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Education and Home Affairs - Approved Panel Minutes - 2 April 2007

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Education & Home Affairs Scrutiny Panel

PUBLIC MEETING Record of Meeting

Date: 2nd April 2007 Meeting 19

Present Deputy F J Hill BEM Chairman

Deputy D W Mezbourian , Vice-Chairman Deputy S Pitman

Deputy J Gallichan

Apologies

Absent

In Attendance Mrs K Tremellen-Frost, Scrutiny Manager [Item 13]

Mr C Ahier , Scrutiny Officer [Item 14]

Mr W Millow , Scrutiny Officer

Mr T Oldham , Scrutiny Officer

Miss E Kingston, Scrutiny Officer

 

Ref Back

Agenda matter

Action

 

1. Records of Previous Meetings

The  records  of  the  meetings  held  on  19th,  26th  and  27th February 2007 and 1st, 5th and 15th March 2007 were agreed and signed.

 

 

2. Matters Arising and Action Updates

The Panel recalled the agreement that Panel Members would check emails at least twice a day (morning and evening).

The  Panel  noted  the  updates  on  actions  requested  at  its previous meetings.

The Panel requested that a folder of all Panel correspondence be compiled for future reference.

The Panel noted that the Chairman had given evidence to the Privileges  and  Procedures  Sub-Committee  undertaking  a review of the first twelve months of Ministerial Government.

WM/TO

[01.03.07 Item 1]

3. GP Out-of-Hours Review

The Panel noted that it was awaiting a formal response from the Minister for Health and Social Services to the GP Out-of- Hours report.

The Panel requested the Officers to forward a copy of the mailing list used for the distribution of Scrutiny Reports.

EK/WM

[22.01.07 Item 5]

4. Overdale Review

The Panel noted that it was awaiting the formal response from the Minister for Health and Social Services to the Overdale report. The Panel was advised that the Minister had informed the States on Tuesday 13th March 2007 that he hoped to have

 

the response available by 16th March 2007. It was noted that, under Item 11.14 of the draft Code of Practice, the Ministerial response was due on 10th April 2007.

  1. Draft Code of Practice

The Panel agreed to write to the President of the Chairmen's

Committee, outlining its view that the draft Code of Practice [05.03.07 should be amended to contain a requirement that Ministerial Item 13] responses to Scrutiny Reports should be available within two TO

months. It should also require the Minister to comment on all

recommendations.

Following  the  change  in  Presidency  of  the  Chairmen's Committee, the Panel further agreed to send a letter to the recently  elected  President  requesting  an  update  on  the TO progress of the draft Code of Practice, and expressing its belief

in the importance of the draft being presented to the States at

the earliest opportunity. This draft should include the areas of legal advice and access to Part B' minutes of the Council of Ministers and former Committees.

  1. Higher Education Funding

The Panel was advised that the Minister for Education, Sport

and Culture had welcomed the Panel Statement outlining its [05.03.07 position on this issue. The Minister had indicated that it was as Item 2] helpful to know that a review would not be undertaken as it

was to know that one would be.

  1. Criminal Justice Policy

The Panel noted that its comments on Pillar 9 of the revised [15.03.07 Criminal Justice Policy had been despatched to the Minister Item 7] for Home Affairs. It requested that its appreciation of the work

undertaken by the Officer be recorded.

  1. Scrutiny Newsletter

The Panel noted the publication and public distribution of the first Scrutiny Matters Newsletter, and broadly welcomed the [09.02.07 appearance and content. The Panel agreed in future to ensure Item 12] that it was fully familiar with all material to be included within its

section prior to publication.

The Panel discussed how evaluation of the newsletter could be undertaken, and noted that this was potentially a matter for the Chairmen's Committee to take forward.

  1. Forthcoming Propositions

The Panel agreed that it would write to inform the Minister for Home Affairs that the Draft Customs and Excise (Amendment No.4) (Jersey) Law 200-(P.32/2007) had been considered but WM would not be subject to a Review. It was agreed to advise the Minister that the accompanying report did not explain why it

had  been  recommended  that  Customs  and  Immigration officers did not need to take an oath before the Royal Court.

  1. Ministerial Decisions

The Panel noted that the following Ministerial Decisions had been made by the Minister for Home Affairs between 15th March and 26th March 2007:

  • Police Complaints Board - Annual Report 2006 (MD-HA-

2007-0026)

  • Community Visits - request  for extension  of  temporary release from prison (MD-HA-2007-0024)
  1. Youth Service

The  Panel  discussed  and  amended  the  revised  scoping [15.03.07 document and terms of reference.

Item 4]

It was noted that Deputy Pitman had received guidance from the  Greffier  of  the  States  regarding  a  possible  conflict  of interest. The Panel further discussed the matter and agreed that in the event of a Review of the Youth Service, Deputy Pitman would not be part of the Review Panel.

  1. Police Authority

The  Panel  noted  that  a  Scrutiny  Review  of  the  proposed [15.03.07 Police Authority would be time constrained. The Panel was Item 6] advised that the Minister for Home Affairs planned to lodge its proposals before the summer recess of the States Assembly.

The  Panel  agreed  not  to  scope  a  Review  of  the  Police Authority  until  further  consideration  of  the  Annual  Business Plan had been undertaken, as this process would potentially highlight key developments in some areas. In this regard, the Panel noted the provisions of Standing Order 136(b) that the terms of reference for Scrutiny Panels included consideration of the existing and proposed policy of the Council of Ministers.

  1. Working Practices/Visit to Westminster and Lambeth The Scrutiny Manager was invited to attend the meeting to discuss working practice options identified following the visit to

[0.03.07 Westminster and Lambeth.

Item 11]

The Panel noted that there were a number of methods that Panels could employ in undertaking their work, as highlighted by the statement that the Panel had made on Higher Education Funding. The Panel expressed concern that there had been too much focus on merely undertaking large Reviews in the Jersey  scrutiny  function,  although  it  noted  that  the  role  of scrutiny was shaped by States Members, both executive and non-executive.

It was discussed that, while officers would ideally be allocated to a Panel for the lifetime of that Panel, if officers of a given Panel were being under used then there would be pressure to reallocate that resource to a second Panel with justified work load pressures. It was noted that officers undertook work on behalf  of  Scrutiny  Panels  and  not  on  behalf  of  individual Members.

It was agreed that officers could be used more pro-actively, as had been observed in Westminster and Lambeth. Aside from formal Review work, the Panel was entitled to direct officers to work in a number of ways on issues under the remit of the Panel, including briefings, detailed question plans, statements and short reports. It was noted that such work would emanate from a result of a Panel decision and not from members of the Panel independently.

Further  consideration  could  be  given  to  Members' working practices, such as the number and format of meetings, to help reduce time spent by officers on administration work, therefore creating the time for them to be used more pro-actively, in accordance with the practice observed and positively viewed in Westminster.

The Panel was informed that measuring the performance of Scrutiny Panels was not straightforward and that information regarding  performance  indicators  was  detailed  in P79/2003 Machinery of Government establishment of Scrutiny Panels and  Public  Accounts  Committee.  The  Panel  noted  that following the discussions in Lambeth a request had been made to its Head of Scrutiny to forward the performance indicators that it employed, for general consideration. TO

The Panel considered a draft report on the visit to Westminster and Lambeth. It was agreed the Panel Members would submit proposed amendments to the report by Thursday 5th April.

Once approved, the report would be uploaded to the Scrutiny website and circulated to all Scrutiny Members.

  1. Centeniers in the Magistrate's Court

The Panel considered a selection of images for the cover of [05/03/07, the  report  and  requested  that  alternative  images  also  be CA Item 12] sought and forwarded to the Panel.

The  Panel  was  advised  that  the  Chairman  and   Deputy Mezbourian  would  meet  Mr.  A.  Le  Sueur,  who  had  been engaged as an advisor for this Review, on 7th April 2007. It was noted that, for the purposes of this review, Mr. Le Sueur had an appropriate level of indemnity insurance in order to act as an advisor.

  1. Business Plan

The Panel requested the Officers to prepare a briefing paper on the Business Plan prior  to its next meeting.  The Panel

agreed to consider the Business Plan in greater detail on 16th WM/TO April. The Panel expressed its intention to submit comments on

the departmental spending plans under its remit independently,

and not as part of a co-ordinated response via the Chairmen's Committee.

The Panel agreed that the Minister for Education, Sport and

Culture and the Minister for Home Affairs would be invited, separately, to discuss the Business Plan with the Panel at its TO

meeting on 30th April.

It  was  agreed  to  write  to  the  Chief  Minister  to  clarify  the

deadline  for  Scrutiny  Panels' initial  comments  on  the EK/WM departmental spending plans.

[05/03/07, 16. Early Years

Item 9] The  Panel  discussed  the  scoping  document  and  Terms  of

Reference, and agreed amendments. The amended Terms of Reference would be circulated to the Panel and on approval TO would be forwarded to the Minister for Education, Sport and

Culture for comment.

The Panel requested that files be created in preparation of the Review, and that a timeline leading up to the development of the Early Years strategy be drawn up. The Panel agreed to TO ensure that it considered documents as they were received during the Review.

The  Panel  noted  that  it  would  give  consideration  to  the identification  and  engagement  of  an  expert  adviser.  It  also requested  that  contact  was  made  with  the  Clerk  of  the TO Education and Skills Select Committee in the UK to identify

any  similar  Reviews  that  had  been  undertaken  by  that Committee.

Consideration  would  be  given  to  the  appointment  of  Lead Members at the subsequent meeting.

The Panel noted that Deputy Gallichan was in contact with the Greffier  of  the  States  to  clarify  her  position  on  a  possible perceived conflict of interest.

17. Future Meetings

The Panel agreed that it would meet again on 16th April, when priority would be given to discussion of the Business Plan. It

would set aside a full day.

The Panel intended to meet the Minister for Home Affairs and the Minister for Education, Sport and Culture at a meeting on 30th April.

Signed Date: ..

Chairman

Education & Home Affairs Panel