Corporate Services - Approved Panel Minutes - 26 February 2014

Present

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

Apologies

Absent

Deputy S. Power [Co-opted under Standing Order 138(5A), Absent for Item 1]

In attendance

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

Ref Back

Agenda matter

Action

1. Records of Meetings

The records of the meetings held on 12th, 13th, 14th and 17th February 2014,  including  the  private  record  of  17th  February  2014,  were approved and signed accordingly.

12/02/14 Item 2

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2. Interim Population Policy

The Panel received an update on work in respect of Interim Population Policy:  2014  –  2015  (P.10/2014).   It  was  noted  that  two  written submissions had been received from the public, copies of which were distributed to the Panel. It was noted that the written submissions raised  issues  which  the  Panel  would  need  to  consider  addressing during its review.

Consideration was given to the issues to be considered during the Panel's  review. It  was  noted  that  some  of  the  issues  had  been considered during the previous Scrutiny Reviews on population and migration matters. It was agreed that the Scrutiny Reports emanating from those reviews would be circulated for Panel consideration

The Panel was informed that a written submission from the Chamber of Commerce would be received by the deadline of 28th February 2014. The  Panel  was  advised  that  the  Chairman  had  corresponded  with Chamber regarding the results of a survey it had undertaken on the proposed Interim Population Policy and which had been circulated to all States Members. Consideration was given to whether a public hearing with Chamber should be arranged and it was agreed to await receipt of Chamber's written submission before making a decision.

Consideration was given to how the proposed Interim Population Policy differed from the population policy which had been agreed as part of Strategic Plan 2009 – 2014. The Panel recalled that a paper on this matter  had  previously  been  prepared  by  the  Scrutiny  Office  and  it therefore requested that the paper be re-circulated.

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The Panel noted that a public hearing with Senator P.F. Routier MBE, Assistant  Chief  Minister,  would  be  held  on  28th  February  2014. Consideration  was  given  to  a  draft  question  plan  to  which  some amendments were agreed. The Panel was informed that Senator I.J. Gorst , Chief Minister, would not be present at the public hearing. It was noted that the Chief Minister could therefore be invited to attend a second public hearing at a later date. Apologies for the public hearing on  28th  February  2014  were  received  from   Connétable  D.W. Mezbourian .

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3. Implementation of European Legislation

The Panel noted that written questions in respect of Draft European Union Legislation (Implementation) (Jersey) Law 201- (P.164/2013) had been despatched to the Chief Minister's Department and that it was anticipated that responses would be received in time for the Panel to consider them before the public hearing that was due to be held. The Panel further noted, in that regard, that a public hearing with Senator Sir P.M. Bailhache , Minister for External Relations, had been arranged for 11th March 2014.

The Panel was advised of research that was ongoing within the Scrutiny Office into the corresponding legislative situation in other jurisdictions, in particular Guernsey and the Isle of Man. The Panel requested that a paper on the subject be prepared for its consideration.

The Panel was informed that the law-drafting instructions for the draft Law had yet to be requested from the Department and that a request would therefore be submitted. The Panel requested that the relevant extract from the Official Record of the initial debate on P.164/2013 be circulated for Panel consideration.

The Panel, recalling its request for a private briefing on the draft Law, was advised that 9:00am on 6th March 2014 had been suggested. The Panel,  noting  that  the  briefing  would  only  take  place  if  the  States Assembly did not sit that day, agreed to arrange the briefing for that day but to request whether the briefing could commence at 9:30am.

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4. Public Sector Pensions

The Panel recalled the briefing it had received on 21st February 2014 in respect  of  proposed  reforms  to  the  Public  Employees  Contributory Retirement Scheme (PECRS). It was noted that the briefing would be provided to all States Members on 3rd March 2014, after which it was anticipated  that  draft  legislation  in  respect  of  the  proposed reforms would be lodged for eventual debate on 29th April 2014.

The Panel agreed that it would undertake a Scrutiny Review of the proposed  reforms,  for  which  it  would  engage  an  expert  advisor  to consider and review the proposals (including a comparison of how the proposed  reforms  compared  to the  corresponding  situation  in  other jurisdictions) and report back to the Panel. It was noted that, upon receipt of the expert advisor's report, a decision would need to be taken as to what further work, if any, the Panel would itself need to undertake. The Scrutiny Officers were requested to draft a Scoping Document and Terms of Reference for the Panel's review.

It was noted that, as a member of the States Employment Board (SEB), Connétable Mezbourian would not take part in any review undertaken

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by the Panel.

17/02/14 Item 1

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5. States Employment Board

The Panel recalled the briefing it had received on 17th February 2014 in respect of proposed reforms to the Employment of States of Jersey Employees (Jersey) Law 2005 and, in particular, the functions of the States Employment Board (SEB). The Panel was informed that, in line with agreements reached at the briefing, a request had been made by the  Scrutiny  Office for the  relevant  law-drafting  instructions  and for confirmation of when the first draft of the resultant legislation would be made available to the Panel.

The Panel was informed that a short review of the proposed legislative changes could be resourced within the Work Programme as it stood (including the review agreed in respect of PECRS reform). The Panel agreed  to  defer  consideration  of  whether  to  undertake  a  Scrutiny Review.

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6. States of Jersey Development Company

The Panel noted receipt of two proposals that it undertake a Scrutiny Review  in  respect  of  the  proposed  development  of  the  Esplanade Quarter. The Panel also noted that the Chairman had circulated for Panel consideration a copy of the letter provided by the States of Jersey Development Company (SoJDC) as part of the planning application for the Jersey International Finance Centre in which it was explained how the proposed phasing of development of the Esplanade Quarter would be delivered.

Consideration  was  given  to  what  work,  if  any,  the  Panel  would undertake on this matter. It was noted that the Chairman had identified an individual who could potentially be approached as a possible expert advisor on this matter. The Panel recalled its agreement that a Scoping Document and Terms of Reference be drafted for a review of this subject.   The  Panel  was  advised  that  this  work  had  not  been undertaken as it was apparent that, following the briefing to all Members from  SoJDC  on  17th  February  2104  and the statement  of  Senator P.C.F. Ozouf , Minister for Treasury and Resources, on 18th February 2014, further Panel discussion would be required before a Scoping Document and Terms of Reference could be completed. The Panel further recalled that it had agreed to request a copy of the Trowers and Hamlins report from the Department of Treasury and Resources. The Panel  was  informed  that  a  request  had  been  made  but  that  the document had not yet been received.

Consideration was given to Esplanade Quarter Developments: Approval by  the  States  (P.15/2014)  which  had  been  lodged  by  Senator  A. Breckon and which was due to be debated on 18th March 2014. The Panel noted that the proposition could potentially be referred to it under Standing Order 79, albeit that the Panel was not procedurally obliged to review the proposition if it were so referred.

The  Panel  considered  the  information  and  advice  received  at  the briefing on 17th February 2014 and from the Minister's statement of 18th February 2014. The Panel, taking into account the sensitivities of the subject under consideration, also discussed what a Scrutiny Review of this matter at this time would achieve. It was ultimately agreed that the Panel would seek confirmation from the Board of SoJDC about the

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actions which the Board had taken in respect of the issues raised in P.15/2014 and about the reassurance which the Board could thereby provide to States Members on those issues. It was also agreed that the Chairman would table an oral question for the next sitting of the States Assembly to the Minister for Treasury and Resources in respect of the matters discussed by the Panel.

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7. Medium Term Financial Plan / Draft 2015 Budget

The Panel was advised that provisional arrangements had been made between  the  Scrutiny  Office  and  the  Department  of  Treasury  and Resources for a private briefing on the Draft 2015 Budget during the lunchtime adjournment on 5th June 2014. The Panel requested that the arrangements be confirmed.

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8. Legislative Process

The Panel agreed it would not undertake a Scrutiny Review of the Legislative Process. Noting that there were matters which nevertheless merited examination, it was agreed that questions on the subject would be included at a subsequent Quarterly Public Hearing with the Chief Minister and that the subject would be raised in the legacy report to the successor Corporate Services Scrutiny Panel.

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9. Starter Home Deposit Loan Scheme

The  Panel  noted  receipt  of  an  update  from  the  Chief  Minister's Department in respect of the Starter Home Deposit Loan Scheme. The Panel also noted the importance of following up on this subject and agreed that questions would be put at the next Quarterly Public Hearing with the Minister for Treasury and Resources. The Panel was advised that as there were still applications to the Scheme awaiting completion, the Scheme had not yet been taken to have ended formally and a review of the Scheme had therefore not yet been implemented.

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10. Work Programme

The Panel considered its Work Programme for 2014 and noted that provision  had  been  made  for  its  reviews  in  respect  of  the  Interim Population Policy; the implementation of European legislation; the Draft 2015 Budget; and PECRS reform. It was further noted that no provision was currently made for work in relation to Freedom of Information, the Modernisation Programme and the proposed Charities Law. In relation to the Modernisation Programme, it was considered that this was likely to be a topic for inclusion in the Panel's legacy report (and therefore more appropriate for review by the Panel's successor). In terms of the proposed Charities Law, it was noted that a briefing for all Members would be provided on 2nd April 2014, after which a decision could be taken on what work (if any) the Panel would undertake on the matter. In  respect  of  Freedom  of  Information,  the  Panel  was  advised  that debates  in  the  Assembly  would  be  required  in  2014  through  the adoption of some amendments to the Freedom of Information (Jersey) Law and of Regulations which had yet to be lodged.

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11. Quarterly Public Hearing with the Minister for Treasury and Resources

The Panel considered a draft question plan for its Quarterly Public Hearing with the Minister for Treasury and Resources on 13th March 2014. The Panel identified amendments and additions to the question plan, which the Scrutiny Officers were requested to enact.

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12. Future Meetings

The Panel noted that its next scheduled meeting would take place on 12th March 2014.