Chairmen's Committee - Agenda - 9 November 2011

Present

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

Deputy G.P Southern

Deputy P.J. Rondel

Deputy C. F. Labey

Apologies

Absent

In attendance

Mr. M. De La Haye, Greffier of the States, Mrs. K. Tremellen-Frost, Scrutiny Manager Mr M. Haden, Scrutiny Officer

Ref Back

Agenda matter

Action

515/3(13)

1.  Education  and  Home  Affairs  Scrutiny  Panel:  Issues surrounding  the  Review  of  the  Financial  Management  of Operation Rectangle.

The Committee considered a transcript of a hearing held on 28th October 2011 by a Sub-Panel of the Education and Home Affairs Scrutiny Panel in respect of the above review.

Concerns were expressed as to the appropriateness of what had been stated by the witness and of a number of the allegations made in relation  to  third  parties.   Consideration  was  therefore  given  as  to whether it was appropriate to upload the transcript to the Scrutiny website.  The  Committee  considered  whether  certain  parts  of  the transcript could be redacted before uploading but decided that this could lead to other complications.

The  Committee  noted  that  panel  members  were  covered  by parliamentary privilege under Article 34 of the States of Jersey Law 2005  and  witnesses  were  covered  by  the  same  privilege  under Regulation  8(2)  of  the  States  of  Jersey  (Powers,  privileges  and immunities) (Scrutiny panels, PAC and PPC) Regulations 2006 and that should the transcript be uploaded to the Scrutiny website it was understood that this also would be covered by parliamentary privilege. However, due to the nature of the allegations and the fact that this was the first occasion that such matters had arisen, the Committee agreed that it was essential that legal advice was sought.

The  Committee  was  also  advised  that  the  Data  Protection Commissioner had also expressed concern about the transcript being uploaded.

Consideration was given to seeking advice from the Law Officers'

Department but noted that references to H.M. Attorney General were also made in the transcript. Consequently, the Committee agreed that, although he should be forwarded the original version of the transcript, he should be advised of the Committee's concerns and informed that the  Committee  had  agreed  that  it  would  be  necessary  to  seek independent legal advice on this matter to avoid any perception that H.M  Attorney  General  was  conflicted  in  any  way.  Advice  would, however, be sought from H.M. Attorney General to establish from where independent legal advice could best be sought.

Having agreed the above, the Committee also agreed that the advice sought would relate to whether an unredacted version or a redacted version should be uploaded or whether it should be uploaded in its entirety in view of the Terms of Reference of the review and the parliamentary privilege afforded to Scrutiny.

It was further agreed that it would be useful to seek information from other jurisdictions as to the processes and practices currently in use.