub-Panel and issues relating to the covenant situation  were  known.  The  working  practice  of  working alongside a Minister would be evaluated on completion of the review.

With  regard  to  officer  support  it  was  noted  that  the  officer working on the Planning Process report had produced the first draft and would now be reverting to working with the Economic Affairs Panel on the Sale of Jersey Telecoms Review.

 

8.

Social Affairs Panel

Overdale Review - the report was currently being drafted. Alex Picot was assisting with the review in respect of confidential financial information at a cost below £500.

GP  Out-of  Hours - this  report  would  be  drafted  following completion of the above report.

 

 

Centeniers review - this was being drafted and was scheduled to be finalised before Christmas.

Review into H.M La Moye Prison - delayed since May 2006 as the Performance Improvement Plan had not been forwarded to the Panel despite having been considered by the Council of Ministers.

Youth Policy - the Panel had been advised by the Education Minister that the policy would go before the Council of Ministers in November, be forwarded to the Scrutiny Panel in December and implemented in January. The Panel intended to call the Education Minister to discuss this time schedule. On a related matter the Panel was concerned about the unwillingness of the Education Minister to share information with the Panel. It was agreed  that  the  Panel  should  contact  the  Chief  Minister  to advise of its concerns.

 

9.

Environment Panel

Planning Process Review - report drafted and was currently with relevant review members awaiting their comments. This should be completed by year end.

Waste Management - this is about half way through the review process.

Design of Homes - the Panel had organised a stand at the Lifestyle and Homes Exhibition and distributed a number of questionnaires. It had been questioned, however, as to whether the results of the questionnaire might not show biased sources. The  Statistics  Unit  had  assisted  with  the  drawing  up  of appropriate questions. This review would continue into 2007.

On a related matter, it was noted that the stand at the Lifestyle and Homes Exhibition had been a Panel initiative and it had been praised by Orchid Communications as a good initiative in public engagement. Some concerns were expressed, however, that whilst the initiative was a sound one, other Panels should have been encouraged to do the same or that a joint scrutiny stand  should  have  been  arranged  to  promote  the  scrutiny function in general.

2007 workplan - energy and sustainability would be the two main review areas. It was noted that the Terms of Reference would  have  to  be  well-defined  to  make  the  reviews manageable. Consideration was also given to whether these areas would also involve Corporate Services, Economic Affairs and Social issues. It was noted that a small working group comprising the Chief Minister, Ministers of Health, Economic Development and Planning and Environment were forwarding papers to the Chairman of the Panel.

 

10.

27.10.06 Item 5

Scrutiny Away-Day

The  Committee  received  and  noted  a  report  on  the  group sessions and related outcomes from the away-day held on 3rd November 2006 (appended to these Minutes)

 

 

The  Committee  noted  that  a  part  of  the  outcome  was  to prepare a handbook for members. (Item 11 of these Minutes refers)

Scrutiny Guide - this was also noted as one of the outcomes and also that the matter was being forwarded by the Public Engagement Group. (Item 11 of these Minutes refers)

 

11.

19.09.06 Item 2

Public Engagement Group

The Committee noted that the Group had had a very successful meeting recently with Orchid Communications and advised the Committee of its way forward as follows -

  1. The production of a scrutiny members' handbook. Work on this would be initiated by the Scrutiny Manager;
  2. Scrutiny  Guide.  Work  on  this  would  be  commenced following a meeting between the Scrutiny Manger and Orchid Communications;
  3. Public Engagement Strategy. Work on this would be commenced  by  Orchid  Communications  following  a meeting with the Scrutiny Manager;
  4. Orchid  Communications  would  move  away  from formulating and issuing press releases in order to focus on Nos 1 and 2 above. Orchid would supply the scrutiny office with an appropriate template for press releases and  its  circulation  list.  Officer  would  prepare  press releases  on  behalf  of  or  in  conjunction  with  the Chairman of the relevant Panel.
  5. With  regard  to  raising  the  profile  of  scrutiny  in  the Secondary  School  Curriculum  it  was hoped  that this would be progressed shortly.

It was anticipated that a clearer programme with more details might be presented to the Chairmen's Committee early in the New Year 2007.

KTF KTF/Orchid KTF/Orchid

Orchid

12.

27.10.06 Item 1

Orchid Communications

The Committee received a summary of activity of the above from 2nd October 2006 to 3rd November 2006. It was agreed that, in order to release Orchid fully to allow it to work on the Public Engagement Strategy and scrutiny leaflet, it need no longer scan the Jersey Evening Post for scrutiny related articles to forward to the scrutiny office.

It  was  also  agreed  that  Orchid  Communications  would relinquish  its  rôle  in  writing  and  circulating  press  releases (Minute 11 of these Minutes refers)

The invoice for 50 hours work was received and consideration was given to Orchid Communications having outsourced the design of the Environment Panel questionnaire to IdeaWorks. Consideration was given to whether, in the long term, it would be more advantageous to train officers in this area.

The Corporate Services Panel was still to hold its meeting with Orchid  Communications.  It  was  hoped,  however,  that  the

 

 

company would have some input into advising how to better publicise the bi-annual meetings of the Panel with the Chief Minister and Treasurer and Resources Minister

In  general  terms  the  Committee  was  impressed  by  the enthusiasm Orchid Communications was showing to raise the profile of scrutiny and praise was given to the presentation given  to  members  at  the  Away-Day.  It  was  also  generally agreed that it was appropriate that Orchid Communications had no political bias.

 

13.

01.11.06 Item 1

Draft Code of Practice

It  was  agreed  that  the  above  should  not  be  re-lodged  for debate either with the inclusion or exclusion of the section on legal  advice  until  the  latter  had  been  pursued.  The  Chief Minister  and  the  Privileges  and  Procedures  Committee  had agreed to consider the matter and to revert to the Chairmen's Committee.

It was agreed, however, that the Code of Practice should be followed on an accepted basis by Panels in the interim.

Consideration was given to the content of the letter sent to all States Members by Deputy R.C. Duhamel.

Deputies Reed and Le Hérissier withdrew from the meeting for the remainder of this item.

It  was  agreed  that  the  Chairmen's  Committee,  Council  of Ministers  and  Privileges  and  Procedures  Committee  would consider this issue at a later stage.

 

14.

20.04.06 Item

Role of Advisers at Scrutiny Panel Hearings

The Committee recalled that, on the advice of the Greffier of the States, it had previously been agreed to amend its draft Code  of  Practice,  to  disallow  advisers  to  Panels  from participating in asking questions at hearings. This was due to the fact that they were not covered by immunity.

The Committee considered that there were genuine occasions when  matters  were  of  such  a  technical  nature  in  which members  were  inexperienced,  that  it  was  appropriate  for advisers to be able to ask questions. It was clarified that the proposal  was  that  advisers  should  be  permitted  to  ask questions  of  other  technical  experts  and  similar,  not  of Ministers.

The Committee agreed to request the Greffier of the States to consider a means of either: -

  1. Seeking a means by which advisers might be covered by immunity; or
  2. Seeking a means of adding a clause to the contract whereby they would be enabled to ask questions of non-Ministers.

Deputy Le Hérissier was not present for this item.

GoS

 

 

 

15.

2007 Joint Public Meetings

The Committee considered that, in order to better engage the public, be that at hearings or at general public meetings, these, on occasions, needed to be held in the evenings. It was noted that, to enable hearings to take place in the evenings, mobile recording equipment had been ordered by the States Greffe.

The Committee again noted the Corporate Services Panel's comment that no further joint scrutiny meeting should be held until the identity of scrutiny had been clarified and agreed. (Item 6(2) of these Minutes refers)

It was noted that if the Chairmen's Committee agreed that no joint  meetings  would  be  arranged,  the  Environment  Panel would  continue  its  independent  public  meetings  as  it  had arranged at the start of 2006.

It  was  agreed  that  the  Public  Engagement  Group  would consider this matter at its next meeting.

 

16.

Training

The  Committee  considered  a  paper  produced  by  Orchid Communications in respect of media training. Having noted that there were, to date, 13 interested members and that the cost was £450 per delegate, it agreed to defer this matter.

In  relation  to  other  training,  the  Committee  noted  that  the Education and Home Affairs Panel had considered questioning training dedicated to its specific area. In respect of this, and noting that an Investigative Interviewing course was available for public employees, the Committee agreed that it should seek out whether this could be made available for members.

The  Committee  also  considered  that  seeing  a  Select Committee in action at Westminster was also a very valuable experience.

KTF

17.

Departmental Business Plans

The  Committee  gave  consideration  to  the  current  status  of Departmental Business Plans and noting that no Chairmen had received  these,  agreed  that  information  about  this  matter should be sought.

The Scrutiny Manager agreed to contact the Strategic Planning Manager who was co-ordinating this.

The Committee also noted that the Strategic Planning Manager was preparing a 2007 plan of all newly proposed legislation and policy which would be circulated for consultation during 2007 and that this plan would be forwarded to the Scrutiny Panels once complete.

KTF

18.

Christmas Arrangements

The  Committee  decided  that  a  Christmas  function  for  all

 

scrutiny members and officers should be arranged either pre- Christmas if possible or early January if not.

The dates of 18th, 19th and 20th were earmarked and the scrutiny office undertook to arrange this.

With regard to payment, it was agreed that it would be improper

to use the scrutiny funds and that it should be paid for by KTF individual members and officers.

19. Meeting dates for 2007. These were agreed as follows -

January 12th February 9th March 9th April 13th

May 11th June 1st

June 29th July 27th August 17th September 7th October 5th November 2nd December 7th

Signed .. Date:.. President, Chairmen's Committee