Chairmen's Committee - Approved Committee Minutes - 10 November 2015

Present

Deputy  J.A.N.  Le  Fondré,  President  and  Chairman,  Corporate  Services Scrutiny Panel

Deputy L.M.C. Doublet , Vice-President and Chairman, Education and Home Affairs Scrutiny Panel

Connétable A.S. Crowcroft , Chairman, Environment, Housing and Technical Services Scrutiny Panel

Deputy S.M. Brée, Chairman, Economic Affairs Scrutiny Panel

Deputy R. Renouf , Chairman, Health and Social Security Scrutiny Panel Deputy A.D. Lewis , Chairman, Public Accounts Committee

Apologies

Absent

In attendance

 Mr T. Oldham , Scrutiny Manager

Ref Back

Agenda matter

Action

1.  Records of meetings

The Committee approved the records of its meetings held on 21st and 28th October 2015, which were signed accordingly by the President.  

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2.  Activity Reports

The  Committee  noted  the  Panel  and  Public  Accounts  Committee activity reports.

The Committee was updated by the Chairman of the Environment, Housing and Technical Services Scrutiny Panel that his Panel had agreed that it would no longer be undertaking a review of proposed changes to Taxi Regulations. This followed a recent briefing to the Panel by the Minister for Transport and Technical Services on his proposals.

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3.  Privileges and Procedures Committee: update

The Committee considered a briefing paper on the deliberations of the above Committee.  

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4.  Code  of  Practice  for  engagement,  for  the  purposes  of Scrutiny, between elected Members conducting Scrutiny and Ministers and Assistant Ministers

The Committee considered a paper and advice with regard to the protection afforded to witnesses appearing before Scrutiny Panels in comparison to UK Select Committees, on the legislative changes that would be required to provide Panels with the ability to place witnesses on oath, possible revisions to sanctions and processes pertinent to breaches of the Code, and the differences in powers of access to information  between  Jersey  Committees  of  Inquiry  and  Scrutiny Panels.

In conclusion of its discussions, the Panel requested that a paper be prepared  for  consideration  at  its  next  meeting  consolidating  the

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following agreed provisional points and associated actions:

• The power for Scrutiny Panels to formally summons Ministers and Assistant Ministers should be established via amendment to  the  States  of  Jersey  (Powers,  Privileges  and Immunities)(Scrutiny Panels, PAC and PPC) Regulations 2006 (and  the  situation  in  the   Scott ish  Parliament  and  Welsh Assembly regarding Ministers and Civil Servants clarified for information)
• The  revised  Code  of  Practice  should  govern  not  only  the actions  of  Members  of  Scrutiny,  but  be  extended  to  also govern the actions of Executive Members on matters relevant to engagement with Scrutiny
• Regulation 8 of the States of Jersey (Powers, Privileges and Immunities)(Scrutiny Panels, PAC and PPC) Regulations 2006 should be extended to provide immunity from prosecution, on the basis of evidence provided to a Panel, beyond just the witness to include any other person'. This would be in keeping with the situation for UK Select Committees
• The Regulations should also be revised to enable Scrutiny Panels to place witnesses on oath
• The maximum level of punishment for non-compliance with a summons from a Scrutiny Panel should be increased to mirror that of non-compliance with Committee of Inquiry Regulations
• Alleged infringements of the Code, by Scrutiny or Executive Members, must be referred to the Chairmen's Committee to determine an appropriate course of action
• The  actions  and  associated  sanctions  available  to  the Committee  should  be  detailed  in  the  Code  of  Practice, including the stage at which any alleged breach might be made

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• If the matter cannot be resolved by the Chairmen's Committee, it should be referred to a politically independent adjudicating body (i.e. not PPC, possibly a new Parliamentary Standards Commissioner'). It was noted that, as was the case with all comparable  parliamentary  committee  systems,  the  ultimate arbiters of such mattes would necessarily be the parliament itself (States Assembly), if required.

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5.  Use of social media

The Committee recalled the discussion held at its previous meeting. It remained the view of some Members of the Committee that Scrutiny was failing to reach certain demographics with its work, and it was suggested that this was because many people preferred not to use the established  media  and  yet  Scrutiny  did  not  have  a  Facebook presence. This was also identified as a potential barrier to using social media,  particularly  Facebook,  for  advertising  Scrutiny  calls  for evidence.  Nevertheless,  it  was  noted  that  Scrutiny  had  an  active Twitter account, comprehensive website and a generally high profile in the  traditional  media,  generated  through  media  releases  and  pro- active Chairmen amongst other initiatives.

The Committee agreed that the Scrutiny Manager would seek further advice about using Facebook advertising for Reviews, and continue to assess  ongoing  issues  of  resourcing,  time  constraints  and  the management  of  third  party  comments  with  a  view  to  increasing

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Scrutiny's social media presence where appropriate.

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6.  Panel Engagement with States Employees

The  Chairman  of  the  Education  and  Home  Affairs  Scrutiny  Panel raised concerns about her Panel's access to front line staff during the course of its Review work, in particular the specific expertise and informed opinion of teachers.

The Committee noted the procedural situation regarding Panels' ability to access information from States employees, as established by the current Code of Practice for Scrutiny Panels and the PAC. A separate policy  document  guiding  acceptable  political  activity  by  States employees, which formed part of the matter raised by the Chairman of the Education and Home Affairs Scrutiny Panel, was also considered.

The Committee agreed that the Code of Practice was the primary document  establishing  the  right  of  contact  by  Panels  with  States employees, whilst the policy was primarily designed to cover matters relating to the individual political activity of employees, in particular political  candidacy.  It  was  noted  that  those  employees,  including teachers, who fell within the politically eligible' category within the policy could choose to engage with a Panel, being mindful of engaging in a manner that did not constitute gross misconduct as described in the policy. It was considered that Panels might also be cautious in the administration of a Review to avoid their own actions placing States employees in potentially compromising situations.

It was agreed by the Committee that the Code of Practice established a  clear framework for how  Panels  could  and  should  engage  with States  employees,  and  that  this  should  not  present  a  barrier  to appropriate information being obtained. Furthermore, the process of achieving such access to staff might be assisted by Panels continuing to build relationships with Ministers and stakeholders and through the professionalism, integrity and quality of their work.

7.  Future Meetings

It was noted that the next meeting date was 8th December 2015, 9.30am-11.30am, Le Capelain Room, States Building.

The Committee further noted its meeting schedule for 2016.