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Education and Home Affairs - Approved Panel Minutes - 25 February 2008

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Education & Home Affairs Scrutiny Panel

PUBLIC MEETING Record of Meeting

Date: 25th February 2008 Meeting 59

 

Present

Deputy D.W. Mezbourian , Chairman Deputy J. Gallichan, Vice-Chairman Connétable G.F. Butcher

Deputy S. Pitman

Apologies

 

Absent

 

In attendance

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

 

Ref Back

Agenda matter

Action

[11/02/08, Item 7]

1. Discrimination Legislation

The  Panel  considered  the  Consultation  Document  that  had  been received in relation to Draft Discrimination (Jersey) Law 200-, noting that the deadline for comments to be received was 14th March 2008. It was further noted that the draft law had previously undergone one round of public consultation. The Officers were requested to circulate the  summary  of  the  responses  that  had  been  received  during  the previous round of consultation.

It was noted that the Chairmen's Committee had considered the general matter of legislative scrutiny at its meeting on 22nd February 2008. The Panel considered the paper that had been prepared for the Committee on the approaches that could be undertaken in relation to such scrutiny.

The Panel considered how it would wish to approach the Consultation Document. It was noted that a paper had been prepared outlining lines of enquiry that the Panel might wish to pursue. It was subsequently agreed to request copies of the initial law-drafting brief and of the Draft Discrimination  (Race)  Regulations  in  order  that  the  Panel  might continue  its  deliberations  on  a  more  informed  business. It  was therefore agreed to defer consideration of the draft law to the next scheduled meeting, ahead of which Panel Members would forward to the Scrutiny Office any comments and questions on the draft law that they might have.

WM /TO

WM /TO

Panel

[11/02/08, Item 10]

2. Crime (Disorderly Conduct and Harassment) Law

The Panel considered draft comments on the Draft Crime (Disorderly Conduct and Harassment)(Jersey) Law 200-. It was noted that the draft law  had  yet  to  be  lodged  au  Greffe.   The  Panel  recalled  that  a precedent for its work on the draft law had been set by the comments on Draft Sexual Offences (Jersey) Law 200- (P.63/2006) that it had presented  to  the  States. It  was  therefore  agreed  to  remove  the introduction to the draft comments under consideration. The Officers were requested to make the necessary amendments and circulate the revised draft for further Panel consideration.

WM /TO

[11/02/08, Item 6]

3. Draft Civil Aviation Law

The  Panel  was  informed  that  the  Chairman  had  met  the  Scrutiny Officers on 21st February 2008 and that draft comments on Draft Civil Aviation (Jersey) Law 200- (P.18/2007) had been prepared as a result. Consideration was given to the draft comments. It was agreed that

 

 

copies  of  the  comments  should  be  circulated  to  Panel  Members together  with  a  copy  of  the  summary  of  responses  that  had  been received by the Department of Home Affairs during public consultation on the draft law. It was noted that the draft law was due to be debated by the States Assembly on 11th March 2008.

WM /TO

 

4. Matters Arising

It was noted that the debate on Code of Practice for Scrutiny Panels and  the  Public  Accounts  Committee  (P.198/2007)  was  likely  to  be deferred from 26th February 2008.

 

[14/02/08, Item 1]

5. Policing of Events

The Panel noted the amendments that had been made to the draft report as a result of its meeting on 14th February 2008.

The Panel was advised that the draft report had been distributed to those parties cited within the report in order that they might comment on whether the evidence they had provided had been fairly and accurately reported. A deadline for comments to be received had been set at 9:00am on 26th February 2008. It was noted that once the deadline had passed, the comments received would be collated and circulated to Panel Members.

The Panel was informed that the following parties had confirmed they had no comments to make on the manner in which their evidence had been reported:

  • Deputy  C.F.   Labey ,  Assistant  Minister  for  Education,  Sport  and Culture
  • Home Department, Guernsey
  • Vingtenier M. Couriard MBE
  • Deputy C.J. Scott Warr en

The Panel was informed that comments had been received from the following parties:

  • States of Jersey Police
  • Department of Home Affairs, Isle of Man
  • Jersey Competition Regulatory Authority (JCRA)
  • Bailiff 's Chambers
  • Senator S. Syvret

It was noted that comments received from the Isle of Man; the JCRA; and  the   Bailiff 's  Chambers  essentially  related  to  matters  of straightforward factual accuracy. Further consideration was given to the comments received from Senator Syvret and the States of Jersey Police and amendments were identified accordingly. Questions were also identified in relation to the comments received from the Police. The Officer was requested to enact the agreed amendments and to liaise with the States of Jersey Police regarding the questions identified.

It was noted that the Directors of Jersey Live and the Department of Economic  Development  might  not  be  able  to  respond  before  the deadline due to absence from the Island. The Officer was requested to follow up the requests made to these parties.

It was agreed to defer consideration of a possible presentation date for the report to the Panel's next meeting on 3rd March 2008.

WM

WM

[14/02/08, Item 3]

6. Annual Business Plan

The Panel recalled it had undertaken to provide the Ministers for Home Affairs and for Education, Sport and Culture with comments on their Funding Pressures for the 2009 Annual Business Plan. Consideration was given to the Pressures. It was agreed to advise the Ministers that the  Panel  had  noted  the  Pressures  and  had  used  the  information

WM /TO

 

received to decide upon its Work Programme for 2008.

 

[11/02/08, Item 2]

7. Work Programme

The Panel considered a paper outlining a possible structure for its Work Programme in 2008.

It  was  agreed  that  detailed  reviews  would  be  undertaken  on  the following topics:

  • Customs and Immigration
  • Social Inclusion

In relation to social inclusion, the Panel noted the topic was potentially very broad. It was therefore agreed to divide any review undertaken into two parts: during the first part, the Panel would focus on matters relating  to  Mont-à-l'Abbé  School;  in  the  second  part,  consideration would be given to other areas such as Highlands.

The Panel recalled that it had received a suggestion that it examine the work of the Prison Board of Visitors. It was agreed that work on this topic would be undertaken later in 2008. It was further agreed to advise the member of the public who had made the initial suggestion.

The Panel considered its approach to the 2009 Annual Business Plan. It recalled that a schedule of work had already been established that included a series of briefings at which Scrutiny Members would be provided with information. The Panel noted that, in addition to this work, it would potentially be beneficial to examine two broad areas for each  Department  within  its  remit.   The  following  areas  were subsequently identified:

  • Education,  Sport  and  Culture:  Higher  Education  Funding  and Culture
  • Home Affairs: Fire and Rescue Service and HMP La Moye

The Panel noted it would continue its practice of considering all relevant items of legislation lodged au Greffe. It was agreed that work in some more depth would be undertaken in relation to the draft Marriage and Civil Status (Amendment)(Jersey) Law 200-.

Subsequent to its consideration, the Panel requested the Officers to draw up a revised Work Programme for 2008.

WM /TO

WM /TO

[21/01/08, Item 11]

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

The Panel noted receipt of correspondence, dated 9th February 2008, from the Chairman of the Comité des Chefs de Police. It was noted that further follow-up work on the Panel's findings and recommendations would be necessary. It was agreed to defer this follow-up work for one month.

 

 

9. Future Meetings

The  Panel  noted  it  would  meet  at  9:30am  on  3rd  March  2008  to consider the Early Years report. It was further noted that a second meeting on the report would be held on 4th March 2008.

The Panel noted that its next scheduled meeting would take place at 9:30am on 10th March 2008.

 

Signed  Date: ..  

Chairman

Education & Home Affairs Panel