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Economic Affairs - Approved Panel Minutes - 3 October 2007

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Economic Affairs Scrutiny Panel Meeting No. 50

3rd October 2007

Present   Deputy G. P. Southern , Chairman

Connétable M. K. Jackson Deputy A. Breckon

Deputy J. A. Martin

Deputy K. C. Lewis

Apologies

Absent

In attendance  Nathan Fox, Scrutiny Officer

Liz Kingston-Walsh, Scrutiny Officer

 

Ref Back

Agenda matter

Action

1.

Minutes of previous meetings

The Minutes of the meeting held on 5th September 2007 were approved with one amendment for signature at the next meeting.

EKW

2.

Item

2 (b) 05.09.07

Enterprise and Business Development Strategy briefing

The Panel recalled that the format of the Enterprise and Business Development  Strategy  briefing  held  on  22nd  August  2007  had been  significantly  different  to  that  indicated  by  the  Department when the arrangement had been made. The Panel agreed that as a point of general principle it would require written background information to be provided prior to future briefings.

 

3.

Item

2 (d) 05.09.07

Privatisation of Jersey Telecom

The Panel noted that the Telecoms Privatisation Sub-Panel would soon be receiving a copy of a projet entitled The Sale of JT Group Limited', to be lodged by the Treasury and Resources Minister.

The Panel was informed that the sale of Jersey Telecom was proposed with certain conditions, and that the sale criteria had been revised to meet some, but by no means all, of the Telecoms Privatisation Sub-Panel's concerns. It was anticipated that the Sub- Panel would study the proposition in detail.

It was noted that Senator B. Shenton would no longer be able to take part in any activities of the Sub-Panel as he was now the Health and Social Services Minister. It was considered likely that he would be called as a witness, however.

 

4.

Item 2 05.09.07

Rural economy

The  Panel  noted  that  it  had  a  number  of  questions  for  the Economic  Development  Department  in  relation  to  the  Rural

 

 

Economy  Strategy  and  the  Agricultural  Loans  Scheme.  The Department had agreed to provide a briefing on these subjects to the  Panel  at  a  time  to  be  agreed.  The  Panel  noted  that  in accordance  with  its  decision  as  detailed  in  Section  2  of  these Minutes it would require written background information prior to attending this briefing.

 

5.

Item

2 (c) 05.09.07

Dairy Industry

The Panel recalled that officers had been directed to obtain a copy of the proposition to allow the importation of bovine semen which it understood had been passed to the Council of Ministers.

Accordingly,  the  Panel  received  a  projet  entitled  Community Provisions (Bovine Semen) (Jersey) Regulations 200-. The Panel noted that this had been received in confidence.

The Panel noted that there had been little progress towards the establishment  of  a  new  dairy  facility,  and  that  it  was  currently unaware  of  the  situation  regarding  the  future  structure  of  the industry. The Panel did not feel that this situation was satisfactory, given  the  efforts  expended  to  ensure  that  P.170/2006   Draft Howard  Davis  Farm  (Partial  Abrogation  of  Covenant)  (Jersey) Law 200-progressed in a timely fashion to provide certainty to the industry.

Deputy Breckon was minded to address a question to the Chief Minister in the assembly to clarify the situation.

AB

6.

Item 3 05.09.07

Incorporation of Jersey Post

The Panel recalled that it had expressed concerns regarding the previous cross-subsidy between Jersey Post and its now-defunct subsidiary, Offshore Solutions Limited. It was minded to maintain a watching brief on the operation of Jersey Post.

Officers  had  not  yet  succeeded  in  obtaining  post-incorporation reports from the Jersey Competition Regulatory Authority and were directed to do so as soon as possible.

NJF

7.

Item 3 05.09.07

Retail Strategy

The Panel recalled that it's projet P.84.2007 Retail Strategy: Impact Assessment' had been approved by the States on 25th September 2007.

The outcome of this had been that the Economic Development Minister had agreed to instruct the Jersey Competition Regulatory Authority (JCRA) to undertake a review into the effects of the entry into  Jersey  of  an  additional  overseas  supermarket  operator. However the Panel was not satisfied with the terms of reference of the proposed review. It considered that the terms were so nebulous as to give little indication of what the review would consider, and furthermore  that  they  appeared,  inasmuch  as  they  could  be properly assessed, to exclude some of the key elements of the Panel's recommended terms of reference.

 

 

The Panel noted that the Chairman had written to the Economic Development Minister requesting that Minister provide clarity as to the intentions and scope of the JCRA review.

The Chairman noted that this situation was a result of the Panel's terms of reference not being clearly expressed within the body of the proposition. He therefore recommended to the Panel that all further propositions should be developed in conjunction with the Scrutiny Office to ensure they were properly robust.

The Panel then discussed the previously proposed continuation of the  Retail  Strategy  Review.  It  recalled  that  it  had  previously intended to consider the effect of a large retail development on the surrounding area and the local economy in general, and to asses the true costs of doing business in Jersey compared to the United Kingdom,  in  order  to  determine  if  local  shops  were  in  fact generating excess profits.

The Panel decided to undertake this further review and directed officers to prepare draft terms of reference, a scoping document and review files as necessary. Officers were also directed to obtain the necessary background data and to arrange for the financial accounts of the Channel Islands Co-operative Society (the Co-Op) to be reviewed by management accountants at a later date.

Deputy Lewis , upon noting that the Co-op was likely to be involved in the review as a witness, commented for the record that the Co- Op funded his business to the tune of several thousand pounds per year in order to show films for schools. He did not feel that this precluded him from taking part in the review, however.

NJF

8.

Actions of the JCRA

On a matter related to Section 7, the Panel noted that the Jersey Competition Regulatory Authority (JCRA) had been highly active in areas which the Panel had reviewed or intended to review. The Panel therefore directed officers to request from the JCRA details of the reviews carried out since the beginning of 2006 and the associated cost to the Economic Development Department.

NJF / EKW

9.

Documents received and noted

The Panel noted the following documents-

  1. a letter dated 11th September 2007 from Education and  Home  Affairs  Scrutiny  Panel  regarding  a forthcoming review of the User Pays' system for the policing of events; and
  1. terms of reference for the aforementioned review by the Education and Home Affairs Scrutiny Panel.

 

10.

Executive response to Scrutiny Reports

The Panel received a document entitled Executive response to

 

 

Scrutiny Reports – Guidance document'.

Officers  were  directed  to  determine  if  the  response  of  the Economic  Development  Minister  to  the  Retail  Strategy  Review report was complaint with this document.

NJF

11.

Item 11 10.05.07

Economic Development Department - Strategic Initiatives

The Panel received the section of a document entitled Report to the States - Progress against Strategic Initiatives' relevant to the Economic Development Department.

The  Panel  expressed  reservations  as  to  the  veracity  of  the indications  of  progress  of  certain  projects  detailed  within  this document. It considered that while almost every item was listed as 'on track' the progress reported did not always support this. It noted that this had been the case in a previous document of this type considered by the Panel on 10th May 2007 and that the Economic Development Department had accepted that this was the case.

The Panel was of the opinion that this represented a systemic problem  and  that  it  would  be  appropriate  for  the  Chairmen's Committee to co-ordinate a response to this document from all Scrutiny Panels.

Officers  were  directed  to  consider  this  document  and  indicate which items might be unadvisedly labelled.

NJF / EKW

12.

Forthcoming propositions

The Panel noted the following forthcoming propositions-

P.136/2007 – Draft Banking Business (Amendment No. 6) (Jersey) Law 200-

P.137/2007   Draft  Insurance  Business  (Amendment  No.  6) (Jersey) Law 200-

P.138/2007   Draft  Financial  Services  (Amendment  No.  4) (Jersey) Law 200-

P.139/2007Draft Collective Investment Funds (Amendment No.

4) (Jersey) Law 200-

The Panel was informed that these were legislative changes based on  recommendations  from  the  last  inspection  of  the  Island's finance industry by the International Monetary Fund (IMF) in 2003. They were being introduced prior to the next IMF inspection due in early 2008.

 

13.

Item 6 11.07.07

Dr. D. Parker, Telecoms Privatisation adviser - invoice

The Panel noted an invoice in the sum of £4,937.68 received from Dr. D. Parker in respect of work carried out on behalf of the Panel on the review of the privatisation of Jersey Telecom.

 

 

The Panel recalled that it had been agreed that as this invoice related to the period which Dr. Parker spent assisting the Telecoms Privatisation Steering Group the cost of his services would be split evenly  between  the  Panel  and  the  Treasury  and  Resources Department.

The  Panel  therefore  authorised  officers to  make  a  payment  of £2,468.99 as indicated.

NJF / EKW

14.

Jersey Harbours

The Panel noted that it had been invited to attend a briefing by the Economic  Development  Department  on  the future  operation  on Jersey Harbours.

The  Panel  was  informed  that  the http://www.gov.je/EconomicDevelopment/Department  intended  to

EKW

undertake reviews into both the management of Jersey Harbours and Harbour operations as a whole.

The officers were directed to request the terms of reference for both reviews.

The Panel considered the minutes of the Marine Leisure Growth Group meeting held on 12th September 2007.

The  Panel  noted  that  £38,000  was  spent  on  hospitality  at  the Southampton Boat Show with a view of attracting high net worth' individuals  to  Jersey.  It  considered  that  performance  indicators relating to this event should be requested in six months.

The Panel was minded to maintain a watching brief on the Harbour development plans.

15.

Item 2 05.09.07 (Private Session)

Intellectual Property

The Panel recalled that it had directed officers to invite Ms. C. van Dijk to attend a meeting of the Panel to discuss matters relating to intellectual property.

The Panel noted that that Ms. van Dijk had agreed to attend the Panel meeting scheduled for 17th October 2007, at 11.30am.

Officers were directed to prepare basic background material on the subject for the use of the Panel at this meeting.

EKW

16.

Item 12 05.09.07

Annual Business Plan

The Panel noted a draft report concerning the scrutiny of the States annual  Business  Plan  in  response  to  a  request  from  the Chairmen's Committee.

The Panel recalled that it had experienced significant difficulties in its attempts to scrutinise the Economic Development Department's section  of  the  States  Annual  Business  Plan,  and  that  it  had previously expressed its dissatisfaction on this subject.

 

 

The Chairman undertook to produce a report for the Chairmen's Committee  detailing  these  difficulties  by  17th  October  2007. Officers were directed to assist.

GS / NJF / EKW

17.

Tourism

The Panel recalled that it had been informed by the Economic Development Minister during the Public Hearing in relation to the States Annual Business Plan that a body akin to Jersey Finance Limited  was  to  be  established  to  centralise  and  enhance  the marketing of tourism.

Officers were directed to obtain the details of this statement and brief the Panel as necessary.

EKW

18.

Item 9 05.09.07

Role and funding of Jersey Finance Limited

The  Panel  was  informed  of  the  Economic  Development Department's intention to commission reviews-

  1. into  the  future  of  the  local  finance  industry  to  be undertaken by the London Business School; and
  2. into  Jersey  Finance  Limited's  (JFL's)  internal performance  to be  undertaken  by  Mr.  C.  Clarke, Chairman  of  Thomas  and  Dessain  International Consultancy.

Having considered the potential impact of these reviews on its intention to review the role and funding of JFL, the Panel agreed to proceed. To avoid duplication of effort, officers were directed to obtain  the  terms  of  reference  for  the  JFL  review.  The  Panel's considered that the timeframe for the review would be in the order of 12-16 weeks.

The Panel discussed issues regarding the history and funding of Jersey Finance Limited and its role as a model for a Tourism body (see Section 17 of these minutes).

The Panel considered the terms of reference for the review and directed officers to a final draft.

EKW

EKW

19.

Item 14 05.09.07

draft Price and Charge Indicators (Jersey) Law 200-

The Panel recalled that its report S.R.17 – review of the draft Price and Charge Indicators (Jersey) Law 200-, had been presented to the States on 2nd October 2007.

The Panel noted that media coverage of the report had tended to focus on the recommendation that GST be priced inclusively, and the Panel's recommendation that there be mandatory provision of receipts had been largely ignored.

The Panel noted that representatives of the Channel Island Co- Operative Society (the Co-Op) had requested a meeting to discuss

 

 

the outcome of this report and future reviews.

The Panel was of the opinion that when the draft Price and Charge Indicators (Jersey) Law 200- was returned to the States it would be appropriate to lodge an amendment to include a provision that required  all  GST  registered  businesses  to  provide  receipts displaying the amount of GST chargeable on the transaction.

Concerns were expressed, however, that the introduction of this requirement might be more problematic than the Panel currently considered.

As the draft Price and Charge Indicators (Jersey) Law 200- could not be debated by the States before 20th November 2007, the Panel would have sufficient time to lodge an amendment at a later date. The Panel therefore agreed to defer consideration of this matter to the meeting of 17th October 2007, where it would be dealt with a as matter of priority.

 

20.

Future Review Topics

The Panel noted that it did not currently have a report in progress, although work to conclude the Retail Strategy, the review of the draft   Price  and  Charge  Indicators  (Jersey)  Law  200-,  and  the Telecoms  Privatisation  Review  (through  the  appropriate  Sub- Panel) was ongoing.

The Panel discussed possible topics for future reviews, and noted that it was currently considering agricultural matters and training, employment  and  apprenticeship  schemes,  in  addition  to  the planned  review  topics  detailed  in  Sections  7  and  18  of  these minutes.

The Panel accordingly directed officers to undertake research into the current apprenticeship scheme as detailed in Section 2.5.1 of the  document  entitled  Economic  Development  Department  - Strategic Initiatives (see Section 11 of these minutes), as well as matters pertaining to training and employment generally.

NJF / EKW

21.

Item 1 28.04.06

Budget report

The Panel recalled that it had expended very little of its annual budget for 2007.

Officers  were  directed  to  produce  a  report  detailing  2007 expenditure and budget remaining.

NJF

22.

Fisheries complaint

Connétable Jackson informed the Panel that he had received a complaint  from  a  local  fisherman  that  certain  businesses  were using  the  Genuine  Jersey'  label  on  goods  which  were  being sourced  from  overseas.  The  Panel  discussed  the  matter  and concluded that as Scrutiny had always attempted to concentrate on policy review and avoid engaging directly in complaints it would be more appropriate if any action the Connétable chose to undertake

 

 

was carried out in his function as a private member.

MJ

23.

Future meetings

The Panel was informed that neither the Chairman nor Deputy Martin could attend the Panel meeting scheduled for 31st October 2007  due  to  off-island  commitments  on  States  business. The Panel accordingly decided to cancel this meeting, although it noted that at some point during the latter half of October the Panel would have to either reschedule the meeting or carry out a telephone meeting in order to continue its business.

 

Signed

. Chairman Deputy G. P. Southern Economic Affairs Panel


Date .