Skip to main content

Chairmen's Committee - Approved Committee Minutes - 1 June 2007

The official version of this document can be found via the PDF button.

The below content has been automatically generated from the original PDF and some formatting may have been lost, therefore it should not be relied upon to extract citations or propose amendments.

CHAIRMEN'S COMMITTEE Meeting of Chairmen held on 1st June 2007 Meeting Number 47

Present Deputy S C Ferguson, President

Deputy R G Le Hérissier, Vice President

Deputy R C Duhamel

Deputy F J Hill

Deputy J A Martin

Deputy P J D Ryan (with the exception of Items 1 and 2) Deputy J G Reed

Deputy A Breckon (Items 1-4)

Apologies Deputy G P Southern

Absent

In attendance Miss S. Power, Scrutiny Officer

Mr M. De La Haye, Greffier of the States (Item 3)

 

Ref Back

Agenda matter

Action

 

1. Minutes

  1. 18th  May  2007 -  The  Committee  noted  that  there  were several amendments that needed to be made to the Minutes of

the meeting of the 18th May 2007, and requested for them to be made  and  placed  on  the  agenda  for  approval  at  the  next

meeting.

  1. 22nd May 2007 The Minutes of 22nd May 2007 were taken as read and signed accordingly.

SP

 

2. Panel Position Reports

The Committee received and noted individual Panel Reports as read, in addition to the following additional information that had arisen since the Reports had been produced:

  1. Corporate Services Scrutiny Panel

The Committee noted that the Panel Chairman had received a letter  dated  the  24th  May  2007,  from  the  Chairman  of  the

Privileges and Procedures Committee requesting the Corporate Services Scrutiny Panel to conduct a Review into the proposed draft Freedom of Information Law. The letter further proposed that the draft law would not be lodged prior to any potential Scrutiny Review.

The Chairman of the Panel explained that this was an issue that needed to be discussed in full by his Panel, however initial caution  was  expressed  given  the  Panel's  currently  heavy workload. The Committee was supportive of the Chairman's initial reluctance, as it was believed to be a contentious issue that would elicit many individual political viewpoints if subjected to a Scrutiny Review.

  1. Economic Affairs Scrutiny Panel

 

Money Laundering Regulations

The Panel will soon be considering the possibility of forming a Sub-Panel  to  conduct  a  Review  into  money  laundering regulations.

Economic Development Department Business Plan

The Committee discussed the issue that had arisen in terms of the  invitation  to  the  Minister  for  Economic  Development  to attend a Panel meeting to discuss the Business Plan, and the reluctance of the Minister for this discussion to take place in public. It was agreed that the Chairman of the Panel should GS write  to  the  Minister  to  suggest  an  alternative  date  for  his attendance at a Panel meeting. This meeting should take place

in public, however it was agreed that the letter should suggest

that any issues that needed to be discussed in private could

take place during  an in  camera' session at the end of the meeting.

c) Education and Home Affairs Scrutiny Panel Review of the Centeniers Role in the Magistrate's Court:

The Committee noted that the Panel was currently experiencing some  difficulties,  as  individual  Panel  members  had  differing views on the way forward in terms of the content of the draft Report. The Panel would be considering the final draft of its Report at a meeting on the 4th June, and it was hoped that it

would be possible for the Panel to reach a consensus at this meeting.

Letter from the Minister for Home Affairs:

The  Committee  noted  that  the  Chairman  of  the  Panel  had received a letter from the Minister for Home Affairs, dated the 24th May 2007, highlighting several forthcoming pieces of work the department would be focusing on in advance of the IMF Inspection  Team's  attendance  in  the  Island  in  the  second quarter of 2008. It was noted that the Minister had requested the Panel's support in enabling the various pieces of legislation to proceed to debate in the States after the mandatory lodging period.

  1. Health, Social Security and Housing Scrutiny Panel Telephone Mast Review

The Committee noted that following Public Hearings at the end of  May,  the  Minister  for  Economic  Development  had  been supportive  of  the  Panel's  Report,  and  had  agreed  to  move forward in accordance with the Panel's recommendations. It was further noted that to date the Panel had been unable to arrange a Public Hearing with the Minister for Health and Social Services  to  discuss  the  relevant  recommendations  for  his department.

Housing Property Plan Review

The  Committee  noted  that  the  Chairman  of  the  Sub-Panel would be preparing a statement to make to the House on the 5th June 2007, highlighting serious issues that had emerged during the course of the Sub-Panel's Review, in order to enable members  to  decide  whether  the  debate  should  proceed  as

planned on the 19th June 2007. Income Support Sub-Panel

The Committee noted that this issue had been subject to further delays, and the new Income Support system would now be going live on the 2nd January 2008.

Business Plans

The  Committee  noted  that  the  Sub-Panel  conducting  this Review had experienced difficulties, as it was felt that there was not enough information available in order for a full and thorough Review to be completed. It was further noted that the reporting deadline  of  the  end  of  April,  requested  by  the  Council  of Ministers, had proven impossible to follow.

Concern was also expressed by the Panel Chairman, as there had been great difficulty in obtaining requested information from SF the Health and Social Services Department, as despite items being outlined in the Business Plan, when further information

was requested on these items it was not available.

The Committee agreed that as a result of these difficulties, in conjunction with similar problems experienced with the Housing Property Plan Review, the President of the Committee would write  a  letter  to  the  Chief  Minister  highlighting  the  current difficulties in terms of access to requested information from both the Health and Social Services and Housing departments.

  1. Environment Scrutiny Panel Sheltered Housing Proposition

The Committee noted that there had been some suggestion that the Panel should Review the Sheltered Housing Proposition. However, it was explained by the Chairman that the viability of

such a Review was uncertain, as there were difficulties in terms RD/AB of availability of data due to further work that is being conducted

by the Population Office that would be of benefit to such a

Review. It was further explained that there is a need for a full

Review  to  be  conducted  into  the  Island  Plan,  which  could incorporate work into the proposals for Sheltered Housing. The Chairman  explained  that  the  Panel  would  be  writing  to  the

Minister  for  Planning  and  Environment  highlighting  concerns

with the Sheltered Housing proposition, and it was agreed that

this should be a joint letter from the Chairman of the Health,

Social  Security  and  Housing  Scrutiny  Panel,  to  incorporate

issues with the housing elements of the proposition.

  1. Public Accounts Committee

The Committee noted that the PAC's main event for 2007 would

take place on the 30th July 2007, where the Committee would be holding Public Hearings with the Chief Officers from the

Health and Social Services; Home Affairs; Education Sport and Culture;  and  Housing  Departments  to  discuss  the  annual accounts for these departments.

The  Committee  would  also  be  issuing  comments  on  the Comptroller and Auditor General's last three reports within the next week.

  1. Propositions to the States

Item 1 a) Code of Practice

22/05/07 Further to the Committee's decision on the 22nd May 2007 to

lodge the draft Code of Practice in its entirety before the 5th June 2007, the Committee received an amended version of the

Legal advice section of the draft Code of Practice, compiled by H.M. Attorney General that had been sent to the President. The Committee agreed that this version did not reflect the views of the Committee in terms of Scrutiny's access to legal advice.

The Committee further considered the version of the draft Code

of Practice, as lodged on the 15th August 2006. The Committee MDLH/SP made several amendments to this document, and requested for

the Greffier of the States and the Scrutiny Officer to incorporate

the changes accordingly. The Committee reaffirmed its earlier

decision for the document to be lodged on the 5th June 2007, and  delegated  responsibility  to  Deputies  Ferguson;  Le

Hérissier; and Hill to review the document in full in advance of

5th June 2007, to consider any additional amendments that the

Committee may wish to make. It was agreed that the final

version  would  be  circulated  to  all  Chairmen's  Committee

members by email to provide the opportunity for members to Item 5 comment, in advance of lodging.

18/05/07

  1. Access  to  Council  of  Minister's  Part  B  background papers

The Committee considered a draft report and proposition in respect of access to Council of Ministers' Part B background papers, and agreed that, rather than lodging this as a separate item, it should be included in the draft Code of Practice to be lodged on the 5th June 2007.

On  a  separate  matter,  on  behalf  of  the  Economic  Affairs Scrutiny Panel, Deputy Martin raised an issue in terms of the Code of Practice on Public Access to Official Information. It

was  explained  to  the  Committee  that  the  Panel  had  been experiencing  difficulties  in  terms  of  the  distribution  of

information  as  the  Minister  for  Economic  Development  had JM attempted to rely on exemptions under the Code of Practice in

an  attempt  to  prevent  publication  by  the  panel  of  certain information. The Committee agreed that the Code only referred

to the information flow between members of the public and the

States, and it was therefore not believed to be appropriate for it Item 2 to  affect  the  flow  of  information  from  Ministers  to  Scrutiny.

22/05/07 Deputy Martin agreed to provide this feedback to the relevant

parties.

  1. Amendment of Standing Order 141 MDLH Further to its meeting of the 22nd May 2007, the Committee reconsidered its decision for the President of the Chairmen's

Committee to be elected annually, and agreed that it no longer

wished for this amendment to be made to Standing Orders.

The Committee requested the Greffier of the States to prepare an amendment to Standing Orders to permit the President of the  Chairmen's  Committee  to  be  elected  from  within  the Chairmen's Committee rather than with approval of the States.

  1. Debrief on Scrutiny Away Day

The Committee received and noted notes from the Scrutiny

Away Day on the 22nd May 2007, and requested for a date to KTF be arranged for the next meeting to take place in six months

time.

  1. Orchid Communications

The Committee agreed to defer this item of business to its next

meeting on the 29th June 2007, and requested for it to be SP placed as a matter of priority on the agenda for this meeting

accordingly. It was agreed that Deputies Ferguson and Reed SF/JR would  produce  a  paper  for  consideration  at  this  meeting,

highlighting the main areas where Scrutiny would benefit from

public relations input.

The Committee further requested for the following information to SP/KTF be included for consideration with this agenda item:

  1. Quarterly figures outlining the expenditure to date for

the work conducted by Orchid Communications.

  1. Up to date statistics from the Scrutiny website.
  1. Scrutiny Article – Institute of Directors Newsletter

The Committee noted articles prepared by Deputy Ferguson

and Mr E. Egglishaw, Orchid Communications, for inclusion in

the next edition of the Institute of Directors Newsletter. Deputy

Ferguson requested that members let her know of any feedback All

on either article as soon as possible. members

  1. Date of next meeting:

29th June 2007: 9.30 am, Le Capelain Room, States Building

Signed Date: .. President, Chairmen's Committee