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Education and Home Affairs - Approved Panel Minutes - 12 June 2006

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Social Affairs Scrutiny Panel

Meeting 15

Date: 12th June 2006

Location: Le Capelain Room, States Building

Present Deputy F.J. Hill, B.E.M., Chairman

Deputy J.A. Martin, Vice Chairman Deputy D.W. Mezbourian

Deputy S. Pitman

Apologies Deputy A.E. Pryke

Absent

In attendance Mrs. K. Tremellen-Frost, Scrutiny Manager [Items 3-6]

Mr. C. Ahier , Scrutiny Officer

Mr. W. Millow , Scrutiny Officer

 

Ref Back

Agenda matter

Action

 

1. Minutes

The  Panel  approved  the  minutes  of  30th  May  2006  with  two amendments. In  Item  4,  the  Panel  inserted  the  words "in  his capacity as a member of the Income Support Sub-Panel" to clarify that   Deputy  G.P.   Southern  had  acted  as  such  when  meeting Professor B. Stafford, University of Nottingham. In Item 8, the Panel replaced the words "would undertake" with the words "had undertaken" to reflect the fact that the Comité des Chefs de Police had already undertaken a visit to Nottingham.

 

[30/05/06, Item 3b]

[30/05/06, Item 1a]

[30/05/06,

2. Matters Arising and Action Updates

  1. Matters Arising

The Panel requested the Officers to confirm that letters of thanks had been sent to Jurat J.C. Tibbo and Mrs. R. Higgins for their attendance on the Panel at its meeting of 30th May 2006.

The Panel was advised that the witnesses who had attended the Public Hearing on HMP La Moye had forwarded their comments on the transcript of the Hearing to the Scrutiny Office. The Officers were requested to forward these comments to the Panel for its consideration.

The Panel noted that no decision had been made by the Minister for Education, Sport and Culture on how consultation would occur for the new Youth Service plan. It was advised that Senator M.E. Vibert , Minister for Education, Sport and Culture, had been asked to clarify what access the Panel would be given to the Plan during its development.

  1. Action Updates

The Panel noted the updates on actions requested at its meeting of 30th May 2006. Further consideration was given to the following Updates:

AU2:  The  Panel  requested  that  the In  attendance' box  of  its

CA/WM

CA/WM

Item 2a] minutes record the presence of all individuals or parties who came CA/WM

to speak to the Panel at its meetings.

[30/05/06, AU3: The Panel was advised that information on Long-Term care

Item 2b] had  been  received  from  the  Department  of  Health  and  Social

Services and subsequently forwarded to the Panel. The Officers

were requested to confirm that each Panel member had received a CA/WM copy of the information.

AUs 4 and 5: The Panel noted that it had received information from [30/05/06, the Departments of Treasury and Resources and Home Affairs on

Item 3a] the bids made by the latter Department for funding in relation to

HMP La Moye. It requested the Officers to clarify the wording of

the  question  on  this  matter  that  had  been  put  to  Senator  W. CA/WM Kinnard, Minister for Home Affairs, during the Public Hearing on

HMP La Moye.

AU 6: The Panel noted that Senator F.H. Walker , Chief Minister, [30/05/06, had congratulated the Panel for its work on Strategic Plan 2006 to Item 5] 2010 (P.40/2006) during the States sitting of 6th June 2006.

AU 8: The Panel noted it had made a request (at its meeting on [30/05/06, 30th May 2006) for information on the means-test used by the

Item Department of Housing when assisting older people to remain in

5dv] their own homes. It was agreed that a request for this information CA/WM

would be put in writing to the Department.

AU 10: The Panel noted it had not received a response to its

request for information on staffing of the Joint Financial Crimes

Unit. It agreed that a further request for information would be CA/WM [30/05/06, made.

Item 9b]

AU 11: The Panel noted that a complaint had been made at the Scrutiny Public Meeting held at Hautlieu School on 18th May 2006 regarding the format of letters sent by Scrutiny Panels to members of the Public. The Panel noted that whilst standard formats for its letters did exist, letters sent by the Panel reflected personalised comments that it wished to make to the addressee.

3. Rôle of Scrutiny Officers

The  Panel  met  Mrs  K.  Tremellen-Frost,  Scrutiny  Manager,  to consider the rôle played by Scrutiny Officers in providing a support service to Scrutiny Panels.

The Panel was advised that an examination of the rôle of Scrutiny Officers had been undertaken as a full Scrutiny function had been in place for six months.

The Panel noted the following advice in relation to the role of Scrutiny Officers:

Officers should maintain impartiality and independence whilst providing the support service based on the political decisions taken by Panels

Officers  should  work  alongside  their  Panels,  Sub-Panels, working groups etc with information pertaining to a review

being shared both ways.

There should be a central file held in the office including all documentation on a review.

Officers should undertake research in the main as directed by the Panel.

Officers should not stray into the area of political decision- making.

The Panel received copies of the guidance relating to Scrutiny requests that had been given to executive departments. It was advised that Departmental Scrutiny Liaison Officers (DSLOs) had been advised to respond to Scrutiny requests as stated in the guidelines. The Panel considered the implications of this advice for its future working practices and noted that this matter warranted consideration  by  the  Chairmen's  Committee. It  noted  that questions  could  potentially  be  asked  in  the  States  to  gather information and that it would be possible to distinguish between questions emanating from the Panel and those coming from Panel members acting as individuals.

The  Panel  was  advised  that  the  Chairmen's  Committee  had approved the Draft Code of Practice for Scrutiny Panels and PAC and that it was now to be considered by the Council of Ministers.

[30/05/06, 4. HMP La Moye

Item 3] The Panel noted that it had not drafted official Terms of Reference

for a review regarding HMP La Moye. It was advised that the Draft Code  of  Practice  for  Scrutiny  Panels  stipulated  that  Terms  of Reference were required prior to the commencement of a review.

The Panel agreed that it would produce a report on the work it had undertaken  in  relation  to  this  topic  and  that  this  report  would subsequently forwarded to Senator W. Kinnard, Minister for Home Affairs. It was agreed that the Chairman would prepare a draft report  before  forwarding  the  draft  to  the  rest  of  the  Panel  for comments.

BH

[30/05/06, 5. Sexual Offences

Item 6] The  Panel  noted  that  the  Department  of  Education,  Sport  and

Culture  had  presented  comments  on Draft  Sexual  Offences (Jersey) Law 200- (P.63/2006) and that comments on the draft law would also be presented by the Department of Health and Social Services.

The Panel noted the transcript of the States sitting of 31st January 2006 during which the Chairman had made a commitment that the Panel would undertake work on this topic once it had something to scrutinise.

The Panel considered potential courses of action and agreed that it would present a report to the States outlining the work that it had undertaken on this topic. The Panel was advised that Deputy A.E. Pryke had e-mailed her preference for this course of action to the Chairman. The Panel was circulated a draft report that had been prepared by the Chairman.

The Panel noted the provision of Standing Order 35 (2):

A report or comment presented by a body of persons may include a minority report or comment by one of its members.

6. Split of the Social Affairs Panel

The Panel noted that Social Affairs Scrutiny Panel division to CA/WM create a fifth scrutiny panel (P.64/2006) would be debated in the

States on 18th July 2006.

The Panel requested that the information listed below be collated in preparation for the debate:

The size of the Panel's remit

The work programme for 2006 and the manner in which this was arranged

The  number  of  Topic  Proposal  Forms  received  from  the Public

[30/05/06, 7. Income Support

Item 4] The Panel was advised that the Income Support Sub-Panel would

meet at 2:00pm on 12th June 2006. It was further advised that the Sub-Panel had not met since its meeting with Senator P.F. Routier, Minister for Social Security, on 19th May 2006.

[30/05/06, 8. GP Out-of-Hours

Item 7] The Panel noted that correspondence had been sent to Mrs. K.

Huchet,  Director,  Family  Nursing  and  Home  Care,  to  request feedback from Family Nursing and Homecare on its views of how the Co-Operative service had operated since its implementation.

The  Panel  was  informed  that  activity  data  relating  to  the  Co- Operative service had been received by the Scrutiny Office and would shortly be forwarded to the Panel.

The Panel was advised of the progress of the review of the Co- Operative  service  undertaken  by  the  Jersey  Competition Regulatory Authority (JCRA). It was noted that it would be possible to hold Public Hearings once this review had been completed and the JCRA report produced.

The Panel noted that one submission it had received had raised the wider issue of governance of GPs and that this issue had been in  consideration  in  the  United  Kingdom  following  the Shipman Inquiry'.

[30/05/06, 9. Centeniers in the Magistrate's Court

Item 8] The Panel noted that a number of individuals had contacted the

Panel with the view to making a submission for this review. It agreed to respond to one submission from a member of the legal CA/WM profession with an invitation to speak to the Panel at one of its meetings. The Panel considered the benefit of calling people with

opposing views to give evidence at Public Hearings.

The  Panel  was  advised  that  the  Chairman  had  been  in correspondence  with  Mr.  W.J.   Bailhache  QC,  HM  Attorney General.

The Panel was advised that Mr. C. Ahier , Scrutiny Officer, would act as Lead Officer in the officer support for this review.

The Officers were requested to organise a visit by the Panel to the Magistrate's Court.

CA/WM The Officers were requested to send the Panel copies of the Act of

the former Home Affairs Committee that recorded the decision not

to proceed with Recommendation 4 of Review of Criminal Justice

Policy in Jersey.

CA/WM The Panel noted it would visit Guernsey's Magistrate's Court on

Monday 19th June 2006. The Officers were requested to confirm

the check-in and flight times for the visit. CA/WM The Officers were requested to establish which individuals were

able to preside in the Magistrate's Court in Jersey.

CA/WM

The Panel noted that it had previously been invited to attend a meeting of the Comité des Chefs de Police to discuss this topic.

  1. Forthcoming Propositions

The Panel agreed to defer consideration of the Proposition listed below to its meeting on 26th June 2006:

Draft Teachers' Superannuation (Amendment No. 2) (Jersey) Law 200- (P.69/2006)

  1. Questions to Ministers without Notice

The Panel noted that the Minister for Home Affairs would answer questions without notice at the States sitting of 20th June 2006. It subsequently considered questions that could potentially be asked of the Minister.

  1. Future Meetings

The Panel noted it would next meet at 9:30am on Monday 26th June 2006 in Le Capelain Room, States Building. It was advised that  Deputies  J.A.  Martin  and  S.  Pitman  were  unlikely  to  be present.

Signed Date ..

Chairman, Social Affairs Panel