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Education and Home Affairs - Approved Panel Minutes - 8 October 2007

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Education & Home Affairs Scrutiny Panel

PUBLIC MEETING Record of Meeting

Date: 8th October 2007 Meeting 43

Present Deputy D.W. Mezbourian , Chairman

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

Apologies

Absent

In attendance Mrs. A. Harris , Deputy Greffier of the States [Item 1, for a time]

Mr. W. Millow , Scrutiny Officer Mr. T. Oldham , Scrutiny Officer

 

Ref Back

Agenda matter Action

[25/09/07, Item 1]

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

The Panel noted that, on 1st October 2007, Deputy F.J. Hill BEM of St. Martin had released to the media the Panel's draft report of 4th June 2007. It further noted that a Jersey Evening Post article of 5th October 2007 included quotes that appeared to have been taken from a confidential letter received by the Panel from H.M. Attorney General in May 2007. It was further noted that, consequent to the appearance  of  this  article,  H.M.  Solicitor  General  had  issued  a press release on behalf of the Attorney General.

The  Panel  was  advised  that  the  Chairmen's  Committee  had considered the issue of the release of confidential documents at its meeting on 5th October 2007. It was noted that the Committee had agreed that a statement on this matter would be made in the States Assembly by the Committee President. The Panel considered the draft  statement  and  suggested  amendments  be  made  for  the Committee's consideration.

The Panel noted that Deputy Hill had tabled written questions to the Attorney General on the content of Mr. J. Cooper's legal advice to the Panel. The Panel was informed that Mr. Cooper had contacted the Scrutiny Office in connection to The Rôle of the Centenier in the Magistrate's Court (SR18/2007) and had commented that the report had handled the issues with thoughtful sensitivity.

The Panel considered correspondence it had received from Senator B.E. Shenton in which the Senator asked whether consideration had been given during the review to the procedures in place when both the Attorney-General and the Bailiff are conflicted in a case. The Panel agreed to advise Senator Shenton that this matter had not fallen within the Panel's Terms of Reference. It further agreed to  refer  Senator  Shenton  to  the  Panel's  key  finding  and recommendation relating to the rôle of H.M. Attorney General as titular head' of the Honorary Police.

It was noted that the Ministerial Response to SR18/2007 would be due before December 2007.

WM /TO

The Panel noted the provision of Item 11.19 of the draft Code of Practice for Scrutiny Panels and the Public Accounts Committee:

11.19 At the end of each review each Panel will evaluate the effectiveness of the process and report any problems which

have occurred to the Chairmen's Committee. WM/ TO

The Panel further noted that a form had been produced for Scrutiny Panels  to  use  when  evaluating  reviews. The  Panel  identified comments it would wish to make on the Centeniers review and requested the Officers to begin completing the form.

The Panel recalled that it had approved the Centeniers report on 25th September 2007. It noted that Deputy J. Gallichan had given apologies for this meeting but that prior to the meeting, she had indicated  her  approval  of  the  report  as  it  had  stood  on  20th September 2007. The Panel was advised that subsequent to the meeting on 25th September 2007, Deputy Gallichan had indicated by e-mail to the Scrutiny Office her approval of the final report.

2. Records of Meetings

The Panel approved the records of its meetings of 10th September,

14th  September  (private  session),  17th  September  and  25th September 2007.

[17/09/07, 3. Assessment for Learning and Critical Skills

Item 4] The  Panel  recalled  that  it  had  received  documentation  on Assessment for Learning and Critical Skills from Mr. C. Chipperfield

at its meeting on 17th September 2007. It requested the Officers to WM /TO clarify whether these documents could be forwarded to the Health,

Social Security and Housing Panel and Economic Affairs Panel,

due to their potential relevance to the work of these Panels.

The Panel recalled Mr. Chipperfield's suggestion that the Panel

attend one of two Critical Skills training sessions to be delivered in

January  2008). The  Panel  agreed  it  would  seek  to  attend  a

session on 14th January 2008. Consideration was subsequently

given to potential dates on which the Panel could view delivery of WM /TO the  Critical  Skills  programme. The  Panel  noted  the  potential

benefits of attending the training session prior to undertaking any

visits and agreed to advise Mr. Chipperfield accordingly.

The Panel recalled that advice it had received from Mr. Chipperfield

on the effect that implementing the Critical Skills programme may WM /TO have had on bullying. It noted that the Chief Minister had made

certain undertakings in relation to bullying at a recent briefing on

the subject given to States Members. It was agreed to write to the

Chief Minister to remind him of this undertaking.

[17/09/07, 4. Early Years Education and Care

Item 3] The Panel was advised that correspondence to Mr. I. Harris on had

been despatched.

The  Panel  noted  the  arrangements  for  Public  Hearings. The Officer was requested to circulate the timetable to Panel Members. TO It was noted that a date for a Public Hearing with the Jersey Child Care Trust would need to be arranged; the Panel subsequently identified 19th October 2007 as a suitable date.

It was noted that the Corporate Services Scrutiny Panel had made

recommendations relating to early years education and care during

its Scrutiny Review of the introduction of a goods and services tax (GST). The Officer was requested to research this matter. TO

The Panel noted it would meet its expert advisor, Dr. C. Hamer, on 12th  October  2007. It  was  further  noted  that  a  break  in  this meeting would be required in order that the Panel could attend a second meeting on that day between H.M. Attorney General and all Scrutiny Members.

The Panel was advised that Deputy J. Gallichan had recently met the  Isle  of  Man's  Minister for Education. The  Panel  noted the potential  benefits of garnering information on the Isle of Man's policy on early years education and care.

[17/09/07, 5. Policing of Events User Pays

Item 5] The Panel considered progress on the review to date. The Panel

was  advised  that  the  Chairman  had  spoken  to  an  individual employed by the Parish of St. Helier about the review. The Officer was requested to contact the individual in question to invite him to make a written submission. It was also agreed to invite written submissions from event planners.

The Panel noted the potential benefits of garnering information on the organisation of events in the Isle of Man.

[17/09/07, 7. Correspondence to Mr. A. Williamson

Item 10] The Panel was advised that Mr. Williamson had acknowledged the

Panel's correspondence of 13th September 2007.

8. Matters Arising and Action Updates

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

[10/09/07,

Item 5] AU4:  The  Panel  recalled  its  previous  decision  that  clarification

should  be  sought  on  the  distribution  procedure  to  Panels  of Chairmen's  Committee  agendas,  meeting  briefing  notes  and

records of meetings. The Panel agreed it would be beneficial for all

Scrutiny Members to see the front-sheet of Chairmen's Committee WM /TO agendas  prior  to  meetings  taking  place. The  Officers  were requested to speak to the Scrutiny Manager about this matter.

[10/09/07, 9. Annual Business Plan

Item 3] The Panel was advised that a response was awaited to its request

for  clarification  from  the  Department  of  Education,  Sport  and WM/ TO Culture on its section of Annual Business Plan 2008. The Officers

were requested to follow up this matter.

The  Panel  noted  that  the  Chairman  had  withdrawn  during  the States  debate  on Annual  Business  Plan  2008  (P.93/2007): Amendment (P.93Amd/2007).

The Panel recalled the request of the Chairmen's Committee that

all Panels submit by mid-October a report on the opportunities for WM /TO Scrutiny involvement in the Business Planning process. The Panel considered a draft report and identified amendments that it would

wish to make. The Officers were requested to amend the report accordingly.

[14/05/07, 10. Customs and Immigration

Item 12] The  Panel  noted  that  the Jersey  Evening  Post  had  recently

reported that an investigation of Customs and Immigration officers

was due to be undertaken by the States of Jersey Police. It was noted that the Panel would consider matters relating to Customs and Immigration when it came to choose its next Scrutiny Review.

11. Strategic Plan

The Panel noted that Strategic Plan - progress against initiatives as at 30th June 2007 (R.89/2007) had been lodged. It was agreed that the Panel would seek meetings on the Strategic Plan with the Ministers within its remit at the time of the next update.

[04/09/07, 12. Scrutiny Newsletter

Item 8] The Panel considered its draft contribution to the second issue of

the Scrutiny Matters newsletter. It was agreed that Panel Members would consider the draft in order that any consequent amendments could be agreed by, or on, 12th October 2007.

  1. Forthcoming Propositions

The Panel agreed that it would not seek to review the following propositions:

  • Draft Marriage and Civil Status (Amendment)(Jersey) Law 200- (P.120/2007)
  • Draft  Corruption  (Amendment  of  Definitions)(Jersey) Regulations 200- (P.130/2007)
  • Draft  Terrorism  (Amendment  No.2)(Jersey)  Law  200- (P.131/2007)
  • Draft Crime (Transnational Organized Crime)(Jersey) Law 200- (P.132/2007)
  • Draft  Proceeds  of  Crime  (Cash  Seizure)(Jersey)  Law  200- (P.133/2007)
  • Draft Civil Asset Recovery (lnternational Co-operation) (Jersey) Law 200- (P.135/2007)

[23/07/07,

Item 9] It was noted that these propositions formed part of the work that

had been undertaken in anticipation of the IMF visit in 2008, as referenced in correspondence to the Panel (dated 24th May 2007) from the Minister for Home Affairs.

  1. Ministerial Decisions

The Panel noted that the following decision had been made by the Minister for Home Affairs:

  • Passport  Fees  Increase  (MD-HA-2007-0064) 12th  Septem 2007
  • Award of HM Fire Brigade Long Service and Good Conduct (M HA-2007-0063) – 12th September 2007

The  Panel  noted  that  passport  fees  had  been  increased  from £66.00 to £72.00 for adults and from £45.00 to £46.00 for children.

  1. Questions to Ministers

The Panel noted that the Minister for Housing and Chief Minister would answer questions without notice at the States sitting of 9th October 2007.

The Panel noted that the Minister for Economic Development and Minister  for  Transport  and  Technical  Services  would  answer questions without notice at the States sitting of 23rd October 2007.

  1. Future Meetings

The Panel noted that it would next meet at 9:30am on 12th October 2007 in relation to the Early Years review. It was also noted that the Panel would meet on 18th October 2007 in relation to the Policing of Events – User Pays review.

Signed Date:

..

Chairman,

Education & Home Affairs Panel