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Approved Panel Minutes - Brexit Review Panel - 2019

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Brexit Review Panel

Records of Private Meetings

Year: 2019

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

Chairman

Deputy Kirsten Morel

Date: 18th January 2019

 

Present

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

Constable Mike Jackson

Apologies

Senator Sarah Ferguson Senator Kristina Moore Deputy Mike Higgins

In attendance

Simon Spottiswoode, Scrutiny Officer

Item 4 only:

Senator Ian Gorst , Minister for External Relations

Connétable Richard Buchanan, Assistant Minister for External Relations Deputy Steve Luce

Kate Nutt, Group Director, External Relations

Luke Goddard, Assistant Director, Customs and Immigration

Neil Watt, Principal External Relations Officer

 

Agenda matter

Action

1.  Records of meetings

The records of the meetings held on 20th and 26th July, 6th September, 1st and 19th October, 30th November and 5th and 13th December 2018 were approved by the Panel.

 

2.  P.148/2018 Draft European Union (United Kingdom Exit – Miscellaneous Amendments) (Jersey) Regulations 201-

It  was  noted  that  P.148/2018  Draft  European  Union  (United  Kingdom  Exit  – Miscellaneous Amendments) (Jersey) Regulations 201- had been lodged by the Minister  for  External  Relations,  for  debate  on  12th  February  2019. The  Panel requested a briefing paper be prepared on each of the legal changes contained within the Regulations.

TS

3.  Brexit Contingency Plans

The Panel noted receipt of confidential copies of some of the Government's Brexit contingency plans.

It was agreed to request hearings with the Minister for Home Affairs and Minister for Health and Social Services as soon as possible.

It was agreed to write to the Minister for the Environment, Minister for Infrastructure and Minister for Economic Development, Tourism, Sport and Culture regarding their Brexit contingency plans.

SS SS

4.  Public Hearing with the Minister for External Relations

The Panel welcomed the Minister for External Relations, Assistant Minister, Deputy Luce and Government officials for a public hearing on Brexit. The hearing was recorded and transcribed.

 

Date: 1st February 2019

 

Present

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

Deputy Rob Ward

Apologies

Senator Kristina Moore Constable Mike Jackson Deputy Mike Higgins

In attendance

Simon Spottiswoode, Scrutiny Officer

Item 4 and 5 only:

Neil Watt, Principal External Relations Officer

Item 4 only:

Theo Knight-Jones, States Veterinary Officer

Ashley Pinel, States Veterinary Assistant

Charlotte Curtis , Law Officers Department

Item 5 only:

Kate Nutt, Group Director, External Relations

Luke Goddard, Assistant Director, Customs and Immigration

Robert Sainsbury Group Managing Director, Health and Community Services

Sara Garwood, Policy Principle Brexit, Justice and Home Affairs

Darren Scott , Director, Growth Housing and Environment Department Daniel Houseago, Director, Growth Housing and Environment Department

 

Agenda matter

Action

1.  Records of meetings

The record of the meeting held on 18th January 2019 was approved by the Panel.

 

2.  Draft European Union (Amendment – Withdrawal Agreement) (Jersey) Regulations (P.10/2019)

The Panel noted that P.10/2019 Draft European Union (Amendment – Withdrawal Agreement) (Jersey) Regulations had been lodged for debate. The Panel considered the draft regulations and agreed that no further action was necessary.

 

3.  Draft  European  Union  (Financial  Services   Miscellaneous Amendments) (Jersey) Regulations (P.11/2019)

The  Panel  noted  that  P.11/2019  Draft  European  Union  (Financial  Services  – Miscellaneous Amendments) (Jersey) Regulations had been lodged for debate. The Panel  considered  the  draft  regulations  and  agreed  that  no  further  action  was necessary.

 

4.  Draft  European  Union  (United  Kingdom  Exit   Animal  Health  and Welfare) (Jersey) Regulations (P.9/2019)

It was noted that P.9/2019 Draft European Union (United Kingdom Exit – Animal Health and Welfare) (Jersey) Regulations had been lodged for debate.

 

 

The Panel received the States Veterinary Officer and other officials for a briefing on the draft Regulations and other anticipated legislation required as a result of Brexit.

It was noted that Ministerial Orders were being prepared to make various changes to Jersey's animal health legislation which would be necessary if the UK left the European Union. It was explained to the Panel that the Orders contained technical changes to reflect the UK's relationship with the EU after Brexit and did not represent policy changes.

 

5.  Private briefing on Brexit Contingency Plans

The Panel received a private briefing from the Head of External Relations and Government officials on Brexit Contingency Planning. The record of the meeting was classified as exempt in accordance with the Freedom of Information (Jersey) Law (as amended) under Qualified Exemption Article 35.

 

Date: 4th February 2019

 

Present

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

Constable Mike Jackson

Deputy Mike Higgins

Deputy Rob Ward

Apologies

Senator Kristina Moore

In attendance

Deputy Richard Renouf – Minister for Health and Social Services

Robert  Sainsbury-  Group  Managing  Director,  Health  and  Community Services

Gary Kynman – Deputy Director, Health and Community Services

Paul McCabe – Chief Pharmacist, Health and Community Services

Simon Spottiswoode, Scrutiny Officer

 

Agenda matter

Action

1.  Public Hearing with the Minister for Health and Social Services

The Panel welcomed the Minister for Health and Social Services and his officials for a public hearing on Brexit. The hearing was recorded and transcribed.

 

Brexit Review Panel

Record of Meeting

Date: 15th February 2019

 

Present

Deputy Kirsten Morel (Chairman) Senator Sarah Ferguson Senator Kristina Moore Constable Mike Jackson Deputy Mike Higgins

Deputy Rob Ward

Apologies

Deputy David Johnson

In attendance

Simon Spottiswoode, Scrutiny Officer

Item 1 only:

David Walwyn, Director, External Relations Paul Ecobichon, Customs and Immigration Matthew Waddington, Legislative Drafting Office Heather Mason, Legislative Drafting Office

Jane Reed, Legislative Drafting Office

Victoria Bell, Law Officers' Department

 

Agenda matter

Action

1.  Briefing on Brexit Legislation

The Panel received officers from External Relations, Customs and Immigration and the Legislative Drafting Office for a briefing on Brexit legislation.

The background and context of the Brexit legislative programme was explained, and also the expected timetable of legislation to be considered by the States Assembly.

Ongoing work in relation to customs legislation required as a result of Brexit was outlined, including plans for a no-deal Brexit.

The Panel thanked officers for attending, noting the transparent and pro-active approach in keeping the Panel updated.

 

2.  Draft  Immigration  (Relevant  Biometric  Information)  (Jersey) Regulations 201-

The Panel discussed P.12/2019 Draft Immigration (Relevant Biometric Information) (Jersey) Regulations 201- which was due to be debated by the States Assembly on 12th March 2019.

It was agreed to consider presenting a Comments paper in relation to the draft Regulations, to build on previous work undertaken by the Education and Home Affairs Scrutiny Panel.

 

3.  Brexit Readiness report

The Panel noted receipt of the proposed Heads of Report for a report on its work to date, particularly focusing on the Government's readiness for Brexit.

 

The Panel discussed the areas that the report needed to cover and approved the Heads of Report.

It was agreed to arrange a public hearing with the Minister for Home Affairs prior to 12th March, in order to obtain evidence for the Panel's report.

 

Brexit Review Panel

Record of Meeting

Date: 1st March 2019

 

Present

Deputy Kirsten Morel (Chairman) Senator Kristina Moore Constable Mike Jackson

Deputy David Johnson

Deputy Rob Ward

Apologies

Senator Sarah Ferguson Deputy Mike Higgins

In attendance

Simon Spottiswoode, Scrutiny Officer

 

Agenda matter

Action

1.  Brexit Readiness report

The Panel discussed areas to be covered in its Brexit Readiness report and noted that a draft report would be circulated shortly.

The Panel also discussed its question plan for the public hearing with the Minister for Home Affairs on 5th March.

 

2.  Brexit Legislation

The Panel noted that an amendment had been lodged to P.11/2019 Draft European Union (Financial Services – Miscellaneous Amendments) (Jersey) Regulations. It was agreed that no further action was necessary.

It was noted that law drafting instructions had been issued for Ministerial Orders under the European Union (United Kingdom Exit – Animal Health and Welfare) (Jersey)  Regulations.  It  was  further  noted  that  the  Environment,  Housing  and Infrastructure Scrutiny Panel had received a briefing on the proposed Orders and that no further work by the Panel was necessary.

The Panel recalled that the External Relations officials had agreed to brief it on all Ministerial orders required to be signed as a result of Brexit. It was agreed to seek further details from officials on when draft Orders would be ready and the likely timings of any briefings.

SS

Brexit Review Panel

Record of Meeting

Date: 5th March 2019

 

Present

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

Constable Mike Jackson

Senator Kristina Moore

Apologies

Senator Sarah Ferguson Deputy Mike Higgins

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, Acting Director, Customs and Immigration Andy Harris , Scrutiny Officer

 

Agenda matter

Action

1. Public Hearing with the Minister for Home Affairs

The Review 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 and Luke Goddard, Acting Director, Customs and Immigration for a public hearing in respect of the preparations being undertaken by the Department for Justice and Home Affairs for Brexit. The proceedings were recorded so that a transcript could be produced.

 

Brexit Review Panel

Record of Meeting

Date: 15th March 2019

 

Present

Deputy Kirsten Morel (Chairman) Constable Mike Jackson

Deputy David Johnson

Deputy Rob Ward

Apologies

Senator Sarah Ferguson Senator Kristina Moore Deputy Mike Higgins

In attendance

Simon Spottiswoode, Scrutiny Officer Theodore Stone, Assistant Scrutiny Officer

 

Agenda matter

Action

1.  Records of Meetings

The Panel approved the records of meetings held on 1st (public and private) and 4th February 2019.

 

2.  Brexit Readiness report

The Panel recalled that its draft report had been circulated electronically since its last meeting and that the main body of the report had been sent to stakeholders for checking.

The Panel discussed and agreed the findings and recommendations for its report and noted that an executive summary and chairman's foreword would now be drafted.

 

Brexit Review Panel

Record of Meeting

Date: 22nd March 2019

 

Present

Deputy Kirsten Morel (Chairman) Constable Mike Jackson

Apologies

Senator Sarah Ferguson Senator Kristina Moore Deputy Mike Higgins Deputy David Johnson Deputy Rob Ward

In attendance

Dan Marcos, Head of International Treaties, External Relations Matthew Waddington, Legislative Drafting Office

Heather Mason, Legislative Drafting Office

Simon Spottiswoode, Scrutiny Officer

 

Agenda matter

Action

1.  Sanctions and Asset-Freezing (Jersey) Law 2019

The Panel received a briefing from the Head of International Treaties and officers from the Legislative Drafting Office on draft Regulations that were due to be lodged under the Sanctions and Asset-Freezing (Jersey) Law.

The Panel recalled that it reviewed the draft law in 2018 and published a short comments paper.

It was explained that the proposed regulations were required because equivalent UK sanctions legislation had not yet been brought into force (due to Brexit uncertainties) and therefore, some references in Jersey's law would be incorrect. It was also noted that the law had not yet been brought into force and that the proposed regulations would come into force at the same time that the law did.

 

Brexit Review Panel

Record of Electronic Meeting

Date: 25th March 2019

 

Present

Deputy Kirsten Morel (Chairman) Senator Kristina Moore Constable Mike Jackson Deputy Rob Ward

Apologies

Senator Sarah Ferguson Deputy Mike Higgins Deputy David Johnson

In attendance

Simon Spottiswoode, Scrutiny Officer

 

Agenda matter

Action

1.  Brexit Readiness report

The Panel noted receipt of the final draft of its Brexit Readiness report and approved the report for presentation to the States Assembly.

 

Brexit Review Panel

Record of Meeting

Date: 29th March 2019

 

Present

Deputy Kirsten Morel (Chairman) Senator Sarah Ferguson Senator Kristina Moore

Deputy Mike Higgins

Apologies

Constable Mike Jackson Deputy David Johnson Deputy Rob Ward

In attendance

Simon Spottiswoode, Scrutiny Officer Theodore Stone, Assistant Scrutiny Officer

 

Agenda matter

Action

1.  Brexit date and continuation of Panel

It was noted that the meeting coincided with the original scheduled exit date for the United Kingdom leaving the European Union. It was further noted that the UK's exit from  the  EU  had  been  delayed  and  that  there  remained  some  uncertainty surrounding the actual date.

The Panel recalled that its remit was to scrutinise the policy of the Council of Ministers in relation to Brexit, and any legislation arising therefrom. It was therefore agreed to keep the Panel constituted until Brexit was resolved.

It was agreed to request a briefing on Ministerial Orders to be held within the following two weeks, should the UK's departure from the EU be imminent.

 

Brexit Review Panel

Record of Meeting

Date: 12th April 2019

 

Present

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

Constable Mike Jackson

Senator Sarah Ferguson

Apologies

Senator Kristina Moore Deputy Mike Higgins

In attendance

Andy Harris , Scrutiny Officer

 

Agenda matter

Action

1. Forward work programme

The Review Panel agreed that, in light of the extension to Article 50 until 31st October 2019, it would continue to monitor the Government of Jersey's preparations for a no deal Brexit scenario. It was noted that in the event the United Kingdom did not hold European elections on 23rd May 2019, it was possible that it could leave without a deal on 1st June 2019.

The Review Panel discussed areas for further consideration and agreed to arrange a briefing with the External Relations Department in order to clarify the Island's position and plans in light of the extension to Article 50. The Officer advised that this would be arranged and a meeting request would be circulated in due course.

AH

2. Consultation with Sandpiper CI

The Review Panel noted that there had been comment in the local media from the Chief Executive of Sandpiper CI in relation to the organisation not being adequately consulted over preparations for Brexit. The Review Panel agreed that it would write to the Minister for Economic Development, Tourism, Sport and Culture in order to clarify what consultation had been undertaken with Sandpiper CI.

AH

3. Future meetings

The Review Panel agreed that it would meet every four weeks in light of the proposed extension to Brexit. It also agreed that it would arrange ad hoc meetings if any particular issues required immediate consideration.

AH

Brexit Review Panel

Record of Meeting

Date: 12th July 2019  

 

Present

Deputy Kirsten Morel (Chairman) Constable Mike Jackson Deputy Rob Ward

Deputy David Johnson

Apologies

Deputy Mike Higgins Senator Sarah Ferguson Senator Kristina Moore

In attendance

Gary Eisner, Scrutiny Officer

Item 1 only:

David Walwyn, Director, External Relations

Neil Watt, Brexit Unit

Victoria Bell, Law Officers' Department

Steve  Webster,  Brexit  Adviser,  Growth,  Housing  and  Environment Department (GHE)

Greg Morel , Acting Director Agriculture and Fisheries, GHE

 

Agenda matter

Action

1.  Briefing on Brexit Legislation

The Panel received Government and Law officers for a briefing on Brexit.

An update was given on the progress of Brexit work and negotiations between the UK and Europe, as well as Jersey and the UK.

The Panel thanked officers for attending, noting the transparent and pro-active approach in keeping the Panel updated.

 

2.  Records of Meetings

Minutes from 15th February to 12th April were approved

GE

3.  Next Meeting

The Panel agreed that it would next meet in the second week of September

GE