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Education & Home Affairs Scrutiny Panel
PUBLIC MEETING Record of Meeting
Date: 19th February 2007 Meeting 11
Present Deputy F.J. Hill ,BEM, Chairman
Deputy D.W. Mezbourian , Vice-Chairman Deputy S. Pitman
Deputy J. Gallichan
Apologies
Absent
In attendance Senator W. Kinnard, Minister for Home Affairs [Item 14]
Deputy A.D. Lewis , Assistant Minister for Home Affairs [Item 14]
Mr. S. Austin-Vautier, Chief Executive Officer, Home Affairs [Item 14] Mr. S. Guy-Gibbens, Governor, HMP La Moye [Item 14]
Mr W. Millow , Scrutiny Officer Mr T. Oldham , Scrutiny Officer
Ref Back | Agenda matter | Action |
| 1. Records of Previous Meetings The Panel approved the records of its meetings of 9th January, 17th January, 22nd January and 23rd January 2007. The Panel received the records of the meeting held by the Chairman and Deputy J. Gallichan on 5th February 2007 as well as of the meeting held on the same date with Senator M.E. Vibert , Minister for Education, Sport and Culture. |
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| 2. Action Updates and Matters Arising The Panel noted the actions undertaken on requests that it had made at its previous meetings. The Panel noted receipt of the briefing notes of the Chairmen's Committee meeting held on 9th February 2007. It was requested that Panel Members check e-mails twice daily, once in the morning and once in the evening. |
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[22/01/07, Item 2] | 3. Panel Training The Panel noted that enquiries were ongoing into the organisation of a visit by the Panel to Westminster to observe a Parliamentary Select Committee. It agreed that consideration would be given to undertaking a visit during the week beginning 19th March 2007. The Panel considered what it would wish to do during the visit and noted that it would be beneficial to witness a Hearing relating to a topic that fell under the Panel's remit. It requested the Scrutiny Officers to make the appropriate enquiries. | WM/TO |
[22/01/07, Item 4] | 4. Centeniers in the Magistrate's Court The Panel noted that the Chairman and Deputy D.W. Mezbourian would meet on 20th February 2007 to consider the draft report. |
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[22/01/07, 5. Higher Education Funding
Item 6] The Panel noted that the following document had been
received:
- Written answers from the Minister for Education, Sport and Culture to Higher Education Funding questions
The Panel recalled that, during the meeting with the Minister for Education, Sport and Culture, an undertaking had been made to provide the Panel with an indication of those areas (in relation to Higher Education Funding) where work remained to be done. The Panel was advised that this information had not yet been forwarded by the Department.
The Panel noted that, if it agreed not to undertake a Scrutiny
Review of this topic, it would be possible to produce a brief
report or statement that would outline the preliminary work
undertaken in relation to this topic and explain why the Panel
had chosen not to undertake a Review. The Panel received
a draft version of a report prepared by Deputy J. Gallichan. SP/JG/WM/TO The Panel agreed that Deputy Gallichan, along with Deputy S. Pitman would liaise with the Scrutiny Officers and undertake preliminary work on the report/statement.
[22/01/07, 6. Annual Report
Item 10] The Panel noted that Deputy S. Pitman had suggested
amendments to the Panel's draft contribution to the Scrutiny
Annual Report. It was agreed that Deputy Pitman would
liaise with the Scrutiny Officers in order that a draft (with the
suggested amendments incorporated) would be SP/WM/TO subsequently distributed to the Panel.
[13/11/06, 7. Early Years Education and Care
Item 2b] The Panel was advised that a report relating to this topic
would be produced by the Comptroller and Auditor General,
Mr. C. Swinson, at the end of February 2007.
[22/01/07, 8. Youth Service
Item 8] The Panel noted that the following documents had been
received:
- Jersey Youth Service – Strategic Plan 2007 – 2011
- Jersey Youth Service Action Plan for 2007
- Forthcoming Propositions
The Panel agreed that it would not seek to undertake a Scrutiny Review in relation to the following propositions:
- Draft F.B. Playing Fields (Sports Hall ) (Jersey) Law 200- (P.9/2007)
- Draft Corruption (Jersey) Law 2006 (Appointed Day) Act 200- (P.16/2007
- Draft Police Procedures and Criminal Evidence (Jersey) Law 2003 (Appointed Day) (No.4) Act 200- (P.17/2007)
- Draft Prison (Amendment No. 6) (Jersey) Law 200- (P.18/2007)
- Draft Regulation of Investigatory Powers (Amendment) (Jersey) Law 200- (P.19/2007)
- Draft Centeniers (Terms of Office) (Jersey) Law 200- (P.20/2007)
- Review of Ministerial Government
The Panel noted receipt of correspondence (dated 24th January 2007) from Connétable D.F. Gray, President of the Privileges and Procedures Committee, inviting the Panel to submit comments for the twelve-month review of Ministerial
Government.
The Panel considered draft comments and identified further comments that it would wish to submit. The Scrutiny Officers
were requested to make the necessary amendments and
forward the comments to the Panel for approval. It was
agreed that a covering letter would accompany the WM/TO comments when submitted to the Privileges and Procedures Committee.
[23/01/07, 11. GP Out-of-Hours Review
Item 1] The Panel noted that comments on the factual accuracy of
the draft report had not yet been received from the Department of Health and Social Services. It was agreed
that a follow-up request would be sent asking for any comments to be received by 5:00pm on 19th February 2007.
The Panel noted that Deputy S. Pitman had suggested amendments to the draft report. It was agreed that Deputy
Pitman would meet Deputy D.W. Mezbourian in order that DM/SP the Panel could subsequently be advised of the potential amendments.
The Panel agreed that, once Panel approval had been given and the report had been sent for printing, it would be distributed in electronic copy to the Minister for Health and Social Services, Senator S. Syvret.
The Panel noted the provisions of Section 11 of the draft
Code of Practice for Scrutiny Panels and the Public Accounts Committee. It agreed it would consider the processes WM/TO described in the draft Code of Practice at its next meeting
and requested that a copy of Section 11 be distributed to the
Panel.
The Panel noted actions that had been undertaken in relation
to the review between 9th January 2007 and 12th February
2007.
- Scrutiny Newsletter
The Panel noted that Orchid Communications would work
with Panels in drafting the Scrutiny Matters' newsletter to be
produced and had requested that information relating to the
Scrutiny Panels be received by 23rd February 2007. The
Panel agreed that Deputy S. Pitman would liaise with the
Scrutiny Officers in collating the relevant information and that
the Deputy would also represent the Panel for the Member SP/WM/TO profile that would be included in the newsletter.
- Future Meetings
The Panel noted that it would next meet on 5th March 2007.
It was further noted that telephone meetings would be
necessary for approval of the GP Out-of-Hours Report.
- Meeting with the Minister for Home Affairs
The Panel met Senator W. Kinnard, Minister for Home Affairs, accompanied by Deputy A.D. Lewis , Assistant Minister, Mr. S. Austin-Vautier, Chief Executive Officer, and Mr. S. Guy-Gibbens, Governor of HMP La Moye.
a) Annual Business Plan
The Panel was advised that the 2007 Business Plan for the Department of Home Affairs was due to be published
imminently.
The Minister advised the Panel that she would be happy to receive questions relating to the Department's Business Plan if any arose subsequent to the meeting.
[08/01/07,
Item 4] b) Police Authority
The Panel was advised that this body was due to be introduced in 2008 and that draft legislation was currently being prepared that would allow the body to combine the functions of a Police Complaints Authority with that of a Police Authority. The Police Authority would be based on the Gibraltar model; this model had been identified following discussions with HM Inspectorate of Constabulary.
It was noted that the draft legislation would be ready in one month, at which point the Minister would be happy to share the draft with the Panel. It was noted that the draft legislation would be distributed in confidence.
The Panel was advised that the Honorary Police would not fall within the remit of that part of the new body which entailed a Police Authority although it would fall within the remit of the part which amounted to a Police Complaints Authority.
c) Criminal Justice Policy
The Panel was advised that its report on the Centenier's role in the Magistrate's Court would be used by the Minister in relation to Pillar 7 of the Criminal Justice Policy. The Panel advised the Minister that it hoped to be able to present its report as soon as possible.
The Panel was advised that the draft Criminal Justice Policy would be presented to the Council of Ministers in March 2007. It was noted that, as a result of consultation undertaken, the draft would differ to the draft Policy that had previously been distributed to the Panel: amendments had
primarily been made to the final chapter relating to Pillar 9 SAV and addressed such issues as sentencing policy and
[22/01/07, discretionary release. It was agreed that a copy of the final
Item 8] chapter would be forwarded to the Panel for its
consideration.
- HMP La Moye
The Panel received a written update on progress in relation to the Performance Improvement Plan (PIP). In addition, the Panel received a document detailing the highlights of progress achieved at HMP La Moye.
From the highlights, it was specifically noted that a new wing (comprising 62 places) that met international standards had been opened. It was also noted that a Chaplaincy team had been put in place that comprised three Ministers with regular input from an Imam. The Panel was advised that women prisoners had been transferred to a more suitable wing than that which they had previously occupied.
The Panel was advised that the Head of Learning and Skills at HMP La Moye would be in post in April 2007. It was further advised that the incumbent would drive forward the education programme at the prison that would be delivered, in part, by skilled craftsmen who were already in place. Additional funds to provide for the Head of Learning and Skills had come through PIP as had funding for the drug awareness programme.
It was noted that Prison (Jersey) Rules 2007 had been tabled as a subordinate enactment (R&O3/2007). The Panel was advised that the revised rules were human rights compliant.
The Panel was advised of the ongoing work that was being undertaken in relation to preventing suicides at the prison. It was further advised that the Prisons and Probation Ombudsman from the United Kingdom was undertaking investigations into two suicides that had occurred at HMP La Moye in recent months.
The Panel was advised that responsibility for health matters at HMP La Moye was due to be transferred to the Minister for Health and Social Services but that the transfer had not yet occurred.
Consideration was given to Draft Prison (Amendment No. 6) (Jersey) Law 200- (P.18/2007) and the insertion of Article 13C that would enable a person employed within the prison, who is not a prison officer but who is authorized by the Governor for the purpose, to search a person detained in the prison for property that the person is not authorized to have in his or her possession. The Panel was advised that such employees would receive the same training to undertake searches as was provided to prison officers.
- Crime Prevention
The Panel was advised of the difference between early intervention' and crime prevention': crime prevention' was reactive and involved immediate action taken to address matters whereas early intervention' involved taking proactive measures that, in the longer term, would address the potential risks that offending and criminological behaviour would occur. The Panel received written information that provided an overview of the crime prevention activity from the 2007 Policing Plan.
The Panel was advised that the Building a Safer Society annual report would soon be published.
[13/11/06,
Item 2b] The Panel was advised that the Department's involvement in
expanding the work of the Youth Action Team was bound by the resources available.
The Panel was advised that workshops would be held on 20th February 2007 in relation to the Safer St. Helier strategy.
- Draft Disorderly Conduct and Harassment Legislation The Panel was advised that advice was awaited by the Minister from the Attorney General and that, subsequent to this, consultation would be undertaken. It was agreed that a copy of the draft legislation could be forwarded to the Panel once this had been completed.
- Register of Sexual Offenders
It was noted that statistics cited in a recent article in the Jersey Evening Post may not have accurately reflected the current situation. The Panel was advised that the Minister had signed off the draft legislation in June 2005 and that the law drafting brief was currently with the Attorney General.
- Policing of Events
The Panel was advised that a revised proposition relating to the policing of events was not yet ready to be lodged au Greffe for debate by the States.
- Training of Honorary Police
The Panel was advised that training was provided to the Honorary Police by the States of Jersey Police for, at most, a negligible cost.
Signed Date: ..
Chairman
Education & Home Affairs Panel