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Chairmen's Committee - Approved Committee Minutes - 9 March 2007

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CHAIRMEN'S COMMITTEE Meeting of Chairmen held on 9th March 2007 Meeting Number 43

Present Deputy R C Duhamel, President

Deputy F J Hill

Deputy G P Southern

Deputy R G Le Hérissier Deputy P J D Ryan

Deputy A Breckon

Deputy J G Reed

Deputy S C Ferguson

Apologies

Absent

In attendance Mrs K Tremellen-Frost, Scrutiny Manager

Mr W Millow , Scrutiny Officer

 

Ref Back

Agenda matter

Action

 

1. Revised Agenda

Due the implications of an imminent proposition to be lodged under Standing Order 22, the Committee agreed it would not consider all items on the agenda.

 

 

2. Minutes

The Minutes of 2nd, 9th and 19th February 2007 were taken as read and signed accordingly.

The Committee agreed to amend Item (c) of the Minutes of 12th February 2007 to reflect the fact that the purpose for circulating sections of draft Scrutiny Reports to the relevant Minister was "to provide the Minister with the opportunity to comment on any matters of a technical nature but not on a Panel's findings or recommendations." The Committee approved the Minutes as amended and they were signed accordingly.

 

 

3. Matters Arising

The Committee noted that work was in progress on the Draft Scrutiny Members Protocol and also in relation to the Code of Practice  on  Public  Consultation  as  drawn  up  by  the Communication's Unit.

 

 

4. Panel Position Reports

The Committee received and noted Panel Reports for-

a) Corporate Services Panel Zero/Ten Review

The Panel had formed a new Sub-Panel to conclude the final stage  of  its  review  into  the  legislative  framework  to  support Zero/Ten. The review would focus on the second part of the Zero/Ten  legislation. The  Sub-Panel  hoped  to  receive  a confidential  copy  of  the  draft  legislation  within  the  next  few weeks.

 

The Committee received and noted Terms of Reference for the review into the legislative programme to support Zero/Ten. It further noted that the Sub-Panel conducting the review would be constituted as follows:

Senator J.L. Perchard, Chairman

Senator B.E. Shenton

Deputy P.J.D. Ryan

Mr. B. Curtis (Local unpaid expert advisor)

The Committee noted that the Sub-Panel would continue to use Mr. R. Teather as an advisor.

Overseas Aid Review

The Sub-Panel had held three days worth of public hearings on 5th, 6th and 7th February 2007. The Sub-Panel was now in the

process of analysing all the evidence and information it had received. It would soon begin to draft its report, with a view to presenting it to the States at the beginning of April 2007.

GST Review

The GST Sub-Panel had held a preliminary meeting with the GST Director to discuss the latest draft of the primary legislation, prior  to  a  public  hearing  with  the  Minister  for  Treasury  and Resources, Senator T.A. Le Sueur. It had also discussed in private session the compatibility of the law with Protocol 3 with the Attorney-General. Mr. W.J. Bailhache QC. It was expected that the GST legislation would be lodged in the near future for debate in April/early May 2007. The Sub-Panel would prepare a report in advance of that date.

Migration Review

The  Sub-Panel  had  met  Mrs.  E.  Martins,  Data  Protection Commissioner,  to  discuss  issues  regarding  the  proposed population register. It had also met Mr. D. Millar d, Head of the Statistics Unit, to discuss methods of calculating the working population.

The Sub-Panel  continued  to  search  for  an expert  adviser  to assist with this review. A scoping document and estimate of expenditure would be forwarded once further work had been done on the timetable for the review.

The Committee received and noted Terms of Reference for the Sub-Panel's Review.

Scrutiny of States Annual Business Plan and States Budget

The Panel had received a confidential briefing from Mr. I. Black, States Treasurer, on the indicative cash limits. In the next stage of the process, the Panel would look at the outcome of the Council  of  Minister's  deliberations  on  high  level  cash  limits, revised income forecasts and high level taxation implications.

All Scrutiny Panels would receive details of the proposed cash limits for Departments within their remit on 19th March 2007. A briefing for all Scrutiny Members on the financial framework and the proposed cash limits had been arranged for 23rd March 2007. All Panels would be invited to submit comments on the implications, for consideration by the Council of Ministers, by the end of April 2007.

  1. Economic Affairs Scrutiny Panel Retail Strategy Review

The  Panel  had  begun  a  review  into  the  retail  policy  of  the Department  of  Economic  Development,  based  upon  a  report from Experian Property Consultancy. This report asserted that Jersey was sorely in need of additional retail space and that the introduction of a chain UK supermarket such as Asda, Tesco or Safeway would be of benefit to consumers in Jersey. This had been  challenged  by  the  Chamber  of  Commerce,  who  were concerned that this would have adverse effects on high street traders in St. Helier and other areas.

The call for evidence had generated over 40 responses, and the Panel had held two Public Hearings to interview five witnesses at St. Paul's Centre. Deputy A. Breckon was not able to take part in  the  review  as  he  was  the  head  of  the  Jersey  Consumer Council, and felt that his involvement with campaigns to lower prices as well as his contributions to the Experian Retail Strategy would suggest that he held preconceived ideas on the subject. The  review  would  therefore  be  carried  out  by  a  four-person Panel and was to be completed by 5th April 2005.

Jersey Telecom Review

It had been anticipated that the Telecom Privatisation Review would be completed, in accordance with the statement made by the Chairman to the States, by Monday 5th March 2007. As of 2nd  March  2007,  the  report  was  with  the  stakeholders  for consideration, and a number of lengthy responses had been received.

  1. Education and Home Affairs Panel

Review of the Centeniers Role in the Magistrate's Court Review

Work on the Panel's report was ongoing. Review of the GP Out-of-Hours Service Review

Work on the Panel's report was ongoing as of 19th February 2007.

Review  of  the  Closure  of  Leoville  and  McKinstry   Ward s (Overdale Hospital) Review

The Panel was awaiting an official response from Senator S. Syvret, Minister for Health and Social Services, to the Scrutiny Report.

Higher Education Funding:

The Panel had discussed the topic with Senator M.E. Vibert , Minister for Education, Sport and Culture, at its meeting on 5th

February 2007. A Panel Statement was being prepared on the Minister's funding policy proposal as a record of the preliminary work undertaken by the Panel. Progress on the policy would be monitored and would possibly lead to a review at a later date.

Meetings with Ministers:

The  Panel  had  met  Senator  W.  Kinnard,  Minister  for  Home Affairs, on 19th February 2007.

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

The Sub-Panel had held public meetings at Hautlieu School and St Brelade's Parish Hall in January 2007, followed by a series of Public  Hearings  in  the  States  Chamber  with  industry representatives and other witnesses. Visiting speakers had been invited to address a public meeting in February, and there had been three further Public Hearings since then with Ministers and an expert invited by the local concern group. The evidence- gathering process was virtually complete and report drafting had begun, with a view to completing the review by the end of the first quarter.

Housing Property Plan Review

The  Sub-Panel  had  now  met  three  times  and  had  had  a separate  meeting  with  Senator  T.J.  Le  Main,  Minister  for Housing, and his officers. A date for the debate had now been suggested which was agreeable to both Housing and the Sub- Panel. Evidence gathering and investigation were under way.

Income Support Sub-Panel

The Income Support Sub-Panel had met Senator P.F. Routier, Minister for Social Security, on 23rd February 2007 to discuss

the draft Regulations. A detailed response had been prepared and it was intended to invite the Minister to a Public Hearing in March to follow up the points raised.

Meeting with Minister for Health & Social Services

The Panel had met with the Minister for Health & Social Services on  Monday  5th  February  2007  to  discuss  the  future  work

programme.

  1. Environment Panel

The Panel had noted the resignation of Deputy G.C.L. Baudains in the States on Tuesday 13th February 2007.

Waste Management Review

The drafting of the report for the review was continuing. Delays were being experienced due to the Panel only having one officer available, the second having been engaged in the Telecoms Review.

Design of Homes Review

The Design of Homes Review had made a fact finding visit to Vienna during which it had been able to view alternative types of social and privately owned housing. The emphasis on design was a very open plan loft-style concept with an emphasis on eco-friendly  design.  Many  of  the  projects  and  developments focused  on  community  shared  spaces.  Atrium  walkways provided year round amenity space and the recycling of grey water was actively promoted. A public hearing had been held for the review and the report would be drafted during March.

The Committee considered the topic of environmental taxes. It was advised that the Environment Panel was considering this topic and that no decision had yet been taken as to whether the Panel  would  undertake  a  Scrutiny  Review. The  Committee noted that a process of public consultation on environmental taxes had been implemented by the Minister for Planning and Environment. Consideration  was  given  to  whether  the  taxes would be introduced merely to address environmental concerns or whether the rationale also involved replacing revenue lost from other taxes that had been dissolved.

The Committee was advised that the Panel had met to consider the  public  consultation  document  for Integrated  Travel  and Transport Plan for Jersey and that comments had been sent to the  Minister  for  Transport  and  Technical  Services. The Committee noted that the period of public consultation ended on 9th March 2007.

  1. Public Accounts Committee (PAC)

The Committee was advised that the work of PAC was closely linked  to  the  programme  of  the  Comptroller  and  Auditor General. It was further advised that work had been undertaken on obtaining figures relating to the Countryside Renewal Fund and on the reconciliation of figures from the 2005 and 2006 States Budgets. It was noted that the latter topic might also fall within the remit of the Corporate Services Scrutiny Panel. It was suggested  that  Deputies  S.C.  Ferguson  and  P.J.D.  Ryan, Chairmen of PAC and the Corporate Services Scrutiny Panel respectively, meet to consider the issue. The Committee was further advised that PAC would be undertaking further work in relation to the Property Holdings Department.

5. Resources

The Committee considered the current situation regarding officer support  available  to  Scrutiny  Panels. It  was  noted  that  the Economic  Affairs  Scrutiny  Panel  would  seemingly  have  little available  officer  support  in  April  2007  due  to  staff  changes. However,  that  Panel  had  addressed  its  working  practices  to accommodate this.

The Committee noted that the Environment Scrutiny Panel was currently  unable  to  access  support  from  two  officers  as  one officer was working on the Telephone Masts Review, having been "seconded" to  this  by  agreement  of  the  Chairmen's Committee during the Christmas period. It was noted that the Environment Panel wished to be able to access the services of this officer as soon as possible; however, it was recognised that the officer would need to finish work on the "mast" review before this occurred. The Committee was advised that the Telephone

 

Masts Review was due for completion within the first quarter of 2007. It was, therefore, anticipated that this officer would be available to return to the Environment Panel thereafter.

The Committee further noted that, due to the drafting of the Centeniers  report,  the  support  provided  by  one  officer  was currently split between the Health, Social Security and Housing Scrutiny Panel and the Education and Home Affairs Scrutiny Panel, although  it  was recognised that  the  former  Panel  did currently  have  the  support  of  two  officers  due  to  the "secondment" of one officer from the Environment Panel to the Telephone Mast Review as minuted above. It was requested that the Committee give  consideration  to  the  production and distribution of Scrutiny Reports at its subsequent meeting.

 

[09/02/07, Item 7]

6. Investigative Interviewing Training

The  Committee  noted  that  eleven  expressions  of  interest  in questioning training had been received from Scrutiny Members: four Members had expressed a preference to receive the training on  26th  April  2007  and  seven  on  27th  April  2007. The Committee was advised that a maximum of twelve people could be accommodated during one session although enquiries could be made as to the feasibility of accommodating greater numbers at one time.

The Committee noted that Scrutiny Members had been advised by e-mail of questioning training and that the issue had also been raised at the Scrutiny Away Day. It was agreed that a final e-mail would be distributed to those Members who had not yet responded to the invitation. These Members would be advised that the Committee felt it crucial for Members to receive this training. It was further agreed that the two sessions that had previously been identified would be maintained and not merged into a single session occurring on one day: in the event that it was not possible to fill all spaces on both days, spaces would be filled by Scrutiny Officers.

KTF

[09/02/07, Item 15]

7. Draft Annual Report

The Committee was advised that an amendment had been made to the appendices to reflect the two items that had been (self)- referred to the Public Accounts Committee in 2006. It was noted that it would be beneficial for the appendices to indicate the number of Scrutiny Reviews that Panels had undertaken during the year.

The Committee considered the references to presentation dates of reports due in 2007 and whether such references should state precisely the anticipated presentation dates. It was noted that reporting dates were an issue for individual Panels to consider. It was further noted that the 2007 Annual Report would include the  precise  presentation  dates  of  any  Scrutiny  Reports completed during 2007.

The  Committee  noted  that  contributions  from  the  Economic Affairs  Scrutiny  Panel  and  the  Education  and  Home  Affairs Scrutiny Panel (on behalf of the former Social Affairs Scrutiny Panel) in addition to the President's Foreword had not yet been supplied.  It  was  advised  that  contributions  from  the  two

 

remaining Panels had now been completed and were due for inclusion. The Committee was advised that the report needed to reach the Privileges and Procedures Committee by 21st March 2007. It  was  consequently  agreed  that  all  sections  of  the Scrutiny Annual Report needed to be completed by 14th March 2007.

8. Presentation on the Revised Website

The  Committee  noted  that  the  presentation  to  the  Public Engagement Group (PEG) on 28th February 2007 had not been accessible by all Members of the Chairmen's Committee. The Committee was advised that the presentation had been intended as  a  precursor  to  a  presentation  to  the  Committee  and  all Scrutiny Members and that there had been no intention for such a presentation not to occur prior to the website's launch.

The  Committee  noted  that  work  had  been  undertaken  by Executive  Departments  in  relation  to  the  gov.je  website  that included the procurement of specialist staff for this work.

KTF The Committee agreed it would meet at 1:15pm on 15th March

2007 to receive a presentation on the revised website. It was agreed that the meeting would be open to all Scrutiny Members.

Signed Date: .. President, Chairmen's Committee