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Chairmen's Committee - Approved Panel Minutes - 9 February 2007

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CHAIRMEN'S COMMITTEE

Meeting of Chairmen held on 9th February 2006 Meeting Number 40

PUBLIC SESSION

Present Deputy R C Duhamel, President

Deputy A. Breckon

Deputy F J Hill

Deputy G P Southern (not present for item 1) Deputy S C Ferguson (not present for item 1) Deputy R G Le Hérissier

Deputy P J D Ryan

Apologies

Absent

In attendance Mrs K Tremellen-Frost, Scrutiny Manager

Mr. N. Fox, Scrutiny Officer

 

Ref Back

Agenda matter

Action

1.

Minutes

The  Minutes  of  12th  January  2006  were  taken  as  read  and signed accordingly.

 

2.

Panel Position Reports

The Committee received and noted Panel Reports for- Corporate Services Panel

Zero/Ten Review

The Committee noted that the Zero/Ten Sub-Panel had presented its second report on 30th January 2007, and the further progression of the review was being planned.

Overseas Aid Review

The Overseas Aid Sub-Panel was to hold Public Hearings on the 5th, 6th and 7th of February 2007.

GST Review

The GST Sub-Panel was awaiting the primary legislation. Migration Review

The migration Sub-Panel has been constituted as follows and its terms of reference agreed-

Deputy P. Ryan (Chairman) Senator J. Perchard Deputy J. Martin

Deputy G. Southern Deputy C. Egré

 

Scrutiny of States Annual Business Plan and States Budget

The  Committee  received  a  document  from  the  Corporate Services  Scrutiny  Panel  detailing  the  plans  of  that  Panel  to scrutinise  the  States  Annual  Business  Plan  and  the  States Budget.

The Committee noted the document. Economic Affairs Scrutiny Panel Dairy Review

The Committee noted that this review was concluded and that its recommendations  were  that  Jersey  Dairy  should  move  to Howard Davis Farm, that bovine semen should be imported, that the JMMB should restructure and that an export strategy should be developed.

Retail Strategy Review

The Committee noted that the Economic Affairs Scrutiny Panel was to begin a review into the current Retail Strategy of the Economic Development Minister. Deputy Breckon would not take part as he was conflicted.

The Chairman of this Panel noted that there had been a positive response to the recent call for evidence regarding the Retail Strategy Review, and that there were to be public hearings or debates on the 21st and 22nd February 2007.

Jersey Telecom Review

The  Committee  noted  that  this  review  was  approaching completion  but  that  it  was  being  delayed  by  a  lack  of  co- operation by the Executive in respect of the timely provision of information.

The Panel Chairman was also attempting to obtain a slot' after the Treasury and Resources Minister at a presentation to be given on 19th February 2007 to outline the conclusions of the Telecoms Privatisation review.

Education and Home Affairs Panel

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

The Committee noted that work on the Panel's report was ongoing.

Review of the GP Out-of-Hours Service Review

The Committee noted that work on the Panel's report was ongoing.

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

The Committee noted that the Panel was awaiting an official

response from the Minister for Health and Social Services. Higher Education Funding Review

The Panel was giving consideration to Scoping and Terms of Reference of a potential review. The Panel was to discuss the topic with the Minister for Education, Sport and Culture at its

meeting on 5th February.

Health, Social Security and Housing Panel Telephone Mast Review

The Committee noted that the Panel had held Public Hearings in the Scrutiny Chamber and that a speaker had been booked for a public meeting to be held on 15th February

Social Housing Property Plan

The  Committee  received  a  report  from  the  Health, Social Security and Housing Scrutiny Panel in respect of the terms of reference and budget of this review. The Committee noted the document, and agreed with the Chairman of that Panel that the Housing Minister was acting with undue haste in attempting to bring this matter to an early debate.

The Committee noted that the Housing Minister had declined to alter the date of the planned debate from 13th March 2007, which would cause difficulties in completing the review prior to the debate.

The Committee was of the opinion that other panels would co- operate to ensure that the Health, Social Security and Housing Scrutiny Panel had the necessary time and resources.

The Committee noted the document. Environment Panel

Planning Process Review

The Committee noted that the report was submitted to the States on 16th January 2007.

Waste Management Review

The Committee noted that the report was currently being drafted. Design of Homes Review

The Committee noted that the fact-finding visit to Vienna was to go ahead between 3rd and 8th February 2007.

The Committee further noted that the Panel had received the resignation of Deputy R, Le Hérissier, and that Deputy . P. Le Claire had joined the Panel

3. Communications  Unit  Public  Consultation  Document  and Code of Practice

 

The Committee considered the documents and noted that it was the  intention  of  the  Executive  to  publish green  papers' containing  various  policy  options  for  public  consideration.  It noted  the  nine  points  of  public  consultation  which  the Communications Unit had agreed.

The  Committee  decided  to  defer  formal  comment  on  the document until it had had the opportunity to receive comments from the Public Engagement Group.

PEG

4.

Overview  of  long-term  resources  (Communications Unit/Orchid/in-house)

The  Committee  discussed  the  possible  use  of  the Communication Unit for scrutiny, but concluded that this function was so embedded within the Executive that this would result in a conflict of interest. It noted a paper outlining skills in each of the areas.

 

5.

Citizenship Programme in Secondary Schools

The  Committee  approved  of  the  development  of  Scrutiny involvement in the scheme and would receive a report back from the Public Engagement Group at a later stage.

 

6.

Submission  to  Ministerial  Government  Review  Sub- Committee

The  Committee,  having  determined  that  Panels  had  been contacted independently by the Sub-Committee, commented that any submission it produced would focus on four main points:

the Annual Budget Process,

access to legal advice,

access to Part B' papers, and

the culture of secrecy', and the need for a cultural change within the Executive to include Scrutiny as a partner.

The Committee then studied the terms of reference of the Sub- Committee in detail, and noted that:

the  provision  of  information  regarding  the  work  of  the Council of Ministers to the public was limited due to the prevalence of B' items,

much work had to be done on the relationship between Scrutiny and the Council of Ministers, which in places was currently based on personalities not policies,

co-operation of Departments and Ministers was variable,

procedures for Scrutiny to scrutinise draft legislation were poor,

 

officers  in  the  Executive  were lagging  behind' non- Executive officers in comprehending the culture change that Scrutiny represented, and

the Chief Minister often did not speak for the full Council of Ministers. There was no collective responsibility.

The  Scrutiny  Manager  was  requested  to  prepare correspondence  to  the  Chairman,  Privileges  and  Procedures KTF

Committee based on the points above.

  1. Training

The Committee agreed that Investigative Interviewing training would be of value, and one-day courses of up to twelve persons should be organised once the likely number of attendees was determined.  Attendance  at  the  aforementioned  training  was strongly encouraged by the Chairmen's Committee, members of which  would  make  every  effort  to  attend  themselves.  It  was agreed that the trainers should be given an overview of the KTF operation of Scrutiny in order to ensure that the training was properly tailored to members needs.

The  Committee  noted  communication  from South  East KTF Employers' in respect of members' training, and decided that training needs were already being addressed and directed the Scrutiny Manager to advise the company.

The  Committee  considered  the  matter  of  visits  by  Scrutiny members  to  Select  Committee  meetings  in  Westminster.  It decided to make members aware that the funds for these visits existed, and decided that members should bring any requests for whole Panel' visits back to the Committee.

  1. Standardised terms of reference statement

The  Committee  decided  that  the  statement "To  examine  any further issues related to the xxx which may arise in the course of the Scrutiny review that the Panel considers relevant." should be included  in  the  terms  of  reference  of  all  future  review  by  all Panels and Sub-Panels. This was to be mandatory, not simply best practice.

  1. Orchid communications

The  Committee  welcomed  Ms.  S.  Watts  from  Orchid Communications Limited.

The  Committee  noted  that  Orchid  had  shifted  from  a  press liaison role to a broader public engagement remit. The Public Engagement  Group  and  Orchid  had  developed  a  series  of measures to bring Scrutiny to the attention of the public and to explain its role. These were-

  1. The Public Engagement Strategy.
  2. Numerous profile raising events to take place

over a one week period.

 

  1. The Scrutiny Guide' booklet to be distributed
  2. A Scrutiny Matters' newsletter to be distributed.

After considerable discussion, it was agreed that this would not be dealt with as any kind of re-launch', but that it would be more effective to implement the measures in a one week timeframe in order to maximise their profile.

It  was  noted  that  the  Jersey  Consumer  Council  had  a  pre- existing mechanism to deliver information to all Jersey homes. This  would  represent  a  significant  cost  saving  over  other methods.  The  Jersey  Consumer  Council  also  had  access  to cheaper printing than Orchid had envisaged.

The  Committee  therefore  agreed  to  enclose  the  Scrutiny Newsletter with the next Jersey Consumer Council mailshot. The Committee  approved  in  principle  whatever  budget  would  be necessary, subject to final confirmation. Orchid was directed to work with the Jersey Consumer Council to take the appropriate action.

In respect of the content of the Scrutiny Matters' newsletter, it was agreed that Panels would submit their own elements, and retain full editorial control. Orchid was directed to work with the Panels to develop the various submissions.

The  Committee  expressed  its  gratitude  to  the  Public Engagement Group for its work on this subject.

AB Orchid

All Panels Orchid

10.

Future meetings with the Council of Ministers

The Committee noted that it had met the Council of Ministers recently and had agreed to do so again on 12th February 2007. Concerns were expressed at the probable attendance of Senator Syvret at this meeting, as he had not yet formalised his recent criticism of the (then) Social Affairs Scrutiny Panel, and it was therefore possible that the meeting would be dominated by this ongoing matter.

The Committee agreed that in order to avoid this, the agenda would be clearly set in advance. The areas that the Committee was minded to discuss were-

Code of Practice and legal advice issues;

The draft protocol regarding access to Council of Ministers Part B information;

Current  practice  regarding  circulation  of  reports  to stakeholders  prior  to  presentation  (without  findings  and recommendations)

The scrutiny of the draft Annual Business Plan and the preferential passage of information to certain Panels.

KTF

11.

Item 2e 12.01.07

Draft Protocol on the role of advisers

The Committee received a document detailing a revised protocol to  revise  Article  5.4  of  the  draft  Code  of  Practice  to  permit advisers to ask questions of witnesses who were not States members at the invitation of the Chairman.

 

 

The Committee approved this document and directed that it be passed to the Privileges and Procedures Committee.

KTF

12.

Item 2a 12.01.07

Ideaworks - advertising template

The Committee received a paper on alternative options from the Greffier of the States. The Committee noted that there would be cost  implications  in  the  development  of  a  new  Scrutiny advertising template. The Committee noted the document.

 

13.

Item 2b 12.01.07

Three year budget carry forwards

The Committee received a paper from the Greffier of the States regarding the three-year budgeting system in light of scrutiny's particular circumstances

Having studied the paper, the Committee decided that the aim was  unattainable  and  deferred  the  matter  pending  possible future consideration of the overall budgeting process.

 

14.

Item 2d 12.01.07

Proposed Amendment to Standing Order 26(3)

The Committee deferred this matter until Deputy Southern was in attendance.

 

15.

Panel Annual Reports 2006

The Committee noted that three of the four Panel reports had not yet been finalised. It was also noted that the Annual Report would form part of the overall States Assembly Annual Report to the States.

KTF

16.

Scrutiny of the draft Annual Business Plan and the States Budget

The  Committee  considered  a  document  from  the  Corporate Services  Panel  and  noted  that  that  Panel  had  received  a presentation  from  the  Chief  Ministers  Department  and  was progressing with a review into the overall process. It was agreed that further discussion would occur between the Chief Minister and the Chairmen's Committee about involvement of all Panels at the forthcoming meeting on 12th February 2007.

 

17.

Witnesses Protocol – behaviour at public hearings

The  Committee  discussed  the  recent  attendance  of  the Chairman of the Overseas Aid Panel at a Corporate Services Panel Overseas Aid Sub-Panel hearing, and agreed to include in the  witness  protocol  a  provision  that  any  written  statements should be submitted beforehand and not read aloud during the proceedings unless the witness was invited so to do.

 

18.

Scrutiny manager – time allocation

The Committee agreed again to moderate the workload of the Scrutiny Manager in order to permit that officer to carry out work on the Scrutiny Panels' annual reports.

 

 

 

 

19. Date of next meeting

The Committee agreed that it would meet with the Chief Minister on 12th February 2007, and that the date of its next scheduled meeting would be 9th March 2007.

Officers were directed to take the appropriate action. KTF Signed Date:

.. President, Chairmen's Committee