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Education and Home Affairs - Approved Panel Minutes - 6 March 2006

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Social Affairs Scrutiny Panel

Meeting 8

Date: 6th March 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 A.E. Pryke

Apologies Deputy S. Pitman

Absent

In attendance Mr. M. De La Haye, Greffier of the States [Items 6 and 8b]

Mrs. K. Tremellen-Frost, Scrutiny Manager [Items 1-9] Mr. W. Millow , Scrutiny Officer

 

Ref Back

Agenda matter Action

 

1. Minutes of Previous Meeting

The Panel approved the minutes of the meeting of 20th February 2006.

[20/02/06, Item 2]

[20/02/06, Item 2]

[20/02/06, Item 3]

[20/02/06, Item 4a]

[20/02/06, Item 4d]

[20/02/06, Item 5]

[20/02/06,

2. Matters Arising from the Minutes

Further to its consideration of the powers of subpoena, the Panel noted  that Draft  States  of  Jersey  (Powers,  Privileges  and Immunities) (Scrutiny panels, PAC and PPC) (Jersey) Regulations 200- (P.15/2006) had been lodged au Greffe.

The  Panel  was  informed  that  the  Scrutiny  website  was  now accessible through the Quick Links' section at www.gov.je. It was also informed that the Scrutiny Manager would be discussing the possible use by Scrutiny of an official notice board with Mr. M. De La  Haye,  Greffier  of  the  States,  and  Mr.J.  Lambert,  Judicial Greffe.

The Panel noted that the Chairmen's Committee had not met since the last Panel meeting and had not therefore been able to consider meeting with Mr. C. Bright, Editor of the Jersey Evening Post. The Panel requested that the matter of meeting with the media be placed on the Chairmen's Committee's next agenda.

The Panel noted that adverts indicating the Terms of Reference for  its  reviews  of  Income  Support  and  the  GP  Out-of-Hours scheme had been sent to the Jersey Evening Post.

The Panel noted that the Minister for Education, Sport and Culture had advised the Scrutiny Officers that all requests for information should initially be made to him directly. The Panel was informed that the Minister had given the Scrutiny Officers permission to approach Mrs. S. Costigan, Principal Youth Officer.

The Panel noted that it had received Health Needs Analysis HM Prison La Moye by Dr R. Wool.

The Panel noted that the Minister for Health and Social Services

KTF

 

Item 6] had  recently  indicated  that  there  would  be  no  partial  ban  on smoking in the workplace as a lead-in to a total ban.

The Panel considered whether it would be able to ask that Draft [20/02/06, Sexual Offences (Jersey) Law 200- (P.196/2005) be referred to it

Item 7] for review. It noted this would be possible were the Proposition to

come back to the States in a different form. It further noted that

the Corporate Services Scrutiny Panel would present its report on

the Proposition to the States prior to recommencement of the

debate.

3. Other Matters Arising

The Panel noted the updates on those actions which arose from its meeting on 20th February 2006.

The Chairman reported that he had spoken with Channel 103, BBC  Radio Jersey  and the Jersey  Evening  Post. The  Panel noted the media's interest in its decision to review the role of Centeniers in the Magistrate's Court. The Panel was informed of a  Channel  103  news  story  that  indicated  the  Centeniers' Association had agreed to undertake its own review of this issue. The Panel requested that it receive a copy of this news story. WM

The Panel noted that it had received a copy of the March 2006 newsletter from A.T.T.A.C. It expressed concern that the format

of the newsletter did not make it easy to read and requested the WM Officer to change the format accordingly.

The Panel agreed to provide signatures to the Scrutiny Office in order  that  they  could  be  scanned  and  thereafter  used  in correspondence. It was noted that permission would be sought before an electronic signature was used.

The Panel noted that if the Chairman and Vice-Chairman were unable to attend a meeting of the Chairmen's Committee, another member  of  the  Panel  should  attend  to  ensure  the  Panel's representation at this meeting.

The Panel noted that Report on an announced inspection of La Moye  Prison,  Jersey  (27  June 1July  2005) by  H.M.  Chief Inspector of Prisons had been forwarded to all States members.

[20/02/06, 4. Meeting with Senator B.E. Shenton

Item 2]

The Panel met with Senator Shenton to discuss the work he had undertaken on Early Years Care and Education. A number of issues  were  discussed  including  the  situation  in  Jersey  as compared with Guernsey; the difference between education' and care'; and the provision of part-time education. Senator Shenton advised the Panel of the consultation he had undertaken as part of his work.

The  Panel  discussed  with  Senator  Shenton  the  work  he  had undertaken  on  Income  Support. The  Senator  expressed  his interest  in  this  work  and  was  informed  that  the  Panel  was considering  the  creation  of  a  Sub-Panel  for  this  review. The Panel agreed to forward a copy of the Terms of Reference for this WM review to Senator Shenton.

The  Panel  informed  Senator  Shenton  of  the  remainder  of  its planned Work Programme for 2006.

[20/02/06, 5. Meeting with Deputy G.P. Southern

Item 4b]

The Panel discussed with Deputy Southern what his rôle might be in the Panel's review of the Income Support system. Deputy Southern informed the Panel of the work he had undertaken on this issue and advised it of what he had to offer to the review. The Deputy stated he would be happy to work with Deputy J.A. Martin as Lead Member for this review.

[20/02/06, 6. Private Hospital Development

Item 10]

The Panel considered the statement made by Deputy P.V.F. Le

Claire (in correspondence dated 24th February 2006) that the Panel  would  be  unable  to  undertake  an  objective  review  as

requested  in Private  Hospital  Development:  Scrutiny  Review (P.221/2005). The Panel noted further correspondence received

from Deputy Le Claire on 6th March 2006 and considered its response. It  agreed  that  the  correspondence  contained  an

appropriate  apology  and  that   Deputy  Le  Claire  would  be requested to forward this correspondence to all those who had received the earlier correspondence containing his allegations.

[20/02/06, 7. GP Out-of-Hours Service Item 4c]

  1. Update

The Panel noted that the Scrutiny Officers had met with Mr. M. Littler, Directorate Manager of Medicine, and Dr. B. Perchard, to establish working procedures between officers. The Panel noted that some information had been gained during the course of the meeting  but  that  this  would  need  to  be  verified  and  formally recorded.

The  Panel  noted  that  the  Department  of  Health  and  Social Services intended to implement the GP Out-of-Hours scheme on

3rd April 2006.

The Panel noted that a registration fee would be charged for joining the Out-of-Hours scheme. It questioned whether this fee would apply to individual GPs or to practices.

The Panel noted that the scheme in Jersey was not intended to mirror the system of locums currently used in Guernsey.

  1. Site Visits

The Panel noted that a visit to Ambulance Headquarters had

been arranged for 7th March 2006. It further noted that a visit to the  Gwyneth  Huelin  Wing  of  the  General  Hospital  had  been

requested  for  12:00pm  on  17th  March  2006. The  Chairman requested  that  all  Panel  members  be  informed  of  dates  for

potential visits before final confirmation was given.

The Panel noted an invitation from Dr. Perchard to visit a surgery

once the GP Out-of-Hours scheme had been established. It was agreed that the Officer would confirm the exact nature of this WM potential visit before any decision were made.

  1. Hearing Dates

The Panel agreed that the following dates would be provisionally

set aside for Public Hearings. The Officer was requested to make

the  necessary  arrangements  and  clarify  what  other  Scrutiny WM

commitments were in place for 19th May 2006.

Monday 3rd April 2006

Tuesday 11th April 2006

Thursday 11th May 2006

Friday 12th May 2006

Friday 19th May 2006

The Panel noted that no invitations had yet been sent for people to appear at the Public Hearings.

The Panel was advised that overall budget estimates provided for two days of hearings for this review and that consequently it would  not  be  necessary  to  hold  hearings  on  all  identified provisional dates.

[20/02/06, 8. Income Support Item 4c]

  1. Update

The Panel received an update from Deputy J.A. Martin, Lead Member. It noted that the Lead and Assistant Lead Members had met with the Scrutiny Officers and requested they contact the Department of Social Security with questions on the following issues:

Health Insurance Exemption

Definition of a household

The  Panel  noted  that  the  Statistics  Unit  would  be  providing information  to  the  Department  of  Social  Security  that  the Department required for its work on Income Support.

The Panel noted that the Comité des Connétable s were to be contacted with regard to its view on the proposed system as well WM as its specific views on the Citizen's Fund and the use of Parish

Hall s as satellite offices.'

It was noted and agreed that the following groups were to be WM invited to meet with the Panel to discuss their views on Income Support. It  was  agreed  these  letters  would  be  sent  in  the Chairman's  name. The  Chairman  gave  permission  for  his electronic  signature  to  be  used  on  communications  to  the following :

States Tenants Action Group

Support Through Divorce

Citizens Advice Bureau

Jersey Childcare Trust

Family Nursing and Homecare

Jersey Association of Carers

Age Concern

WM The Panel agreed that the Samaritans would be contacted in

order  to  establish  whether  they  would  be  able  to  make  a submission.

It was agreed that Mrs. E. Martins, Data Protection Commissioner, WM would be contacted to establish whether she had been consulted

with regard to Draft Income Support (Jersey) Law 200-.

  1. Sub-Panel

The Panel agreed to establish a Sub-Panel for the above review with the following members:

Deputy F.J. Hill, BEM

Deputy J.A. Martin

Deputy S. Pitman

Senator B.E. Shenton

Deputy G.P. Southern

The Panel agreed the Chairman would contact Senator Shenton and Deputy Southern to invite them to sit on the Sub-Panel. It BH

was  further  agreed  that,  subject  to  their  acceptance  of  this invitation, they would be sent all papers which the Panel had so WM far considered on the subject.

The Panel agreed the sub-panel would meet on Wednesday 15th March 2006 at 11:00am but that Tuesday 21st March 2006 at WM

9:30am would be set aside as an alternative.

The Panel noted it did not require ratification from the Chairmen's Committee to create a sub-panel but that the Committee would need to be informed. It further noted the provision of Standing Order 139(3) that:

A scrutiny panel may not allocate any of its resources to a sub- panel without the agreement of the chairmen's committee.

The Panel noted that the creation of a sub-panel would not result in any extra financial or manpower implications as a matter of course to those already considered.

The  Panel  noted  the  provision  for  sub-panels  under  Code  of Practice 4.15:

Sub-Panels operate on behalf of the Panel which has appointed them  and  only  with  the  authorisation  of  that  Panel.  The appointment, remit and timescale must be agreed by the full Panel and recorded in the Minutes. The Sub-Panel will appoint its own Chairman and it is the responsibility of the Sub-Panel Chairman to report to the full Panel on a regular basis. The quorum for a Sub- Panel is one half of its members, rounded up to the next whole number. The report prepared by the Sub-Panel on its review will be presented to the States in the name of the full Panel.

  1. Hearing Dates

The Panel agreed that the following dates would be provisionally set aside for Public Hearings. The Officer was requested to make the necessary arrangements:

Tuesday 11th July 2006

Friday 14th July 2006

Tuesday 25th July 2006

Tuesday 5th September 2006

Friday 8th September 2006

Tuesday 19th September 2006

[20/02/06, 9. Public Meeting

Item 9]

The Panel noted that a display presenting the Panel to the Public would  be  prepared  for  the  meeting. It  further  noted  that  an information pack would be prepared for members of the Public to take away from the meeting.

The Panel considered providing tea and coffee at the meeting. It

was agreed that the Scrutiny Officer would look into the matter WM / DM /AP with Deputies Pryke and Mezbourian .

The Panel agreed that the structure of the meeting would be as follows:

Introduction of the Panel to the Public

Description of the rôle of Scrutiny

Presentation of the Panel's remit

Presentation of the Panel's planned Work Programme

Suggestions of further review topics from the Public

The Chairman asked that the Panel arrive at the Town Hall at 7:00pm. The Panel agreed the meeting would last one and a half hours.

The Panel considered and amended the draft advert with regard WM to the above for publication in the Jersey Evening Post. It was agreed that requests should be made to place the meeting in media diaries.

The Panel noted the cost of advertising on Channel 103.

  1. Topic Proposals

The  Panel  noted  receipt  of  the  following  topic  proposals  and agreed to defer consideration of each proposal until the next meeting:

Legitimacy (Jersey) Law 1973

Education for Democracy

Poverty in Jersey

Speed Cameras

The Panel considered whether the Legitimacy (Jersey) Law 1973

fell within its remit. It requested the Officer to clarify the situation

and agreed to consider the proposal at the next Panel meeting. WM

  1. Forthcoming Propositions

The Panel considered the following propositions and agreed that

it would not seek to have them referred to it for review:

P214/2005 - Employment legislation – petition

P258/2005 - Composting Facilities

P.270/2005 - Draft Employment (Amendment No. 2) (Jersey) Law 200-

P5/2006 - Draft  Employment  Relations  (Amendment) (Jersey) Law 200-

  1. Co-ordination of Questions to Ministers

The Panel noted that the Chief Minister and Minister for Social Security  would  be  subject  to  questions  without  notice  at  the

States sitting of 14th March 2006.

The Panel agreed it would be beneficial to co-ordinate questions without notice for those Ministers within its remit. It further agreed to defer consideration of the matter pending an opportunity for the Panel  to  discuss  the  matter  with  members  of  other  Scrutiny panels.

  1. Future Meetings

The  Panel  noted  that  the  next  meeting  would  take  place  at 9:30am on Monday 20th March in the Le Capelain Room, States

Building.

The Panel agreed that it would hold its meeting on 18th April 2006 at Trinity Parish Hall .

The Panel noted that the following Panel meetings would occur on a Tuesday:

18th April 2006

2nd May 2006

16th May 2006

Signed Date ..

Chairman, Social Affairs Panel