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Environment - Approved Panel Minutes - 21 September 2006

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Environment Scrutiny Panel Meeting No. 26

21st September 2006

Le Capelain Room, States Building

Present Deputy R.C. Duhamel (Chairman)

Connétable K. A. Le Brun of St Mary Deputy Le Hérissier

Deputy S. Power

Apologies Deputy G.C.L. Baudains (Vice Chairman) Absent

In attendance I. Clarkson, Scrutiny Officer

M. Robbins, Scrutiny Officer

 

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Agenda matter

Action

1.

Minutes

The Panel noted that it had received 2 separate revisions of the minutes of the meeting held on 7th September 2006. One revision referred  under  Item  1  (Minutes  of  the  meeting  held  on  24th August 2006) to a decision of the Panel to –

require re-wording of paragraph three in item ten to reflect that the £500 fee paid to Mr. D. Mason was as recompense for loss of earnings and time expended on the fact finding visits and not as stated for compensation for time away from his business.'

The phrase require re-wording of paragraph three in item ten had been replaced in the latter revision with the words rescinded paragraph three in item ten and requested it be amended'.

Deputy R.C. Duhamel explained that, in his view, the Panel had required a re-wording of paragraph three and had not rescinded that part of the minutes of 24th August 2006. The Panel accepted the view expressed by Deputy Duhamel and instructed officers to re-insert the original wording within Item 1 of the minutes of 7th September 2006.

On a related matter Deputy Duhamel questioned the accuracy of the wording used to describe the terms of the decision to pay Mr.

D. Mason a £500 fee. It was reported that the wording used was identical to that which appeared in the minutes of the meeting held on 29th June 2006 to describe the arrangement. Moreover, the minutes of 29th June had been approved by the Panel and signed by the Chairman. The Panel noted the position.

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2.

Matters arising

Item 10, 7th September 2006 - The Panel, having noted the absence of Deputy G.C.L. Baudains, expressed concern that it was unable to consider and resolve matters raised in the e-mail circulated by Deputy Baudains entitled Panel Management of Issues'. Deputy  R.G.  Le  Hérissier  reported  that  he  had  been asked  by   Deputy  Baudains  to  advise  the  Panel  that   Deputy Baudains was not minded to attend any further Panel meetings. The Panel considered that it would be difficult to reconcile the reported  position  of   Deputy  Baudains  with  his  rôle  as  lead member of the Planning Process review, particularly as the Panel might need to meet on one or more occasion in October 2006 to finalise  the  Planning  Process  report.  Although  the  Panel

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reaffirmed its commitment to continuing with the Planning Process review and for Deputy Baudains to continue as lead member, it decided that Deputy Duhamel should write to Deputy Baudains as soon as possible seeking clarification of his position as a member of the Panel.

 

3.

(Item 5 07/09/06)

Planning Process Review

The Panel considered a progress report dated 15th September 2006  and  produced  by  the  Scrutiny  Office.  It  noted  that  one further hearing would be held on Monday 25th September 2006, at which a final series of questions would be put to Senator F.E. Cohen, Minister for Planning and Environment. Legal advice from the Law Officers' Department concerning development briefs had not yet been received; however, the Panel noted that answers given by the Minister for Planning and Environment at the public hearing held on 20th September 2006 might possibly affect the relevance of the anticipated advice. The Panel noted the position.

The Panel was advised that the rate of progress on production of the final Planning Progress report would be affected by demands placed on the lead officer by the Economic Affairs Sub Panel (Telecoms  Privatisation).   Deputy  Duhamel  expressed reservations regarding the existence across the Scrutiny function of 6 sub panels, three of which had been formed in recent weeks. He invited the Panel to consider whether it was content with the decision  of  the  Scrutiny  Manager  to  resource  the  Economic Affairs Sub Panel (Telecoms Privatisation) using one of the two officers initially allocated to the Environment Panel. The Panel noted  that  the  Sub  Panel  (Telecoms  Privatisation)  was provisionally  due  to  complete  its  work  in  January  2007.  No decision was reached.

 

4.

(Item 6 07/09/06)

Design of Homes Review

Deputy S. Power reported that progress on actions arising from the previous meeting concerning the Design of Homes review had been limited due to the demands placed on the Scrutiny Office by the decision to host a composting exhibition on 15th and 16th September 2006. It was clarified that Deputy Power would in early course produce a report concerning the objectives achieved by the fact finding visit to London. He would subsequently work with the Scrutiny Office on a proposal for consideration by the Panel regarding  additional  visits  to  Malmo,  Sweden  and  to  Vienna, Austria. Preliminary indications were that logistical arrangements for a single fact finding visit covering both destinations would be difficult. The Panel noted that the reports would be produced and agreed that the Minister for Planning and Environment and the Minister for Housing should be encouraged to accompany the Panel on any such visits.

Deputy  Power  requested  further  clarification  on  the  matter  of Panel  working  practices.  He  recalled  that  on  14th  September 2006 he had sent members of the Panel an e-mail requesting permission  to  arrange  a  meeting  with  Senator  F.E.  Cohen, Minister for Planning and Environment and Senator T.J. Le Main to  discuss  common  subject  areas  within  Planning  for  Homes documents and the Design of Homes reviews. He further recalled that Panel members remained opposed to the concept of such meetings and he invited the Panel to consider the issue in light of working  practices  on  the  other  ongoing  reviews.  The  Panel considered that it was of paramount importance to ensure that

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working practices adopted by Scrutiny did not compromise its ability  to  review  the  policies  of  the  Executive  from  a  wholly independent, and impartial, perspective. It was not the purpose of Scrutiny to assist individual Ministers to accelerate development of their preferred policy proposals. Neither was it the purpose of Scrutiny to act as a formal opposition to the Executive. Deputy Power accepted the foregoing. He nevertheless contended that the  purpose  of  his  proposed  meeting  was  merely  to  identify subject areas that were key both to a forthcoming Planning for Homes project and to the Panel's own terms of reference, as well as  to  identify  and  set  aside  those  subjects  where  there  was potential for needless duplication of work. Deputy Power invited the Panel to clarify on what basis lead members were entitled to hold meetings with members or other persons relevant to their respective reviews. The Panel agreed that any meetings at which it  was  anticipated  that  material  of  evidential  value  might  be obtained should be conducted by the relevant working party or by the full Panel, rather than by individual members.

Deputy Duhamel advised that he held monthly meetings with the

Minister  for  Planning  and  Environment,  at  which  the  Minister

briefed him on possible future developments. Matters of relevance

to ongoing Panel reviews were not discussed at those meetings.

Indeed,  he  considered  that  it  would  be  unhelpful  for  Panel

members to engage in individual and private conversations with

Ministers on matters of direct relevance to ongoing reviews. At a

recent meeting he had provisionally arranged for the Minister for Panel / MR Planning and Environment to meet with the Design of Homes

Working Group on 29th September 2006. He suggested that the MR objectives proposed by Deputy Power could be achieved at that

meeting.   Deputy  R.G.  Le  Hérissier  expressed  reservations

regarding the ongoing arrangement with the Minister for Planning

and  Environment.  He  suggested  that  a  more  open  approach

might be to invite both the Minister for Planning and Environment

and the Minister for Transport and Technical Services to brief the

Panel on up and coming matters of importance, perhaps on a

quarterly basis. A discussion followed on the matter of whether

such meetings should be minuted. No agreement was reached. It

was subsequently confirmed that the Design of Homes Working

Group would seek to meet with the Minister for Planning and Environment on the afternoon of 29th September 2006 in order to

pursue  the  objectives  identified.  Officers  were  instructed  to

finalize the necessary arrangements and, further, to arrange a

similar meeting with the Minister for Housing.

5. Waste Review

(Item 11 Connétable Le Brun gave an oral presentation to the Panel on the 07/09/06) visit to the RMW exhibition in Birmingham, which he visited with

Deputy  Duhamel  on  14th  September  2006.  The   Connétable described  the  international  exhibition  as  the  biggest  and  best

annual show in the country for matters connected with waste. It showed  a  clear  and  increasing  interest  in  recycling  on  a worldwide  scale  and  many  recent  improvements  in  recycling practices were noted. Many stallholders were spoken to and the visit was considered to have confirmed the objectives set out within the terms of reference of the review. The Panel noted the total cost of the trip was £681.92, which was within the budget set aside  and  this  was  accepted.  It  was  agreed  that  there  was enormous  benefit  of  speaking  directly  to  people  rather  than

 

relying on brochures and web sites to obtain information.

 

6.

(Item 7 07/09/06)

Waste Review: Composting Exhibition

The Composting exhibition at the Royal Jersey Agricultural and

Horticultural Society Hall on 15th and 16th September 2006 was considered  by  the  Panel  to  have  been  a  success.  It  clearly

relayed the message that companies were working within Animal By-products Regulations (ABPR) Regulations and that food waste was being processed within the green waste stream. A question was raised as to whether the supermarket chains were accepting potatoes  grown  on  land  where  compost  meeting  PAS100 standards and ABPR rules had been used. A letter was to be drafted to the supermarket chains to establish their position in that matter. It was noted that the objection from Island departments seemed to relate to previous problems in the farming industry caused by feeding meat products to cattle but that this was not the same as the issues of composting food waste.

The Panel agreed that the show had the correct number of stands and the presentations, which were well accepted by the audience, were  of  the  correct  length  and  content.  There  had  been  a reasonable turnout from the Ministers and other States Members although  the  absence  of  the  Minister  for  Health  and  Social Services was noted. Letters of thanks were to be written to the companies who attended. The Panel thanked the officer for the work undertaken arranging the show.

Feedback received from the Prison revealed that Mr Dautun, a Unit Manager, had been at the presentations and was interested in obtaining a composting machine for the Prison. He extended an invitation for the Panel to visit the Prison. This was considered an invitation worth accepting if the Prison obtained such a machine.

A paper showing the final costs of the exhibition was presented to the Panel, which outlined the final cost of £6,324.08. This was within  the  budget  of £6,600 set aside  for  the  event  and was accepted by the Panel.

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7.

(Item 7 07/09/06)

Waste Review: Zero Waste Trial

The Chairman gave an oral presentation to the Panel relating to the Zero Waste Trial being conducted by the Parish of St Helier. It was reported that the trial was currently achieving a diversion rate in excess of 50%. There was evidence of good will from the residents within the scheme who had commented on the cleaner bins as a result of the food waste being diverted. It was noted that the  trial  was  to  be  aired  on  the  BBC's  Spotlight  South  West television program, where they would be following each waste stream from collection to final destination or sale.

 

8.

(Item 7 07/09/06)

Waste Review: Fact Finding Trip to Cardiff

Consideration of a fact finding trip to examine a computerised waste collection and sorting system in Cardiff was deferred until the next meeting. A paper outlining the information being sought, the availability of this information, the value which would be added to the review by such a visit and the estimated cost was to be presented.

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9.

Waste Review: Airport Exhibition

The Chairman made an oral presentation to the Panel in respect of a small exhibition he was proposing which could be held at the Airport. The object would be to show the transition of recycling in rubber, textiles and glass. The Airport would be available for the week commencing Monday 25th September 2006 and would be

 

 

free to the Panel. There would be costs relating to the hire of screens and tables. The Panel examined the time available to the officer to deal with this request and once satisfied, accepted the proposal.  It  also  agreed  to £700  being  authorised  for  costs relating to the setting up of the exhibition.

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10.

Panel Members

In  a  discussion  raised  by  the Chairman,   Connétable  Le  Brun reminded the Panel that there was likely to be some movement of Members  between  Panels  when  the  5th  Scrutiny  Panel  was created. Deputy R. G. Le Hérissier informed the Panel that he might move at that time. Deputy S. Power informed the Panel that he was content where he was.

 

11.

Time and Date of Next Meeting

9.30am, Thursday 12th October 2006, Le Capelain Room, States Building.

It was noted that this meeting was out of the two week sequence but that future meetings would continue as previously booked with the following meeting being 19th September 2006.

 

Signed Date ..

Chairman, Environment Panel