Chairmen's Committee - Approved Committee Minutes - 20 September 2016

Present

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

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

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

Deputy J.M. Maçon, Vice-Chairman, Education and Home Affairs Scrutiny Panel

Apologies

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

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 28th and 30th June, 4th, 6th and 14th July, 4th, 19th and 25th August, 5th, 7th and 12th September 2016, which were signed accordingly by the President.  

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2.  Activity Reports

The Committee noted Panel and PAC activity reports.

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3.  Medium Term Financial Plan Addition

An update was provided by Chairmen regarding progress of Panel work on the MTFP Addition. It was noted that most Panels had either finalised or were close to completing their work, with most reports or comments to be presented by the end of the week. The Education and Home Affairs Panel was continuing to draft its comments, which were, therefore, more likely to be presented the following week.

The  Committee  discussed  the  role  of  the  Panels'  adviser,  the Chartered Institute of Public Finance and Accountancy (CIPFA). It was agreed that the technical guidance provided by CIPFA had been of significant assistance to all Panels. The Committee also noted, however, that there had been some instances where Panels had been concerned by the timeliness of the submission of information from  CIPFA  and  other  administrative  arrangements,  although  it understood that this might in part be explained by the volume of work required  of  CIPFA  and  the  convergence  of  the  Panels'  own timetables.

Consideration was given more broadly to the use of independent expert advisers by Panels. The Committee was advised that key

principles in the engagement of advisers included ensuring a high level of technical expertise, independence and integrity, all of which helped to contribute to the credibility of the input to the Panel's work received  from  an  adviser  and  any  associated  report  or  other published output received from them during the engagement. Whilst in some instances maintaining the continuity of advisers engaged by Panels may be advantageous, for example following up an earlier Review, there was considerable potential merit in widening the pool of advisers engaged. The Committee noted that this could help not only to to achieve the aforementioned principles, but also limit any potential  criticism,  perceived  or  otherwise,  that  may  be  levelled against a Panel or its advisers by the Council of Ministers or others.

It was agreed that a list would be maintained by the Scrutiny Office of previous and potential advisers grouped by areas of expertise, to assist  the  process  undertaken  by  Scrutiny  Officers  to  identify potential candidates for Panels.

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4.  Panel Names and Remits

The Committee considered draft amendments to the Standing Orders of the States of Jersey and States of Jersey (Powers, Privileges and Immunities) Regulations.

It was agreed that further advice would be sought from the Greffier of the States in relation to the proposed protection to be provided to persons  or  organisations  named  within  evidence  submitted  to Scrutiny Panels and the PAC. The Committee recalled that its core objective was to afford those persons or organisations named in evidence  the  same  privilege  and  immunities  as  those  submitting evidence, and for such a framework to be comparable with relevant provisions within the House of Commons Select Committee system in the UK. The advice sought from the Greffier would include how the Committee's  proposals  compared  to  related  provisions  within  the House of Commons Select Committee system, the appropriateness of  providing  complete  v's  qualified  immunity  from  prosecution  to those named in evidence and accused even of serious crime, and consideration of any wider implications of the draft amendment on the parliamentary privilege of the States Assembly.

With regard to the remits of Panels, it was agreed that additional detail should be included in the draft Standing Orders in respect of the Corporate Services and Economic Affairs Panels, in order to clarify  their  responsibilities  on  the  matters  of  financial  services, innovation, competition and the digital industry.

The Committee further agreed to clarify with the Law Draftsman that any reference to privilege in its drafting instructions should be taken to mean parliamentary privilege and not legal privilege.

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5.  Protocol for Engagement between Scrutiny Panels/PAC and the Executive

The Committee recalled that the draft Protocol had been forwarded to the Council of Ministers by the President prior to the summer recess, and noted that a response was awaited.

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6. Residential Property Transactions Review Panel

Deputy D. Johnson , Chairman of the Review Panel, updated the Committee about the progress of the Review. Following a pause in the Review due to work on the MTFP Addition, the Panel aimed to complete evidence gathering over the coming weeks with the aim of reporting in November.

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7.  Statement of Intent/Core Objectives

It was noted that the President and Vice-President were continuing to develop  a  draft  Statement  of  Intent/Core  Objectives  for  the Committee's consideration.

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8.  Future Meetings

The Committee noted that its next meeting was schedules to take place  on  18th  October  at  9.30am,  Le  Capelain  Room,  States Building.