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Approved Committee Minutes - Scrutiny Liaison Committee - 2019

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Chairmen's Committee

Records of Meetings

Year: 2019

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

Senator Kristina Moore

President

Chairmen's Committee

Meeting held by electronic mail

Date:  7th January 2019

 

Present

Senator Kristina Moore (President) Deputy Kirsten Morel (Vice-President) Senator Sarah Ferguson

Connétable Mike Jackson

Deputy Mary Le Hegarat

Deputy Rob Ward

Apologies

 

Absent

 

In attendance

Tim Oldham (Assistant Greffier: Scrutiny)

 

Agenda matter

Action

1. Corporate Services Panel: Revenue Administration Law Review

The Committee approved Terms of Reference and a Scoping Document for the Revenue Administration Law Review.

 

Date:  31st January 2019

 

Present

Senator Kristina Moore (President) Senator Sarah Ferguson

Deputy Mary Le Hegarat

Deputy Rob Ward

Apologies

Deputy Kirsten Morel (Vice-President) Connétable Mike Jackson

Absent

 

In attendance

Tim Oldham (Assistant Greffier: Scrutiny)

 

Agenda matter

Action

1.  Minutes

The Committee approved the records of its meetings held on 14th December 2018 and 7th January 2019

 

2.  Panel, PAC & Review Panel Activity Reports

The Committee noted the activity reports for the Scrutiny Panels, PAC and the following Review Panels:

  • Brexit
  • Care of Children
  • Future Hospital
  • Gender Pay Gap
  • Legal Aid

 

3.  Legislative Scrutiny

Consideration was given to correspondence from the Chairman of PPC regarding the withdrawal of P.103/2018 Draft Amendment (No. 37) of the Standing Orders of

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the  States  of  Jersey.  The  Chairman  proposed  that  PPC  would  set  up  a  sub- committee, which would include a representative from the Council of Ministers and from the Chairmen's Committee, to re-consider how the framework for legislative scrutiny could be enhanced.

The Committee agreed to reply to the Chairman confirming its intention to participate with his proposed sub-committee, but to explain that capacity issues presented a current barrier to identifying a representative. The Committee would consider the matter further when all members were present, and update the Chairman in due course. In the meantime it would relay its concerns about the current proposals, notably  the  inclusion  of  backbench'  propositions,  insufficient  timeframes  and challenging staff resources.

4.  Panel Remits

It was noted that the Committee's Proposition P.4/2019 Draft Amendment (No. 39) of the Standing Orders of the States of Jersey was scheduled to be debated by the

 

States on 12th February.

5.  Scrutiny Budget and Staff Resources

 

 

An update on budget and staff resources was provided to the Committee by the President  and  Assistant  Greffier  (Scrutiny).  The  Committee  again  expressed significant concern about a number of staff resource challenges and the direct impact this was having on Panel/Committee work. It was agreed that the President would seek to meet the Greffier of the States in order to discuss the current situation, ahead of raising the matter with the Chief Minister, seeking his support where appropriate, with ongoing efforts to resolve the challenges.

Due to reduced staff capacity it was agreed that the Health and Social Security Panel would temporarily defer further Review work upon completion of its Mental Health Review at the end of February, until the beginning of April. With the exception of approval given to a Review Panel examining the One Government project, it was further agreed to defer consideration of a number of other pending Review Panel proposals until the staff resource challenges had been sufficiently addressed.

The Committee further agreed to request the Greffier of the States to attend its next meeting to discuss progress on budget and staff resources.

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6.  Department for Strategic Policy, Performance and Population (SPPP)

The Committee noted a presentation to the Corporate Services Scrutiny Panel regarding the proposed structure (Target Operating Model) of SPPP.

 

7.  Liaison Meeting: President/Vice President and Chief Minister

Matters to be raised by the President and Vice- President at the liaison meeting on 4th February with the Chief Minister were agreed as follows:

  • that Chief Exec should be asked to attend those meetings (or an appropriate deputy if necessary)
  • budget and recruitment challenges  
  • proposal for a better public record of the Government's implementation of States' decisions and commitments made by Ministers in the States

 

8.  Future Meeting

The Committee noted the date of its next scheduled meeting: 28th February 2019, 10am to 12pm (Le Capelain Room).

 

Meeting held by electronic mail

Date:  15th February 2019  

 

Present

Senator Kristina Moore (President) Deputy Kirsten Morel (Vice-President) Senator Sarah Ferguson

Connétable Mike Jackson

Deputy Mary Le Hegarat

Deputy Rob Ward

Apologies

 

Absent

 

In attendance

Tim Oldham (Assistant Greffier: Scrutiny)

 

Agenda matter

Action

1.  Corporate Services Panel: Public Finances Law Sub-Panel Review

The Committee approved Terms of Reference and a Scoping Document for the Public Finances Law Sub-Panel Review

 

Chairmen's Committee

Record of Meeting

Date:  28th February 2019  

 

Present

Senator Kristina Moore (President) Deputy Kirsten Morel (Vice-President) Senator Sarah Ferguson

Connétable Mike Jackson

Deputy Mary Le Hegarat

Deputy Rob Ward

Apologies

 

Absent

 

In attendance

Dr Mark Egan, Greffier of the States (Item 5 only)

Andrew Metcalfe, Director - Strategic Policy, Performance and Population (Item 6 only)

Anuschka Muller, Director of Corporate Planning and Performance (Item 6 only)

Andrew Hacquoil, Director - Employment & Social Security (Item 6 only)

Tim Oldham , Assistant Greffier: Scrutiny

 

Agenda matter

Action

1.  Minutes

The Committee approved the records of its meetings held on 31st January and 15th February 2019.  

 

2.  Panel, PAC & Review Panel Activity Reports

The Committee noted the activity reports for the Scrutiny Panels and PAC.

Specific  consideration  was  given  to  scrutiny  of  P.17/2019  Draft  Employment (Amendment No.11) (Jersey) Law 201- (family friendly legislation), including: the clear  remit  interest  of  two  Panels;  Member  and  staff  resources,  particularly challenges on both aspects in respect of the Health and Social Security Panel; minimising the timeline for the required work, and; the scope of the necessary work. It was unanimously agreed, subject to ratification by the Health and Social Security Panel, that the most appropriate approach was for the Economic and International Affairs Panel to undertake a focused Review. For speed and transparency this decision was to be communicated to the Minister for Social Security without undue delay.

The Committee further discussed a proposal from the Vice-President to enhance the Committee's approach to co-ordinating Scrutiny Reviews. It agreed to aim to compile a live, overarching worksheet of reviews and potential/forthcoming reviews, which would be considered at each meeting along with the individual activity reports. The Chairman of PAC proposed that its activity report might include an overview of the Comptroller and Auditor General's audit plan for additional context.

The Committee noted the activity reports for the following Review Panels:

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  • Brexit
  • Care of Children
  • Future Hospital
  • Gender Pay Gap
  • Legal Aid

Noting the resignation of the Chairman of the Future Hospital Review Panel following presentation of its latest report on 8th February, due to ongoing workload challenges, the Committee agreed that the Review Panel would continue its work but that membership and terms of reference should be appraised and revised as required. As part of this process it was agreed that the existing scoping document and terms of reference would be re-circulated for the Committee's consideration.

The  Chairman  of  the  Care  of  Children  in  Jersey  Review  Panel  updated  the Committee that the Review Panel was undertaking an examination of article 8 of the Draft Commissioner for Children and Young People (Jersey) Law 201- (Power of the Commissioner  to  request  information)  and  had  received  several  submissions highlighting concerns with the article. The Review Panel intended to call in the draft Law for further scrutiny under Standing Order 72 if the principles were adopted. It was anticipated that the Review Panel would consider bringing an amendment to the draft Law.

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3.  Privileges and Procedures Committee (PPC) Update

An update report on the work of PPC was noted.

 

4.  Legislative Scrutiny

Correspondence sent by the President, as agreed on behalf of the Committee, to the Chairman of PPC regarding membership of the Sub-Committee examining this matter was noted.

 

5.  Scrutiny Budget and Staff Resources

The Committee welcomed the Greffier of the States, who provided an update about Scrutiny  staff  and  budget  resources  in  response  to  the  Committee's  concerns regarding a number of ongoing challenges and their impact on Panel/Committee work.

The Committee welcomed the solutions identified by the States Greffe's Senior Leadership Team to address both the immediate issues that had arisen and the longer standing, structural problems. It was noted that the Committee would continue to be consulted on these matters, including the submission that was required to be made to PPC in respect of scrutiny funding in the new Government Plan.

The Committee thanked the Greffier for the information provided and for his time.

 

6.  Department for Strategic Policy, Performance and Population (SPPP)

The Committee received a presentation from officers of the Department for Strategic Policy, Performance and Population on the process and timelines for producing the Government Plan 2020-23. The Committee thanked the Officers for the information provided and for their time.

 

7.  Arms' Length Organisations

Consideration was given to identifying the most effective approach to possible scrutiny work relating to the States' relationship with Arms' Length Organisations (ALOs). It was understood that there was ongoing government work to review and revise Partnership Agreements and Memorandums of Understanding (MoUs). The Committee was mindful to ensure that Panels were suitably informed to identify any

 

appropriate scrutiny that should be undertaken, and to do so in a co-ordinated way to try to avoid unnecessary duplication to the benefit of all parties.

It agreed to request relevant background information to help inform its understanding and decision making. Specifically this would include a full list of all ALOs, highlighting those whose MoU or Partnership Agreement was currently under review/revision or known to shortly be subject to such a process.

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8.  Future Meeting

The Committee noted the date of its next scheduled meeting: 28th March 2019, 10am to 12pm (Le Capelain Room).

 

Meeting held by electronic mail

Date:  6th March 2019

 

Present

Senator Kristina Moore (President) Deputy Kirsten Morel (Vice-President) Senator Sarah Ferguson

Connétable Mike Jackson

Deputy Mary Le Hegarat

Deputy Rob Ward

Apologies

 

Absent

 

In attendance

Tim Oldham (Assistant Greffier: Scrutiny)

 

Agenda matter

Action

1.  Economic and International Affairs Panel: P.17/2019 Draft Employment (Amendment No.11) (Jersey) Law 201- (family friendly legislation)

The  Committee  approved  the  indicative  Terms  of  Reference  and  a  Scoping Document for the above Review.

 

Meeting held by electronic mail

Date:  8th March 2019

 

Present

Senator Kristina Moore (President) Deputy Kirsten Morel (Vice-President) Senator Sarah Ferguson

Connétable Mike Jackson

Deputy Mary Le Hegarat

Deputy Rob Ward

Apologies

 

Absent

 

In attendance

Tim Oldham (Assistant Greffier: Scrutiny)

 

Agenda matter

Action

1.  One Government Review Panel

The Committee approved Terms of Reference and a Scoping Document for the Review.

 

Date:  28th March 2019

 

Present

Senator Kristina Moore (President) Senator Sarah Ferguson

Deputy Mary Le Hegarat

Deputy Rob Ward

Connétable John Le Maistre

Apologies

Connétable Mike Jackson

Deputy Kirsten Morel (Vice-President)

Absent

 

In attendance

Tim Oldham , Assistant Greffier: Scrutiny

 

Agenda matter

Action

1.  Minutes

The Committee approved the records of its meetings held on 28th February, 6th and 8th March 2019.

 

2.  Panel, PAC & Review Panel Activity Reports

The Committee noted the activity reports for the Scrutiny Panels, PAC and the following Review Panels:

  • Brexit
  • Care of Children
  • Future Hospital
  • Gender Pay Gap
  • Legal Aid

The Committee considered the existing scoping document and terms of reference for the Future Hospital Review Panel. It agreed that in order to ensure the continued relevance and value of its work, the objectives of the Review Panel would be updated. Primary focus at this stage would be to focus on holding the Government to account for its current proposed action plan and associated timescales.

It was further agreed that the membership of the Panel would comprise all members of the Chairmen's Committee and Connétable John Le Maistre. The Panel would seek to hold its regular administrative meetings at 12pm following each meeting of the Chairmen's Committee.

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3.  Privileges and Procedures Committee (PPC) Update

An update report on the work of PPC was noted.

The Committee discussed the value, status and timings of in committee' debates in the States Assembly. It was agreed that the Committee's representative to PPC, Deputy Le Hegarat , would relay a proposal that such debates might most effectively be held on a set day, Thursday, of States' meeting weeks. This was intended to ensure greater certainty that appropriate time and attention would be provided to them.

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4.  Legislative Scrutiny

 

 

It was agreed that the Vice-President would serve as the Committee's representative on the Sub-Committee of PPC developing proposals on this matter.

 

5.  Government Plan: Scrutiny Budget 2020

The Committee discussed and agreed the proposed Scrutiny budget for 2020, for submission to PPC as part of the States Assembly's funding requirements in the forthcoming Government Plan. The Committee gave particular attention to the level of funding available to Panels to commission technical expertise and technical market/stakeholder research, which had decreased significantly over the course of several years.

Senator Ferguson counselled the Committee about the importance of this budget and the necessity to ensure that it was adequate for all reasonably anticipated circumstances, with a degree of contingency for those that could not be foreseen. Whilst the Committee was in unanimous agreement with that principle, and on all other budget lines, Senator Ferguson registered her concern that the final amount to be submitted in respect of technical assistance (£210,000 p/a) unduly risked being inadequate.

 

6.  Gender Language

The Committee considered proposals from the President to encourage the adoption of more appropriately gender conscious titles in respect of the Assembly's Scrutiny Panels. The Committee agreed to progress draft amendments to Standing Orders that would seek to change the name of the Chairmen's Committee to Scrutiny Liaison Committee, and the title of Chairman to Chair. Senator Ferguson dissented from the decision.  

 

7.  Arms' Length Organisations (ALOs)

The  Committee  recalled  a  request  that  it  had  made  for  relevant  background information from the Government to help inform its understanding and decision making in this area. Specifically this included a full list of all ALOs, highlighting those whose Memorandum of Understanding or Partnership Agreement was currently under  review/revision  or  known  to  shortly  be  subject  to  such  a  process.  The Committee was advised that a response was still awaited, and would be followed up.

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8.  Review Panels

It was noted that legislative drafting of an amendment to Standing Orders regarding the proceedings and status of Review Panels was ongoing.

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9.  Panel Membership Limits

The Committee discussed a proposal from the President to increase the limits on the number  of  States  Members  permitted  to  serve  on  Scrutiny  Panels  (five),  and associated rules such as the number of Panels a Member was allowed to serve on concurrently  (two).  It  was  agreed  that  the  proposal  would  be  given  further consideration when related proposed amendments to Review Panels had been drafted.

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10. Liaison Meeting: President/Vice President and Chief Minister

Matters to be raised with the Chief Minister at the forthcoming liaison meeting (1st April, 11am) were agreed. These would include:

  • Review Panel changes
  • Proposals to update gender nomenclature
  • Care of Children in Jersey Review Panel update
  • Impact of Policy Development Boards on Scrutiny

 

 

 The  proposed  Target  Operating  Model  for  the  Growth,  Housing  and Environment Department

As the President would be unable to attend the meeting, it was agreed that the Vice- President would be accompanied by Deputy Rob Ward . An invitation would also be extended to Connétable Mike Jackson , in particular to make a representation on the final item.

 

11. Future Meeting

The Committee noted the date of its next scheduled meeting: 2nd May 2019, 10am to 11.45am (Le Capelain Room).

 

Chairmen's Committee

Record of Meeting

Date:  8th May 2019

 

Present

Senator Kristina Moore (President) Senator Sarah Ferguson Connétable Mike Jackson

Deputy Mary Le Hegarat

Deputy Rob Ward

Apologies

Deputy Kirsten Morel (Vice-President)

Absent

 

In attendance

Tim Oldham , Assistant Greffier: Scrutiny

 

Agenda matter

Action

1.  Minutes

The Committee approved the records of its meeting held on 28th March 2019.

 

2.  Panel, PAC & Review Panel Activity Reports

The Committee noted the activity reports for the Scrutiny Panels, PAC and current Review Panels.

 

3.  Privileges and Procedures Committee (PPC) Update

An update report on the work of PPC was noted.

 

4.  Government Plan: Scrutiny Budget 2020

The  Committee  noted  correspondence  sent  to  PPC  relaying  the  Committee's proposed Scrutiny budget requirements from the forthcoming Government Plan.

 

5.  Gender Language

An  update  was  provided  on  the  progress  of  draft  Standing  Order  changes  to introduce more appropriately gender conscious language within the Assembly's Scrutiny function. The Committee agreed to broaden the scope of the proposed terminology amendments to include all States entities, and once drafted to refer the proposals to PPC.

 

6.  Review Panels

The Committee considered a draft amendment to Standing Orders regarding the proceedings  and  status  of  Review  Panels.  Satisfied  with  the  direction  of  the proposals it agreed to request drafting of a final version that could be approved for lodging. An accompanying report would also be drafted for Committee consideration.

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7.  Panel Membership Limits

The Committee further discussed a proposal from the President to increase the limits on the number of States Members permitted to serve on Scrutiny Panels, and associated rules such as the number of Panels a Member was allowed to serve on concurrently. It was agreed that the proposal should be progressed and legislative drafting of the necessary amendment to Standing Orders was requested.

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8.  Future Meeting

 

The Committee noted the date of its next scheduled meeting: 23rd May 2019, 10am to 11.45am (Le Capelain Room).