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Education and Home Affairs - Approved Panel Minutes - 11 June 2007

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Education & Home Affairs Scrutiny Panel

PUBLIC MEETING Record of Meeting

Date: 11th June 2007 Meeting 28

Present Deputy D.W. Mezbourian , Vice-Chairman

Deputy S. Pitman

Deputy J. Gallichan

Apologies

Absent

In attendance Mr. W. Millow , Scrutiny Officer

Mr. T. Oldham , Scrutiny Officer

 

Ref Back

Agenda matter

Action

 

1. Records of Previous Meetings

The Panel approved and signed the records of its meetings of 11th May (with minor amendments), 14th May and 16th May 2007.

The Panel approved the record of its meeting with the Chief Minister on 14th May 2007. Signing of the record would be deferred  until  the  record  had  been  forwarded  to  the  Chief Minister for comment.

The Panel was advised that comments had yet to be received from the Minister for Education, Sport and Culture and the Minister  for  Home  Affairs  regarding  the  records  of  their meetings  with  the  Panel  on  30th  April. The  Officers  were

requested to follow up on the feedback and include an update on the next agenda.

WM/TO WM/TO

[04/06/07 Item 1]

[11/05/07 Item 1]

2. Centeniers in the Magistrate's Court

The Panel noted with regret the resignation of the Deputy of St Martin as Chairman of the Panel on 5th June 2007.

The  Panel  noted  the  resignation  on  5th  June  2007  of  the Panel's legal adviser for the Centenier's Review. The Panel approved the payment of the adviser's final invoice.

The Panel further noted that a meeting with H.M. Attorney General had been arranged, following his request, for 11.30am on 13th June 2007.

The Panel discussed its decision of 11th May 2007 to send letters  to  H.M.  Attorney  General  (as head  of  the  Island's prosecution service, Titular Head of the Honorary Police and Legal Adviser to the States of Jersey), the Minister for Home Affairs,  the  Magistrate,  Assistant  Magistrate  and,  for information, to the Bailiff , as Head of the Judiciary. It had been intended that the letters (with the exception of the one to the Bailiff ) would ask whether the Cooper opinion was accepted, the resulting policy implications and a possible way forward in

 

such circumstances. The Panel noted that the letters, dated 14th May 2007, had not included reference to a possible way forward.

[16/05/06 3. Meeting with the Chief Minister

Item 1] The  Panel  noted  its  agreement  at  the  meeting  with  Ed

Egglishaw of Orchid Communications on 16th May 2007 that the  Chairman  would  speak  to  the  Jersey  Evening  Post  to express  the  Panel's  disappointment  that  the  report  of  the meeting with the Chief Minister, on 14th May 2007, had not appeared to give a balanced impression of that meeting. Due to the subsequent resignation of the Chairman, the Panel was uncertain whether this action had been taken.

[14/05/07 4. Social Policy Framework

Item 3] The Panel recalled that, at its meeting with the Chief Minister on 14th May 2007, it had been noted that A Social Policy

Framework  for  Jersey  fell  within  its  remit.  The  Panel recommended  that A  Social  Policy  Framework  for  Jersey should be considered by the Panel. It agreed that following the resignation  of   Deputy  Hill  as  Chairman,  this  would  not  be possible until after the election of a Chairman and Members of

the Panel at the States Session on 19th June 2007.

5. Regulation of Investigatory Powers

The Panel recalled its agreement of 16th April 2007 to seek further clarification from the Department regarding the potential benefits of a briefing offered on 30th April 2007 by the Minister for  Home  Affairs,  Senator  W.  Kinnard.  The  offer  was  of  a confidential briefing regarding the Regulation of Investigatory Powers Law.

The Panel was advised that it had not yet received a reply to its request for further clarification.

[16/05/07, 6. Early Years

Item 2] The Panel was advised that letters inviting written submissions

for the Early Years Review had been sent to all registered family day carers and the umbrella organisation the Jersey Association of Child Carers.

Due  to  its  position  the  Panel  agreed  to  defer  further consideration of the Early Years Review until after the election of a Chairman and Members of the Panel at the States Session

on 19th June 2007.

[14/05/07, 7. GP Out-of-Hours

Item 2.2.b] The  Panel  noted  that  it  had  still  not  received  the  official

Ministerial response to the GP Out-of-Hours report.

The Panel recalled the decision made at its meeting on 8th January  2007  that  responsibility  for  following  up  the

recommendations contained within the GP Out-of-Hours report would, in the long term, lie with the Health, Social Security and Housing (HSSH) Scrutiny Panel. However, the Education and Home Affairs Panel would deal with the initial responses and comments emanating from the presentation of the report.

Due  to  its  position  the  Panel  agreed  to  defer  further

consideration of the issue.

  1. Action Updates and Matters Arising

The Panel noted actions taken following requests made at its previous meetings.

  1. Criminal Justice Policy

[02/04/07 The Panel noted receipt of correspondence, dated 30th May Item 7] 2007,  from  the  Minister  for  Home  Affairs  that  provided  a

response  to  the  comments  it  had  made  on  Pillar  9  of  the Criminal Justice Policy.

Due  to  its  position  the  Panel  agreed  to  defer  further consideration of the issue.

[14/05/07, 10. Code of Practice

Item 8] The  Panel  agreed  to  write  to  the  Chairmen's  Committee

requesting a list of the changes that had been made to the WM/TO recently lodged Code of Practice. It would also be seeking

some points of clarification and suggesting amendments.

11. Press Release by Deputy Southern

The Panel discussed the media release issued by Deputy G.P.

Southern  on  11th  June  2007  relating  to  the  resignation  of Deputy F.J. Hill as Chairman of the Panel. It noted that the

media  release  stated  that   Deputy   Southern  would  be contacting the Panel with his concerns.

[16/05/07, 12. Orchid Communications

Item 1] The  Panel  was  advised  of  the  request  of  the  Chairmen's

Committee for all Panels to discuss the future engagement of Orchid Communications. The Panel agreed that the opportunity to fully utilise the services offered by Orchid had not been taken and that good value for money had therefore not been achieved. It agreed that under such circumstances it would not represent best value to extend Orchid's contract.

13. Forthcoming Work Within the Home Affairs Remit

The Panel noted correspondence, dated 1st June 2007, that the Minister for Home Affairs had sent to all States Members to indicate her priorities for the ensuing eighteen months.

Due to its position the Panel agreed to defer consideration of the subsequent course of action.

[19/02/07 14. Building A Safer Society

Item 14e] The Panel noted that Building A Safer Society Annual Report

2006 (R.53/2007) had been presented to the States on 31st May 2007.

Due  to  its  position  the  Panel  agreed  to  defer  further consideration of the Report.

[14/05/07 15. Future Work Programme

Item 12] Due  to  its  position  the  Panel  agreed  to  defer  further

consideration of its future work programme.

  1. Forthcoming Propositions

Due to its position the Panel agreed to defer consideration of

the following proposition.

Draft  Unlawful  Public  Entertainments  (Jersey) Regulations 200- Home Affairs, date of debate 17th July 2007

  1. Ministerial Decisions

The Panel noted the following Ministerial decisions pertinent to its remit:

Coastguard  Vehicle Use  of  Blue  Beacons  (MD-HA- 2007- 0034)

Prison Board of Visitors Annual Report 2006 (MD-HA- 2007-0035)

Request to increase the Prison establishment by two Civil Servant posts (MD-HA-2007-0038)

Transfer  of  funding  from  Economic  Development Department and Harbour Office to Home Affairs (MD-HA- 2007-0037)

Increase of the fee for the Legalisation of Documents (MD-HA-2007-0039)

Draft  Unlawful  Public  Entertainments  (Jersey) Regulations 200- (MD-HA-2007-0042)

Marriage  and  Civil  Status  (Amendment)  (Jersey)  Law 2001 (MD-HA-2007-0044)

Building a Safer Society Annual Report (MD-HA-2007-

0043)

  1. Questions to Ministers

The Panel noted that the Minister for Transport and Technical Services,   Deputy  G.W.J.  de  Faye,  and  the  Chief  Minister, Senator F.H. Walker , were due to answer questions without notice at the States sitting of 19th June 2007.

The  Panel  noted  that  the  Minister  for  Health  and  Social Services, Senator P F Routier, and the Minister for Education, Sport and Culture, Senator M E Vibert , were due to answer questions without notice at the States sitting of 3rd July 2007.

  1. Panel Meeting Media Release

The Panel noted the draft template for post Panel Meeting media releases. However, due to its position the Panel agreed not to issue a media release for its meeting of 11th June 2007.

  1. Future Meetings

The Panel recalled that it would meet the Attorney General in private session on 13th June 2007 at 11.30am.

Subject to the outcome of the election of the Chairman and Panel Members in the States session on 19th June 2007, the Panel would meet again on 25th June 2007 at 9.30am in Le Capelain Room, States Building.

Signed Date: .. Chairman

Education & Home Affairs Panel