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Education and Home Affairs - Approved Panel Minutes - 14 January 2013

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Education and Home Affairs Scrutiny Panel

Record of Meeting

Date:   14th January 2013 Meeting No:  26

 

Present

Deputy J. M. Maçon, Chairman

Connétable M. P. S. Le Troquer, Vice Chairman

In attendance

Deputy M. Tadier

M. Haden, Scrutiny Officer Deputy J. Young (item 8)

Deputy J. Le Fondré (item 8) Deputy G. Baudains (items 6 & 8)

Apologies

Connétable S. W. Pallett

 

Ref Back

Agenda matter

Action

 

1. Minutes The Minutes of the meetings held on 17th December 2012 were approved and signed.

 

516/1(1)

2. Resignation of Panel member

The Panel received a letter of resignation from Connétable S. Pallett.

 

Item 5 17.12.12

516/35

3. Relocation of Police HQ – addendum to report S.R. 19/2012

Having noted comments received from civilian staff and a report of the latest  drop-in  session  for  staff  at  Police  Headquarters,  the  Panel approved a draft addendum to its report for circulation to stakeholders and then publication.

The  Panel  also  received   Deputy  J.  Young,  Chairman  of  the Environment  Scrutiny  Panel,  who  wished  to  explain  his  Panel's intentions to conduct an additional review of the relocation of the Police Headquarters focussing the broader impact of the building on the town, principally the parking and traffic implications. Deputy J. Maçon agreed to be co-opted onto the Environment Panel to assist with this review.

 

Item 6 17.12.12

516/1(51)

4. Police Procedures and Criminal Evidence (Codes of Practice) Amendment No 2 (Jersey) Order 201-

The Panel considered a briefing note, prepared by the Home Affairs Department for the Minister. It was noted that the purpose of the amendments was to modernise methods of conducting interviews and recording evidence and that they were not contentious. No comments had been received from the public consultation. The Panel agreed that a further briefing was unnecessary

 

Item 4 26.11.12

516/34

5.  Prison  Service:  Treatment  of  prisoners  with  emotional  or mental health problems

The Panel received Advocate Fogarty for a public hearing to discuss issues relating to the mental health treatment of prisoners.

 

Item 3 17.12.12

110(9)

6. Higher Education Funding: methods of assessment

The Panel received Deputy G. Baudains in relation to his proposition P.134/2013 to request the Minister for Education Sport and Culture not to implement proposed changes to introduce household income as  the  basis for  assessment for  applications for  higher  education funding.

Deputy  Baudains  explained  that  he  believed  that  the  first  call  for contributions to student funding should be the biological parents and not any new partners who were part of a new household after divorce or separation of the parents.

The Panel agreed that this was an important matter which ought to be considered by the States, rather than passed by Ministerial Order without discussion.

The Panel recalled its previous discussion with the Minister on this topic and noted that a presentation was to be made to all States members on 15th January.

The Panel agreed to defer a decision on conducting a full review of the matter until after this presentation.

 

516/1(51)

7. Unlawful Public Entertainment (Jersey) Regulations 201-

The Panel considered a letter, dated 21 November 2012, from the Minister  for  Home  Affairs  relating  to  the  renewal  of  Triennial Regulations governing public entertainment in Jersey, which were due later this year.

The Minister wished to give the Panel the opportunity to consider whether  it  was  desirable  to  move  forward  to  implement  the recommendations  from  the  Legislation  Committee  working  party, chaired by Deputy Le Hérissier. The conclusion of the working party in their report (R.C. 26/2002) had been that it was no longer appropriate for the Bailiff to exercise the executive function of controlling public entertainment.  However,  it  appeared that  an  alternative  means  of licensing entertainment would be costly and entail substantial law drafting. Furthermore, reaching a definition of public entertainment' was not a simple matter. As a consequence, the States had agreed on previous occasions to continue with the existing arrangements.

The Panel agreed to invite Deputy Le Hérissier to its next meeting, along with Senator L. Farnham , who had also been a member of the above working party, to discuss the possible way forward. The Panel also agreed to invite the Bailiff 's Secretary to discuss the current operation of licensing public entertainment. The Scrutiny Officer was requested to prepare a draft scoping document for a possible review.

MH

465/1(182)

8.  Machinery  of  Government  Review  Sub  Committee:  Interim Report

The Panel received Deputies J. Le Fondré, J. Young and G. Baudains to discuss the proposals contained in their interim report, particularly the implications for Scrutiny in establishing Ministerial Boards with non executive members whose role would be to oversee the policies and priorities of the Minister, providing a form of real time' scrutiny which the current Scrutiny Panels struggled to provide. Under the proposed new arrangements it was envisaged that Scrutiny Panels would be free to focus on higher level topics and that Panels would not be

 

 

aligned to specific Ministries.

The discussion focussed on whether the new arrangements would improve accountability. Members acknowledged that the workload of members would be a key factor, particularly if the recommendations of the Electoral Commission to reduce the numbers of States members were implemented. Putting these proposals alongside proposals to increase the number of Ministers there was some concern that the Scrutiny function might be unappealing to non executive members who might find that they had little time to dedicate to Scrutiny.

 

 

9. Next Panel Meeting

The next meeting will take place on Monday 4th February 2013.