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Chairmen's Committee - Approved Committee Minutes - 7 December 2007

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CHAIRMEN'S COMMITTEE

Meeting of Chairmen held on 7th December 2007 Meeting Number 66

Present Deputy S C Ferguson, President

Deputy R G Le Herissier, Vice President Deputy R C Duhamel

Deputy G P Southern (from end item 3) Deputy A Breckon (item 1 -8)

Deputy P J D Ryan

Deputy J G Reed (item1-8)

Deputy D W Mezbourian

Apologies

In attendance Mrs K Tremellen-Frost, Scrutiny Manager

 

Ref Back

Agenda matter

Action

1

Minutes

The Minutes of 5th and 17th October 2007 as amended and of 2nd and 15th November 2007, were taken as read and signed accordingly

 

2

Internal Review into working practices

The  Committee  noted  that  work  on  the  preparation  of  Key Findings and Recommendations was underway.

 

3

Panel reports

The  Committee  noted  the  ongoing  work  programmes  of  the Panels  and  considered  the  following  matters  which  were  not included on the Panel position reports:-

Corporate Services Panel

Upon questioning by Deputy Duhamel regarding issues relating to  the  Review  into  the  proposed  Waterfront  Development: Esplanade Square, Les Jardins de la Mer and La Route de La Liberation, the Chairman, Corporate Services Panel explained that he was not part of that Sub-Panel as he had a conflict of interest. It was agreed that Deputy Duhamel would speak directly to Deputy C. Egré who was the Chairman of the Sub-Panel.

Economic Affairs

Hearings regarding reviews of Jersey Finance Limited and also Jersey Telecoms Privatisation might be held during December.

Education and Home Affairs

Early Years and User Pays reports were currently being drafted.

Health, Social Security and Housing

Information in respect of the review into Mobile Telephone Masts continued to be received. There was likely to be an addendum to the  original  report  in  late  January  2008.  Monitoring  of  the Housing  Minister's  review  of  social  housing  was  continuing, however, the Panel was maintaining some distance from that review at this stage. Income support would be monitored by the

 

 

 

Sub-Panel from 28th January 2008.

 

 

 

The report on the Review of the Island Plan to rezone land for lifelong retirement dwellings for the over 55's and first time buyer homes,  had  been  forwarded  to  the  Sub-Panel.  It  had  been agreed that the deadline for submissions of 14th January 2008 was not achievable.

 

 

 

Environment

Water  Quality  issues,  St.  Aubin's  Bay:  The  Committee  was advised that money which had been spent on the sewage plant had been badly spent as it was operating at lower flow rates. The Panel was in receipt of information that it might forward to the Public  Accounts  Committee.  The  Panel  was  considering alternative provisions for the sewage plant.

 

 

 

The  Panel  had  considered the  Review  of  the  Island  Plan  to rezone land for lifelong retirement dwellings for the over 55's and first  time  buyer  homes  and  noted  the  importance  of  the document, how it linked with the Imagine Jersey 2035 document and its impact on the infrastructure of the Island.

 

 

 

The Committee noted that Panel Members and an officer had attended an excellent Tidal Power Summit and explained some of the issues which had come to the fore. The Chairman was requested to prepare a brief paper on such issues.

 

 

 

General

It was also agreed that if Members were aware of any legislation which was due, they should pass it to the relevant Panel for consideration.

 

4

 

Review  of  the  Island  Plan  to  rezone  land  for  lifelong retirement dwellings for the over 55's and first time buyer homes/Imagine Jersey 2035

 

 

 

The  Committee,  noting  the  importance  of  this  document, considered the best means of addressing it. It considered an additional supplementary Chairmen's Committee meeting or the inclusion  of  one  representative  per  Panel  on  the  Corporate Services Migration Sub-Panel. The Committee recalled that the Chairman, Corporate Services Scrutiny Panel had requested in the States that the Chief Minister agree to a two-month extension of the consultation period for Imagine Jersey 2035. The Chief Minister had agreed to look into the practicality of the request and the Committee agreed that a letter supporting this request should be forwarded to the Chief Minister.

KTF/SF

5.

 

Chief of Police: interviews by Scrutiny Panels

 

02.11.07

Item 5

[Ed/HA (ii)]

 

The  Chairman,  Education  and  Home  Affairs  Scrutiny  Panel advised the Committee that, as the Chief of Police was neither a public employee nor a Civil Servant, that if a Panel wished to speak to him, a separate invitation should be sent under the States of Jersey (Powers, Privileges and Immunities) (Scrutiny Panels , PAC and PPC) (Jersey) Regulations 2006.

 

6

 

Review of States Expenditure

 

02.11.07

Item [PAC]

5

The Committee welcomed Mr. C. Swinson, O.B.E., Comptroller and  Auditor  General  [C&AG]  to  the  meeting  and  received  a presentation in respect of the Review into States Expenditure.

 

The C&AG explained that the purpose of his attendance at the meeting was purely on an information-giving basis and that he was not seeking funds.

He explained that his review would comprise three phases:-

  1. Consideration of what the States had undertaken

in order to achieve the £35 million reduction; what had been possible  and  not  possible.  This  report  was  scheduled  to  be completed in January 2008, would be a public document and forwarded to the Public Accounts Committee.

  1. A series of Departmental studies would follow with

some  cross-cutting  reviews.  The  Committee  noted  that  the Senior  Management  Teams  in  each  Department  had  been requested to consider ways of cutting the expenditure of their respective Departments. These cuts may be ones which could have an effect on service delivery. The purpose of this was to identify  whether  proposed  cuts  were  correctly  described  and whether other areas could be considered. This would require a political debate. The cross-cutting reviews would be undertaken to  ensure  that  issues  were  not  missed.  This  report  was scheduled to be published by end March 2008.

  1. This phase would consider issues in the Public

Finances (Jersey) Law 2005 regarding the technical structures in place to control expenditure. This would form the basis of a Public Accounts Committee review later in 2008.

The Committee was advised of the Departments which would be examined  and  noted  some  concerns  regarding  one  specific Department. The C&AG explained that this study regarded the principle of the way the States managed its expenditure. It was noted that the move away from the Committee structure had implied  corporate  control  within  the  Corporate  Management Board but it appeared that some expenditure control had not moved to that model.

The C&AG noted that scrutiny would like, indeed, needed to see planned expenditure in a comprehensible format: departmental list of projects, how much they had allocated to which project and whether they had delivered.

The  Committee  noted  that  it  was  important  that  the  C&AG maintained his independence throughout all his work to avoid any political involvement. However, he explained the importance of all States Members in playing their part in ensuring the system worked. He also welcomed advice as to how best to raise the matter in the public domain.

Finally  the  Committee  noted  that,  once  the  reports  were available, it would be essential to work together as a scrutiny team to progress the matter.

The C&AG withdrew from the meeting.

7 Draft Code of Practice

05.10.07 The Committee considered comments from the Scrutiny Panels in Item 5 respect of the draft Code of Practice and agreed a number of amendments [as attached].

With regard to 12.3 "The Scrutiny Manager provides an executive support to the Chairmen's Committee," the Environment Panel Chairman advised that his Panel had unanimously agreed that this was inaccurate as scrutiny did not have a Chief Executive Officer and that it should read "The Greffier of the States provides the executive support to the Chairmen's Committee".

The  Committee  was  advised  that,  once  the  officer  to  the Environment Panel had clarified the amendment which had been made to this clause [which had been to amend the former clause which  read: "The  Scrutiny  Manager  provides  an  executive support to the Chairmen's Committee and the Public Accounts Committee" to remove the Public Accounts Committee from the clause as this was no longer the case] to Panel Members on the day  following  the  Panel  meeting,  they  rescinded  the  original decision and approved it. However, despite this explanation from both  the  Scrutiny  Manager  and  the  President,  Chairmen's Committee, the Chairman was unprepared to accept this and pursued the matter that it was a unanimous decision of the Panel.

The Scrutiny Manager volunteered to withdraw from the meeting to see whether the Greffier of the States was available to attend to offer the support to the Chairmen's Committee and prepare the minutes thereafter.

Following a vote of the Committee it was agreed by all but one Member to retain the phrase, as amended. KTF

The  Committee,  having  agreed  a  number  of  amendments, decided that the updated version, highlighting the latest changes should  be  sent  to  all  Scrutiny  Members  for  notification. Subsequently  there  would  be  an  electronic  mail  meeting  to approve the draft Code be lodged "au Greffe".

8 Annual Business Plan/Departmental Business Plans

15.11.07 The  Committee  noted  the  reports  in  respect  of  the  Annual Item 1 Business  Plan  2009  and  Departmental  Business  Plans  2008 considered by the Council of Ministers at its last meeting and noted that the process for the coming year was now agreed between all parties.

It noted concerns of the Chairman, Economic Affairs Panel that the timetable would not produce any improvement as it would be rushed  again.  He  reiterated  his  view  that  scrutiny  should  be considering a two-year process from the outset.

It was agreed that the whereabouts of Departmental Business KTF Plans should be identified as they were due to Scrutiny Panels in December.

It was also noted that two officers [Mike Haden and Liz Kingston- Walsh] had attended a course on financial scrutiny at INLOGOV, University  of  Birmingham  and  noted  that  difficulties  in  local government in this respect mirrored issues in Jersey.

It was further and finally noted that three officers [Mike Haden, Nathan Fox and Liz Kingston-Walsh] were also attending a local course with Jersey Business School which was being held for public employees on the preparation of Business Plans.

9 Machinery of Government Review

The  Committee  considered  correspondence,  dated  29th November 2007 from the President, Privileges and Procedures Committee and noted the particular recommendations that that Committee wished the Chairmen's Committee to consider.

 

It agreed that it would consider a draft response prepared by the Scrutiny Manager which would be circulated by email and that if this  were  approved  it  would  be  forwarded  accordingly.  The Committee  would  reconsider  whether  it  wished  to  hold  a subsequent meeting in respect of this report in the New Year.

KTF

10 02.12.07 Item 6

Newsletter - issue 2 evaluation

The  Committee  noted  an  evaluation  of  the  preparation  and production  of  the  Scrutiny  Matters  newsletter  issue  no.2.  It agreed that consideration regarding the publication of a third Newsletter during Spring 2008 would be given at a subsequent meeting.

 

11 20.11.06 Item 9

Home Lifestyle Show; November 2008

The Committee recalled that the Environment Panel had had a stand at the Home Lifestyle Show in November 2006 which had been agreed to be most successful. It also recalled that following that exhibition, the Chairmen's Committee of that day had agreed that for subsequent Home Lifestyle Exhibitions, either all Panels should be encouraged to have a stand or there should be a joint stand.

The Committee noted from the Environment Panel report that it had  already  booked  a  stand  and  paid  a  deposit  without consideration of the previous Chairmen's Committee decision. The Committee, having considered the opportunities for public engagement  on  behalf  of  the  scrutiny  function  as  a  whole, agreed that it was more appropriate to have one generic scrutiny stand rather than the Environment Panel have one and scrutiny have another. It was agreed that a larger stand should be sought to replace that booked by the Environment Panel and funding could be made available from the General Scrutiny Budget.

The Committee also considered the timing of the event and, noting that it was to be held in early November 2008, was aware of the proximity to the date for the election of Deputies. On consideration of this, it was agreed that this would probably be a slack time in terms of scrutiny work and that a number of officers could  possibly  be  freed  to  prepare  and  man  this.  Scrutiny Members could then attend as was convenient to them on a personal basis.

The  Scrutiny  Manager  was  requested  to  take  the  necessary action.

KTF

12

States Assembly underspend - early transfer to Treasury

The Committee considered a verbal report from the President in respect  of  the  transfer  of  an  underspend  from  the  States Assembly budget to Treasury which had been offered by the Privileges  and  Procedures  Committee.  Panel  Chairmen expressed  concern  how  this  could  be  undertaken  without consultation with the Chairmen's Committee and they requested information be forwarded to each Panel Chairmen advising them of  how  much  budget  had  been  retained  for  their  respective Panels.

KTF

13

2008 meeting dates

The Committee agreed the following dates, noting that, due to the elections, some meeting dates might be rescheduled: -

 

January 18th February 22nd March 28th April 25th

May 23rd

June 20th

July 11th August 8th September 12th October 10th November 7th December 5th

Signed Date

.. President, Chairmen's Committee