Chairmen's Committee - Approved Committee Minutes - 21 May 2013

Present

Deputy T.A Vallois, President

Senator S.C. Ferguson

Deputy K.L. Moore

Connétable S. W. Pallett, representing Economic Affairs Scrutiny Panel

Apologies

Deputy S.G. Luce , Vice-President Deputy J.H. Young

Absent

Deputy J.M. Maçon

In attendance

Mrs K. Tremellen-Frost, Scrutiny Manager

Ref Back

Agenda matter

Action

1. Minutes of previous meetings

The records of the meetings held on 23rd and 24th April and 13th May 2013 were approved and signed.

18.12.12 Item 9

465/1(182)

2.  Machinery  of  Government:  Sub-Committee  of  Privileges  and Procedures Committee – recommendations in R.39/2013

The Committee recalled that it had received correspondence dated 2nd May  2013  from  the  Privileges  and  Procedures  Committee  (PPC) requesting that the Chairmen's Committee considered, in consultation with the  Scrutiny  Panels  and  the  Public  Accounts  Committee,  the recommendations made in R.39/2013 from the Machinery of Government Review (MoGR) Sub-Committee.

The Committee further recalled that the President, Chairmen's Committee had circulated correspondence to all Chairmen requesting feedback on the recommendations  by  17th  May  so  that  the  responses  could  be  co- ordinated for consideration by the Committee at the meeting of this day.

Given that there had been a large number of pressures on Members' time during  this  period  some  Members  had  been  unable  to  reply.   It  was consequently  agreed  that  Scrutiny  Members  would  benefit  from  some additional time in order to provide considered responses and Members would be given to the end of the current week.

The  Committee  considered  in  particular  recommendation  7  which suggested that the Chairmen's Committee should be invited to consider the  Electoral  Commission's  subsidiary  recommendation  on  legislative scrutiny and report its views to PPC.

The  Committee  noted  that  there  were  two  proposals  of  the  Electoral Commission in respect of legislative scrutiny: one of a second Chamber and the other of an additional Panel either of which would have specific responsibility for scrutiny of legislation.

It was firmly agreed that the proposal of a possible second Chamber was

an  unrealistic  suggestion  as  was  the  establishment  of  a  Panel  to specifically  consider  legislation.  Given  the  probability  of  reducing  the numbers of States Members to 42 there would be insufficient Members available to fill positions on Scrutiny Panels, Public Accounts Committee and  other  States  bodies  let  alone  an  additional  area  focussing  on legislative Scrutiny. If it were the intention of the Electoral Commission to appoint independent people to either option, this would necessitate people with a proven legal background and in today's climate would inevitably require payment of a very high level, defeating the objective of cost-cutting exercises across the States and the reduction of the number of States Members.

It was further agreed that improvements could be made amongst Scrutiny in the existing structure with regard to legislative Scrutiny but this was highly dependent on the processes followed by the Executive. Panels would benefit by the Executive having clearly defined timelines to which they adhered. Equally when referring draft legislation to Scrutiny, the draft policy on which it was based should be forwarded along with the law drafting instructions.

A  response  to  PPC  would  be  drafted  once  Members  had  had  the opportunity of responding to the recommendations.

KTF

510/1(82)

3.  States  of  Guernsey  Review  Committee  on  Machinery  of Government  

The Committee noted that the States of Guernsey Review Committee on the Machinery of Government would be attending the next meeting. That Committee was reviewing the existing structure  within the Bailiwick of Guernsey and was considering the structure of other jurisdictions.

The  Committee  considered  the  terms  of  reference  of  the  Review Committee  and  agreed  that  it  should  be  a  useful  discussion.  In  the absence  of  the  Chairman,  Environment  Panel,  the  Committee  was appraised of his views which he had forwarded via electronic mail.

4. Panel Activity Reports

The  Committee  noted  the  Scrutiny  Panels'  Activity  Reports.   The Committee  considered  that  the  Activity  Reports  indicated  that  an encouraging  amount  of  work  had  been,  and  was  currently  being undertaken.

512/1(1)

5.  Appointment  of  independent  Member  to  Public  Accounts Committee

The Committee noted that the Public Accounts Committee had recently conducted interviews of its shortlisted candidates and had offered the position  to  one  of  the  candidates  which  had  been  accepted.  The appointment would be taken to the States Assembly as soon as was practically possible.

26.02.13 Item 12

510/1(47)

6. Away-morning for Scrutiny

The  Committee  recalled  that  it  had  previously  decided  to  defer consideration of an away-event until after the referendum. In view of the outcome of the referendum it was agreed that an event of this nature would now be beneficial if only with a single item; to discuss how Scrutiny could function with 42 States Members.

It was agreed that this should be considered at the all Scrutiny Member meeting scheduled for 5th June 2013.

510/1(70)

7. All Scrutiny Members meeting – items for discussion

In view of the outcome of the referendum, the main matter for discussion was  the  way  forward  with  the  Scrutiny  function  with  only  42  States Members. As this was a major item it was agreed that the meeting should consider the support for an away-event for Scrutiny Members to consider this one topic. (Item 6 of these minutes refer).

18.12.12 Item 6

510/1(3)

8. Questioning Training: Law Officer's Department

The  Committee  noted the  arrangements for the  above  and  agreed  to encourage those Panel Members who had not yet replied to both/either the theory or practical invitations from the Scrutiny Manager to do so.

23.04.13 Item 16

510/3(5)

9. Newsletter

The Committee noted the cost differential between printing off-Island and on-Island. It also noted that a stock sample was to be sent through to the Scrutiny Office for comparison with the existing stock and it was agreed to wait until this could be considered before making any further decisions.

10. Future meetings

11th June 2013 (Chairmen's Committee meeting 9.30-10.30) 10.30-12.00 States of Guernsey Review Committee:

9th  July  2013  –  meeting  9.30am-11.30am  (Comptroller  and  Auditor General to give a brief presentation 11.00am – 11.30am in respect of her office, her work and her plans for working closely with Scrutiny whilst retaining the necessary independence of her office.)