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Approved Panel Minutes - Education and Home Affairs - 2018

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Education and Home Affairs Scrutiny Panel

Records of Meetings

Year: 2018

The following records of meetings have been approved by the Panel. Signed

Chairman

Deputy Rob Ward

Date:   18th June 2018

 

Present

Deputy Rob Ward , Chairman

Deputy Rowland Huelin, Vice-Chairman Deputy Jess Perchard

Deputy Trevor Pointon

Connétable Simon Crowcroft

Apologies

 

Absent

 

In attendance

Mr A. Harris , Scrutiny Officer

 

Agenda matter

Action

1. Vice-Chairman

The Panel agreed to appoint Deputy Rowland Huelin as Vice-Chairman.

 

2. Working Practices

The Panel noted a briefing paper in relation to the working practices it would maintain during its term of office. The Panel agreed that it would like to receive briefings and information from the relevant Ministers at the earliest opportunity to encourage discussion and promote collaborative working. It was also agreed that the Officer would share the Scrutiny Codes of Practice with the Panel via email.

The Panel received a briefing from the Officer in relation to the use of SharePoint as the main method of distributing documents. The Panel agreed to proceed with SharePoint,  but  highlighted  some  issues  with  accessing the  site  from  external computers. The Officer advised that the issues would be raised with the Information Services Department immediately. The Panel requested the Officer to re-send the link to the SharePoint site.

In the event that an Individual Member wished to ask a question in the States Assembly that specifically related to work the Panel was undertaking, it was agreed that the Member should first discuss this with the Panel.

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3. Schedule of Meetings

The Panel noted a document outlining potential meeting dates for the rest of 2018. The Panel agreed that it would proceed with its meetings every two weeks on a Monday, however, it agreed it would meet between 1:00pm and 3:00pm as opposed to 9:30am to 11:30am. The Panel also agreed to meet on 23rd July as opposed to 16th July. The Officer advised that meeting requests would be sent out in due course.

The Panel noted a briefing paper outlining the process for arranging quarterly public hearings with the Ministers in its remit. The Panel agreed that its Quarterly Public Hearings would last an hour and a half, and would be arranged for Friday mornings the week before a scheduled Panel meeting.

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4. Work Programme

 

 

The Panel noted the legacy report of the previous Education and Home Affairs Panel and agreed that it would look to pursue several areas that were recommended in the report. The Panel agreed that it would look to arrange site visits and meetings with the Ministers and Departments under its remit and then decide on any further reviews it wished to undertake.

AH

5. Conflict of Interest

The Panel noted a briefing paper in relation to any perceived conflicts of interest that may exist.

Deputy Jess Perchard explained that she had been approached by a secondary school to sit on its Board of Governors, however, she had yet to accept the offer. Deputy Jess Perchard questioned whether this could lead to a perceived conflict of interest and whether this could prevent her participation on the Panel. It was agreed that this did not constitute a conflict, although Deputy Jess Perchard would step aside from any review that was conducted into that particular school.

 

6. Site-Visits / briefings with the relevant Ministers and Departments

The Panel noted a list of potential site visits that it could carry out in order to better inform it of its remit. The Panel tasked the Officer to arrange the visits and requested that multiple visits be undertaken on the same day wherever possible.

The Panel also requested that any briefing papers were circulated in advance of any briefings from the Ministers and Departments.

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7. Scrutiny Training

The Panel noted that a session on "What is effective Scrutiny" was due to take place on Friday 6th July. The Panel requested that a meeting request was sent out to confirm the training.

AH

8. P.38/2018 Draft Explosives (Amendment) Jersey Law 201-

The Panel noted that P.38/2018 Draft Explosives (Amendment) Jersey Law 201- was due to be debated by the States Assembly on Tuesday 26th June 2018. It was agreed that the Panel would write a letter to the Minister for Home Affairs requesting that he withdraw the proposition until such time as the Panel had been able to receive a briefing on the proposals.

AH

9. Honorary Police Review

The Panel noted a topic request had been received suggesting a review was carried out of the Honorary Police service. The Panel agreed that it would request further information from the member of the public that submitted the request, and would also discuss with the Head of Scrutiny as to whether this was an area it could examine.

AH

10. Future Meetings

The Panel noted that its next meeting was due to take place at 1:00pm on Monday 2nd July in the Le Capelain Room, States Building.

 

Date:  2nd July 2018

 

Present

Deputy Rob Ward , Chairman

Deputy Rowland Huelin, Vice-Chairman Deputy Jess Perchard

Deputy Trevor Pointon

Apologies

Connétable Simon Crowcroft

Absent

 

In attendance

Mr Paul Brown, Acting Chief Fire Officer [item 2 only]

Mr Jason Masterman, Group Commander, Fire Safety [item 2 only]

Mr  David  Le  Marquand,  Policy  Officer,  Community  and  Constitutional Affairs [item 2 only]

Mr Andy Harris , Scrutiny Officer

Ms Nikita Hall , Scrutiny Officer

 

Agenda matter

Action

1. Records of Meetings

The Panel approved the record of the meeting held on 18th June 2018.

 

2. P.38/2018 – Draft Explosives (Amendment) Jersey Law 201- Briefing

The Panel received Mr Paul Brown, Acting Chief Fire Officer, Mr Jason Masterman, Group  Commander,  Fire  Safety  and  Mr  David  Le  Marquand,  Policy  Officer, Community and Constitutional Affairs for a briefing in relation to P.38/2018 Draft Explosives (Amendment) Jersey Law 201-.

The Acting Chief Fire Officer explained that the Draft Explosives (Jersey) Law 2014 had updated the Island's legislation in relation to the definitions of the use of certain types of explosives (i.e. fireworks), however, it required regulations to be brought before the States Assembly before it could come into force. It was explained that the purpose of this amendment was to pave the way for the regulations to be brought forward by updating the following aspects of the law:

  • Update the law to reflect international best practice in the definition and identification of explosives (i.e. referring to fireworks as pyrotechnic articles)
  • Allow for the Connétable s to act as the licensing authority in relation to public firework displays in the individual parishes
  • Allow the Minister for Home Affairs to, by order, stipulate when the rules relating to the timings of public fireworks displays could be relaxed (i.e. New Year's Eve, Liberation Day etc.)

It was explained that the amendment itself would not change the current practice as the overriding law required regulations to be approved by the States. The Acting Chief Fire Officer explained that the amendment, if adopted, would need to be sent to the Privy Council, whereas the regulations would not. It was intended that the amendment was being brought now in order to expedite the process should the States Assembly approve the regulations at a later date.

 

 

The Policy Officer explained that a preliminary draft of the regulations had been completed, however, further work was required to finalise them before lodging in the States Assembly. The Panel noted that concerns had been raised in relation to whether any consultation had been undertaken with the Comité des Connétable s. It was explained that consultation had taken place prior to the election. The Panel recommended that the Comité should be approached and consulted with during the development of the regulations.

It was noted that the proposition had been lodged in February 2018 and would therefore fall out of time and would need to be re-lodged for debate. It was hoped that this would take place during July 2018 with a view to the debate being held in September 2018.

The Panel agreed that the amendment to the draft law was in order and agreed to publish comments explaining the answers it had received during the briefing. The Officer advised that this would be drafted for Panel approval, but would be presented after the proposition had been re-lodged.

AH

3. Further Education

The Panel noted a draft Scoping Document outlining a review of Further Education provision in the Island. It was agreed that the Panel would re-read the Scoping Document and discuss it further at its next meeting on Monday 23rd July.

The Panel agreed to request a report from the Education Department surrounding the relationship between Hautlieu and Highlands which had yet to be made public.

AH

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4. Briefings and site visits

The Panel noted that a briefing had been arranged with the Minister for Education on Friday 20th July at 9:00am and with the Minister for Home Affairs on Thursday 26th July at 2:30pm. The Panel agreed that it would look to change the date of the briefing with the Minister for Home Affairs as the Chairman was unable to attend that date. The Officer advised that he would revisit the dates with the Department.

The Panel noted that site visits were also due to be arranged, however, with the approaching school holidays it was agreed that visits to schools should be left until September.  The  Officer  advised  that  further  information  about  visits  would  be circulated to the Panel in due course.

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5. Schedule of Meetings

The Panel noted and approved its meeting schedule for 2018. It was noted that the meeting on Monday 23rd July had been moved to the earlier time of 10:00am to avoid a clash with the Public Accounts Committee.

The Panel noted that a provisional date had been set for a quarterly public hearing with the Minister for Home Affairs on Friday 26th October at 10:00am. It was expected that hearing with the Minister for Education was to be arranged on Friday 12th October, however, confirmation was required from the Department.

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6. Visit to Westminster

The Panel noted a briefing paper outlining a potential visit to Westminster to watch a Select Committee and discuss its operation with Members and the Clerk to the Committee. The Panel agreed that the visit would be beneficial and give it the opportunity to learn valuable skills. The Officer advised that he would liaise with Officers at the House of Commons about the visit and dates would be circulated for the first quarter of 2019 for the Panel to agree upon.

AH

 

7.  P.84/2018   Draft  Criminal  Justice  (Miscellaneous  Provisions)  (No.2)

(Jersey) Regulations 201-

The Panel noted that P.84/2018 Draft Criminal Justice (Miscellaneous Provisions) (No.2) (Jersey) Regulations 201-had been lodged by the Chief Minister for debate on 10th July 2018. The Panel agreed that it would request a list of all offences which would be categorised in the various fine levels as laid out by the proposition.

AH

8. P.78/2018 – Fields 85, 84 and 80, La Rue Carree, St. Brelade : Acquisition of Land by the Public

The Panel noted that P.78/2018 Fields 85, 84 and 80, La Rue Carree, St. Brelade : Acquisition of Land by the Public' had been lodged by the Minister for Education for debate on 10th July 2018. The Panel agreed that no further work was required at this time.  

 

9. P.50/2018 – Draft Access to Justice (Jersey) Law 201-

The Panel noted that P.50/2018 Draft Access to Justice (Jersey) Law 201- had been withdrawn from the debate on 10th July 2018 by the Chief Minister. It was noted that a Review Panel was due to be set up in order scrutinise the legislation further before it was brought back to the Assembly. It was noted that a briefing was due to take place for the Corporate Services Panel on Tuesday 3rd July, and the Panel agreed that the Chairman would attend alongside Deputy Jess Perchard.

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10. School Library Closures

The Panel agreed to defer this item until the next agenda.

AH

11. Care of Children in Jersey Review Panel

The Chairman explained that the Chairmen's Committee had agreed to reconstitute the Care of Children in Jersey Review Panel in order to scrutinise the response to the  Independent  Jersey  Care  Inquiry  (IJCI)  recommendations.  The  Chairman explained that he was due to contact States Members in order to finalise the Review Panel's membership. Deputy Jess Perchard expressed an interest in joining the Review Panel.

 

12. Honorary Police Review

The Panel recalled that a member of the public had submitted a suggestion that the Panel undertake a review of the Honorary Police Service after recent publicity surrounding the issues it was having recruiting new Officers. The Panel noted that the Comité des Connétable s was due to undertake a review and therefore agreed that no further action was required on the part of the Panel at this time.

 

13. Future Meetings

The Panel noted that its next meeting was due to take place at 10:00am on Monday 23rd July in the Le Capelain Room, States Building.

 

Present

Deputy Rob Ward , Chairman

Deputy Rowland Huelin, Vice-Chairman Deputy Jess Perchard

Deputy Trevor Pointon

Apologies

Connétable Simon Crowcroft

Absent

 

In attendance

Senator Tracey Vallois, Minister for Education

Senator Sam Mézec , Assistant Minister for Education

Deputy Jeremy Maçon, Assistant Minister for Education

Mr Justin Donovan, Chief Education Officer

Mr Sean O'Regan, Group Director, Education

Mr Keith Posner, Director Policy and Planning

Mrs Christine Walwyn, Director Resources and School Support Mr Andy Harris , Scrutiny Officer

 

Agenda matter

Action

1. Meeting with the Minister for Education

The Panel received Senator Tracey Vallois, Minister for Education, Senator Sam Mézec , Assistant Minister for Education, Deputy Jeremy Maçon, Assistant Minister for Education, Mr Justin Donovan, Chief Education Officer, Mr Sean O'Regan, Group Director, Education, Mr Keith Posner, Director Policy and Planning and Mrs Christine Walwyn, Director Resources and School Support for an introductory meeting to discuss the work of the Education Department.

The Minister explained the roles and responsibilities of the Ministerial Team. It was noted that Senator Mézec (as Minister for Children and Housing) held responsibility for  Children's  Services  under  the  new  One  Government  structure  and  further discussion  would  be  held  as  to  his  role  as  Assistant  Minister  once  the  One Government structure had been ratified through legislation. Deputy Maçon was due to take a lead on the skills agenda as well as further and higher education provision.

The Group Director delivered a presentation that gave a high level overview of the work of the Education Department and its current business plan.

The Panel agreed that it would arrange a separate briefing to discuss the Education Department budget. The Officer advised that this would be organised in due course, subject to Members availability over the recess period.

The Panel discussed its preferred working practices and agreed with the Minister that it would like to be involved in any new policy or legislative developments from the outset. The Minister explained that the Panel would be offered briefings on all subjects at the earliest possible opportunity.

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Present

Deputy Rob Ward , Chairman

Deputy Rowland Huelin, Vice-Chairman Deputy Jess Perchard

Deputy Trevor Pointon

Apologies

Connétable Simon Crowcroft

Absent

 

In attendance

Mrs Deborah McMillan, Children's Commissioner [item 2 only] Mr Andy Harris , Scrutiny Officer

 

Agenda matter

Action

1. Records of Meetings

The Panel noted and approved the minutes of the meeting held on Monday 2nd July 2018.  

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2. Children's Commissioner

The Panel received Mrs Deborah McMillan, Children's Commissioner in order to discuss her role and the likely interaction that would occur between her and the Panel going forward. The following items were discussed by the Panel and Commissioner:

  • The Commissioner explained that further work was required in order to bring forward the revised Children's Plan which was being developed by the Department for Community and Constitutional Affairs. It was hoped that this would be brought forward in due course. It was noted that the revised plan had not addressed issues that existed within the local education system, especially in relation to the barriers faced by lower income families.
  • The Panel and Commissioner discussed the merits of different education systems and noted the recent changes in Wales that had sought to focus on the assessment of students' progress as opposed to the assessment of the school's performance in terms of grades and outcomes. The Commissioner explained that she had connections with the Welsh Minister for Education and that a meeting could be arranged if the Panel felt it would be of benefit.
  • The Panel discussed the findings of the recent survey undertaken by the Children's Commissioner and noted the feedback children had given in relation to the education system in the Island.

The Panel thanked the Commissioner for attending and agreed it would seek her views during any future reviews it undertook.

AH

3. Further Education

The Panel noted a draft Scoping Document and Terms of Reference for a review of the current further education provision in Jersey. The Panel agreed that the title of

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the review should be changed to Post-16 Education in order to better reflect the subject area it was examining.

The Panel discussed and agreed changes to the Scoping Document and requested that the Terms of Reference be updated to reflect these changes. The Officer advised that revised drafts would be circulated for Panel approval, after which the documents would be sent to the Chairmen's Committee for final approval.

The Panel discussed the manner in which it would seek to gather evidence in relation to the review and agreed that it would issue a call for evidence to seek the views of students and their families. In the first instance the Panel agreed to seek the views of local businesses and industry, after which further evidence would be sought. The Officer advised that the call for evidence and letters would be drafted for Panel approval.

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4. Draft Explosives (Amendment) (Jersey) Law 201-

The Panel noted draft Comments in relation to the Draft Explosives (Amendment) (Jersey) Law 201-. It was agreed that the Comments would be recirculated for Panel approval, after which they would be issued to the States Assembly.

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5. Briefings and Site-Visits

The Panel recalled that it had received a briefing from the Minister for Education on Friday 20th July and agreed that it had been a beneficial meeting with opportunity for in-depth discussion.

The Panel noted that it was due to meet with the Minister for Home Affairs on Monday 13th August to receive a briefing in relation to the work of the Department.

The Panel noted that a meeting with the Jersey Youth Service had been arranged for Wednesday 5th September however agreed that this would be rescheduled to accommodate a training session for Scrutiny Panel Members.

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6. Care of Children Review Panel

The Panel noted that the Care of Children in Jersey Review Panel was due to be re- established by the Chairmen's Committee, and the Chairman had taken a lead in recruiting Members to serve on the Panel. It was noted that the first meeting of the Review Panel was due to take place on Monday 13th August, after which further updates would be given to the Panel.

 

7. Access to Justice Review Panel

The Panel noted that the Review Panel examining the Draft Access to Justice (Jersey) Law 201- had met and received a briefing on the draft law. It was expected that the Review Panel would conduct its review prior to the draft law being re-lodged at the end of September, however, it was likely that this could be moved to October in order to give the Review Panel sufficient time to complete its work. The Chairman and Deputy Jess Perchard were both Members of the Review Panel and agreed to update the Panel at future meetings on any progress made.

 

8. Ministerial Decisions

The Panel noted two Ministerial Decisions that had been signed by the Minister for Education.

The first was in relation to an increase to course fees at Highlands for the academic year 2018/2019. The second was in relation to the amalgamation of the Alternative Curriculum and d'Hautreé House provisions and the subsequent name change to Le Santé School. It was agreed that no further actions were required at this time for either Ministerial Decision.

 

 

9. Higher Education Tax Allowances

The Panel noted emails received from the Jersey Student Loan Support Group outlining concerns in relation to the removal of the Higher Child Allowance as part of the new student finance arrangements. The Chairman explained that he was due to meet with Officers from the Income Tax Department as an independent Member to discuss the implications of this issue in further detail. It was agreed that the Chairman would report back to the Panel on the outcome of this meeting.

 

10. School Library Closures

The Panel agreed to defer this item until the next meeting.

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11. Scrutiny Training

The Panel noted that training for Scrutiny Panel Members in relation to chairing skills was due to take place on Wednesday 5th September.

 

12. Future Meetings

The Panel noted that its next scheduled meeting was due to take place on Monday 3rd September 2018 at 1:00pm in the Le Capelain Room, States Building.

 

Date:  22nd August 2018

 

Present

Deputy Rob Ward , Chairman

Deputy Rowland Huelin, Vice-Chairman Deputy Jess Perchard

Apologies

Deputy Trevor Pointon

Absent

Connétable Simon Crowcroft

In attendance

Connétable Len Norman, Minister for Home Affairs

Deputy Gregory Guida, Assistant Minister for Home Affairs Mr Julian Blazeby, Director General, Justice and Home Affairs Mr David Le Marquand, Policy Officer

Mr Andy Harris , Scrutiny Officer

 

Agenda matter

Action

1. Introductory meeting with the Minister for Home Affairs

The Panel received Connétable Len Norman, Minister for Home Affairs, Deputy Gregory Guida, Assistant Minister for Home Affairs, Mr Julian Blazeby, Director General, Justice and Home Affairs and Mr David Le Marquand, Policy Officer for a briefing in relation to the remit of the Minister for Home Affairs and the work of the Department for Justice and Home Affairs.

The Minister gave a brief overview of the work of the Department and outlined the following pieces of legislation and policy that were being developed:

  • Cyber Crime Legislation - It was noted that the Minister had requested a copy of the draft law to be sent to the Panel in advance of it being lodged.
  • Draft Explosives (Amendment) (Jersey) Law 201- – The Panel explained that it had been briefed on the proposed amendment to the law and would be producing Comments once the amendment had been re-lodged. The Minister requested that these be shared with the Department prior to lodging to which the Panel agreed it would do in the spirit of co-operation.
  • Removal of Vehicles from Private Land – It was noted that legislation to assist the removal of vehicles from Private Land was due to be brought forward for debate in the States Assembly. The draft law and associated papers had already  been  shared  with  the  Panel  in  advance  of  a  briefing  on  17th September.
  • Public Order and Hate Crime Legislation – The Minister advised the Panel that work was ongoing to bring forward this legislation. It was expected that the draft law would go out for consultation towards the end of the year, however a discussion had yet been had by the Council of Ministers as to the full contents of the law. The Panel agreed that it would undertake a significant review on this piece of legislation.

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  • Domestic Violence – The Panel questioned if any work was being undertaken to bring forward any policy or legislative changes in respect of instances of domestic violence. The Minister explained that nothing specific was planned at present, however, it was an area that was likely to be explored further.
  • Brexit – The Minister explained that the main focus of the Department in respect of Brexit was in relation to Customs and Immigration. It was noted that there was still a great degree of uncertainty as to what may happen if the United Kingdom left the European Union (EU) without a deal, but it was hoped that any problems that did occur would not be insurmountable. The Minister explained that the Department was currently beginning work on the settled status scheme which would identify and assess all EU citizens living in the Island to determine their future status.

The Panel also discussed the following areas of the Ministers remit:

  • Probation and After-Care service – The Minister explained that the Probation Service currently fell within the remit of the Courts, however, under the new One Government structure it featured within the Departmental structure of Justice and Home Affairs. It was also noted that there should be direct political oversight of the service. The Director General explained that an integrated approach to offender management was required going forward and an early intervention approach needed to be taken, especially in relation to convicts and repeat offenders suffering with mental health concerns.
  • Blue Light Services – The Minister explained that all of the blue light services (Police, Fire, Ambulance, Coastguard etc.) were due to be brought under the remit of Justice and Home Affairs. The Director General explained that a project was underway to explore the feasibility of combining all of the blue light services' into one control room, utilising one piece of software. It was noted that work would also need to be undertaken to recruit for the blue light services, specifically the fire service.

The Minister advised the Panel that he was open to collaborative working and intended to send any pieces of legislation or policy developments to the Panel in advance of it being lodged. The Panel thanked the Minister for attending and agreed it  was  looking  forward  to  a  productive  working  relationship  with  him  and  the Department.

 

Date:  3rd September 2018

 

Present

Deputy Rob Ward , Chairman

Deputy Rowland Huelin, Vice-Chairman

Deputy Jess Perchard

Deputy Trevor Pointon, via Skype conference call Connétable Simon Crowcroft

Apologies

 

Absent

 

In attendance

Senator Tracey Vallois, Minister for Education [item 2 only]

Senator Sam Mézec , Assistant Minister for Education [item 2 only] Deputy Montford Tadier , Assistant Minister for Education [item 2 only] Mrs Christine Walwyn, Chief Operating Officer, Education [item 2 only] Mr Keith Posner, Director of Policy and Planning, Education [item 2 only] Mr Andy Harris , Scrutiny Officer

 

Agenda matter

Action

1. Records of Meetings

The Panel noted and approved the records of the meetings held on 20th and 23rd July and 22nd August 2018.

 

2. Education Briefing – Budget

The Panel received Senator Tracey Vallois, Minister for Education, Senator Sam Mézec , Assistant Minister for Education, Deputy Montford Tadier , Assistant Minister for Education, Mrs Christine Walwyn, Chief Operating Officer, Education and Mr Keith Posner, Director of Policy and Planning, Education for a briefing outlining the budget for Education in the Island.

The Panel received a presentation that provided a high level breakdown of the areas of the budget. It also received information relating to the savings that the Education Department had committed to achieving as part of the Medium Term Financial Plan (MTFP), the additional pressures faced by the department as a result of the current MTFP and the growth monies it had received during the current MTFP.

The Panel thanked the Minister and the Officers for attending and requested that copies of the slides used in the presentation be circulated for its information.

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3. Post-16 Education Review

The Panel noted an updated scoping document and Terms of Reference for its review of the post-16 education provision in the Island. The Panel identified additional stakeholders that it would write to in order to gather evidence and agreed that the scoping document and Terms of Reference could be circulated to the Chairmen's Committee for final approval.

The Panel noted and approved a call for evidence for its review and requested that a poster be created that could be circulated to all schools that offered post-16

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provision, Highlands College and any student representative groups at the college. The Panel also approved a press release detailing the launch of the review and agreed a communications plan for how it would engage with the public during the review. The Panel agreed that its main form of communication would be through social media and agreed wherever possible to promote the review through individual Members' accounts.

The Chairman advised that a conference on Further Education was due to take place on the 20th and 21st November 2018 in Birmingham and would feature guest speakers discussing best practice in post-16 education in the United Kingdom. It was noted that the content of the conference was closely linked to the work the Panel would be doing during its review. The Panel agreed that it would be useful for a Member to attend this conference and report back on the topic areas that were presented in order to provide it with further information to support its review. The Panel thereafter agreed that the Chairman would attend with support from the Officer, subject to approval of the review budget by the Chairmen's Committee.

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4. Briefings and Site Visits

The Panel noted a timetable of visits to various organisations and departments within its remit. The Panel agreed to proceed with the timetable and requested that meeting requests be sent out to confirm them. It was also agreed that Panel members would liaise with the Officer in the event they were unable to attend a particular visit.

AH

5. Care of Children in Jersey Review Panel

The Panel noted that the Care of Children in Jersey Review Panel had been formally established and a press release had been sent out detailing its formation. The Chairman explained that additional States Members had joined the Panel and it would now embark upon its work.

 

6. Legal Aid Review Panel

The Chairman updated the Panel on the progress being made by the Review Panel examining the Draft Access to Justice (Jersey) Law 201-. It was noted that the draft law was an enabling law which would place the legal aid system on a statutory footing, and create a legal aid guidelines committee that would be responsible for advising the Chief Minister on a preferred scheme. The Review Panel was currently consulting on the draft law and the proposed scheme attached to the proposition and intended to report prior to the debate on the proposition in October 2018.

 

7. Ministerial Decisions

The Panel noted a Ministerial Decision signed by the Minister for Education in relation to the appointment of a member to the Lord Portsea Gift Fund and a Ministerial Decision by the Minister for Home Affairs appointing an Acting Agent of the Impôts. It was agreed that no further actions were required for either Ministerial Decision

 

8. School Library Closures

The Panel noted the Hansard response from the Minister for Education to a question lodged by Connétable Simon Crowcroft in relation to the closure of school libraries.

The Panel agreed that the response had not been sufficient to allay its concerns and therefore agreed that Connétable Simon Crowcroft would take a lead in forming a Sub-Panel to review this matter further. The Connetable agreed that he would liaise with the Officer to produce a scoping document and Terms of Reference for the review, after which he would correspond with States Members to establish the Sub- Panel's Membership.

SC/AH

9. R&O.86/2018 – Education (Grants and Allowances) (Jersey) Order 2018

 

 

The Panel noted that R&O.86/2018 – Education (Grants and Allowances) (Jersey) Order 2018 had been signed by the Assistant Minister for Education and updated the law in order to bring forward the States decision to increase funding for Higher Education.

The Panel noted that the Chairman had been in correspondence with the Jersey Student Loans Support Group (JSLSG) over a number of concerns that had been raised by parents in relation to the reality of the removal of the Higher Child Tax Allowance (HCA). It was noted that families with students going into their second or third year of university were not receiving the full cost of the grant (£9,250), as the cost of the HCA had been removed from the grant based upon the previous amount of tax benefit the family had received in the previous year. It was noted that this would be a maximum of £2,340. It was noted that this had caused great confusion and anger amongst some parents and better communication was required to explain the changes.

The Panel agreed to monitor this situation and noted that the Chairman was due to meet regularly with the JSLSG in order to keep abreast of the issues being raised.

 

10. Scrutiny Training

The Panel noted that training in relation to chairing hearings was planned for 9:00am on Wednesday 5th September 2018 in the Members' Room, States Building.

 

11. Future Meetings

The Panel noted that its next scheduled meeting was due to take place at 1:00pm on Monday 17th September in the Le Capelain Room, States Building.

 

Present

Deputy Rob Ward , Chairman

Deputy Rowland Huelin, Vice-Chairman Deputy Jess Perchard

Apologies

Deputy Trevor Pointon Connétable Simon Crowcroft

Absent

 

In attendance

Mr Mark Capern, Principal Youth Officer Mr Mark Renouf , Deputy Youth Officer Mr Bradley Cooper, Deputy Youth Officer Mr Andy Harris , Scrutiny Officer

 

Agenda matter

Action

1. Briefing from the Jersey Youth Service

The Panel received Mr Mark Capern, Principal Youth Officer, Mr Mark Renouf , Deputy Youth Officer and Mr Bradley Cooper, Deputy Youth Officer for a briefing in relation to the work and remit of the Jersey Youth Service.

The Principal Youth Officer delivered a presentation to the Panel outlining the work that was undertaken by the service, the changes it had undergone since 2011 and the future plans for the service. It was noted that the work of the Youth Service was focussed on being young person led, to which end the service had created a promise to young people which was at the heart of the work it did. There were currently 13 centre based youth projects operating in the Island as well as a further 11 targeted projects including the Prince's Trust, the Youth Enquiry Service (YES Project) and the Inclusion Project for young people with special needs.

The Panel noted that a considerable amount of work had been undertaken to train and  develop  locally  trained  staff,  with  15  individuals  successfully  qualifying  as professional youth workers through a distance learning programme since 2010. It was noted that a further 8 were currently in training.

The Panel received an update on the budget of the Youth Service and noted that a considerable amount was brought in from external sources, mainly through Parish partnerships  and  private  funding  agreements.  The  Panel  also  noted  that  the attendance figures for the service had increased since 2015 and were recorded centrally on a new management information system. It was noted that gathering accurate data was key to multi-agency working, especially in relation to safeguarding issues.

The service had received additional funding as a result of the response to the Independent Jersey Care Inquiry and was now able to offer more counselling services through the YES project, which was now based at Eagle House. It was noted that the number of young people attending counselling services had increased significantly since 2011, with the current waiting time at 3 - 4 weeks. It was explained

 

 

that additional counselling staff were being recruited which would bring down the waiting time further.

The Principal Youth Officer explained that the youth service had been assessed by Ambition (a quality assurance programme for youth services) over the past two years and was currently rated as silver, with the intention of submitting for gold by the end of the year. It was noted that all youth projects in the Island were rated as bronze, but as the youth service managed all of the projects and therefore followed its policies and procedures it was not intended for them to look to attain silver.

The Panel thanked the Officers for the briefing and agreed that it would seek the views of the service and young people when undertaking any relevant reviews.

 

Present

Deputy Rob Ward , Chairman

Deputy Rowland Huelin, Vice-Chairman Deputy Trevor Pointon

Apologies

Deputy Jess Perchard Connétable Simon Crowcroft

Absent

 

In attendance

Mrs Jenny Posner, Head Teacher, St. Martin 's School Mr Andy Harris , Scrutiny Officer

 

Agenda matter

Action

1. Site visit to St. Martin 's School

The Panel attended St. Martin 's School for a tour of the building with the Head Teacher, Jenny Posner and two student representatives from Year 6.

The Panel noted that the school was relatively new, having been built in 2015, and was shown the facilities for all of the year groups. Further to the tour, the Panel spoke with the Head Teacher about some of the challenges that the school faced as well as details relating to the following areas:

  • The Jersey Premium and the numbers of students at the school receiving it
  • Special Educational Needs (SEN) at the school
  • Schemes being used to encourage the development of reading, writing, reasoning and questioning skills in the children
  • The relationship between the school and parents (which was noted as being extremely positive)
  • The role of Early Help Interventions and how it was being used effectively in the school to target and assist the needs of children.

The Panel thanked the students and Head Teacher for taking the time to show it the school and tasked the Officer to send a thank you letter to the school.

AH

Present

Deputy Rob Ward , Chairman

Deputy Rowland Huelin, Vice-Chairman Deputy Trevor Pointon

Connétable Simon Crowcroft

Apologies

Deputy Jess Perchard

Absent

 

In attendance

Mr Jack Norris, Policy Principal [item 2 only]  Mr Andy Harris , Scrutiny Officer

 

Agenda matter

Action

1. Records of Meetings

The Panel noted and approved the records of the meetings held on 3rd, 6th and 10th September 2018.

 

2. Draft Motor Vehicles (Removal from Private Land) (Jersey) Law 201- Briefing

The Panel received Mr Jack Norris, Policy Principal, for a briefing in relation to the Draft Motor Vehicles (Removal from Private Land) (Jersey) Law 201- (the draft law). It also received a draft copy of the regulations that would be brought forward subject to approval of the draft law by the States Assembly.

Mr Norris explained that the Minister for Home Affairs was due to lodge the draft law during the week beginning 24th September, with the intention of a debate taking place at the States sitting on Tuesday 4th December. It was noted that this was an enabling law that would create a framework for the following processes to be brought into law by regulations:

  • Introduce a full ban on any form of wheel clamping.
  • Detail the processes to follow in the event that a vehicle required removing from private land. It was noted that this would include processes for private land with signage explaining any actions that would be taken in the event of a vehicle being removed and for land without signage.

Mr Norris explained that in the event a vehicle was to be removed from private land with signage, the land owner would, under the proposed law, be able to remove the vehicle, store it and sell it if left unclaimed after a determined period of time. In the case of vehicles left on private land without any signage, it was noted that the process differed. If a vehicle had been left unattended on private land without signage, then the owner of the land would be required to contact the registered owner of the vehicle in order to serve notice that the vehicle would be removed if not claimed after a period of 3 weeks. If the vehicle was not claimed after this period then the land owner would, under the proposed law, be able to remove it to a storage impound and dispose of it after a determined period of time. It was noted that in the event that a vehicle left on private land was creating a serious nuisance, or an emergency situation, then permission could be granted to remove the vehicle immediately.

 

 

The Panel agreed that the draft law was in order, however, it raised concerns about the following aspects of the regulations and how they would be managed:

  • Concern was raised that the draft law could create a culture of revenue collection over service to the community. It was noted by the Panel that an unscrupulous  private  company  could  use  the  draft  law  as  a  means  of collecting income as opposed to genuinely serving the community with any funds received. The Panel questioned how this would be protected against within the regulations.
  • The Panel agreed that the definition of contact in the case of a private land owner informing the registered owner of a vehicle's planned removal should be clarified. It was suggested that specific mention should be given in the regulations to the manner in which this could happen (i.e. by registered letter).
  • The Panel agreed that a clear definition of abandonment should be set out in the regulations in order to protect the rights of both land owners and vehicle owners. It was noted that confirmation of abandonment could be given by either the States of Jersey Police or Honorary Police.
  • The Panel also agreed that there should be reference in the regulations to the level of charges that could be set for the removal of vehicles from private land, with clarification being provided as to what the charges would be used for (i.e. to cover costs). It was agreed that this would provide additional safeguards for land owners and vehicle owners.

The Panel questioned whether the inclusion of civil penalties in the draft law (i.e. private car parks giving notice that a fine could be payable if a vehicle was parked for more than an allotted period of time) was appropriate and whether this should be in separate legislation. Mr Norris explained that this process would need to be taken through the Royal Court by a private company and it was intended that the draft law should include various remedies to land owners when seeking to remove a vehicle from their land.

It was noted that the regulations were intended to be lodged in March 2019 for debate in the States Assembly during April/May 2019.

The Panel thanked Mr Norris for attending and agreed that it would publish comments on the draft law which set out its concerns in relation to the regulations. The Officer advised that draft would be circulated for Panel approval in due course.

AH

3. Post-16 Education Review

The Panel received an update from the Officer in relation to the progress of its review of post-16 education in the Island. The Officer explained that letters had been sent to key stakeholders and contact had been made with all secondary schools and Highlands College in order to agree a suitable format to gather the views of students who were either studying post-16 courses, or those who were due to study post-16.

The Panel discussed various forms of engagement with the schools and agreed that it would look to produce a short survey to capture a representative view of students. It was suggested that this survey was also extended to the Youth Parliament and linked with the work of the Children's Commissioner. It was agreed that this survey would only focus on addressing Terms of Reference one, two and four. The Officer advised that contact would be made with the Chief Statistician in order to identify a suitable format for the survey.

AH

4. School Libraries Review

 

The Panel noted a scoping document and Terms of Reference for a review of the school library provision in the Island. It was noted that Connétable Simon Crowcroft was due to take a lead on this review and form a Sub-Panel.

The  Officer  advised  that  he  would  draft  an  email  to  all  States  Members  for Connétable Crowcroft to send out seeking Membership of the Sub-Panel.

Subject to ratification of the Sub-Panel's membership, the scoping document and Terms of Reference would be circulated to the Chairmen's Committee for final approval.

AH

AH

5. Care of Children in Jersey Review Panel

The Chairman explained that the Review Panel had recently recruited two new Members ( Deputy Mary Le Hegarat and Senator Kristina Moore ) and was due to meet on Monday 24th September. It was noted that the Review Panel was due to consider  how  it  would  report  on  the  progress  made  in  implementing  the recommendations from the Care Inquiry.

 

6. Legal Aid Review Panel

The Chairman explained that the Review Panel was in the process of collecting evidence from key stakeholders and that suggested amendments to the draft law had been put forward to the Chief Minister for consideration. It was expected that the draft law would be lodged soon, after which the Review Panel would begin a public consultation on the proposed scheme that could be adopted should the draft law be approved by the States Assembly.

 

7. Quarterly Hearing with the Minister for Education

The Panel noted that it was due to hold its first quarterly public hearing with the Minister for Education on Friday 19th October at 10:00am. The Panel discussed and agreed potential question areas for the hearing. The Officer advised that a draft question plan would be circulated for further discussion at the next Panel meeting on Monday 1st October.

AH

8. Quarterly Hearing with the Minister for Home Affairs

The Panel noted that it was due to hold its first quarterly public hearing with the Minister for Home Affairs on Friday 26th October at 10:00am. The Panel discussed and agreed potential question areas for the hearing. The Officer advised that a draft question plan would be circulated for further discussion at the next Panel meeting on Monday 1st October.

AH

9. Draft Cybercrime (Jersey) Law 201-

The Panel noted that the Minister for Home Affairs had circulated a copy of the Draft Cybercrime (Jersey) Law 201- to it in advance of it being lodged for debate. The Panel agreed that it would look to arrange a briefing on the draft law on Thursday 27th September at 10:30am, after which it would consider if any further work was required. The Officer advised that the SharePoint link to the draft law would be shared with the Panel.

AH

10. Scrutiny Training

The Panel noted that questioning training with the Attorney General had been arranged for the afternoon of Friday 19th October.

 

11. Resignation of Member

The Panel noted that Deputy Jess Perchard had written to the Chairman notifying him of her resignation from the Panel. It was noted that the Deputy was due to decide on the date and manner in which her resignation would be reported to the Assembly.

 

Deputy Perchard would remain a member of the Panel until such time as the Assembly had been notified.

 

12. Future Meetings

The Panel noted that its next scheduled meeting was due to take place at 1:00pm on Monday 1st October in the Le Capelain Room, States Building.

 

Education and Home Affairs Scrutiny Panel

Record of Meeting

Date:  27th September 2018

 

Present

Deputy Rob Ward , Chairman

Deputy Rowland Huelin, Vice-Chairman Deputy Trevor Pointon

Apologies

Connétable Simon Crowcroft Deputy Jess Perchard

Absent

 

In attendance

Mr Julian Blazeby, Director General, Justice and Home Affairs Mr Nathan Fox, Assistant Director, Criminal Justice  

Mr Andy Harris , Scrutiny Officer

 

Agenda matter

Action

1. Draft Cybercrime (Jersey) Law 201-

The Panel received Mr Julian Blazeby, Director General for Justice and Home Affairs and Mr Nathan Fox, Assistant Director for Criminal Justice for a briefing in relation to the Draft Cybercrime (Jersey) Law 201- (the draft law).

The Director General explained that the draft law was intended to bring forward amendments  to  current  laws  that  would  bring  Jersey  in  line  with  international standards for the policing and prevention of cybercrime. It was noted that this was with the intention of having the Council of Europe Convention on Cybercrime (the Budapest  Convention)  extended  to  the  Island.  The  draft  law  was  designed  to enhance the policing of cybercrime, update and change the definition of hacking and enhance international sharing of information in relation to cybercrime.

The Assistant Director elaborated on the changes and explained that the draft law would provide updates to existing legislation, including:

  • Computer Misuse (Jersey) Law 1995 the draft law would amend the definition of hacking and make it an offence if its intention was to cause harm. Furthermore, it was noted that an act of reckless hacking would also be punishable as an offence. It was noted that another offence was created if someone was making or supplying devices (or software) that enabled or assisted any form of hacking.
  • Criminal Justice (International Co-operation) (Jersey) Law 2001 – the draft law  would  allow  for  a  preservation  order  to  be  granted  when  another jurisdiction  was  investigating  a  crime  collaboratively  with  Jersey.  The purpose of the preservation order was to prevent a suspect from deleting any form of information from a hard drive (whether physical of cloud based). It was explained that, under the draft law, it would become an offence to delete any material once this order had been served. It would also make it an  offence  to  not  provide  access  to  a  device  that  was  suspected  of containing material pertinent to an investigation.

 

  • Police Procedures and Criminal Evidence (Jersey) Law 2003 (PPCE) – the draft law would amend Article 16 of the PPCE in order to allow investigating officers  to obtain  access  to  material  stored  on  a  remote  "cloud  based" storage programme, as the current drafting of the law did not explicitly allow this. The Panel questioned whether the changes put forward in the draft law would  impinge  on  the rights  of  journalists,  lawyers  and  other  protected groups, and whether it would offer them suitable protection. It was explained that  the  draft  law  was  not  intended  to  affect  the  use  and  storage  of journalistic material, however, the Director General agreed to seek legal advice from the Attorney General and revert to the Panel.
  • Regulation of Investigatory Powers (Jersey) Law 2005 – the draft law would allow  an  investigatory  authority  (e.g.  States  of  Jersey  Police)  to,  under warrant, compel a suspect to provide information necessary to access a device. This would include both passwords and biometric date (fingerprints etc.). This would only be considered if the issue was a matter of national security, detrimental to the economic safety of Jersey or for the purposes of the prevention and detection of crime. It was noted that this would need to be both proportionate, a last resort and subject to human rights test. The Assistant Director explained that arguments had been put forward as to why this change would be controversial, however, the alternative options were deemed far less likely to be publically and politically acceptable.

The Panel noted that the main intention of the draft law was to extend similar legislation  in  other  jurisdictions  to  Jersey  in  order  to  meet  international requirements.  The  Panel  questioned  whether  the  draft  law  contained  anything which was specific to the Island. The Officers explained that advice would be sought from the legislative drafters and confirmed with the Panel.

The Officers confirmed that the draft law would be lodged in due course. The Panel agreed that it would publish comments in advance of the debate on the draft law and agreed that it would discuss any further actions at its next meeting on Monday 1st October.

AH

AH AH

Education and Home Affairs Scrutiny Panel

Record of Meeting

Date:  1st October 2018

 

Present

Deputy Rob Ward , Chairman

Deputy Rowland Huelin, Vice-Chairman Deputy Trevor Pointon

Apologies

Deputy Jess Perchard Connétable Simon Crowcroft

Absent

 

In attendance

Mr Brian Health, Chief Probation Officer [item 2] Miss Kellie Boydens , Scrutiny Officer

 

Agenda matter

Action

1. Records of Meetings

The Panel noted and approved the records of the meetings held on 20th September 2018.

 

2. Briefing: Probation and Aftercare Service

The Panel met the Chief Probation Officer for a briefing in relation to the work of the service. The Panel noted that the primary purpose of the service was to provide parishes, courts and the HM Prison with an information service and to supervise offenders in order to reduce re-offending. It was explained that the service was governed by the Royal Court and was not part of the States of Jersey.

The  Chief  Probation  Officer  explained  that  the  service  assisted  in  Parish   Hall enquiries, mostly in child cases but also with adults if requested. The service also provided  written  and  verbal  reports,  background  information,  assessments  and recommendations about sentencing to the court. In terms of the work with the HM Prison, the service provided sentence planning and pre-release reports regarding prisoners.

As part of pre-sentence assessments, the Chief Probation Officer explained that the service also organised psychometric testing to assist probation officers. These included specific testing in domestic violence cases and sex offences.

In terms of community service, the Panel was advised that this was the only alternative  to  custody.  Community  service  was  a  pro-social  punishment  which provided unpaid work to charities and non-profit organisations. The Chief Probation Officer advised that community service was most effective with those at lower likelihood of reconviction but who had committed a serious offence.

In relation to restorative justice, the Chief Probation Officer advised that all offenders on probation worked with a restorative justice officer (in cases where there was a direct victim). In 2017 there were 54 restorative justice cases which included 7 group conferences, 14 face-to-face meetings and apology, 10 letters of apology and 2 cases of direct reparation work for victims.

The Panel thanked the Chief Probation Officer for his time and he withdrew from the meeting.

 

3. Post-16 Education Review

The Panel received an update in relation to the progress of its review. It was noted that Statistics Jersey had been contacted to arrange a meeting to discuss how the Panel could use a survey to gather the views of students about post-16 education. It was noted that a meeting would be confirmed in due course.

The Panel also noted that a visit had been organised for the Chairman and Scrutiny Officer to attend the Association of Colleges Conference on 20th and 21st November. The Officer had also contacted South and City College Birmingham regarding a visit on 19th November. It was noted that this would be confirmed in due course.

In relation to its site visits to Hautlieu School, Highlands College and D'Auvergne School in November, the Panel agreed that this may offer an opportunity to speak to students about its review.

AH

AH AH

4. School Libraries Review

The Panel agreed that this item would be deferred until the next meeting when Connétable Crowcroft was in attendance.

 

5. Care of Children in Jersey Review Panel

The Chairman gave an update on the work of the Review Panel. It was noted that progress was being made with the review.

 

6. Legal Aid Review Panel

The Chairman gave an update on the work of the Review Panel. It was noted that progress was being made with the review.

 

7. Quarterly Hearing with the Minister for Education

The Panel received a draft question plan in preparation for a quarterly hearing with the  Minister  for  Education  on  19th  October.  The  Panel  discussed  and  agreed additional question areas for the hearing.

 

8. Quarterly Hearing with the Minister for Home Affairs

The Panel received a draft question plan in preparation for a quarterly hearing with the Minister for Home Affairs on 26th October. The Panel agreed that the question plan would be discussed further at its next meeting.

 

9. Draft Cybercrime (Jersey) Law 201-

The Panel recalled that it had received a briefing on the Draft Cybercrime (Jersey) Law 201- on 27th September and agreed that it would publish Comments before the debate. The Panel agreed that it would wait until the Law had been lodged before undertaking  any  further  work.  The  Panel  also  noted  that  a  response  to  some questions it had posed to the Department would be received in due course.

 

10. Sexual Offences Law

The Panel noted that three pieces of legislation had been lodged for debate on 6th November:

  • P.106/2018 - Draft Sexual Offences (Consequential Amendments) (Jersey) Regulations 201-
  • P.107/2018 - Draft Marriage and Civil Status (Sexual Offences Amendment) (Jersey) Regulations 201-
  • P.108/2018 - Draft Sexual Offences (Jersey) Law 2018 (Appointed Day) Act 201-

AH

The Panel agreed that questions regarding the legislation would be included in the question plan for the quarterly hearing with the Minister for Home Affairs.

 

11. Briefings on Immigration

The Panel noted that it was due to receive a briefing on three areas on immigration on 12th October:

  • The Immigration (Biometric Information) (Jersey) Order 201
  • Changes to the Immigration Rules - Jersey EU Settlement Scheme
  • Immigration  Fees  -  Applications  made  under  the  Jersey  EU  Settlement Scheme

 

12. Future Meetings

The Panel noted that its next scheduled meeting was due to take place at 1:00pm on Monday 15th October in the Le Capelain Room, States Building.

 

Present

Deputy Rob Ward , Chairman

Deputy Rowland Huelin, Vice-Chairman

Deputy Trevor Pointon

Deputy Kirsten Morel [Items 1 only] as Chairman of the Brexit Review Panel]

Apologies

Deputy Jess Perchard Connétable Simon Crowcroft

Absent

 

In attendance

Mr Mark Cockerham, Acting Head of Service, Customs and Immigration [item 1 only]

Mr Steven Pallot, Senior Legal Adviser [Item 1 only]

Mr David Le Marquand, Policy Officer, Justice and Home Affairs [item 1 only]

Mr Duncan Gibaut, Chief Statistician [Item 2 only]

Mr Andy Harris , Scrutiny Officer

 

Agenda matter

Action

1.  Briefing  from  Justice  and  Home  Affairs:  Brexit  legislation  and  various Ministerial Decisions

The Panel received Mr Mark Cockerham, Acting Head of Service, Customs and Immigration, Mr Steven Pallot, Senior Legal Adviser and Mr David Le Marquand, Policy Officer, Justice and Home Affairs for a briefing in relation to the following legislation and Ministerial Decisions:

This record of this meeting is classified as exempt in accordance with the Freedom of Information (Jersey) Law 2011 (as amended) under Qualified Exemption Article 42E.

 

2. Meeting with the Chief Statistician

The Panel received Mr Duncan Gibaut, Chief Statistician to discuss how it could go about creating a survey to help gather views from students for its review of post-16 education.

The Chief Statistician advised that there were a few options for the Panel, however, it would first need to clarify the intended outcomes of the survey and any potential questions it would like to answer. It was suggested that the Education Department and schools should be approached to confirm the rationale and purpose of the survey, after which it could be developed and rolled out.

The Panel agreed, further to the Chief Statistician's recommendation, that it would seek to gather views from students in Years 9, 10 and 12 in secondary schools as well as Highlands College. This would be in order to identify the aspirations and views of  students  prior  to  entering  post-16  education  and  those  who  had  made  the transition. The Chief Statistician advised that he would contact an external consultant who may be able to assist the Panel with its survey, subject to his availability and the Panel's budget. He explained that he would pass on the Officer's details for contact to be made.

DG

 

The Chief Statistician also advised that the Panel might wish to put questions within the schools survey which was run every two years. This would enable the Panel to monitor any potential recommendations that it may make from its review. It was noted that the most recent survey had been published, with the next one due to take place in 2019. The Panel agreed that it would look to include questions in the next iteration of the survey.

The Panel thanked the Chief Statistician for attending and agreed that it would discuss the intended outcomes and potential questions at its next meeting. It also agreed that it would arrange further meetings with the Statistics Department to develop the survey.

AH AH

3. Quarterly Hearing with the Minister for Education

The Panel noted that some Members were now unable to attend the scheduled quarterly public hearing with the Minister for Education scheduled for Friday 19th October at 10:00am. The Panel agreed that it would postpone the hearing and requested the Officer to inform the department and arrange a new date.

AH

Present

Deputy Rob Ward , Chairman

Deputy Rowland Huelin, Vice-Chairman Deputy Trevor Pointon

Connétable Simon Crowcroft

Apologies

Deputy Jess Perchard

Absent

 

In attendance

Mrs Tammy Fage, Director of Health and Safety [Item 2 only] Mr Andy Harris , Scrutiny Officer

 

Agenda matter

Action

1. Records of Meetings

The Panel noted and approved records of the meetings held on 27th September and 1st October 2018.

 

2. Briefing – Health and Safety Inspectorate

The Panel received Mrs Tammy Fage, Director of Health and Safety, for a briefing in relation to the work of the Health and Safety Inspectorate (the Inspectorate).

The Director provided the Panel with an overview of the work undertaken by the Inspectorate. It was explained that the main role and vision of the Inspectorate was:

  • To act as a regulatory authority for work-related health and safety in both the public and private sector
  • To prevent death, injury and ill health to those at work and those directly affected by work activities.

This was achieved by undertaking the following actions:

  • Developing strategy and policy on occupational health and safety
  • Enforce the Law (practice and reactive activities)

The Inspectorate undertook proactive activities such as carrying out inspections (whether planned or unannounced) of high risk workplaces and targeting initiatives in relation to high risk activities and sectors. Reactive work involved carrying out investigations into accidents or ill health caused in the workplace. This involved issuing  verbal  or  written  advice,  serving  legal  enforcement  notices  and recommending  prosecutions  where  necessary.  It  was  also  noted  that  the Inspectorate also responded to complaints about working conditions.

It was noted that political oversight of occupational health and safety rested with the Minister for Social Security, however under the One Government proposals, the operational delivery of the inspectorate was part of the Justice and Home Affairs Department. The Inspectorate also held a direct route to the Attorney General and reported to him on a quarterly basis in regards to any ongoing investigations and concerns.

 

 

It was noted that the Inspectorate had the power to bring forward regulations that governed high risk industries or activities (i.e. working with asbestos, construction), issue approved codes of practice (practical guidance with legal status) and produce general guidance on authoritative standards (i.e. best practice).

It was noted that statistics for the work of the Inspectorate in 2017 were as follows:

  • 71  investigations  into  serious  workplace  accidents,  including  one  fatal accident
  • 3 Royal Court prosecutions
  • 170 complaints about working activities had been followed up
  • 33 legal enforcement notices had been served
  • 75 pro-active inspections of high risk workplaces

It was noted that the statistics in relation to 2018 to date for the Inspectorate were as follows:

  • 74 investigations into serious workplace accidents (including consideration of 5 sudden deaths at request of the Viscount's Department)
  • 4 Royal Court prosecutions. Four cases were currently in the Court process and 5 reports for the Attorney General to consider were nearing completion
  • 164 complaints about working activities had been followed up
  • 32 legal enforcement notices had been served

The Panel thanked the Director for attending and she withdrew from the meeting.

 

3. Post-16 education Review

The Panel received an update on the progress of the review. It was noted that the following deadlines existed for elements of the review:

  • Friday 19th October – deadline for submissions from schools in respect of the provision that was currently being offered and information provided to those looking to study post-16 courses. So far only one submission had been received, although it was expected that more would be received closer to the date.
  • Friday 2nd November – deadline for submissions from the general public and key stakeholders. It was noted that the Panel had received four submissions so far.
  • January 2019 undertaking a survey of student's views of the current provision. The Panel recalled it had held an initial discussion with the Chief Statistician with regards to the content of the survey. The Panel agreed to draft key lines of questioning for the survey and discuss it further with the Chief Statistician.

The Panel noted that the Chairman and the Officer were confirmed to attend the Association of Colleges conference during November 2018.

The Panel requested that all submissions received so far be circulated.

AH

AH

4. Cybercrime legislation

The Panel noted that the Minister for Home Affairs was due to sign a Ministerial Decision to lodge the legislation imminently. The Panel recalled it had been briefed on the draft law and was generally supportive of its introduction. The Panel agreed that it would write to key stakeholders affected by the draft law upon its lodging in order to canvas any views and produce comments prior to the debate.

AH

5. Draft Motor Vehicles (Removal from Private Land) (Jersey) Law 201-

The Panel noted that the Draft Motor Vehicles (Removal from Private Land) (Jersey) Law 201- had been lodged by the Minister for Home Affairs for debate on 20th November 2018. The Panel recalled that it had received a briefing on the draft law and agreed it would publish comments in support.

AH

6. School Library Closures

The Panel received an update from Connétable Simon Crowcroft in relation to the progress of the Sub-Panel's review.

It was noted that an email had been sent to States Members in order to establish the Sub-Panel's membership, however there had not been any take-up. The Connétable explained that he would be approaching Members individually in order to establish membership of the Sub-Panel.

SC

7. Care of Children in Jersey Review Panel

The Panel received an update from the Chairman in respect of the work being undertaken by the Care of Children in Jersey Review Panel. It was noted that the Review Panel had received a briefing from the Minister for Children and was currently undertaking a review of the progress made in implementing the response to the Care Inquiry. It was expected that the Review Panel would report in December 2018.

 

8. Legal Aid Review Panel

The Panel received an update from the Chairman in respect of the work being undertaken by the Legal Aid Review Panel. It was noted that the Review Panel was due to meet with the Chief Minister in order to discuss the proposition, after which further work would be undertaken.

 

9. Quarterly Hearing with the Minister for Education

The Panel noted that the hearing scheduled for Friday 19th October had been cancelled due to Members' availability. The Officer explained that an alternative date would be confirmed in due course.

The Panel reviewed the question plan and agreed further questions for inclusion. The Officer advised that an updated version would be circulated in due course.

AH AH

10. Quarterly Hearing with the Minister for Home Affairs

The Panel noted that a quarterly hearing with the Minister for Home Affairs was due to take place on Friday 26th October.

The Panel reviewed the question plan and agreed further questions for inclusion. The Officer advised that an updated version would be circulated in due course, and question areas would be sent to the Department for Justice and Home Affairs prior to the hearing.

AH

11. Draft Education (Provided Schools – Amendment of Law No.2) (Jersey) Regulations 201-

The Panel noted that the Draft Education (Provided Schools – Amendment of Law No.2) (Jersey) Regulations 201- had been lodged by the Minister for Education for debate on 20th November 2018.

The  Panel  discussed  the  proposition  and  agreed  that  no  further  actions  were required.

 

12. EU Settled Status Scheme

 

The Panel recalled that it had received a briefing on proposed changes to the immigration rules, with specific focus on the proposed EU settled status scheme that would need to be undertaken in the Island post-Brexit. It was noted that the scheme was necessary to confirm the status of EU nationals residing in Jersey once the United Kingdom had withdrawn.

The Panel noted that the changes would be brought forward by the Minister for Home Affairs via Ministerial Decision. The Panel agreed that prior to this being undertaken it would raise concerns that it held in respect of the fees being charged in order to process the scheme. The Chairman advised that he would contact the Minister for Home Affairs directly and set out the Panel's concerns.

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13. Future Meetings

The Panel noted that its next scheduled meeting was due to take place at 1:00pm on Monday 29th October in the Le Capelain Room, States Building.

 

Present

Deputy Rob Ward , Chairman

Deputy Rowland Huelin, Vice-Chairman Deputy Trevor Pointon

Connétable Simon Crowcroft

Apologies

 

Absent

 

In attendance

Connétable Len Norman, Minister for Home Affairs Deputy Gregory Guida, Assistant Minister for Home Affairs Julian Blazeby, Director General, Justice and Home Affairs Luke Goddard, Director, Customs and Immigration

Nathan Fox, Assistant Director, Criminal Justice

Andy Harris , Scrutiny Officer

 

Agenda matter

Action

1. Quarterly Public Hearing with the Minister for Home Affairs

The Panel received Connétable Len Norman, Minister for Home Affairs, Deputy Gregory Guida, Assistant Minister for Home Affairs, Julian Blazeby, Director General, Justice and Home Affairs, Luke Goddard, Director, Customs and Immigration and Nathan Fox, Assistant Director, Criminal Justice for a quarterly public hearing. The proceedings were recorded so that a transcript could be made.

 

Present

Deputy Rob Ward , Chairman

Deputy Rowland Huelin, Vice-Chairman Deputy Trevor Pointon

Apologies

Connétable Simon Crowcroft

Absent

 

In attendance

Nick Hubbard, Chief Analyst, Official Analyst's Department [item 2 only] Andy Harris , Scrutiny Officer

 

Agenda matter

Action

1. Records of Meetings

The Panel noted and approved the records of the meetings held on 12th and 15th October 2018.

 

2. Briefing – Chief Analyst

The Panel received Mr. Nick Hubbard, Chief Analyst from the Official Analyst's Department for a briefing on the work undertaken by the service.

Mr Hubbard explained that the department provided specialist chemical analysis services to various States of Jersey departments and directly to members of the public.  It  was  noted  that  the  department  used  a  range  of  specialist  technical equipment and a small team of analytical chemists examined more than 4000 samples each year.

It was noted that the Official Analyst was a statutory appointment made by the States Assembly under the Food Safety (Jersey) Law 1966, which also set the qualification requirements for the post. It was noted that the post was also referenced in other legislation such as road traffic, medicines, fertilisers and water laws. It was explained that the first analyst office had been established in 1884, and it had moved to its current premises at Pier Road in the 1950's.

The Chief Analyst explained that the department's work mainly centred on the following areas:

  • Forensic drug analysis – this involved the identification and quantification of controlled drugs seized by enforcement officers (Police, Customs etc.). A report would then be produced which would be supplied as evidence in the Courts. It was noted that 35% of the department's resource focussed on this area. 237 samples had been analysed in 2017.
  • Forensic  toxicology  Analysis   this  involved  the  identification  and quantification of substances in samples taken by enforcement officers so that evidence could be presented to the Courts. Examples included drink and drug driving offences and post mortem samples if requested by the Viscount's Department.
  • Health toxicology analysis – this involved the identification and quantification of substances in samples taken by health professionals. Examples of this

 

 

included Drug and Alcohol Service patients and identifying overdoses in hospital patients.

  • Regulatory  Environmental  and  Waste  analysis   this  involved  the identification and quantification of substances in samples taken specifically by environmental officers. Examples included pollution incidents, bathing water quality, trade effluents and solid waste for disposal.
  • Sewage and sludge analysis – this involved the department undertaking daily testing  of  controlled  samples  from  the  Sewage  Treatment  Works  at Bellozanne. 1170 samples were analysed in 2017.
  • Drinking water analysis – this involved identification and quantification of substances in water samples taken by members of the public to determine whether they were safe to drink. It was noted that this was likely to be from properties with their own bore-hole and was a service that the department charged to undertake.

It was noted that the department had analysed 4113 samples in 2017. Other than the drugs cases and sewage samples, the breakdown of the cases analysed was as follows:

  • Post mortem toxicology – 49
  • Other forensic cases – 81
  • Urine drug screens – 147
  • Water samples – 503

The Chief Analyst explained that under the new One Gov operating model, the Official Analyst sat under the remit of the Justice and Home Affairs Department. However, due to the nature of the department's work, it was noted that it would need to maintain independence, and therefore further discussion was required as to how it would retain this in the new structure.

 

3. Post-16 education

The Panel noted that a draft questionnaire had been provided as a starting point for the Panel's survey of students either studying post-16 courses, or looking to decide on post-16 courses. The Officer advised that a local company had been contacted to assist the Panel in its review and had provided an estimate of the cost of undertaking an online survey, to be administered in the same manner as the schools survey (which the company had assisted with). The Panel agreed to proceed with the company and requested the Officer to pass the necessary contracts.

It was explained that the timeline scheduled the survey to be rolled out to schools in January.  Discussion  with  the  Education  Department  and  local  schools  would therefore need to be undertaken shortly in order to determine the preferred method of distribution.

The Panel noted that it had received several submissions from local schools detailing the provision available post-16. The Panel requested hard copies of the submissions received to date. It was noted that the deadline for submissions from local businesses and members of the public was Friday 2nd November. The Officer advised that this would be advertised further on social media.

The  Panel  noted  that  it  was  due  to  attend  Highlands  College  on  Friday  30th November in order to meet with group of students studying post-16 qualifications. It

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agreed that in order to prepare for the meeting it would send across areas for discussion to the College in advance. The Panel agreed to discuss areas for inclusion at its next meeting.

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4. Draft Cybercrime (Jersey) Law 201-

The Panel noted that P.134/2018 Draft Cybercrime (Jersey) Law 201- had been lodged by the Minister for Home Affairs for debate on Tuesday 15th January 2019.

The Panel noted and approved letters to be sent to various stakeholders in relation to the draft law and agreed additional stakeholders to write to. The Officer advised that these would be sent out the following day. Social media posts advertising the Panel's review would also be issued in due course.

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5. Draft Motor Vehicles (Removal from Private Land) (Jersey) Law 201-

The Panel recalled that it had agreed to publish comments in respect of the draft law which set out areas for consideration as the supporting regulations were developed. The Officer advised that these would be drafted and circulated for Panel approval.

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6. School library closures

The Panel agreed that it would discuss this item at its next scheduled meeting

 

7. EU Settlement Scheme

The Panel noted that it had received a response from the Minister for Home Affairs to its letter in relation to the cost of the proposed scheme for EU nationals, and had also questioned the Minister at its quarterly public hearing about the scheme.

The Panel agreed that it would conduct a review of the charges for the scheme. The Officer advised that a scoping document and Terms of Reference would be drafted for Panel approval.

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8. Care of Children in Jersey Review Panel

The Chairman provided an update on the work of the Care of Children Review Panel. It was noted that the Review Panel was due to question the Minister for Children and Housing at a public hearing on Friday 2nd November.

 

9. Legal Aid Review Panel

The Panel agreed it would discuss this item at its next meeting.

 

10. Quarterly Hearing with the Minister for Home Affairs

The Panel recalled that it had held its first quarterly public hearing with the Minister for Home Affairs on Friday 26th October. The Panel agreed that the hearing had been positive and successful. The Panel noted that there had been considerable media coverage of the subjects discussed in the hearing, especially in relation to the EU settlement scheme. It was agreed that the Panel would continue to follow up issues raised at future hearings.

 

11. Quarterly Hearing with the Minister for Education

The Panel agreed it would discuss this item at its next meeting.

 

12. Probation Service

The Panel noted that, following its public hearing with the Minister for Home Affairs, an email had been received from the Chief Probation Officer clarifying points that had been raised during the hearing. The Panel noted that the email had also been sent to the Minister and agreed it would draft a letter to the Minister seeking further clarification of the points raised. The Panel also agreed to arrange a meeting with the Chief Probation Officer to discuss the matter further.

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13. Future Meetings

The Panel noted that its next scheduled meeting was due to take place at 1:00pm on Monday 12th November in the Le Capelain Room, States Building.

 

Education and Home Affairs Scrutiny Panel

Record of Meeting

Date:  12th November 2018

 

Present

Deputy Rob Ward , Chairman

Deputy Rowland Huelin, Vice-Chairman Deputy Trevor Pointon

Connétable Simon Crowcroft

Apologies

 

Absent

 

In attendance

Brian Heath, Chief Probation Officer [item 2 only] Andy Harris , Scrutiny Officer

 

Agenda matter

Action

1. Records of Meetings

The Panel noted and approved the records of the meetings held on 26th and 29th October 2018.

 

2. Meeting – Chief Probation Officer

Further  to  the  Panel's  correspondence  with  the  Chief  Probation  Officer  and subsequently the Minister for Home Affairs, the Panel received Mr. Brian Heath, Chief Probation Officer, to discuss concerns he had raised following the quarterly public hearing with the Minister for Home Affairs on Friday 26th October.

The Chief Probation Officer explained that some of the information shared by the Minister and his Officers about the working practices of the Probation and After-Care service was inaccurate and could be misinterpreted. It was noted that (contrary to information shared at the hearing), all prisoners were allocated Probation officers to work with them throughout their sentence, and those released under CERL (the Early Release System) were supervised by Probation officers. It was also noted that the service did carry on offering programmes and training to offenders once they had been imprisoned wherever practicable. This was in order to clarify a statement made during the hearing, where it was intimated that any programmes ceased upon a prisoner's incarceration.

It was noted that working with prisoners was a small part of the overall work of the Probation and After-Care service.

It was explained that the service operated as part of the Court system, with the majority of its staff employed as delégues of the Court and not as Civil Servants. It was noted that under the One Government model, the Probation and After-Care Service was included under the remit of the Department for the Justice and Home Affairs. The Chief Probation Officer explained that a business case outlining the reasons for this change had yet to be articulated to the service. It was noted that a survey had been carried out by the Probation Board of the staff team of the service about this potential change and the results had been presented to staff. The Panel agreed to request a copy of the results. The Panel also agreed that it would seek the views of the Bailiff (in his role as Chief Justice) on this proposed change to the operation of the service.

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The Panel thanked the Chief Probation Officer for attending and he withdrew from the meeting.

The Panel noted that the Minister for Home Affairs had sent a response to the Panel's letter asking for clarification of the Chief Probation Officer's concerns. The Panel agreed that it would send a letter of thanks to the Minister for the response, and discuss it further at its next meeting. It was agreed that the Panel's letter and Minister's response would be published on the States Assembly website.

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3. Post-16 education

The  Panel  noted  that  the  Chairman  and  the  Officer  were  due  to  attend  the Association of Colleges Conference in Birmingham on 20th and 21st November. It was agreed that a report would be circulated to the Panel after the conference with details of the information gathered. It was also noted that a visit had been arranged to  South  and  City  College  Birmingham  in  order  to  understand  how  a  post-16 education provider operated in the United Kingdom. This was due to take place on Monday 19th November and a report of the visit would be circulated to the Panel once this had taken place.

The Panel recalled that it had agreed to proceed with a survey of young people in Years 10, 11, 12 and 13, and had instructed the Officer to make the necessary arrangements with a local company to undertake the survey on its behalf. It was noted that discussions were ongoing with the Children, Young People, Education and Skills Department and local schools in order to clarify the timescale, and way in which the survey would operate. It was noted that this would need finalising prior to the survey being developed. The Officer advised that this would be confirmed as soon as possible, after which further arrangements would be made.

The Panel noted that it was due to meet with students at Highlands College on Friday 30th November to discuss its review. The Panel considered and agreed areas for discussion at the meeting, and requested that the Officer circulate these to the College in advance.

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4. Draft Cybercrime (Jersey) Law 201-

The Panel noted that letters had been sent to key stakeholders requesting views on the draft law, and its review had been promoted on social media.

The Panel noted that a request had been made by representatives of the Jersey Banking Association to meet with them to discuss their views on the draft law. The Panel agreed that it would look to arrange this during its next scheduled meeting on Monday 26th November.

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5. Draft Motor Vehicles (Removal from Private Land) (Jersey) Law 201-

The Panel noted a draft comments paper to be presented to the States Assembly in advance of the debate on P.112/2018 Draft Motor Vehicles (Removal from Private Land) (Jersey) Law 201-. The Panel agreed that, subject to minor amendments, the comments could be presented to the Assembly.

The Chairman noted that he was out of the Island on States' business during the sitting that the draft law was scheduled to be debated at and, therefore, Deputy Huelin would highlight the Panel's comments during the debate.

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6. EU Settlement Scheme

The Panel noted a scoping document and Terms of Reference for the review and agreed it would discuss them further at its next scheduled meeting.  

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7. School library closures

 

The Panel agreed that as no Members had been found to form a Sub-Panel at this time, it would postpone the planned review until early in 2019 in order to focus on its current work load.

 

8. Care of Children in Jersey Review Panel

The Chairman provided an update on the work of the Care of Children Review Panel. It was noted that the Review Panel had held a public hearing with the Minister for Children and Housing on Friday 2nd November. It was noted that the Review Panel was due to present a report on the progress made in implementing the response to the Care Inquiry prior to Christmas.

 

9. Legal Aid Review Panel

The Chairman provided an update on the work of the Legal Aid Review Panel. It was noted that amendments had been proposed to the draft law, and these had been accepted by the Chief Minister. It was expected that the draft law would be re-lodged for debate in 2019.

 

10. Quarterly Hearing with the Minister for Education

The Panel noted that its quarterly public hearing with the Minister for Education was due to take place at 9:00am on Tuesday 27th November. The Panel noted a draft question plan and agreed additional questions for the hearing. The Officer advised that an updated draft would be circulated in due course.

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11. Meeting dates 2019

The Panel noted and approved a meeting schedule for 2019. The Officer advised that meeting requests would be sent out shortly.

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12. Future Meetings

The Panel noted that its next scheduled meeting was due to take place at 1:00pm on Monday 26th November in the Le Capelain Room, States Building.

 

Present

Deputy Rob Ward , Chairman

Deputy Rowland Huelin, Vice-Chairman Deputy Trevor Pointon [Item 2 only]

Apologies

Connétable Simon Crowcroft

Absent

 

In attendance

Andy Harris , Scrutiny Officer

 

Agenda matter

Action

1. Records of Meetings

The Panel noted and approved the record of the meeting held on Monday 12th November 2018.

 

2. Post-16 education

The Panel received an update on the progress of the review.

It was noted that six schools were able to accommodate the Panel's survey within lesson  time  during  January,  and  of  the  remaining  schools,  two  were  able  to accommodate this by sending it home for students to complete, whilst two had yet to respond. The Panel agreed that it would proceed with appointing Island ARK to assist it with the development of the survey and tasked the Officer to pass the necessary contracts. The Officer advised that discussion would continue with the schools that had yet to respond to agree a preferred method to roll out the survey.

The  Panel  recalled  that  it  was  due  to  visit  Highlands  College  on  Friday  30th November in order to meet students and gather their views on the review. The Officer explained that the arrangements for the sessions would be circulated to Panel Members in due course. The Panel agreed questions that it would use to promote discussion during the sessions.

The Panel received an update from the Chairman in relation to the visit to South and City College Birmingham and the Association of Colleges Conference that had been undertaken between the 19th and 21st November 2018. The Chairman advised that a report had been compiled of the visit and would be circulated to Panel Members after it had been sent for factual accuracy checking with the College. The Officer advised that this would be undertaken as a matter of priority.

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3. Draft Cybercrime (Jersey) Law 201-

The Panel noted that the submission deadline for its review of the Draft Cybercrime (Jersey) Law 201- was Friday 30th November 2018. The Panel noted that it had received  two  submissions  so  far,  and  these  would  be  circulated  for  further consideration.

The Panel agreed that it would discuss the submissions and any other points it wished to raise on the draft law at its next meeting on Monday 10th December 2018.

 

4. EU Settlement Scheme: Fees

 

 

The Panel noted a draft scooping document and Terms of Reference for its planned review of the fees being charged under the proposed EU Settlement scheme.

The Chairman had met with the Minister for External Relations and the Minister for Home Affairs in order to raise concerns over the proposed fees. It was noted that further information on the scheme had been sought for the Panel to consider. The Panel therefore agreed that it would postpone any review until such time as it had received this additional information.

 

5. Care of Children in Jersey Review Panel

The Chairman provided an update on the progress being made by the Care of Children in Jersey Review Panel. It was noted that the Review Panel was due to report on its quarterly update review prior to Christmas.

 

6. Legal Aid Review Panel

The Chairman provided an update on the progress being made by the Legal Aid Review Panel. It was noted that an amended version of the proposition was due to be lodged by the Chief Minister, after which the Review Panel would consider if any further work was required.

 

7. Quarterly Hearing with the Minister for Education

The Panel noted a draft question plan for the public hearing with the Minister for Education at 9:00am on Tuesday 27th November. The Panel discussed the plan and agreed additional questions to be included for the hearing. The Officer advised that an updated version would be circulated to the Panel prior to the hearing.

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8. Quarterly Hearing dates 2019

The Panel noted and approved a schedule for quarterly public hearings in 2019. The Officer advised that meeting requests would be sent out shortly.

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9. Site visits

The Panel noted that it was due to attend site visits at Jersey College for Girls, Victoria College and Victoria College Prep on Wednesday 28th November. The Panel  requested  that  this  be  rearranged  for  Wednesday  9th  January  due  to conflicting priorities that had recently arisen. The Panel agreed to send its apologies to the schools.

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10. Future Meetings

The Panel noted that its next scheduled meeting was due to take place at 1:00pm on Monday 10th December in the Le Capelain Room, States Building.

 

Present

Deputy Rob Ward , Chairman

Deputy Rowland Huelin, Vice-Chairman Deputy Trevor Pointon

Apologies

Connétable Simon Crowcroft

Absent

 

In attendance

Senator Tracey Vallois, Minister for Education

Deputy Jeremy Maçon, Assistant Minister for Education

Senator Sam Mézec , Assistant Minister for Education

Mark Rogers, Director General for Children, Young People, Education and Skills

Seán O'Regan, Group Director, Education

Andy Harris , Scrutiny Officer

 

Agenda matter

Action

1. Quarterly Public Hearing with the Minister for Education

The Panel received Senator Tracey Vallois, Minister for Education, Deputy Jeremy Maçon, Assistant Minister for Education, Senator Sam Mézec , Assistant Minister for Education, Mark Rogers, Director General for Children, Young People, Education and Skills and Seán O'Regan, Group Director, Education for a quarterly public hearing. The proceedings were recorded so that a transcript could be made.

 

Present

Deputy Rob Ward , Chairman

Deputy Rowland Huelin, Vice-Chairman Deputy Trevor Pointon

Apologies

Connétable Simon Crowcroft

Absent

 

In attendance

Andy Harris , Scrutiny Officer

 

Agenda matter

Action

1. Post-16 Education Review

The Panel visited Highlands College to meet with students in order to discuss their views on post-16 education in the Island. The Panel agreed to send a letter of thanks to the students via the College for their contributions.

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Present

Deputy Rob Ward , Chairman

Deputy Rowland Huelin, Vice-Chairman Deputy Trevor Pointon

Apologies

Connétable Simon Crowcroft

Absent

 

In attendance

Julian Blazeby, Director General, Justice and Home Affairs [item 2 only] Andy Harris , Scrutiny Officer

 

Agenda matter

Action

1. Records of Meetings

The Panel noted and approved records of the meetings held on 26th, 27th and 30th November 2018  

 

2. Briefing – Justice and Home Affairs Target Operating Model

The Panel received Julian Blazeby, Director General, Department for Justice and Home  Affairs  in  order  to  discuss  the  proposed  target  operating  model  for  the department.

The record of this meeting is classified as exempt in accordance with the Freedom

of Information (Jersey) Law 2011 (as amended) under Absolute Exemption Article 26.

 

3. Post-16 education Review

The Panel noted a proposal from Islands ARK for carrying out a survey in local schools as part of its review. It was noted that due to both administrative and practical difficulties, not all schools were able to undertake the survey during lesson time, and some had requested it in a format which could be sent home. Further to discussion with Islands ARK and the Department for Children, Young People, Education and Skills,  it  had  been  identified  that  this  would  create  substantial  administrative difficulties on both sides which would be difficult to mitigate. It was agreed that the survey would therefore be undertaken in the schools that could complete it during lesson time.

The Panel noted the timescale for the survey and associated costs of the proposal and agreed to proceed with it. The Officer advised that necessary contracts would be arranged in due course.

The Panel recalled that it had met with students at Highlands College on Friday 30th November to discuss their views on post-16 education. The Panel agreed that the sessions had been productive and it would look to arrange similar events in the future to canvas the views of young people.

The Panel agreed that it would consider the submissions it had received at its next scheduled meeting on Monday 7th January 2019, after which it would consider the next steps of the review.

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4. Draft Cybercrime (Jersey) Law 201-

 

 

The Panel noted the submissions it had received so far in respect of the draft Law. The Panel agreed that it would submit the questions raised in the submissions to the Department for Justice and Home Affairs for response by Friday 4th January. The Panel also agreed to request that the debate on the draft Law be deferred until the States sitting on Tuesday 29th January in order to provide additional time for it to undertake its work.

The Panel noted a submission from Sure, which had been supplied in confidence, and agreed that it would seek to arrange a meeting to discuss the concerns further. Furthermore, the Panel noted a submission from Jersey Telecom and agreed that it would also arrange a meeting to discuss the concerns raised.

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5. Care of Children in Jersey Review Panel

The Chairman provided an update on the work of the Care of Children in Jersey Review Panel. It was noted that the Review Panel was due to publish a report on the progress made responding to the Independent Jersey Care Inquiry imminently.

 

6. Legal Aid Review Panel

It was noted that the Draft Access to Justice (Jersey) Law 201- was due to be re- lodged with amendments, after which the Review Panel would undertake further scrutiny of the proposals.

 

7. Quarterly Public Hearing with the Minister for Education

The Panel recalled the quarterly public hearing with the Minister for Education that had taken place on Tuesday 27th November. The Panel agreed to follow up answers to questions as to whether funding for Higher Education courses at Highlands was ring fenced. The Panel also agreed that it would continue to question the Minister on the available head room funding for schools during future public hearings.

 

8. Fireworks

The Panel noted that a letter had been sent to all States Members by a member of the public outlining the issues that occurred as a result of public fireworks displays. The Panel agreed that it would draft a written question for the Minister for Home Affairs asking for his response to the letter and if any actions would be undertaken as a result. A letter acknowledging the concern and actions being undertaken by the Panel would be sent to the author of the initial letter.

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9. Amendment to the Immigration Rules: Student Employment

The Panel noted a draft Ministerial Decision that would amend the immigration rules in respect of students seeking employment whilst studying a higher education degree in Jersey. The Panel agreed to discuss this further at its next meeting on Monday 7th January 2019.

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10. Future Meetings

The Panel noted that its next scheduled meeting was due to take place at 1:00pm on Monday 7th January 2019 in the Le Capelain Room, States Building.