Chairmen's Committee - Approved Panel Minutes - 18 September 2012

Present

Deputy T.A. Vallois, President Deputy S.G. Luce , Vice-President Senator S.C. Ferguson

Deputy J.M. Maçon

Deputy J.H. Young

Deputy K.L. Moore (item 6 onwards)

Apologies

Absent

In attendance

Mrs K. Tremellen-Frost, Scrutiny Manager

Ref Back

Agenda matter

Action

1. Minutes of previous meetings

The minutes of the meetings of 24th July and 6th, 7th and 15th August 2012, having been approved, were accordingly signed.

24.07.12 Item 10

510/1(72)

2. Confidential documents: use of.

The Committee recalled that it had considered the situation whereby information received in confidence by a former Scrutiny Member had been used in the States Assembly.

The Committee had previously agreed that, although the Member in question had breached the confidentiality agreement, the Committee had no powers to do anything about this specific occurrence. The Committee had also considered that such matters were relevant to all Members in receipt of confidential information not solely Scrutiny Members.

The Committee noted that since the last meeting the President had requested  that  the  letter  from  the  Privileges  and  Procedures Committee be forwarded to the Executive to seek their views.

The Committee also noted that the matter had been considered by the Corporate Management Board on 23rd August 2012 and that the Law Officers Department had requested that it should review the matter in the first instance.

The Committee also considered the introduction of the Freedom of Information Law and resulting possible effects of this and considered whether a Code should be drawn up in the interim. There was also consideration of the need for protection of the private citizen and the difference between confidentiality of commercial matters and that of policy matters.

KTF

15.08.12 Item 1

3. Medium Term Financial Plan: increase in Adviser budget – Corporate Services Sub-Panel

513/35

The Committee noted an increase in the budget for the adviser due to the need of a further five additional days works.

13.06.12 Item 5

510/1(45)

4. Hearings and Briefings: written documentation for Panels

The Committee recalled that it had previously agreed that, in order for the Panels and the PAC to be able to perform to the best of their ability, all written documentation must be with the relevant Panel or PAC at least twenty-four hours in advance.

It recalled that this had been a matter for discussion between the President and the Chief Minister and the existing Guidelines for the Executive  responding  to  Scrutiny  requests  was  being  revised  to include the twenty-four hour clause.

The Committee considered a request from the Corporate Services Scrutiny Panel to amend this decision to request information being with Panels/PAC at least forty-eight hours prior to the hearing or briefing.

Given that this could fall over a weekend period the Committee agreed that it would request that information be provided at least two working days in advance of a briefing or a Hearing.

The President undertook to discuss this with the Chief Minister at the next meeting.

24.07.12 Item 6

530/1(51)

5. Skills Strategy Review

The Committee recalled that during its previous consideration of a review into the Skills Strategy, there was uncertainty as to which would  be  the  "parent"  Panel  for  a  review  given  the  working arrangements across three Ministers.

The President had discussed this with the Chief Minister and it was agreed  that  as  funding  was  provided  though  the  Education Department  that  it  would  properly  fall  within  the  remit  of  the Education and Home Affairs Scrutiny Panel.

The  Committee  noted  that  a  Sub-Panel  would  need  to  be established in order to include Members from the Economic Affairs and Health, Social Security and Housing Scrutiny Panels.

15.08.12 Item 1

513/35

6. Medium Term Financial Plan (MTFP)

The Committee received an update on the work by each of the Scrutiny  Panels  on  the  MTFP.  It  also  noted  work  which  was ongoing by a Sub-Panel of the Corporate Services Scrutiny Panel which was co-ordinating the work on the MTFP.

Having discussed a number of issues in respect of the MTFP, the Committee agreed to the following proposed timetable:

17th Sept (week of) – Panel reports to Sub-Panel

20th Sept – Sub-Panel receives advisers' reports;

24th Sept – Sub-Panel meeting;

26th Sept – Panels to advise Scrutiny Office of intention of

bringing amendments;

1st Oct – FPP presentation

1st -10th Oct – finalise any amendments

10th October – all Scrutiny Member meeting

16th October – Chairmen's Committee meeting/Budget presentation

17th October – Sub-Panel meets to sign off report

19th October – presentation of report & presentation to all States Members

It  was  also  agreed  that  the  individual  Panel  reports  would  be published by way of an Appendix to the Corporate Services Sub- Panel report.

Individual  Panel  amendments  would  be  discussed  at  the  all Scrutiny Members meeting of 10th October.

19.06.12 Item 7

511/1(33)

7.  Council  of  Ministers  and  Chairmen's'  Committee:  joint meeting

The Committee, noting that a joint meeting had been arranged for 4th October 2012, 9.30am to 10.30am, agreed that it wished to put the following matters on the agenda:-

Strategic Plan: working practices in order to progress the

priorities contained within;

Use  of  Green  and  White  Papers:  standardisation  across

Departments and involvement of Scrutiny at the appropriate time;

Level of detail included in Projets;

Departments'  ability  to  meet target  deadlines  for  policies,

strategies and legislative matters.

8. Panel Activity Reports These were noted.

512/16

9.  Public  Accounts  Committee  [PAC]:  constitution  and Financial Report and Accounts

It was noted that the PAC is now constituted and will be undertaking work on the Financial Report and Accounts 2011. The Committee noted the scoping document in respect of this and the request for a budget for transcription purposes.

10.07.12 Item 1

1443(1)

10. Comptroller and Auditor General [C&AG]: update

The  Committee  received  an  update  from  the  President  on  the situation pertaining to filling the post of C&AG. The Committee noted that the position had moved from a permanent appointment to a full time  appointment  and  back  to  a  temporary  one.  Matters  under consideration were the possibility of amending the Public Finances Law to include the provision of some Quality Assurance verification of the work of the C&AG, whilst retaining the independent status of the office of the C&AG and the immediacy of signing off the Social Security Accounts which fell within the remit of the C&AG.

Concerns  were  expressed  in  respect  of  consideration  regarding quality  assurance  as  it  was  considered  essential  to  have  a completely independent office to provide accountability and for there to be no inhibitions to the C&AG undertaking his work and producing reports which (s)he saw fit.

Consideration was currently being given to Article 51 of the Public Finances (Jersey) Law 2005 and the interpretation in respect of delegation of the responsibilities of the C&AG.

The Committee considered whether it would be appropriate for the Chairman, PAC to make a statement in the States but given the joint responsibility of the post of C&AG lying with both the Chief Minister and the Chairman, PAC and given the background leading to the resignation of the former C&AG, this was to be left to the PAC Chairman's discretion.

14.03.12 Item 2

515/23

11. Aircraft Registry Scrutiny Report: Economic Affairs Scrutiny Panel.

The  Committee  noted  the  presentation  of  the  Economic  Affairs Scrutiny Panel Report on the Aircraft Registry.

12. Future meetings

th October 2012, 9.30am to 10.30am: joint meeting with

the Council of Ministers, 9th floor Cyril Le Marquand House; 10th October 2012, 1.00pm-2.00pm: all Scrutiny Member

meeting, Blampied Room, States Building

16th  October  2012,  9.30am-11.30am:  Chairmen's

Committee meeting, Le Capelain Room.