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Education and Home Affairs - Approved Panel Minutes - 29 October 2007

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Education & Home Affairs Scrutiny Panel

PUBLIC MEETING Record of Meeting

Date: 29th October 2007 Meeting 46

Present Deputy D.W. Mezbourian , Chairman

Deputy J. Gallichan, Vice-Chairman Deputy S. Pitman

Apologies

Absent

In attendance Senator W. Kinnard, Minister for Home Affairs [Item 2b]

Mr. G. Power, Chief Officer – States of Jersey Police [Item 2b]

Mrs.  D.  Le  Marrec,  Tourism  Development  Manager Economic Development [Item 2c]

Mr. W. Millow , Scrutiny Officer

 

Ref Back

Agenda matter

Action

 

1. Records of Meetings

The Panel approved and signed the records of its meeting of 8th October 2007 and of its meeting of 18th October 2007 (with one minor typographical correction).

 

[18/10/07, Item 1]

2. Policing of Events – User Pays

a)General Matters

The Panel received an update on the arrangements for Public Hearings. It  was  noted  that  the  Minister  for  Economic Development would attend at 9:30am on 12th November 2007 and that the Directors of Jersey Live would attend at 3:00pm on the same day. It was further noted that parts of the Hearing with the Directors of Jersey Live might need to be held in camera at their request. The Panel agreed that it would send invitations to the Comité des Connétable s and the Comité des Chefs de Police.

The Panel agreed that Panel Members would consider potential questions  and  forward  them  to  the  Scrutiny  Office  by  5th November 2007 in order that they might be collated into formal question plans.

The Panel noted that correspondence had been received from the Honorary  Police  Association  indicating  that  Parishes  might respond individually to the Panel's request for information.

The Panel recalled that an individual had requested a meeting with it. It was noted that the meeting had been arranged for 10:00am on 30th October 2007.

The Panel noted that the Assistant Minister for Education, Sport and Culture with responsibility for culture was due to appear on the BBC Radio Jersey Talkback programme on 4th November 2007. The Panel agreed that it would be beneficial to receive a recording of  this  programme  and  requested  the  Officer  to  make  the appropriate enquiries.

WM DM/JG/SP

WM

The Panel considered the written submission it had received on behalf of the Bailiff regarding the work of the Public Entertainment Panel. The  Panel  noted  the  relevance  of  the Unlawful Entertainment  (Jersey)  Regulations  2007  to  the  work  of  this Panel. It was noted that the current regulations had essentially WM entailed re-enactments of previous regulations albeit with some exceptions. The Officer was requested to clarify how the current regulations differed to previous ones.

The Panel recalled that it had received written information from the WM States  of  Jersey Police. The Panel noted its  uncertainty  over whether this information could be released into the public domain

and therefore requested the Officer to clarify the situation.

  1. Meeting with the Minister for Home Affairs

The Panel met the Minister for Home Affairs, accompanied by the Chief Officer States of Jersey Police, to receive a confidential briefing. This part of the meeting was held in private session under Article 3.2.1(b) of Code of Practice on Public Access to Official Information. A separate record of the briefing was taken for inclusion in the review file.

On an unrelated matter, the Minister offered the Panel a briefing on the work of her Department to assist the Panel when it came to choose its next review. It was noted that this would occur some time in the new year.

The Panel advised the Chief Officer that it had contacted Mr. A. Williamson in relation to the issue of children absconding from Heathfield.

  1. Event-Led Tourism

The Panel received a briefing on event-led tourism from Mrs. D. Le Marrec,  Tourism  Development  Manager Economic Development. A separate record of the meeting was taken for inclusion in the review file.

Subsequent to the briefing from Mrs. Le Marrec, the Panel agreed to request the minutes of meetings that might have been held between the three relevant Ministers during the development of the user pays proposition.

[12/10/07, 3. Early Years

Item 1] The  Panel  noted  that  its  expert  advisor,  Dr.  C.  Hamer,  had

forwarded  a  timeline  that  indicated  the  sequence  of  strategic developments and policy formulations in relation to early years education and care.

The Panel recalled that at its Public Hearing with the Minister for Economic Development the Minister had undertaken to forward the  Panel's  questions  to  those  employers  present  on  a  list WM maintained by his Department. The Officer was requested to liaise

with Dr. Hamer regarding the formulation of these questions.

It was noted that arrangements had been made for the Panel to meet the Comptroller and Auditor General at 12:15pm on 30th October 2007, subject to confirmation.

The Panel considered the arrangements for Public Hearings. It

 

was  noted  that  the  States  Assembly  was  likely  to  sit  on  8th November  2007,  thereby  precluding  the  possibility  of  holding Hearings on that day. The Officer was requested to contact those people who had previously been invited to Hearings on that day to enquire whether they could attend on 9th November 2007.

The Panel recalled that it had requested the attendance of Dr. S. Mountford at its Hearing on 9th November 2007 with the Minister for  Education,  Sport  and  Culture. It  was  noted  that  officer attendance at this Hearing had not yet been confirmed. The Panel agreed it would pursue this matter after 6th November 2007 if no such confirmation had been received by that time.

The  Panel  recalled  that  it  would  receive  Mrs.  A.  Curzons, Headteacher of d'Auvergne Primary School at a Hearing on 5th November 2007. It noted that questions to officers should not be based on their assessment of policy. It agreed that Mrs. Curzons would  be  advised  of  the  Panel's  question  plan  ahead  of  the Hearing.

WM

[08/10/07, Item 1]

4. Rôle of the Centenier in the Magistrate's Court

The Panel noted receipt of correspondence from H.M. Attorney General, dated 12th October 2007, which had been copied to the Chairman.

The Panel noted that a letter from Mr. G. Risoli had appeared in the Jersey Evening Post on 25th October 2007 in which it had been erroneously stated that the Panel had not published Mr. J. Cooper's  legal  advice. It  was  noted  that  the  Chairman  had requested that a response be drafted (for publication in the JEP). The draft was considered and approved. It was further noted that Advocate  P.  Sinel  had  also  recently  sent  a  letter  to  the  JEP regarding this matter.

The  Panel  noted  that  the  Ministerial  Response  to  its  report (SR18/2007) was likely to be available before the States debate on Criminal Justice Policy - audit of the need for a prosecution service (P.161/2007). The Panel was advised by the Chairman that a response  from  H.M.  Attorney  General  would  also  be  available soon. The Panel considered its course of action in relation to P.161/2007. It agreed that it was minded to undertake work in relation to the proposition in due course but that it would first await the Ministerial Response to SR18/2007.

The Panel was advised that in July 2007 the House of Lords Select Committee on the Constitution had produced a report on the relations between the executive, the judiciary and Parliament. The Panel noted that the content of the report might be pertinent to its own review of the rôle of the Centenier in the Magistrate's Court and therefore requested the Officer to circulate the link to the Select Committee's report.

WM

[08/10/07, Item 7]

5. Correspondence to Mr. Williamson

The Panel noted that the Chairman had corresponded with the Assistant Minister for Health and Social Services regarding the issue  of  children  absconding  from  Heathfield. The  Panel requested  that  the  correspondence  be  forwarded  to  Mr.  A. Williamson in case he was unaware of the information that had been provided by the Assistant Minister.

WM

[08/10/07, Item 10]

6. Customs and Immigration

The  Panel  recalled  that  Customs  and  Immigration  had  been

 

identified earlier in 2007 as a potential topic for review. Recalling the Minister's offer of a briefing on the work of her Department, the Panel agreed it would request a presentation on Customs and Immigration early in 2008.

  1. Disorderly Conduct and Harassment

The Panel noted receipt of correspondence, dated 12th October 2007, from the Minister for Home Affairs. The Panel agreed to consider that draft Crime (Disorderly Conduct and Harassment) (Jersey) Law 200- at its next meeting.

  1. Action Updates and Matters Arising

The Panel noted the actions undertaken in response to requests made  at  its previous  meetings with  particular  reference  to  the following:

AU1: The Panel was advised that Chairmen's Committee agendas were  uploaded  to  the  Scrutiny  website  once  they  had  been distributed to the Committee.

The Panel noted receipt of the briefing notes of the Chairmen's Committee meeting of 5th October 2007.

[08/10/07, 9. Annual Business Plan

Item 9] The  Panel  recalled  that  it  had  received  clarification  from  the

Department  of  Education,  Sport  and  Culture  on  its  section  of Annual Business Plan 2008. The Officer was requested to forward WM the information to Deputy A. Breckon.

[08/10/07, 10. Assessment for Learning and Critical Skills

Item 3] The Panel was advised that Mr. C. Chipperfield had confirmed that

the documents that had been distributed at his meeting with the Panel  could  be  forwarded  to  the  Health,  Social  Security  and Housing and Economic Affairs Panels.

  1. Forthcoming Propositions

The Panel agreed it would not seek to undertake a review of the following proposition:

Draft Public Library (Jersey) Regulations 200- (P.146/2007)

  1. Ministerial Decisions

The Panel noted that no Ministerial Decisions by the two Ministers in its remit had been recorded on www.gov.je between 2nd and 22nd October 2007.

  1. Questions to Ministers

The Panel noted that the Minister for Health and Social Services and Chief Minister would answer questions without notice at the States sitting of 6th November 2007.

The Panel noted that the Minister for Education, Sport and Culture and  Minister  for  Planning  and  Environment  would  answer questions without notice at the States sitting of 20th November 2007.

  1. Future Meetings

The Panel noted that it would next meet on 5th November 2007 for Public Hearings in relation to the Early Years review. It was also noted that the Panel's next scheduled meeting was due to occur on 12th November 2007.

Signed Date: ..

Chairman

Education & Home Affairs Panel