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Education and Home Affairs - Approved Panel Minutes - 2 August 2006

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Social Affairs Scrutiny Panel

Meeting 19

Date: 2nd August 2006

Location: Le Capelain Room, States Building

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

Deputy D.W. Mezbourian

Deputy A.E. Pryke

Deputy S. Pitman

Apologies

Absent Deputy J.A. Martin, Vice Chairman In attendance Mr. W. Millow , Scrutiny Officer

 

Ref Back

Agenda matter

Action

[24/07/06, Item 1]

[24/07/06, Item 1a]

24/07/06, Item 1a]

1. Centenier in the Magistrate's Court

  1. General Matters

The Panel noted that a Royal Commission on Criminal Procedure had  been  established  in  1978  under  Sir  Cyril  Philips  and  had produced its report in 1981. The three main criticisms made in this report were as follows:

  • the police [in England and Wales] should not investigate offences and decide whether to prosecute. The officer who investigated a case could not be relied on to make a fair decision whether to prosecute
  • different police forces around the country used different standards to decide whether to prosecute

the police were allowing too many weak cases to come to court.  This  led  to  a  high  percentage  of  judge-directed acquittals.

The Panel noted that it would be beneficial to obtain a copy of the report.

The Panel noted that a letter would be sent to the Isle of Man's H.M.  Attorney  General  with  a  request  for  information  on  the creation of a Manx public prosecution service. It was advised that such a service for the Isle of Man had been considered for some time and that its implementation was therefore unlikely to be due to Human Rights issues. The Panel recalled advice it had previously received that a Manx public prosecution service would be created in order to separate the investigation and prosecution processes. The  Panel  subsequently  considered  whether  Centeniers  were involved in the investigation process in Jersey.

  1. Visits

The  Panel  was  advised  that  the  Chairman  had  been  in correspondence with the Crown Prosecution Service with a view to undertaking a visit to London. It was further advised that he had not received a response to his initial enquiry. It was noted that the

WM

Panel could potentially undertake a visit to the Crown Prosecution Service in Southampton.

c) Public Hearings

It was agreed that the following dates would be set aside for Public Hearings:

  • Thursday 21st September 2006
  • Friday 29th September 2006

The Panel considered whom it would wish to invite as witnesses to its Public Hearings.

[24/07/06, 2. Draft Business Plan

Item 8] The Panel held five meetings to consider Annual Business Plan

2007 (P.92/2006)  in  relation  to  the  five  Departments  within  its remit. The meetings were held in the following order:

  1. Department of Housing: The Panel met the Minister, SenatorT.J.  Le  Main,  accompanied  by  Mr.  I.  Gallichan,  ChiefExecutive Officer.
  2. Department of Health and Social Services: The Panel metthe  Minister,  Senator  S.  Syvret,  accompanied  by  theAssistant  Minister,   Deputy  C.J.   Scott   Warr en,  the  ChiefExecutive  Officer,  Mr.  M.  Pollard,  and  Mr.  A.  Bannister,Projects Officer.
  3. Department of Education, Sport and Culture: The Panel metthe Minister, Senator M.E. VIbert.
  4. Department of Social Security: The Panel met the Minister,Senator P.F. Routier, accompanied by the Controller, Mr. R.Bell.
  5. Department of Home Affairs: The Panel met the AssistantMinister,   Deputy  A.D.   Lewis ,  accompanied  by  the  ChiefExecutive Officer, Mr. S. Austin-Vautier.

[24/07/06, 3. Overdale Sub-Panel

Item 4] The Panel agreed to form a sub-panel to undertake a review of this

topic. It noted that it would be beneficial for the Chairman of the sub-panel to be a member of the Social Affairs Panel although the sub-panel was able to choose its own Chairman. It was noted that Deputies  D.W.   Mezbourian  and  A.E.  Pryke  were  interested  in sitting on the sub-panel. It was further noted that other Members had expressed an interest: it was agreed the Chairman would write BH to these members to inform them of the Panel's decision. It was agreed  that  the  Chairman  would  also  inform  the  Chairmen's Committee.

The Panel noted it had informed Senator S. Syvret, Minister for Health and Social Services, of the impending review during the discussions on the draft Business Plan.

[24/07/06, 4. GP Out-of-Hours

Item 7] The Panel noted that a request had been made to the Jersey

Competition Regulatory Authority (JCRA) for an indication of when the  JCRA  investigation  would  be  completed. It  further  noted correspondence (dated 31st July 2006) indicating that the JCRA's hoped to be in a position to complete its investigation within ten days of that date.

The  Panel  agreed  to  set  aside  the  following  date  for  Public

[30/05/06, Item 7]

Hearings to be held:

19th September 2006

The Panel recalled its previous agreement that the following parties would be invited to attend a Hearing:

  • Jersey Competition Regulatory Authority (JCRA)
  • Dr B. Perchard
  • Senator S. Syvret, Minister for Health and Social Services

 

[10/07/06, Item 11]

5. Income Support Sub-Panel

The Panel was advised that the Income Support Sub-Panel would next meet on 7th August 2006. It was further advised that the Sub- Panel would meet the Minister for Social Security on 11th August 2006.

The Panel noted that Dr. M. Evans had been appointed as external advisor for the review and had undertaken one visit to Jersey and attended some of the Hearings held on 25th July 2006. It was advised that Dr. Evans would return to Jersey on 10th and 11th August 2006.

The  Panel  was  advised  that  the  Sub-Panel  would  consider  its approach to the review following advice from the Department of Social  Security  that  exact  figures  for  the  component  rates  of Income Support would not be available before 2007. It was further advised that the Sub-Panel had begun to consider producing an interim report.

 

[24/07/06, Item 6]

6. Youth Service

The  Panel  noted  advice  it  had  been  given  by  the  Minister  for Education,  Sport  and  Culture  (during  the  discussion  on  the Business Plan) that the new draft strategy for the Youth Service would be given to the Panel as soon as the Minister had received it. It was noted that this would possibly occur in mid-September 2006.

The Panel agreed that Deputy S. Pitman would undertake work on the draft strategy once it had been received. It further agreed that the Panel would be able to devote proper resources to the review in November 2006, once others reviews had been completed. It was noted that the new strategy was due to be implemented in January 2007.

 

[24/07/06, Item 5]

7. Early Years

The Panel noted advice received from the Minister for Education, Sport and Culture (during discussions on the Business Plan) that the  Department's  review  of  Foundation  Education  would  be broadened to include an examination of general provision of care and education to 0 to 5 year olds. Subsequent to this advice, the Panel agreed to defer its review of this topic. It further agreed to request the Department to provide a time-line of the work that would  be  undertaken  in  order  that  the  Panel  could  therefore ascertain when it would be able to commence the review.

WM

 

8. Minutes

The Panel agreed to defer consideration of its closed minutes of 10th July 2006 and of its minutes of 24th July 2006.

 

 

9. Matters Arising

 

The  Panel  noted  receipt  of  the  update  of  the  Chairmen's Committee meeting of 28th July 2006.

The Panel was advised that Deputy A.E. Pryke had agreed to sit on a sub-panel for the Dairy Review.

The Panel was advised by Deputy D.W. Mezbourian of the work undertaken by the Public Engagement Group (PEG) of which she was a member.

[24/07/06, 10. Criminal Justice Policy

Item 3a] The Panel agreed to defer consideration of this matter to its next

meeting.

[24/07/06, 11. Sexual Health Strategy

Item 3a] The Panel agreed to defer consideration of this matter to its next

meeting.

  1. Forthcoming Propositions

The Panel agreed it would not seek to have the following review referred to it for scrutiny:

Policing commercial and profit-making events new user pays' charges (P.94/2006)

  1. Evaluation of Reviews

The Panel agreed to defer consideration of this matter to its next meeting.

  1. Future Meetings

The Panel agreed to cancel its meeting on 7th August 2006. It noted that its next meeting would therefore occur at 9:30am on 21st August 2006. Deputies D.W. Mezbourian and S. Pitman gave their apologies for this meeting.

Signed Date ..

Chairman, Social Affairs Panel