Chairmen's Committee - Approved Committee Minutes - 18 March 2010

Present

Senator B. E. Shenton, President

Deputy R.G. Le Hérissier, Vice-President, Senator S.C. Ferguson

Deputy P.J. Rondel

Deputy M.R. Higgins

Apologies

Senator A. Breckon and Health, Social Security and Housing Scrutiny Panel

Absent

In attendance

Mrs K. Tremellen-Frost, Scrutiny Manager

Ref Back

Agenda matter

Action

1. Minutes

The  minutes  of  18th  February  and  5th  March  2010,  having  been approved, were signed.

2. Panel Activity reports These were noted.

3. Annual Expenditure of Panels 2009

The Committee noted that the above information would be included in the States Assembly Annual report.

28.01.10 item 15 510/1 (49)

4. States Assembly Annual Report

This  was  currently  being  formatted.  Members  recalled  that  once finalised and prior to release, the Chairmen would revisit their Panel pages in order to prepare relevant press releases.

KTF/ Panels

28.01.10 item13 (2)

510/1(5)

5. Code of Practice for Scrutiny Panels and the Public Accounts Committee: Review Sub-Group

The Committee noted that the Sub-Group had met, all States Members had been invited to forward comments and there was a representative Scrutiny Officer Group working on a submission.

28.01.10 item 12 510/3(2)

6. Citizenship Programme

The  Committee  noted  that  communication  with  the  Education Department was underway and work had started in identifying possible dates and an appropriate topic. It was noted that there had been a request  from  some  schools  that  the  programme  take  place  in  the Autumn Term due to pressures during the Summer Term.

28.01.10 item 3 (Private meeting) 510/3(5)

7. Newsletter

The Committee noted that the dates were fixed and all Scrutiny Officers were aware of the deadlines for the Panels/PAC

513/26(8)

8. Corporate Services Scrutiny Panel: review into Human Resources.

The Committee noted that the Corporate Services Scrutiny Panel would be  reviewing  the  Human  Resources  whistleblowing  policy  and

complaints procedures but not sickness and absenteeism.

510/1(52)

9. Economic Affairs Scrutiny Panel: confidentiality clauses

Concern  was  expressed  by  the  Chairman  of  the  Economic  Affairs Scrutiny Panel in respect of blanket confidentiality statements imposed by  the  Executive.  On  two  occasions  the  Economic  Development Department had circulated information under a blanket confidentiality cover when documents enclosed therein were already in the public domain  and/or  had  no  justification  in  being  sent  under  confidential cover.

In respect of the latest matter it was noted that a request had been made for background information prior to scoping and drawing up terms of reference for a Sub-Panel review into Harbours and Airport.

It was noted that this could be raised at the joint meeting with the Council of Ministers this day.

18.02.10 item 5

515/19(8)

10. Economic Affairs Scrutiny Panel: Review of Airport and Harbours

Proposed adviser

The Chairman of the Economic Affairs Panel confirmed that he had identified a former Airport Director as a possible adviser to a review into the airport. This person had stated that he would be prepared to take on the role, however, the States of Jersey tendering process would have to be followed.

Conflict of interest of Chairman

In  respect  of  the  blanket  confidentiality  request  by  the  Economic Development Department noted above, it was questioned whether this was  due  to  the  perceived  conflict  of  interest  of  the  Chairman  in reviewing airport matters. The Chairman advised that he had received nothing formal from the Department regarding any concerns about a conflict of interest. Also he assured the Committee that the review would be totally objective as there were other independent members on the Sub-Panel; Deputies T. Vallois, M. Tadier and D. De Sousa. There was  a  suggestion  that,  given  the  Panel  Chairman's  recognised involvement with the airport, it would be more appropriate for one of the independent Members to chair the Sub-Panel, although it was noted that, in accordance with the Code of Practice, the Chairman of a Sub- Panel must be a member of the "parent" Panel.

29.01.10 item 2

516/23(8)

11. Education & Home Affairs Scrutiny Panel: Political Education Review

The Committee noted further revised Terms of Reference for this review.

514/1(18)

12. Environment Scrutiny Panel: work programme

The Committee noted that Panel work had been held up due to the Liquid Waste Strategy not yet having been produced.

510/1(48)

13.Evidence [Comptroller and Auditor General's paper]: Panel views

The Committee noted that only two Panels had responded: Corporate Services and Environment.

The  Corporate  Services  Scrutiny  Panel  believed  the  guidelines  to reflect common sense and the Environment Scrutiny Panel considered them useful but also considered that they should not be a prescriptive framework given the broad context within which scrutiny operated.

510/1(45)

14. Scrutiny meetings in public/private: Panel views

The  Committee  noted  that  responses  had  been  received  from  the following Panels:-

Corporate Services (CSP) Education and Home Affairs (Ed/HA) Environment

Public Accounts Committee (PAC)

The Committee also noted a variety of views and working practices as follows:

1. CSP - no problems, made it clear that no videoing or

interruptions by members of the public would occur;

2. Ed/HA  -  all  meetings  would  be  in  public  with  the

exception of meetings where personal or sensitive issues were under consideration;

3. Environment - committed to holding hearings in public

but  meetings  dealing  with  ongoing  business  were  held  in  private. Quarterly briefings with Ministers also in private although flexibility was essential to be able to decide whether to hold in private or public as appropriate;

4. PAC - All administrative meetings were held in private

The Chairman of the Economic Affairs Scrutiny Panel advised that working meetings were held in private with hearings in public. The Committee noted that it had no powers to insist Panels held working meetings in private but also noted that the majority of Panels were operating in this manner.

1240/10(36)

15. Media working group: report

The Committee received correspondence, dated 17th March 2010, from the  Privileges  and  Procedures  Committee  (PPC)  together  with  the report from the media working group. Noting that the PPC was minded to lodge a proposition to bring the matter to debate by the beginning of May; that the next Chairmen's Committee meeting was on 29th April and that all scrutiny members should have the opportunity to comment, it was agreed to circulate the paper to all Panels for comment to the Chairmen's Committee at its next meeting.

16. Matter raised by a member of the public

The Committee noted that a matter raised by a member of the public had been considered by a Scrutiny Sub-Panel and forwarded to the Committee  as  it  contained  overarching  matters,  namely  suggesting scrutiny of the scrutiny process. The Committee noted that a number of comments were made regarding a number of matters. One of these was  already  being  undertaken  by  a  Scrutiny  Sub-Panel,  another through the Privileges and Procedures Committee. It was also agreed that the  Chairmen's  Committee  had  no remit  to  undertake  scrutiny reviews, nor was it appropriate for an organisation to review itself. A response would be sent to the proposer.

KTF

04.02.10

17. Review of the rôles of the Crown Officers: invitation to submit

item 1 499/3(22)

The Committee received and noted the following Panel responses:

Corporate Services Education and Home Affairs Environment

HSSH

It was agreed that the comments would be forwarded to Lord Carswell, Review  Chairman,  together  with  the  Shadow  Scrutiny  Report (SR8/2005) entitled "Provision of Legal Advice to Scrutiny Panels.

KTF