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Education and Home Affairs - Approved Panel Minutes - 19 February 2007

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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.

 

 

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.

 

[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.

 

[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
  1. 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)
  1. 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.

  1. 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.

  1. 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.

  1. 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.

  1. 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.

  1. 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.

  1. 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.
  1. 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.

  1. 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.

  1. 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