Approved Panel Minutes - Brexit Review Panel - 2018

Present

Senator Sarah Ferguson Constable Mike Jackson Deputy David Johnson Deputy Kirsten Morel

Apologies

Deputy Mary Le Hegarat

Absent

In attendance

Simon Spottiswoode, Scrutiny Officer

Agenda matter

Action

1.  Appointment of Chair

It was agreed to appoint Deputy Kirsten Morel as Chair of the Review Panel. It was further agreed to appoint Deputy David Johnson as Vice-Chair.

It was noted that Deputy Mike Higgins had expressed an interest in joining the Panel.

It was further noted that the Corporate Services Panel and Education and Home Affairs Panel had not identified members to join the Brexit Panel. It was agreed that the Chairman would approach those Panels about nominating members to join the Panel.

It was agreed to write to other States members with an invitation to join the Panel.

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2.  Declarations of Interest

The provisions of the Scrutiny and PAC Proceedings: Code of Practice were noted. No declarations of interest were made.

3.  Panel remit and work programme

The Panel discussed its terms of reference and noted that a final draft would be drawn up after the meeting.

The  Panel  requested  that  a  scoping  document  be  prepared,  detailing  the  key stakeholders for each of the priority areas identified in the Council of Ministers' Brexit strategy.

It was agreed that particular attention would need to be given to the use of ministerial orders in relation to legislation changes as a result of Brexit. It was agreed to request that any such orders be notified to the Panel in advance of coming into force.

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4.  Hearings

It was agreed to schedule some subject-specific hearings on particular areas of interest in the Autumn, subject to the Panel's capacity in light of the expected volume of Brexit related legislation due to be lodged.

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5.  Briefings and Future meetings

It was noted that the Panel would meet the following week to receive briefings on the Brexit legislation programme.

Present

Deputy Kirsten Morel (Chairman) Deputy David Johnson (Vice-Chairman) Senator Sarah Ferguson

Constable Mike Jackson

Apologies

Deputy Mary Le Hegarat

Absent

Deputy Mike Higgins

In attendance

Simon Spottiswoode, Scrutiny Officer

Agenda matter

Action

1.  Briefings

The Panel received briefings from officers on the Brexit legislation programme and the draft Sanctions and Asset-Freezing (Jersey) Law.

2.  Draft Sanctions and Asset-Freezing (Jersey) Law

The Panel considered the points raised in the briefing from officers and noted that the draft law was being prepared as a consequence of Brexit. It was therefore considered that scrutiny of the draft law would be best undertaken by the Brexit Panel.

It was noted that the draft law could fall within the remit of the Corporate Services Scrutiny Panel, and it was agreed to communicate the Panel's intentions to the members of the Corporate Services Panel.

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3.  Vienna Convention on Road Traffic

It  was  noted  that  the  Chairman  and  Constable   Jackson  (as  chairman  of  the Environment, Housing and Infrastructure Scrutiny Panel) had received a briefing on changes to Jersey legislation, as a result of Brexit, to adopt parts of the Vienna Convention on Road Traffic.

It was agreed that any scrutiny review of this work would be most appropriately undertaken by the Environment, Housing and Infrastructure Scrutiny Panel.

Present

Deputy Kirsten Morel (Chairman) Deputy David Johnson (Vice-Chairman) Senator Sarah Ferguson

Senator Kristina Moore

Constable Mike Jackson

Deputy Mary Le Hegarat

Deputy Rob Ward

Apologies

Absent

Deputy Mike Higgins

In attendance

Deputy  Rowland  Huelin,  Education  and  Home  Affairs  Scrutiny  Panel member

Kate Nutt, Group Director, External Relations

Simon Spottiswoode, Scrutiny Officer

Item 1:

Dan Marcos, Head of International Compliance

Matthew Waddington, Legislative Drafter

Heather Mason, Assistant Legal Advisor

Victoria Bell, Legal Advisor

Item 2:

David Walwyn, Director, External Relations

Paul Eastwood, Deputy Comptroller of Taxes

Neil Watt, Principal External Relations Officer

Matthew Berry, Senior Legal Advisor

Mark Cockeram, Acting Head of Service, Jersey Customs and Immigration Service

Anna Siodlak, External Relations Officer

Agenda matter

Action

1.  Briefing - Draft Sanctions and Asset-Freezing (Jersey) Law

The Panel received a short update on progress in drafting the Sanctions and Asset Freezing (Jersey) Law. It was noted that the draft law would be lodged by 23rd October 2018, for debate on 4th December 2018.

2.  Briefing - Customs

The Panel received a briefing on ongoing work in relation to customs as a result of Brexit.

At the end of the briefing, the Group Director, External Relations then updated the Panel  on  other  matters  relating  to  Brexit,  including  contingency  planning, membership of the World Trade organization and adoption of the Vienna Convention for Motor Traffic.

Present

Deputy Kirsten Morel (Chairman) Deputy David Johnson (Vice-Chairman) Senator Sarah Ferguson

Senator Kristina Moore

Constable Mike Jackson

Deputy Mary Le Hegarat

Deputy Rob Ward

Apologies

Absent

Deputy Mike Higgins

In attendance

Dan Marcos, Head of International Compliance Matthew Waddington, Legislative Drafter Heather Mason, Assistant Legal Advisor Victoria Bell, Legal Advisor

Simon Spottiswoode, Scrutiny Officer

Agenda matter

Action

1.  Briefing - Draft Sanctions and Asset-Freezing (Jersey) Law

The Panel received a briefing from officers on the Sanctions and Asset Freezing (Jersey) Law. It was noted that the latest version of the draft law had been circulated to the Panel in advance. The briefing covered the rationale and content of the law, and also the consultation work undertaken by officers.

Following the briefing, the Panel met in private and agreed that it did not appear necessary to undertake an in-depth review of the draft law. Instead, the Panel agreed to consider drafting a short comments paper outlining the work it had undertaken on the draft law.

Present

Deputy Kirsten Morel (Chairman)

Deputy David Johnson (Vice-Chairman)

Senator Sarah Ferguson

Senator Kristina Moore

Deputy Rob Ward

Deputy Trevor Pointon (Member of the Education and Home Affairs Panel)

Apologies

Constable Mike Jackson Deputy Mary Le Hegarat

Absent

Deputy Mike Higgins

In attendance

Simon Spottiswoode, Scrutiny Officer Andrew Harris , Scrutiny Officer

Item 1 only:

Kate Nutt, Group Director, External Relations David Walwyn, Director, External Relations Paul Eastwood, Deputy Comptroller of Taxes Victoria Bell, Legal Advisor

Agenda matter

Action

1.  Briefing – Draft EU Legislation (Customs Union, Import and Export Control) (Jersey) Regulations

The Panel received a briefing from officers on the Draft EU Legislation (Customs Union, Import and Export Control) (Jersey) Regulations (P.120/2018). It was noted that in addition to the draft regulations, the government was in the process of agreeing a Customs Arrangement with the United Kingdom. It was envisaged that the Customs Arrangement would be finalised prior to the draft regulations being debated on 4th December.

2.  Immigration (Biometric Information) (Jersey) Order 2018: extension to Jersey by Order in Council

The Chairman reported back to the Panel on a briefing which he attended with the Education and Home Affairs Scrutiny Panel in relation to the Immigration (Biometric Information)  (Jersey)  Order  2018:  extension  to  Jersey  by  Order  in  Council (P.105/2018).

It was noted that while some concerns existed in relation to this legislation, it was linked to changes to collection of biometric information within the United Kingdom.

It was noted that the Chairman would be undertaking further work on this matter in advance of the States Assembly debate on 6th November and would report back to the Panel.

3.  EU Settlement Scheme

It was noted that the EU Settlement Scheme announced by the Minister for Home Affairs was due to be implemented by ministerial order shortly. It was further noted that the Education and Home Affairs Scrutiny Panel had received a briefing on the scheme.

4.  Brexit Contingency Plans

It was noted that the Panel had received previous commitments from government officials to provide it with copies of the government's Brexit contingency plans. However, the plans had not yet been provided to the Panel.

It  was  considered  important  that  the  Assembly  could  be  assured  that  the government's plans were receiving adequate scrutiny and it was agreed to make a further request for copies of the plans.

Present

Deputy Kirsten Morel (Chairman) Deputy David Johnson (Vice-Chairman) Constable Mike Jackson

Apologies

Senator Sarah Ferguson Senator Kristina Moore Deputy Rob Ward Deputy Mary Le Hegarat

Absent

Deputy Mike Higgins

In attendance

Neil Watt, Principal External Relations Officer

Steve  Webster,  Brexit  Advisor,  Growth,  Housing  and  Environment Department

Richard Blake, Emergency Planning Officer

Roy  Towler,  Health  and  Community  Services  Department  Brexit Operational Group

Mark  Richardson,  Assistant  Director,  Health  and  Community  Services Department

Simon Spottiswoode, Scrutiny Officer

Agenda matter

Action

1.  Briefing – Brexit Contingency Plans

The Panel received a private briefing from officers on the government's Brexit Contingency  Plans.  The  record  of  the  meeting  was  classified  as  exempt  in accordance with the Freedom of Information (Jersey) Law 2011 (as amended) under Qualified Exemption Article 35.

Present

Deputy Kirsten Morel (Chairman) Deputy David Johnson (Vice-Chairman) Constable Mike Jackson

Deputy Rob Ward

Deputy Mary Le Hegarat

Apologies

Absent

Senator Sarah Ferguson Senator Kristina Moore Deputy Mike Higgins

In attendance

Simon Spottiswoode, Scrutiny Officer

Agenda matter

Action

1.  Draft  Sanctions  and  Asset-Freezing  (Jersey)  Law  (P.119/2018)  – Comments Paper

The Panel noted receipt of a draft Comments paper in relation to the Draft Sanctions and Asset-Freezing Law and approved the Comments paper for publication, subject to certain changes proposed by the Chairman.

2.  Draft  EU  Legislation  (Customs  Union,  Import  and  Export  Control) (Jersey) Regulations (P.120/2018) – Comments Paper

The Panel noted receipt of a draft Comments paper in relation to the Draft EU Legislation (Customs Union, Import and Export Control) (Jersey) Regulations and approved the Comments paper for publication, subject to certain changes proposed by the Chairman.

Present

Deputy Kirsten Morel (Chairman) Deputy David Johnson (Vice-Chairman) Deputy Rob Ward

Constable Mike Jackson

Apologies

Senator Sarah Ferguson Senator Kristina Moore

Absent

Deputy Mike Higgins

In attendance

Simon Spottiswoode, Scrutiny Officer

Agenda matter

Action

1.  Panel membership

It was noted that Deputy Mary Le Hegarat had resigned from the Panel.

2.  Draft  EU  Legislation  (Customs  Union,  Import  and  Export  Control) (Jersey) Regulations

It was noted that the Panel's comments paper on the Draft EU Legislation (Customs Union, Import and Export Control (Jersey) Regulations had been presented to the States on 5th December 2018. It was further noted that the Draft Regulations had been approved by the States.

3.  Draft Sanctions and Asset-Freezing (Jersey) Law  

It was noted that the Panel's comments paper on the Draft Sanctions and Asset- Freezing (Jersey) Law had been presented to the States on 5th December 2018. It was further noted that the Draft Law had been approved by the States.

4.  Public Hearing

It was agreed to hold a Public Hearing with the Minister for External Relations on 18th January 2019. The Panel discussed possible areas of questioning.

5.  Brexit Contingency Plans

Recalling the briefing it had received on the Government's Brexit contingency plans, the Panel agreed to request further briefings in relation to Health and Home Affairs.

It  was  agreed  to  write  to  the  Minister  for  the  Environment  to  request  written information regarding support for the fishing industry after Brexit.

It was also agreed to write to the Minister for Treasury and Resources to request copies  of  her  Department's  Brexit  contingency  plans,  particularly  in  relation  to protecting Jersey's economy.

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6.  States Business

The Panel agreed to write to the Chief Minister to ask how he plans to manage the volume of Brexit related business coming before the States in the lead up to 29th March 2019.

7.  Use of Ministerial Orders

It was noted that the Government expected to make use of ministerial orders where possible to make changes to legislation in relation to Brexit. This had been discussed at a recent public hearing of the Economic Affairs Scrutiny Panel with the Minister for External Relations.

It was agreed that it was important that the Panel closely monitored any such ministerial orders, and to ask officials to ensure that a process was put in place to notify the Panel in advance of any orders being signed.

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