Chairmen's Committee - Approved Committee Minutes - 1 March 2016

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

Deputy A.D. Lewis , Chairman, Public Accounts Committee

Deputy R. Renouf , Chairman, Health and Social Security Scrutiny Panel Deputy S.M. Brée, Chairman, Economic Affairs Scrutiny Panel

Deputy D. Johnson , Chairman, Environment, Housing and Technical Services Scrutiny Panel (Items 1-6 (6 in part))

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 26th January  and  4th  and  10th  February  2016,  which  were  signed accordingly by the President.  

26.01.16 Item 2

2.  Activity Reports

The Committee noted Panel and Public Accounts Committee (PAC) activity reports.

26.01.16 Item 3

3.  Privileges and Procedures Committee: update

The Committee considered a briefing paper on the deliberations of the Privileges and Procedures Committee.  

08.12.15 Item 1

510/1(5)

4.  Protocol for Engagement between Scrutiny Panels and the Executive

The  current  status  of  the  draft  Scrutiny  and  PAC  Protocols  for Engagement,  the  draft  Scrutiny  and  PAC  Proceedings  Codes  of Practice, and associated amendments to legislation were considered by the Committee. It was noted that the Scrutiny Protocol had now been distributed to individual Panels for consultation. Feedback was scheduled to be submitted to the Scrutiny Manager by the end of March, to enable consideration by the Committee at its meeting on 19th April.

It was noted that drafting of the PAC Protocol was advancing, but drafting of the two Proceedings Codes had yet to begin in earnest. It was agreed that the Scrutiny Manager would liaise with the President, and Chairman of PAC to continue to progress the documents.

The  Committee  discussed  actions  relating  to  the  powers  of Panels/PAC. It agreed to seek the assistance of the Law Draftsman in relation to Regulation 8 of the States of Jersey (Powers, Privileges and Immunities)(Scrutiny Panels, PAC and PPC) Regulations 2006. It

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was  intended  to  amend  this  Regulation  to  extend  immunity  from prosecution, on the basis of evidence provided to a Panel, beyond just the  witness  to  include  any  other  person'.  The  Law  Draftsman's assistance would also be sought with a view to revising the same Regulations to enable Scrutiny Panels to place all witnesses on oath, similar to the situation for Select Committees in the United Kingdom.

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26.01.16 Item 5

510/1(83)

5.  Panel Names and Remits

The Committee considered feedback from Panels regarding proposed changes to names and remits, along with advice from the Scrutiny Manager and Greffier of the States that it remained advisable for amendments to be made following the States' approval of the Transfer of Functions Regulations.

The  Committee  was  advised  that  such  change  was  particularly important  in  relation  to  helping  public,  stakeholder  and  media engagement with Scrutiny, by providing Panels with clear and easily recognised identities. Within the States, it would also provide clarity as to individual Panel responsibilities.

It was noted that agreeing the principle that Panel names should incorporate,  where  practical,  the  terminology  used  to  identify Ministers, could offer a simple, widely understood means to achieve this  aim.  This  approach  would  also  enable  Scrutiny  to  readily accommodate future name changes. Additionally, the Committee was invited to consider agreeing that it might be good practice in future for the Chairmen's Committee to automatically seek to undertake such a housekeeping'  exercise  when  changes  to  Ministerial  names  or responsibilities  were  made,  via  the  necessary  Proposition  to  the States Assembly and/or other associated actions.

The Committee agreed that Panels should be named in accordance with the principles and practice as established above. It was noted that no change was therefore required for the Education and Home Affairs or Health and Social Security Panels. The name and remit of the  Public  Accounts  Committee  would  remain  unchanged.  It  was agreed that the Economic Affairs Panel should remain as presently named, as this most effectively and clearly captured its wide remit whist also part referencing the title of the Minister within its area of responsibility.  A  revised  name  of  Environment,  Housing  and Infrastructure would update the present Environment, Housing and Technical  Services  Panel.  For  the  sake  of  clarity  to  external stakeholders  and  engagement,  the  official  title  of  the  Chairmen's Committee would be proposed as Scrutiny Chairmen's Committee.

It  was  agreed  that  further  consideration  would  be  given  by  the Corporate  Services  Panel  to  amending  its  name  in  line  with  the agreed positon, which would be reported back to the Committee.

In addition, the Committee agreed that the term Panel' should be replaced with Committee' to more precisely reflect the Panels' role and  status  and  the  recognised  terminology  used  in  many  other Parliaments.

Regarding Panel remits, the Committee agreed that it would propose associated changes to Standing Orders, and approved its suggested framework  accordingly.  These  changes  should  be  brought  to  the

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States Assembly via the necessary Proposition in conjunction with amendments to Panel names. An accompanying framework denoting which Panel was therefore responsible for holding Quarterly Hearings with  which  Minister,  or  Assistant  Minister  as  required,  was  also approved. This would be published for information purposes.

It was agreed the advice of the Law Draftsman should be sought in order to progress any necessary law drafting relating to the actions agreed.

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10.02.16 Item 2

511/2/1

6.  Residential Property Transactions Review Panel

It was noted that an invitation from the President to all non-Executive Members  regarding  membership  of  the  Panel  had  not  led  to  any expressions of interest beyond that registered previously by Deputy A.D.   Lewis ,   Deputy  R.   Renouf  and   Deputy  D.   Johnson .  The membership of the aforementioned Deputies was confirmed, and it was agreed that they would convene the first meeting of the Panel to progress scoping of the Review, whilst continuing to seek up to two additional Members.

The  Chairmanship  of  the  Panel  was  discussed,  with  particular consideration given to potential perception concerns that could be raised by stakeholders resulting from the topic's previously high media profile.  The  Committee  agreed  that  no  actual  conflict  of  interest existed and that if any perception issues were to arise from previous media coverage, they were likely be insubstantial. The Committee approved the appointment of Deputy D. Johnson as Chairman of the Panel. Mindful of their dual role in relation to their membership of the Committee and the Review Panel, the members of the sub-Panel abstained from voting.

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26.01.16 Item 6

510/3(9)

7. Use of social media

The Committee noted the additional opportunities presented by the new Facebook page and existing Twitter account to advertise Scrutiny Reviews. It was agreed that Panels would give consideration to these opportunities, alongside the traditional media, when scoping Reviews.

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26.01.16 Item 8

510/1(3)

8.  Training

The Committee considered feedback from Panels regarding future training opportunities. It was agreed that an offer received from the Attorney General to  provide  further questioning training  should  be pursued. The Committee agreed that it would be most beneficial if the training  could  focus  on  techniques  specifically  relevant  to  its Committee/Panel  hearings,  including  incorporating  how  Members could question effectively as a team as well as individuals.

It was noted that consideration was being given by the Environment, Housing and Technical Services Panel and the PAC to undertaking training visits to other jurisdictions. Such visits had previously been of high value to Panels, and included meetings with Committee Members and  Chairpersons  and  observation  of  evidence  sessions  of Parliamentary Committees with a view to learning from good practice. Panels would, however, be extremely mindful of seeking to ensure good value for money from such visits.

It was also agreed that Members would seek opportunities to observe each other's Hearings in order to share feedback and good practice.

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9.  Financial Report 2015

A financial report on overall expenditure by Panels in 2015 was noted.

10. Future Meetings

It was noted that the Committee was next scheduled to meet on 19th April at 9.30am, Le Capelain Room, States Building.