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Corporate Services - Approved Panel Minutes - 12 February 2014

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Corporate Services Scrutiny Panel

Record of Meeting

Date:   12th February 2014 Meeting No:  136

 

Present

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

Apologies

Deputy R.J. Rondel  

Absent

 

In attendance

Miss S. McKee , Scrutiny Officer Mr. W. Millow , Scrutiny Officer

 

Ref Back

Agenda matter

Action

 

1.  Record of Meetings

The Panel approved the records of its meetings held on 29th and 30th January 2014. The records were signed accordingly.  

 

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2. Interim Population Policy

The Panel received an update on the status of the work. It was noted that a press release had been sent to the media advising of the Panel's review and Terms of References.

The Panel recalled that it had previously agreed, when the review was first scoped, that a call for evidence would be made to the public. Subsequently, the Scrutiny Officer circulated a draft call for evidence to the Panel for its consideration. The Panel identified a number of amendments,  which  the  Officer  was  requested  to  enact.  It  was advised that once the first proof had been received from Fusion it would be circulated to the Panel for final approval. The Officer was further requested to contact Channel 103 to arrange a public call for evidence via the radio station.

Consideration was given to potential stakeholders of its review. The Panel was advised that the Chamber of Commerce and the Institute of Directors had already expressed an interest in participating in this review.  The  Panel  identified  a  number  of  additional  organisations which the Officer was requested to contact, these being: the Jersey Construction Council, Jersey Hospitality Association, Jersey Farmers Union, Jersey Finance Limited and Jersey Voluntary and Community Partnership. The Scrutiny Officer circulated a draft letter to the Panel which would act as a template for all requests for written submissions, albeit with minor alterations. The Panel approved the draft letter which the Officer was requested to send to each stakeholder.

The Panel considered the Long-Term Plan Framework and the future Long-Term Plan. It was agreed that it was important to seek clarity as to  the  difference  between  the  two  during  the  undertaking  of  this review. The Panel recalled its previous decision to consider the Long- Term Framework when examining the rationale behind the proposals

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of the Council of Ministers within the Interim Population Policy.

The Panel was advised that a request had been made for minutes of the meeting of the Council of Ministers that had taken place on 24th January  2014,  in  which  the  Interim  Population  Policy  had  been discussed. The Panel was further advised that no formal record of the meeting had been taken on this occasion. Subsequently the Officer was asked to request the minutes from the following meeting that took place  on  29th  January  2014  where  the  Policy  had  again  been considered.

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3. Implementation of European Legislation

The  Panel  agreed  to  review  Draft  European  Legislation (Implementation)  (Jersey)  Law  201-  (P.164/2013)  which  had  been referred to it under Standing Order 79 on a proposition of Deputy J.H. Young. The Panel was advised that the Chairman needed to advise the  States  Assembly  at  the  next  sitting  whether  or  not  the  Panel wished to review the draft Law. It was noted that advice from the Greffier  of  the  States  was  that  this  would  most  appropriately  be achieved through the Chairman making a statement to the States under a matter of official responsibility. The Panel, agreeing that it would review the draft Law, noted that a statement for the Chairman would therefore be drafted for Panel approval.

The Panel noted receipt of a paper on P.164/2013 which had been prepared by the Scrutiny Office and was advised that a meeting had been held at officer level between the Scrutiny Office and the External Relations and Constitutional Affairs Section. The Panel discussed the main  areas  in  which  it  would  consider  during  the  review  and considered a draft Scoping Document and Terms of Reference. In regards to the timeframe for the review, the Panel was advised that the Scrutiny Office had been advised that it would be beneficial for the matter to be dealt with by Easter 2014. It was noted that, as a result, the Scoping Document envisaged that the Panel would have reported to the States by Easter 2014. The Panel approved both documents and noted that arrangements would be made for their circulation to the Chairmen's Committee.

The Panel requested the Scrutiny Officer to make arrangements for a private briefing on the draft Law. The Panel also agreed to request the law-drafting  instructions  which  had  been  provided  to  the  Law Draftsman.

The  Panel,  noting  that  P.164/2013  had  been  referred  to  it  under Standing Order 79, considered means of ensuring that opportunities to review matters that fell under its remit were not missed in future. It was noted that one possible way of addressing this issue would be to identify  relevant  lodged  items  on  Panel  agendas.  The  Panel  was advised that this had been tried in the past by other Panels but was found  to  have  been  overly  time  consuming  and  consequently encroached on discussions of work programmes and live reviews.

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4. Medium Term Financial Plan / Draft 2015 Budget

The Panel considered a draft Scoping Document and draft Terms of Reference for potential work on these subjects. It was agreed that provision  should  be  made  for  the  Panel  to  follow  up  on  work undertaken in respect of the 2014 Budget Statement on the major

 

 

capital projects of housing, the hospital and liquid waste. The Panel considered the timeframe in which this review would be undertaken, noting that the Scoping Document indicated that the review would begin after Easter 2014 and would lead to the presentation of the Panel's report in September 2014, ahead of the debate on the Draft 2015 Budget Statement. The Panel was advised that the Department would not lodge the draft Budget until July 2014 and, therefore, given the anticipated  scope of the review, moving the presentation date forward would leave insufficient time for the review to be undertaken. The Panel, noting the particular circumstances involved with 2014, was  further  advised  that  public  hearings  could  be  arranged  for immediately after the lodging date in order to help with timing issues. Furthermore, it was noted that a start date in April 2014 would allow sufficient  time  for  the  Scrutiny  Office  to  research  potential  expert advisors for appointment by the Panel. The Panel was advised that following its discussions further work was needed on the draft Scoping Document and draft Terms of Reference and that they would therefore be brought back to the Panel at a subsequent meeting.

The Panel recalled its request for an officer meeting to be arranged in respect of Independent Taxation. The Panel was advised that the Scrutiny Officer had met officers from the Department of Treasury and Resources  and  that  it  was  now  apparent  that  initial  work  on Independent Taxation could potentially be incorporated into its review of  the  Draft  2015  Budget.  The  Panel  was  further  advised  that Independent  Taxation  was  a  long  term  project  of  the  Department which  would  require  decisions  of  the  States  Assembly  through approval of the Draft 2016 Budget Statement. It was therefore noted that detailed work on this matter was likely to fall more appropriately within the remit of the Panel's successor.

The Panel was advised that the Department had offered to brief the Panel in June 2014 on the Draft 2015 Budget Statement. The Scrutiny Officer was requested to revert back to the Panel with potential dates.

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5. States Employment Board

The Panel noted that a briefing with the Chief Executive had been arranged for 17th February 2014 on the proposed amendments to the Employment of States of Jersey Employees (Jersey) Law 2005.

 

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6. Public Sector Pensions

The Panel was advised that it had been invited by the Department of Treasury  and  Resources  to  receive  a  briefing  at  2:30pm  on  21st February  2014  in  respect  of  proposed  amendments  to  the  Public Employees Contributory Retirement Scheme (PECRS). It was further advised  that  the  Chief  Minister,  the  Minister  for  Treasury  and Resources, the Treasurer of the States and Members of the States Employment Board were due to attend the briefing. The Panel agreed to receive a briefing and requested the Scrutiny Officer to make the necessary arrangements.

The Panel noted that it was minded to undertake a review of PECRS but agreed to await the briefing before any firm decision was made.

The Panel considered its overall Work Programme and the potential implications a review of PECRS could have on the Panel's time. The Panel agreed to be mindful of this issue when considering possible

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new reviews and that it would consider the Work Programme at its next meeting.

 

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7. States of Jersey Development Company

The Panel received an update on the status of the work in respect of the  States  of  Jersey  Development  Company  (SoJDC)  and  the Esplanade  Quarter. The  Panel  was  advised  that  the Trowers  and Hamlin report, which had been requested from the Department of Treasury and Resources, had not yet been received albeit that the request had been acknowledged.

It was noted by the Panel that a proposition had recently been lodged by  Senator  A.  Breckon  which,  if  accepted,  would  mean  SoJDC ceasing any further development of the Esplanade Quarter until the details  of  the  proposed  developments  had  been  presented  to  the States by the Minister for Treasury and Resources and endorsed by the Assembly.

The  Panel  was  advised  that,  after  undertaking  research,  it  had become apparent that there were companies that could potentially be approached in regards to engaging an independent expert advisor for the review. The Scrutiny Officer was asked to continue research into this matter.

The Panel agreed that it would be beneficial to scope this review and requested the Scrutiny Officer to draft a Scoping Document and Terms of Reference for the Panel's next meeting.

The Panel recalled that the Chairman had previously advised that she had been contacted by interested parties in respect of the Esplanade Quarter. The Panel was advised that, in accordance with Article 9.14 of the  Code  of  Practice,  evidence  that  is received  directly  by  the Chairman or Panel members should be passed to the Scrutiny Officers in the first instance. The Panel agreed that, as a result, the interested parties  would  be  directed  to  the  Scrutiny  Office  for  further communication.

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8. Quarterly Public Hearing with Minister for External Relations

The Panel recalled that Connétable D.W. Mezbourian and Deputy R.J. Rondel had provided apologies as they were unable to attend the Quarterly Public Hearing with the Minister for External Relations at 2:00pm on 13th February 2014. It was noted that, in order to remain quorate, the Panel would delay the start of the Quarterly Hearing till 2:15pm to allow time for Deputy Reed to finish a Hearing with another Panel. The Panel was advised that due to other work commitments the Minister needed to leave the Public Hearing at 3:15pm. The Scrutiny Officer was requested to contact the public and media to advise of the new start and finish time.

The Panel agreed to remove some questions from the draft question plan in order to deal with the reduced time now available for the hearing. Amendments to the question plan were also agreed, which the Scrutiny Officer was requested enact.

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9. Legislative Process

The Panel received a briefing from Ms. P. Staley, Law Draftsman, on the legislative process. Connétable D.W. Mezbourian provided her

 

 

apologies as she was unable to attend the briefing due to other work commitments.

The Panel noted receipt of the draft Scoping Document and Terms of Reference for potential work on the legislative process. Whilst the Panel agreed that the subject was worthy of consideration, it was noted that the work could potentially be placed on the legacy report for the next Corporate Services Scrutiny Panel.

 

 

10. Future Meetings

The Panel noted that its next scheduled meeting would take place at 9:30am on 26th February 2014.