Corporate Services - Approved Panel Minutes - 28 March 2012

Present

Senator S.C. Ferguson, Chairman Deputy J.G. Reed, Vice-Chairman Connétable D.J. Murphy

Deputy S. Power

Deputy R.J. Rondel

Apologies

Absent

In attendance

Deputy T.A. Vallois, President – Chairmen's Committee and Chairman – Public Accounts Committee [Items 3 to 5]

Mr. W. Millow , Scrutiny Officer

Miss S. McKee , Scrutiny Officer [Items 1 and 2]

Ref Back

Agenda matter

Action

1. Records of Meetings

The Panel approved the records of its meetings held on 22nd and 29th February  and  8th  and  14th  March  2012. The  records  were  signed accordingly.

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2. Population and Migration

Consideration was given to draft heads of report. The Panel discussed matters arising from its review and whether or not references to such matters would be required in the report or whether they related more particularly to the second part of the Panel's review. The Panel noted that  the  Terms  of  Reference  would  potentially  need  to  be  revisited following presentation of the report, in order that the Panel's subsequent work was framed appropriately. The Panel approved the heads of report and requested that work continue on drafting the report.

The Panel considered whether further work was required from its expert advisor, Mr. P. Boden. Noting that the advisor had not been present for its public hearing with Senator I.J. Gorst , Chief Minister, the Panel agreed that the expert advisor would be asked to provide comments on the transcript of the hearing. Consideration was given to the use the Panel would  make  of  the  advisor's  report.   The  Panel  was  informed  that advisors' reports were normally appended to Scrutiny Reports and that advisors' reports could be cited in the same way as other pieces of evidence. The  Panel  noted  that  approximately  £4,000  had  been expended to date from the £5,000 that had initially been allocated for the use of an expert advisor. The Panel therefore agreed to increase the budget to £7,000 to allow for the further work it had requested.

The Panel recalled that undertakings to provide it with information had been made during the recent public hearings. The Scrutiny Officers were

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requested to follow up the matter.

Consideration was given to the timescale for presentation of the report. The Panel recalled that the report would be presented ahead of the States debate on Draft Strategic Plan (P.28/2012). It was further noted that, in line with the Panel's previously agreed action plan, the target for presentation was 18th April 2012. The Panel was advised that, as a consequence, it would need to have completed the report by 11th April 2012  in  order  that  the  draft  could  subsequently  be  distributed  to contributors for comment on the factual accuracy. Noting this timescale, the Panel agreed to meet on 2nd April 2012 (once its meeting with Senator P.F.C. Ozouf , Minister for Treasury and Resources, had been completed) in order to consider the draft report and to discuss potential findings and recommendations arising from the review. The Panel further agreed to schedule a provisional meeting for 1:30pm on 5th April 2012, in the event that further discussion was required after 2nd April 2012.

The Panel noted receipt of correspondence from a member of the public in which questions were asked regarding the definition of dwelling' used during the 2011 Census. It was agreed to thank the member of the public for the correspondence and to advise that the questions raised would be taken into account during the remainder of the Panel's review.

The Panel noted that a copy of the speech to be made that day by Mr. M. Boleat,  Boleat  Consulting,  at  a  lunch  organised  by  the  Chamber  of Commerce had been received from Mr. Boleat himself and circulated to the Panel. It was further noted that Mr. Boleat had updated his report, Jersey's Population – A History, a copy of which had also previously been circulated.

WM / SM

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08/03/12 Item 1

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3. Medium Term Financial Plan

The Panel considered the structure of its proposed review of the Medium Term Financial Plan (MTFP). The Panel recalled the recommendations of  the  Chairmen's  Committee  that  each  Scrutiny  Panel  consider  the MTFP in relation to the Ministers and Departments within its remit and that a Corporate Services Sub-Panel be established to consider matters arising from the Panels' work that cut across more than one Department. It was noted that any such Sub-Panel would need to be chaired by a Member of the Panel in accordance with Paragraph 4.21 of the Code of Practice for Scrutiny Panels and the Public Accounts Committee. It was further noted that, in line with the Committee's proposal, the Panel would begin work on the MTFP by considering the two relevant Departments before moving on to consider the overall structure and process of the MTFP from the perspective of the Minister for Treasury and Resources.

The Panel received Deputy T.A. Vallois, President of the Chairmen's Committee,  and  discussed  with  her  the  Committee's  proposals  for scrutiny  of  the  MTFP.   It  was  confirmed  that  each  Panel  would  be expected to consider the MTFP in respect of the relevant Ministers and Departments and that the results of each Panel's work would be provided to a Corporate Services Sub-Panel, in order that the Sub-Panel could consider cross-cutting matters and general issues that might arise. The Panel was advised that Departments would be ready to provide briefings to the Panels from May 2012. It was subsequently noted that the Panel's own work would include consideration of overarching matters relating to the structure and process of the MTFP, for example policy relating to the

allocation of contingency.

The Panel was advised that the President would meet the Chief Minister regularly  and  would  be  able  to  raise  any  issues  that might  become apparent. In that regard, it was noted that the President and Chief Minister had already discussed the timing of the MTFP and that it was possible that the debate on the MTFP could be pushed back from the date in September 2012 that was currently envisaged.

It was ultimately agreed that the Panel would draft Terms of Reference for its work on the  MTFP and that  these would be shared with  the Chairmen's  Committee,  in  the  event  that  they  could  be  used  in establishing a template for the other Panels' work. The Panel agreed that this should occur in time for the next Chairmen's Committee meeting on 24th April 2012 and that the Chairman and Vice-Chairman should meet the Scrutiny Officers in the first instance to progress the matter.

SF / JR / WM

14/12/11 Item 6

513/1(40)

4. Gigabit Jersey

The Panel noted receipt of correspondence from a member of the public in which concerns were expressed regarding the decision to establish a fibre optic network in Jersey. The Panel considered the correspondence with Deputy Vallois, in her capacity as Chairman of the Public Accounts Committee (PAC), in attendance.

Consideration was given to the decision-making process that had been followed in relation to Gigabit Jersey. It was noted that the decision to approve financing of the Gigabit Jersey project had been taken by the Minister for Treasury and Resources and that it had not been the subject of debate by the States Assembly. The Panel considered whether, as the decision had already been made, any review relating to the subject fell within the remit of the PAC. The Panel was advised by the Chairman of the PAC that the PAC would not normally question Ministers and that if there were concerns relating to the decision-making process followed by the Minister, it would be for the Panel to examine the matter in the first instance. The Panel therefore agreed that it would raise the matter with the Minister at its meeting with him on 2nd April 2012 and that it would subsequently include questions on the topic at the next Quarterly Public Hearing. The Panel also agreed to request copies of the Oxera report relating to this matter and of the revised business case which the Panel understood  JT  would  submit  to  the  Department  of  Treasury  and Resources by 31st March 2012. The Panel also requested that the Ministerial Decision relating to Gigabit Jersey be circulated.

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513/1(43)

5. Public Finances Law

The Panel noted that amendments to the Public Finances (Jersey) Law 2005 would be lodged for debate by the States later in 2012. It was noted that the amendments in question would address recommendations that had previously been made by Mr. C. Swinson OBE, Comptroller and Auditor-General (C&AG). Consideration was therefore given, with the Chairman of the PAC in attendance, to whether this matter would be a subject for review by the Panel or by the PAC. The Panel was advised that the PAC was likely to follow up many of the recommendations made by the C&AG by writing to the relevant accounting officers to ask how the recommendations had been addressed. It was envisaged that the same process  would  apply  in  relation  to  the  imminent  amendments  to  the Public Finances (Jersey) Law 2005. The Panel was advised that, once

the PAC had undertaken that work, it was likely the matter would then fall within the Panel's own remit, given that the PAC would not review policy or legislation in development.

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6. Work Programme

Consideration was given to the Panel's work programme for 2012 and, in particular, the work that the Panel would undertake from September 2012 onwards. It was noted that the Panel's current workload incorporated two substantial pieces of work in the Population and Migration Review and the review of the Medium Term Financial Plan (MTFP). It was further noted that further work on population and migration matters, beyond that currently scoped, was likely to be necessary and that this might involve the establishment of a Sub-Panel in order to co-ordinate work with the Health, Social Security and Housing (HSSH) Scrutiny Panel. No decision was therefore taken as to further review topics and the Panel agreed to return to the subject of its work programme in due course.

7. Future Meetings

The  Panel  noted  that  it  would  meet  the  Minister  for  Treasury  and Resources  on  2nd  April  2012,  at  which  time  it  was  due  to  receive briefings in respect of the Medium Term Financial Plan (MTFP) and pensions matters.

The Panel noted that its subsequent scheduled meeting would take place on 11th April 2012. It further noted that it would receive the Minister for Treasury and Resources for a Quarterly Public Hearing on 25th April 2012.

8. Housing Capital Projects

The Panel noted that a request had been received from the Department of Treasury and Resources to brief the Panel at 12:00pm on 11th April 2012 in respect of the funding of housing capital projects. Noting that it was already due to meet that day, the Panel agreed to accede to the request. It was further agreed that any relevant documentation which the Department might wish to provide to the Panel should be received in advance of the briefing.

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9. Information Services

The Panel received documentation relating to information services that had been received from the Chief Minister's Department. It was noted that the documentation was confidential.