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Approved Panel Minutes - Economic and International Affairs - 2019

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Economic Affairs Scrutiny Panel

Records of Meetings

Year: 2019

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

Chairman

Economic and International Affairs Scrutiny Panel

Date:  11th January 2019

 

Present

Deputy Kirsten Morel , Chairman Deputy David Johnson , Vice-Chairman Senator Kristina Moore

Apologies

Deputy Scott Wickenden

Absent

 

In attendance

Andy Harris , Scrutiny Officer

 

Agenda matter

Action

1. Records of Meetings

The Panel noted and approved records of the meetings held on 10th, 13th, 17th and 20th December 2018

 

2. Retail Policy

The Panel recalled that it had published its report S.R.18/2018 "Retail in Jersey" on Friday 21st December 2018. It was noted that the response from the Minister for Economic Development, Tourism, Sport and Culture was due on Friday 1st February 2019.

The Panel discussed the strengths and weaknesses of the review process and agreed that the department's decision to publish its retail strategy after the launch of the review had impacted the potential of the final recommendations. The Panel agreed it would wait until the Ministerial response had been received, after which it would seek feedback from key stakeholders and discuss the effectiveness of the review further.

 

3. Jersey Sport

The Panel recalled that it had requested a meeting with the Charities Commissioner in order to discuss Jersey Sport becoming a charitable organisation. The Officer advised that this would be followed up and confirmed in due course.

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4. CICRA and the freight industry

The Panel noted a letter from January 2017 that had been sent from Bowman Haulage Ltd to States Members highlighting concerns about competition within the freight industry. It was noted that since this letter had been sent, Bowman Haulage had subsequently ceased to operate.

The Panel noted that it was due to meet with the Channel Islands Competition Regulation Authority (CICRA) on Friday 8th February, and agreed it would question them about their views on competition within the freight industry.

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5. Forthcoming Propositions

The Panel noted that the following forthcoming propositions within its remit were due to be debated in the States Assembly;

  • P.138/2018 – Draft Financial Regulation (Miscellaneous Provisions No.5) (Jersey) Law 201-
  • P.139/2018   Draft  Financial  Regulation  (Miscellaneous  Provisions) (Amendment of Laws) (Jersey) Regulations 201-

 

 

  • P.140/2018 Draft Alternative Investment Funds (Amendment) (Jersey) Regulations 201-
  • P.142/2018 – Draft Air Navigation (Rules of the Air) (Amendment) (Jersey) Regulations 201-
  • P.147/2018 – Jersey Overseas Aid Commission: appointment of non-States Commissioner
  • P.148/2018 – Draft European Union (United Kingdom Exit – Miscellaneous Amendments) (Jersey) Regulations 201-

The Panel reviewed the propositions and agreed that no further action was required at this time.

 

6. Quarterly Hearing Schedule 2019

The Panel noted a schedule for quarterly hearings with the Ministers within its remit and requested that an additional date be found in September for a hearing with the Minister for External Relations.

The Panel noted that it was due to hold a hearing with the Minister for Economic Development, Tourism, Sport and Culture on Friday 25th January. The Panel agreed broad question areas for the hearing and the Officer advised that a question plan would be drafted and circulated to Panel members in due course.

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7. Netherlands blacklisting of Jersey

The Panel noted that it had sent a letter to the Minister for External Relations requesting his views on Jersey's recent blacklisting by the Netherlands and had subsequently received the Minister's response. The Panel agreed that it would publish the response on the States Assembly website and would continue to monitor developments.

AH

8. Memorandum of Understanding for Arm's length organisations

The Panel noted that the Memorandums of Understanding (MOU) between the States and various Arm's Length Organisations (ALO) were currently being redrafted. It agreed that it would request copies of any MOU's relevant to ALO's within the Panel's remit.  

AH

9. Future Meetings

The Panel noted that its next scheduled meeting was due to take place at 10:30am on Friday 25th January in the Le Capelain Room, States Building.

 

Date:  25th January 2019

 

Present

Deputy Kirsten Morel , Chairman Deputy David Johnson , Vice-Chairman

Apologies

Senator Kristina Moore Deputy Scott Wickenden

Absent

 

In attendance

Senator Lyndon Farnham , Minister for Economic Development, Tourism, Sport & Culture

Senator Steve Pallett, Assistant Minister

Dan Houseago, Group Director – Economy & Partnerships

Darren Scott , Director, Economic Development

Kellie Boydens , Scrutiny Officer

 

Agenda matter

Action

1. Records of Meetings

The Panel agreed to defer the approval of its minutes until the next scheduled meeting.

 

2. Quarterly Hearing

The Panel received the Minister for Economic Development, Tourism, Sport and Culture and his Officers for a Quarterly Public Hearing. The proceedings were recorded in order that a transcript could be made.

 

3. Work Programme

The Panel agreed that it would discuss its work programme for 2019 at its next meeting.

 

4. Future Meetings

The Panel noted that its next scheduled meeting was due to take place at 10:30am on Friday 8th February in the Le Capelain Room, States Building.

 

Date:  1st February 2019

 

Present

Deputy Kirsten Morel , Chairman Deputy David Johnson , Vice-Chairman Deputy Scott Wickenden

Apologies

 

Absent

Senator Kristina Moore

In attendance

Richard Corrigan, Group Director, Financial Services & Digital Economy, Office of the Chief Executive

Simon Hayward, Director of Treasury Operations and Investments, States Treasury and Exchequer

Kellie Boydens , Scrutiny Officer

 

Agenda matter

Action

1. Jersey Innovation Fund

The Panel met Officers from the Office of the Chief Executive and States Treasury and Exchequer for a briefing on the Jersey Innovation Fund. This meeting was held in private in accordance with the Freedom of Information (Jersey) Law 2011 (as amended) under Qualified Exemption Article 34.

 

Date:  8th February 2019

 

Present

Deputy Kirsten Morel , Chairman Deputy David Johnson , Vice-Chairman Deputy Scott Wickenden

Senator Kristina Moore

Apologies

 

Absent

 

In attendance

Kellie Boydens , Scrutiny Officer

 

Agenda matter

Action

1. Records of Meetings

The Panel noted and approved the records of the meetings held on 11th and 25th January 2019.

 

2. Retail in Jersey Review

The  Panel  received  a  copy  of  the  Ministerial  Response  from  the  Minister  for Economic Development, Tourism, Sport and Culture, Minister for Treasury and Resources and the Minister for Infrastructure.

The Panel discussed each recommendation and how it would be followed up with the respective Ministers.

Recommendation 1 - the Panel agreed that a letter would be drafted to the Minister for Infrastructure to request an update on how the Department and the Parish of St Helier were working in terms of coordination and aligning processes.

Recommendation 2 - the Panel noted that consumer tourism would be incorporated into  the  Department's  Retail  Development  Strategy.  It  agreed  that  this recommendation would be followed up as part of its review of the strategy.

Recommendation  3  -  although  the  recommendation  to  level  the  playing  field regarding the retail tax was rejected, the Panel noted that this would be a topic for consideration during the Budget 2020.

Recommendation 4 - the Panel noted that a parking review would be undertaken by the Growth, Housing and Environment Department by the end of the third quarter of 2019. The Panel agreed to consider the review in respect of shopper parking once completed.

Recommendation 5 - the Panel noted that the Minister for Economic Development, Tourism, Sport and Culture had committed to consult with various parties in order to establish the viability of collecting the necessary data to monitor rent levels. The Panel agreed that one Panel Member would submit a question at a States Assembly meeting during the second quarter of 2019.

Recommendation 6 - the Panel noted that the Minister for Economic Development, Tourism, Sport and Culture had requested a meeting to discuss further whether

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increase-only rent levels was appropriate. The Panel agreed that a meeting would be beneficial.

Recommendation 7 - the Panel noted that a Rates Working Group was due to undertake a revaluation of rateable quarters. The Panel requested the Terms of Reference for the Group.

Recommendation 8 - the Panel agreed that it would liaise with the Brexit Review Panel regarding its recommendation that clarity should be sought around Brexit negotiations and the impact on shoppers.

Recommendation 9 - the Panel noted that collecting market information would be incorporated into the Department's Retail Development Strategy. It agreed that this recommendation would be followed up as part of its review of the strategy.

Recommendation 10 - the Panel agreed that the installation of additional footfall cameras would be followed up at the next Quarterly Public Hearing with the Minister for Economic Development, Tourism, Sport and Culture.

Recommendation 11 - the Panel noted that the Jersey Retail Association was due to move its operational activity within Jersey Business Limited. The Panel requested that a letter was drafted to the JRA to ask about the benefits of incorporating its services into Jersey Business.

Recommendation 12 - the Panel agreed that this recommendation, to ensure a yea- round  schedule  of  events,  would  be  followed  up  as  part  of  its  review  of  the Department's Retail Development Strategy.

Recommendation 13 - the Panel noted that one of the desired outcomes of the Department's Retail Development Strategy would be that the retail sector had access to the skills and talent it needed. In that regard, the Panel's recommendation that a customer service course should be delivered by the end of 2019 would be followed up during its review of the Department's strategy.

Recommendation 14 - the Panel noted that this recommendation was to ensure that appropriate protections were put in place as part of the proposals to deregulate Sunday trading. The Minister for Economic Development, Tourism, Sport and Culture had requested a meeting to discuss this further and the Panel agreed that this would be incorporated into the meeting to discuss recommendation 6.

Recommendation 15 - the Panel noted that a joint public/private sector board would be charged with overseeing delivery of the Retail Development Strategy. The current intention was that the board would commission additional surveys on a regular basis. The Panel requested the Terms of Reference for the board.

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3. Meeting with the Channel Islands Competition and Regulatory Authorities

The Panel noted that the meeting with CICRA had been cancelled and that an alternative date would be confirmed in due course.

 

4. Quarterly Hearing with the Minister for External Relations

The Panel noted that it was due to meet the Minister for External Relations on 28th February. In that regard, the Panel agreed various topic areas. The Panel noted that a draft question plan would be circulated for approval in due course.

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5. Work Programme 2019

 

 

The Panel discussed its work programme for 2019. It agreed that a review of the Technology Industry would be undertaken. In that regard the Panel tasked the officer to draft a Scoping Document for consideration.

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6. Retail Price Index - December 2018

The Panel noted the recently published Retail Price Index report for December 2018.

 

7. Forthcoming Propositions

The Panel considered:

 P.10/2019 - Draft European Union (Amendment – Withdrawal Agreement)

 

(Jersey) Regulations 201-  

 P.11/2019  -  Draft  European  Union  (Financial  Services   Miscellaneous

Amendments) (Jersey) Regulations 201- [P.11/2019]

The Panel noted that both propositions had been considered by the Brexit Review Panel and that no further action was required.

8. Future Meetings

The Panel noted that its next scheduled meeting would take place at 10:30a.m on 22nd February 2019 in the Le Capelain room, States Building.

 

Date:  28th February 2019

 

Present

Deputy Kirsten Morel , Chairman Senator Kristina Moore

Apologies

Deputy David Johnson , Vice-Chairman Deputy Scott Wickenden

Absent

 

In attendance

Senator Ian Gorst , Minister for External Relations

Connétable Richard Buchanan, Assistant Minister, External Relations Richard Corrigan, Group Director Financial Services and Digital Economy David Walwyn, Director External Relations

Tom Le Feuvre, Director – Global Markets and International Agreements Rebecca Millar , Senior External Relations Officer

Kellie Boydens , Scrutiny Officer

 

Agenda matter

Action

1. Quarterly Hearing with the Minister for External Relations

The Panel received the Minister for External Relations and his Officers for a Quarterly Public Hearing. The proceedings were recorded in order that a transcript could be made.

 

Meeting held by electronic mail

Date:  1st March 2019

 

Present

Deputy Kirsten Morel , Chairman Deputy David Johnson , Vice-Chairman Deputy Scott Wickenden

Senator Kristina Moore

Apologies

 

Absent

 

In attendance

Kellie Boydens , Scrutiny Officer

 

Agenda matter

Action

1. Draft Employment (Amendment No.11) (Jersey) Law 201-

The  Panel  agreed  to  undertake  a  review  of  P.17/2019  "Draft  Employment (Amendment No.11) (Jersey) Law 201-". The Panel noted that a Scoping Document would be circulated for approval in due course.

 

Meeting held by electronic mail

Date:  6th March 2019

 

Present

Deputy Kirsten Morel , Chairman Deputy David Johnson , Vice-Chairman Deputy Scott Wickenden

Senator Kristina Moore

Apologies

 

Absent

 

In attendance

Kellie Boydens , Scrutiny Officer

 

Agenda matter

Action

1. Draft Employment (Amendment No.11) (Jersey) Law 201-

The Panel approved the Scoping Document for the review and was advised that it would be circulated to the Chairmen's Committee for final approval. The Panel was also advised that Deputy Louise Doublet had expressed an interest in being co-opted onto the Panel to undertake the review. It was agreed that this would be confirmed in due course.

 

Present

Deputy Kirsten Morel , Chairman Deputy David Johnson , Vice-Chairman Senator Kristina Moore

Apologies

 

Absent

Deputy Scott Wickenden

In attendance

John Vautier, Rural Business Advisor Kellie Boydens , Scrutiny Officer

 

Agenda matter

Action

1. Records of Meetings

The Panel noted and approved the records of its meetings held on 1st and 8th February 2019.

 

2. Briefing on Rural Economy

The Panel met the Rural Business Advisor to discuss Rural Economy in Jersey. It was noted that the Rural Economy Strategy 2017 - 2021 was published in February 2017. The Strategy focussed on economic and environmental sustainability in the countryside and proposed new policies in relation to rural economy. The Rural Business Advisor explained that the Strategy was due to be reviewed during 2019 but the most important factor of any review would be bidding for further funding to deliver the Strategy.

The Rural Business Advisor explained that rural economy and in particular the agricultural industry occupied about 68% of Jersey's surface land area. It was noted that the rural sector was important in terms of economic, environment and social factors.

In relation to land based activity the Panel noted that potatoes were the most dominant crop with 58% of Jersey Royals exported. It was noted that 29% of the total farmland area was used for potato growing with 23% used for dairy. The Panel also noted that 80% of all food consumed in Jersey was imported from elsewhere.

The  Panel  heard  that  the  Growth,  Housing  and  Environment  Department  had commissioned  an  Eco-Systems  Services  review  which  was  expected  to  be undertaken in 2019.

The Panel thanked the Rural Business Advisor for his time and he withdrew from the meeting.

 

3. Draft Employment (Amendment No.11) (Jersey) Law 201-

The Panel recalled that it had agreed to review P.17/2019 which included proposals to  extend  family  friendly  employment  rights.  The  Panel  agreed  the  Terms  of Reference for the review and was advised that the review would become live once the Minister for Social Security had received a copy of its Terms of Reference.

 

 

The Panel also agreed that Deputy Louise Doublet would be co-opted onto the Panel to undertake the review.

The Panel agreed a list of key witnesses and tasked the Officer to arrange several Public Hearings.

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4. Technology Industry Review

The Panel agreed that it would undertake a review of the Technology Industry once it had completed its review of P.17/2019 (family friendly employment rights).

 

5. Quarterly Hearing with the Minister for International Development

The Panel noted that it was due to receive the Minister for International Development for a Quarterly Hearing on 22nd March. The Panel discussed several areas of questioning for the Minister and noted that a draft question plan would be circulated in due course.

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6. Forthcoming Propositions

The Panel noted the following Propositions which had been lodged within its remit:

 Draft European Union (United Kingdom Exit – Alternative Investment Funds)

 

(Jersey) Regulations 201- (P.15/2019)

 Draft European Union (Wines, Spirits, Milk and Dairies – Savings) (Jersey)

Regulations 201- (P.14/2019)

In  relation  to  P.14/2019  the  Panel  noted  that  Regulation  2  amended  the  EU Legislation (Milk and Dairies) (Jersey) Order 2017. The Panel requested that clarification was sought on whether Jersey would automatically follow future changes in European food hygiene requirements.

7. Ministerial Decisions

The Panel noted that a Ministerial Decision had been made on 15th February by the Chief Minister (MD - C - 2019 - 0028) which approved the transfer of some functions to the Minister for External Relations. The functions included charities registration and regulation strategy and related policy.

 

8. Future Meetings

The Panel noted that its next scheduled meeting would take place at 10:30a.m on 22nd March in the Le Capelain room, States Building.

 

Present

Deputy Kirsten Morel , Chairman Deputy David Johnson , Vice-Chairman Deputy Scott Wickenden

Senator Kristina Moore

Apologies

 

Absent

 

In attendance

John Rogers, Director General, Growth, Housing and Environment Rachel Larkman, Senior Human Resources Manager

Spencer Moss, Project Manager, Growth, Housing and Environment John Littlewood, Finance Director, Growth, Housing and Environment Dan Houseago, Group Director, Economy and Partnerships

Kellie Boydens , Scrutiny Officer

 

Agenda matter

Action

1. Briefing on Growth, Housing and Environment Target Operating Model

The Panel met Officers from Growth, Housing and Environment for a briefing on the Target Operating Model. This meeting was held in private in accordance with the Freedom of Information (Jersey) Law 2011 (as amended) under Qualified Exemption Article 34.

 

Present

Deputy Kirsten Morel , Chairman Deputy David Johnson , Vice-Chairman Deputy Scott Wickenden

Apologies

Senator Kristina Moore

Absent

 

In attendance

Deputy Carolyn Labey , Minister for International Development Simon Boas, Executive Director, Jersey Overseas Aid Commission

Kellie Boydens , Scrutiny Officer

 

Agenda matter

Action

1. Records of Meetings

The Panel noted and approved the records of its meetings held on 28th February and 1st, 6th and 8th March 2019.

 

2. Quarterly Hearing with the Minister for International Development

The Panel met the Minister and the Executive Director of the Jersey Overseas Aid Commission for a Quarterly Public Hearing. The proceedings were recorded in order that a transcript could be made.

 

3. Draft Employment (Amendment No.11) (Jersey) Law 201-

The Panel received an update on the progress of the review. It noted that Public Hearings with various stakeholders had been organised for 25th, 28th and 29th March and 3rd April. The Panel also noted that it had sent letters to targeted stakeholders.  The  Panel  requested  that  several  more  letters  were  sent  to organisations who dealt with family matters and childcare such as Brighter Futures.

The Panel noted that it was due to hold a Public Hearing with the Minister for Economic Development, Tourism, Sport and Culture on 25th March. It agreed that it would meet before the Hearing in order to prepare and to go through the legislation.

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4. Work Programme

The Panel agreed that it would complete its review of family friendly employment rights before finalising its work programme for 2019. The Panel expressed several areas of interest regarding its next review which included the technology industry, Ports of Jersey, the Rural Economy Strategy and the Licensing Law.

 

5. Quarterly Hearing with the Minister for Economic Development, Tourism, Sport and Culture

The Panel noted that it was due to receive the Minister for a Quarterly Hearing on 5th April. The Panel discussed several areas of questioning for the Minister and noted that a draft question plan would be circulated in due course.

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6. Future Meetings

 

 

The Panel noted that its next scheduled meeting would take place at 10:30a.m on 5th April in the Le Capelain room, States Building.

 

Present

Deputy Kirsten Morel , Chairman Deputy David Johnson , Vice-Chairman Deputy Scott Wickenden

Senator Kristina Moore

Apologies

Deputy Louise Doublet (co-opted Member)

Absent

 

In attendance

Senator Lyndon Farnham , Minister for Economic Development, Tourism, Sport & Culture

Darren Scott , Director Growth, Housing and Environment,

Ian Clarkson, Interim Private Secretary

Kellie Boydens , Scrutiny Officer

 

Agenda matter

Action

1. Draft Employment (Amendment No.11) (Jersey) Law 201-

The Panel discussed the Draft Employment (Amendment No.11) (Jersey) Law 201- (P.17/2019)  and  prepared  for  the  Hearing  with  the  Minister  for  Economic Development, Tourism, Sport and Culture.

The Panel received the Minister and his Officers for a Public Hearing to discuss P.17/2019 and the extensions to family friendly employment rights. The proceedings were recorded in order that a transcript could be made.

 

Present

Deputy Kirsten Morel , Chairman Deputy David Johnson , Vice-Chairman Deputy Scott Wickenden

Apologies

Senator Kristina Moore

Deputy Louise Doublet (co-opted Member)

Absent

 

In attendance

Deputy Judy Martin, Minister for Social Security

Deputy Geoff Southern , Assistant Minister for Social Security

Sue Duhamel, Director, Strategic Policy, Performance and Population Ian Burns, Director General, Customer and Local Services

Kellie Boydens , Scrutiny Officer

 

Agenda matter

Action

1. Draft Employment (Amendment No.11) (Jersey) Law 201-

The Panel received the Minister for Social Security and her Officers for a Public Hearing to discuss P.17/2019 and the extensions to family friendly employment rights. The proceedings were recorded in order that a transcript could be made.

 

Present

Deputy Kirsten Morel , Chairman Deputy David Johnson , Vice-Chairman Deputy Scott Wickenden

Senator Kristina Moore

Apologies

Deputy Louise Doublet (co-opted Member)

Absent

 

In attendance

Senator Tracey Vallois, Minister for Education

Nicola Mulliner, Head of Early Years – Childcare and Early Years' Service

Kellie Boydens , Scrutiny Officer

 

Agenda matter

Action

1. Draft Employment (Amendment No.11) (Jersey) Law 201-

The Panel received the Minister for Education and the Head of Early Years for a Public  Hearing  to  discuss  P.17/2019  and  the  extensions  to  family  friendly employment rights. The proceedings were recorded in order that a transcript could be made.

 

Present

Deputy Kirsten Morel , Chairman

Deputy David Johnson , Vice-Chairman [items 3 and 4] Deputy Scott Wickenden

Apologies

Senator Kristina Moore

Deputy Louise Doublet (co-opted Member)

Absent

 

In attendance

Lorie Rault, Chief Executive, Jersey Retail Association [item 2]

Graeme Smith, Chief Executive, Jersey Business [item 2]

Eliot Lincoln, President, Chamber of Commerce [item 3]

Lorna Pestana, Chair, Human Resources Committee [item 3]

Murray Norton, Chief Executive, Chamber of Commerce [item 3]

Patricia Rowan, Director, Jersey Advisory and Conciliation Service [item 4]

Kellie Boydens , Scrutiny Officer

 

Agenda matter

Action

1. Draft Employment (Amendment No.11) (Jersey) Law 201-

The Panel noted that it was due to hold three Public Hearings, the first with the Jersey Retail Association and Jersey Business, the second with the Chamber of Commerce and lastly the Jersey Advisory and Conciliation Service.

 

2. Public Hearing with the Jersey Retail Association and Jersey Business

The Panel received the Chief Executive of the Jersey Retail Association and the Chief Executive of Jersey Business a Public Hearing to discuss P.17/2019 and the extensions to family friendly employment rights. The proceedings were recorded in order that a transcript could be made.

 

3. Public Hearing with the Chamber of Commerce

The Panel received the President and Chief Executive of the Chamber of Commerce and the Chair of the Human Resources Committee for a Public Hearing to discuss P.17/2019 and the extensions to family friendly employment rights. The proceedings were recorded in order that a transcript could be made.

 

4. Public Hearing with the Jersey Advisory and Conciliation

The Panel received the Director of the Jersey Advisory and Conciliation Service for a  Public  Hearing  to  discuss  P.17/2019  and  the  extensions  to  family  friendly employment rights. The proceedings were recorded in order that a transcript could be made.

 

Present

Deputy Kirsten Morel , Chairman Deputy David Johnson , Vice-Chairman

Apologies

Deputy Scott Wickenden

Senator Kristina Moore

Deputy Louise Doublet (co-opted Member)

Absent

 

In attendance

Advocate Huw Thomas, Carey Olsen Kellie Boydens , Scrutiny Officer

 

Agenda matter

Action

1. Draft Employment (Amendment No.11) (Jersey) Law 201-

The Panel received Advocate Huw Thomas in his capacity as an employment lawyer to discuss P.17/2019 and the proposed extensions to family friendly employment rights. The proceedings were recorded in order that a transcript could be made.

 

Present

Deputy Kirsten Morel , Chairman Deputy David Johnson , Vice-Chairman Deputy Scott Wickenden

Apologies

Senator Kristina Moore

Absent

 

In attendance

Senator Lyndon Farnham , Minister for Economic Development, Tourism, Sport & Culture [item 3]

Senator Steve Pallett, Assistant Minister for Economic Development, Tourism, Sport & Culture [item 3]

Dan Houseago, Group Director – Economy & Partnerships [item 3] Darren Scott , Director, Economic Development [item 3]

Ian Clarkson, Interim Private Secretary [item 3]

Kellie Boydens , Scrutiny Officer

 

Agenda matter

Action

1. Records of Meetings

The Panel noted and approved the records of its meetings held on 15th, 22nd and 25th March 2019.

 

2. Panel Membership

The Panel noted that Deputy Jess Perchard had asked to join the Panel. The Panel agreed that Deputy Perchard should become a member of the Panel and noted that the matter would be discussed at the next sitting of the States Assembly.

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3. Quarterly Hearing

The Panel received the Minister for Economic Development, Tourism, Sport and Culture and his Officers for a Quarterly Public Hearing. The proceedings were recorded in order that a transcript could be made.

 

4. Draft Employment (Amendment No.11) (Jersey) Law 201-

The Panel discussed the next steps of its review and noted that the evidence received to date had raised significant concerns. The Panel requested that a meeting with the Minister for Social Security be organised to discuss the concerns and a way forward.

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5. Forthcoming Propositions

The Panel noted the following Proposition had been lodged within its remit:

 Draft Banking Business (Amendment of Law) (Jersey) Regulations 201- [P.36/2019]

 

6. Meeting with Officers supporting the Charities Commissioner

 

 

The  Panel  noted  that  the  meeting  with  Officers  supporting  the  Charities Commissioner had been cancelled, The Panel agreed that, given that its concerns were of a legal nature, it would be more appropriate to seek legal advice. The Panel tasked the Officer to make the necessary arrangements.

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7. Target Operating Model

The Panel requested that a meeting be organised with the Minister for Economic Development, Tourism, Sport and Culture to discuss the Target Operating Model for Growth, Housing and Environment.

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8. Data Sharing Policy

The Panel noted that Prosperity 24.7 (Data Management Consultant) had been commissioned by the Government of Jersey to support the development of a Data Sharing Policy. It was noted that Prosperity 24.7 had requested a meeting with the Panel to discuss the work to date. The Officer advised that the meeting would be organised and confirmed in due course.

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9. Future Meetings

The Panel noted that its next meeting would take place on Thursday 18th April 2019 in the Le Capelain room, States Building.

 

Present

Deputy Kirsten Morel , Chairman Deputy David Johnson , Vice-Chairman Deputy Scott Wickenden

Senator Kristina Moore

Apologies

Deputy Louise Doublet (co-opted Member)

Absent

 

In attendance

Advocate Helen Ruelle, Chair of the Employment Forum Malcolm Ferey , Vice-Chair of the Employment Forum Kate Morel , Secretary, Employment Forum

Kellie Boydens , Scrutiny Officer

 

Agenda matter

Action

1. Draft Employment (Amendment No.11) (Jersey) Law 201-

The Panel met the Chair, Vice-Chair and Secretary of the Employment Forum to discuss P.17/2019 and the proposed extensions to family friendly employment rights. The proceedings were recorded in order that a transcript could be made.

 

Present

Deputy Kirsten Morel , Chairman Deputy David Johnson , Vice-Chairman Deputy Scott Wickenden

Senator Kristina Moore

Apologies

 

Absent

 

In attendance

Deputy Judy Martin, Minister for Social Security

Deputy Geoff Southern , Assistant Minister for Social Security

Ian Burns, Director General, Customer and Local Services

Sue Duhamel, Director, Strategic Policy, Performance and Population Kate Morel , Policy Principal, Strategic Policy, Performance and Population

Nathan Beddoe, small business owner Kellie Boydens , Scrutiny Officer

 

Agenda matter

Action

1. Draft Employment (Amendment No.11) (Jersey) Law 201-

The Panel met the Minister and her Officers to discuss the Panel's review of family friendly employment rights. The Panel explained that it had received a significant number of concerns regarding the legislation and, in order to explore the concerns further, it needed more time to complete its review. The Panel asked the Minister to withdraw the Proposition so that it could complete its review and present its findings (including any recommended amendments) in order that a new Proposition could be lodged in due course.

The Minister acknowledged the Panel's request and it was agreed that she would confirm her decision in due course. The Panel thanked the Minister and her officers for their time and they withdrew from the meeting.

The Panel met Nathan Beddoe, a small business owner to discuss P.17/2019 and the proposed extensions to family friendly employment rights. The proceedings were recorded in order that a transcript could be made.

The Panel noted that Deputy Louise Doublet would no longer be co-opted to the Panel to review P.17/2017 (Draft Employment (Amendment No.11) (Jersey) Law 201-).

 

Present

Deputy Kirsten Morel , Chairman Deputy David Johnson , Vice-Chairman Deputy Scott Wickenden

Senator Kristina Moore

Apologies

 

Absent

 

In attendance

Kellie Boydens , Scrutiny Officer

 

Agenda matter

Action

1. Draft Employment (Amendment No.11) (Jersey) Law 201-

The Panel noted that it had received a letter from the Minister proposing several amendments to the draft Law and confirming that it would not be withdrawn. The Panel discussed the matter and agreed that, since it was still receiving concerns, it would call in the legislation for further scrutiny under Standing Order 72. In that regard, it agreed that a letter would be drafted to the Minister confirming the Panel's position.

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Present

Deputy Kirsten Morel , Chairman Deputy Scott Wickenden

Apologies

Deputy David Johnson , Vice-Chairman Senator Kristina Moore

Absent

 

In attendance

Kellie Boydens , Scrutiny Officer

 

Agenda matter

Action

1. Draft Employment (Amendment No.11) (Jersey) Law 201-

The Panel agreed that a Comments paper should be drafted to inform States Members of the Panel's intention to call in the legislation.

KB

Present

Deputy Kirsten Morel , Chairman Deputy David Johnson , Vice-Chairman Senator Kristina Moore

Apologies

Deputy Scott Wickenden

Absent

 

In attendance

Kellie Boydens , Scrutiny Officer

 

Agenda matter

Action

1. Records of Meetings

The Panel noted the records of its meetings held on 28th and 29th March and 3rd, 4th, 5th, 8th and 9th April 2019.

 

2. Draft Employment (Amendment No.11) (Jersey) Law 201-

The Panel received a draft Comments paper outlining its intention to call in P.17/2019 under Standing Order 72. The Panel requested several changes and agreed that a revised version should be circulated for final approval. On that matter, the Panel also requested that a press release was drafted.

The Panel approved a draft letter to the Minister for Social Security informing her of the Panel's intention to call in the legislation. The Panel agreed that, once the Comments were approved, they should be appended to the letter and sent to the Minister.

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3. Forthcoming Propositions

The Panel noted P.44/2019 (Companies - Economic Substance) (Amendment) (Jersey) Law 201-) had been lodged by the Minister for External Relations. The Panel requested that a briefing was organised to discuss the amendment.

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4. Data Sharing Policy

The Panel noted that it was due to receive a briefing on the Data Sharing Policy on 29th April 2019. Since the Corporate Services Scrutiny Panel had received an initial briefing on the policy in 2018, it was agreed that Members of that Panel would also be invited to attend the briefing.

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5. Bilateral Investment Treaties

The Panel noted that it was due to receive a private briefing on Bilateral Investment Treaties on 1st May 2019.

 

6. Future Meetings

The Panel noted that its next scheduled meeting would take place at 10:30am on 3rd May 2019 in the Le Capelain room, States Building.

 

Present

Deputy Kirsten Morel , Chairman Deputy David Johnson , Vice-Chairman Deputy Scott Wickenden

Apologies

 

Absent

Senator Kristina Moore

In attendance

Katie Falle, Senior Consultant, Data Management, Prosperity 24.7 Jonathan Van-Neste, Assistant Legal Advisor, Law Officers' Department

Kellie Boydens , Scrutiny Officer

 

Agenda matter

Action

1. Data Sharing Policy

The Panel met Katie Falle, Senior Consultant in Data Management from Prosperity

24.7 and Jonathan Van-Neste, Assistant Legal Advisor from the Law Officers' Department to discuss the development of a new data sharing policy. This meeting was held in private in accordance with the Freedom of Information (Jersey) Law 2011 (as amended) under Qualified Exemption Article 35.

 

Present

Deputy Kirsten Morel , Chairman Deputy David Johnson , Vice-Chairman Senator Kristina Moore

Deputy Jess Perchard

Apologies

 

Absent

Deputy Scott Wickenden

In attendance

Tom Le Feuvre Director, Global Markets and International Agreements Tom Wherry, Lead Policy Adviser: Financial Services & Brexit

Victoria Bell, Legal Adviser, Law Officers' Department

Kellie Boydens , Scrutiny Officer

 

Agenda matter

Action

1. New Member

The Panel welcomed Deputy Jess Perchard onto the Panel.

 

2. Bilateral Investment Treaties

The  Panel  met  Tom  Le  Feuvre,  Director  of  Global  Markets  and  International Agreements, Tom Wherry, Lead Policy Adviser for Financial Services and Brexit and Victoria Bell, Legal Adviser from the Law Officers' Department for a private briefing on Bilateral Investment Treaties. This meeting was held in private in accordance with the  Freedom  of  Information  (Jersey)  Law  2011  (as  amended)  under  Qualified Exemption Article 34.

 

Present

Deputy Kirsten Morel , Chairman Deputy David Johnson , Vice-Chairman Deputy Scott Wickenden

Senator Kristina Moore

Deputy Jess Perchard

Apologies

 

Absent

 

In attendance

Mathew Berry, Legal Adviser, Law Officers' Department Catherine Williams, Legal Adviser, Law Officers' Department

Kellie Boydens , Scrutiny Officer

 

Agenda matter

Action

1. Draft Employment (Amendment No.11) (Jersey) Law 201-

The Panel met with Officers from the Law Officers' Department for a private briefing on the Draft Employment (Amendment No.11) (Jersey) Law 201-. This meeting was held in private in accordance with the Freedom of Information (Jersey) Law 2011 (as amended) under Qualified Exemption Article 31.

Once the Officers had withdrawn from the meeting the Panel discussed the timeline of the review. It noted that the Proposition was due to be debated on 4th June and the deadline for amendments was Monday 20th May. The Panel agreed that it required more time to produce amendments and finish its report. In that regard the Panel tasked the Officer to draft a letter to the Minister for Social Security requesting the debate to be deferred until 18th June.

KB

Present

Deputy Kirsten Morel , Chairman Senator Kristina Moore

Deputy Jess Perchard

Apologies

Deputy David Johnson , Vice-Chairman Deputy Scott Wickenden

Absent

 

In attendance

Senator Ian Gorst , Minister for External Relations

Connétable Richard Buchanan, Assistant Minister, External Relations Tom Le Feuvre, Director, Global Markets and International Agreements Kate Nutt, Group Director, External Relations

Kellie Boydens , Scrutiny Officer

 

Agenda matter

Action

1. Quarterly Hearing with the Minister for External Relations

The Panel received the Minister for External Relations, his Assistant Minister and his Officers for a Quarterly Public Hearing. The proceedings were recorded in order that a transcript could be made.

 

Present

Deputy Kirsten Morel , Chairman Deputy David Johnson , Vice-Chairman Deputy Jess Perchard

Apologies

Deputy Scott Wickenden Senator Kristina Moore

Absent

 

In attendance

Kellie Boydens , Scrutiny Officer

 

Agenda matter

Action

1.  Draft Employment (Amendment No.11) (Jersey) Law 201-

The Panel discussed its review of P.17/2019 and agreed several amendments. It was noted that these would be discussed with the Legislative Drafter in due course.

 

Present

Deputy Kirsten Morel , Chairman Deputy David Johnson , Vice-Chairman Senator Kristina Moore

Deputy Jess Perchard

Apologies

Deputy Scott Wickenden

Absent

 

In attendance

Advocate Whelan, Chair of the Jersey Gambling Commission

Dr Jason Lane, Chief Executive of the Jersey Gambling Commission

Kellie Boydens , Scrutiny Officer

 

Agenda matter

Action

1. Records of Meetings

The Panel approved the records of the meetings held on 11th, 17th 18th and 29th April 2019 and 1st and 7th May 2019.

 

2. Jersey Gambling Commission: Briefing

The Panel met Advocate Whelan, Chair of the Jersey Gambling Commission (JGC) and Dr Jason Lane, Chief Executive of the JGC for a briefing.

The Chair of the JGC explained that gambling was primarily a form of entertainment but could be dangerous if misused. There were two options to minimise the risks of gambling, the first would be to ban all forms of gambling and the second was to regulate it to international standards. It was noted that Jersey regulated gambling via the JGC.

The  JGC  explained  that  gambling  presented  opportunities  within  an  economy because it could attract business and create jobs. Although it was not part of the JGC's role to promote gambling, the Chair of JGC explained that Jersey was missing a diversification opportunity.

The Panel discussed the risks of gambling and in particular the prevalence of associated suicides. The Chair of the JGC advised that, although there had been cases of suicide in relation to gambling, there had been other contributing factors in each case such as alcohol misuse and relationship issues.

The Panel thanked Advocate Whelan and Dr Lane for their time and they withdrew from the meeting.

 

3. Draft Employment (Amendment No.11) (Jersey) Law 201-

The Panel noted that the draft report would be circulated after the meeting. The Panel agreed to meet on Thursday 23rd May to approve the draft report so that it could be sent to stakeholders for factual checking.

 

 

4. Briefing on Money Laundering Order

The Panel noted that it was due to receive a briefing on the Money Laundering (Amendment No.10) (Jersey) Order 201- on 31st May 2019.

 

5. Jersey Sport

The Panel recalled its concerns regarding Jersey Sport and the role of the "Enforcer". It was noted that the previous Economic and International Affairs Panel presented a Comments  paper  at  the  time  which  insisted  that  "the  Enforcer"  named  in  the overriding trust instrument was the Minister for Economic Development, Tourism, Sport and Culture. The Panel at that time was concerned that if the "enforcer" was not the Minister there would not be any form of control over certain aspects in the formation of a body that would receive Government funding.

The Panel shared the previous Panel's concerns particularly as the current proposal for Jersey Sport to receive charitable status would revert to the structure as originally presented by the Department and which the Panel of the day found unacceptable.

The Panel requested that a meeting with the Law Officers was organised so that the matter could be discussed further.

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6. Future Meetings

The Panel noted that its next scheduled meeting would take place on Friday 31st May at 10:30am in the Le Capelain room.

 

Present

Deputy Kirsten Morel , Chairman Deputy David Johnson , Vice-Chairman Deputy Scott Wickenden

Senator Kristina Moore

Apologies

Deputy Jess Perchard

Absent

 

In attendance

Jeralie Pallot, Rowlands Recruitment Della Page, Excel Recruitment

Jane Read, Legislative Drafter

Kellie Boydens , Scrutiny Officer

 

Agenda matter

Action

1.  Draft Employment (Amendment No.11) (Jersey) Law 201-:  

The  Panel  met  Jeralie  Pallot  (Rowlands  Recruitment)  and  Della  Page  (Excel Recruitment) to discuss further the concerns raised by 16 recruitment agencies in a submission to the Panel. It was noted that the agencies were mostly concerned about the practical issues in applying the parental leave to temporary zero hours' workers which would be the responsibility of the recruitment agencies from day one of employment.

It was noted that the recruitment agencies wanted some reassurance as to the extent to which they were liable for the costs of paid and unpaid parental leave and the extent to which they could pass on the cost and liability to the businesses to whom they supplied staff. It was noted that, in some instances, businesses would accept liability for the temporary worker, but in other cases it was the responsibility of the agency. Ms Pallot explained that the relationship between the three parties (agency, business and temporary worker) was very complex. It was noted that representatives from some agencies were due to meet the Customer and Local Services Department to discuss the concerns.

The Panel thanked Jeralie Pallot and Della Page for their time and they withdrew from the meeting.

The Panel met Jane Read (Legislative Drafter) to discuss the Panel's proposed amendments. It was agreed that the final amendments would be circulated for approval in due course.

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Present

Deputy Kirsten Morel , Chairman Deputy David Johnson , Vice-Chairman Deputy Scott Wickenden

Senator Kristina Moore

Deputy Jess Perchard

Apologies

 

Absent

 

In attendance

Kellie Boydens , Scrutiny Officer

 

Agenda matter

Action

1.  Draft Employment (Amendment No.11) (Jersey) Law 201-:  

The Panel discussed its draft report and made minor amendments. The Panel agreed that the main body of the report could be sent to stakeholders for factual checking. In that regard, the Panel agreed to meet on Thursday 30th May to discuss any comments back from stakeholders.

 

Present

Deputy Kirsten Morel , Chairman Deputy David Johnson , Vice-Chairman Deputy Scott Wickenden

Senator Kristina Moore

Deputy Jess Perchard

Apologies

 

Absent

 

In attendance

Kellie Boydens , Scrutiny Officer

 

Agenda matter

Action

1.  Draft Employment (Amendment No.11) (Jersey) Law 201-:  

The  Panel  discussed  its  draft  report  and  made  minor  amendments  following comments received from stakeholders. The Panel also discussed its key findings and recommendations and requested changes to be made to the draft. It was agreed that a revised version would be circulated for final approval in due course. It was anticipated that the report would be presented on Tuesday 4th June, alongside the Panel's proposed amendments to the draft Law.

In that regard, the Panel also received the final drafts of its amendments to the draft Law. The Panel made minor changes to the supporting reports and agreed that final approval would be given at its meeting on 31st May 2019.

 

2.  Member Resignation

Deputy Wickenden advised that he would be resigning from the Panel to become Assistant Minister for Social Security.

 

Present

Deputy Kirsten Morel , Chairman Deputy David Johnson , Vice-Chairman Deputy Jess Perchard

Apologies

Senator Kristina Moore

Absent

 

In attendance

Tom  Fothergill,  Lead  Policy  Adviser,  Financial  Services  and  Digital Economy [item 2]

Andrew Le Brun, Jersey Financial Services Commission (seconded to Government of Jersey to undertake national risk assessment) [item 2] Hamish Armstrong, Jersey Financial Services Commission [item 2]

Kellie Boydens , Scrutiny Officer

Theo Stone, Assistant Scrutiny Officer

 

Agenda matter

Action

1. Records of Meetings

The Panel approved the records of its meetings held on 14th and 15th May 2019.

 

2. Money Laundering (Amendment No.10) (Jersey) Order 201-

The  Panel  received  a  briefing  on  the  Money  Laundering  (Amendment  No.10) (Jersey) Order. This meeting was held in private in accordance with the Freedom of Information (Jersey) Law 2011 (as amended) under Qualified Exemption Article 35.

 

3. Draft Employment (Amendment No.11) (Jersey) Law 201-  

The Panel approved its proposed amendments to the draft Law and noted that they would be sent to the States Greffe for formatting.

The Panel noted that its report would be circulated for final approval on Monday 3rd June.

 

4. Future Meetings

The Panel noted that its next scheduled meeting would take place at 10:30am on 14th June 2019.

 

Meeting held by electronic mail

Date:  3rd June 2019

 

Present

Deputy Kirsten Morel , Chairman Deputy David Johnson , Vice-Chairman Deputy Jess Perchard

Senator Kristina Moore

Apologies

 

Absent

 

In attendance

Kellie Boydens , Scrutiny Officer

 

Agenda matter

Action

1. Draft Employment (Amendment No.11) (Jersey) Law 201-  

The Panel approved its report (S.R.9/2019) and noted that it would be formally presented on Tuesday 4th June.

 

Date:  7th June 2019

 

Present

Deputy Kirsten Morel , Chairman Deputy David Johnson , Vice-Chairman Deputy Jess Perchard

Senator Kristina Moore [Item 2]

Apologies

 

Absent

 

In attendance

Senator Lyndon Farnham , Minister for Economic Development, Tourism, Sport and Culture [Item 2]

Kellie Boydens , Scrutiny Officer

 

Agenda matter

Action

1. Draft Employment (Amendment No.11) (Jersey) Law 201-  

The Panel noted that a provisional meeting had been organised with the Minister for Social Security for Monday 10th June. The purpose of the meeting was to discuss the Panel's findings in its report (S.R.9/2019) and amendments.

The Panel noted that an open letter from the Women in Politics Committee had been circulated to all States Members urging members to support the proposals contained in P.17/2019, as drafted. The Panel requested that a meeting with a representative of the Committee was organised so that the points made in the letter could be discussed further.

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2. Target Operating Model

The Panel met the Minister to discuss the Target Operating Model. The Minister confirmed that any new developments with the TOM would be shared with the Panel.

 

Date:  10th June 2019

 

Present

Deputy Kirsten Morel , Chairman Deputy David Johnson , Vice-Chairman Deputy Jess Perchard

Senator Kristina Moore [Item 2]

Apologies

 

Absent

 

In attendance

Deputy Judith Martin, Minister for Social Security

Kate Morel , Policy Principal, Strategic Policy, Performance and Population Sue Duhamel, Director, Strategic Policy, Performance and Population Abbie Moore , Private Secretary

Kellie Boydens , Scrutiny Officer

 

Agenda matter

Action

1. Draft Employment (Amendment No.11) (Jersey) Law 201-  

The Panel met the Minister for Social Security and discussed the findings made in its final report as well as its amendments. The Minister confirmed she was unable to support the Panel's amendment to remove article 4 (the parental leave elements of the legislation) but would support the other amendments made by the Panel.

The Panel raised a query regarding the transferability of leave for parents if they were to change jobs. It was noted that the Panel had received differing opinions during the review and it remained unclear whether leave was transferable. The Policy Principal advised that the issue would be clarified after the meeting.

The Panel thanked the Minister and her Officers for their time and they withdrew from the meeting. The Panel agreed that its position remained the same in that it would continue with all three amendments. The Panel tasked the Officer to draft a letter in order to inform the Minister of its position.

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Date:  14th June 2019

 

Present

Deputy Kirsten Morel , Chairman Deputy David Johnson , Vice-Chairman Deputy Jess Perchard

Apologies

Senator Kristina Moore

Absent

 

In attendance

Kellie Boydens , Scrutiny Officer

Theo Stone, Assistant Scrutiny Officer

 

Agenda matter

Action

1. Records of Meetings

The Panel noted and approved the records of its meetings held on 17th, 20th, 23rd, 30th and 31st May and 3rd June 2019.

 

2. Draft Employment (Amendment No.11) (Jersey) Law 201-  

The Panel noted that the Ministerial Response was due on 16th July 2019.

 

3. Quarterly Hearing with the Minister for International Development

The Panel discussed a draft question plan in preparation for its Quarterly Hearing with the Minister on 28th June. The Panel requested a couple of further questions to be added to the plan and noted that a revised version would be circulated in due course.

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4. Quarterly Hearing with the Minister for Economic Development

The Panel discussed question areas in preparation for its Quarterly Hearing with the Minister on 5th July.

 

5. Work Programme

The Panel discussed its work programme for 2019 and agreed two areas for further consideration at a future meeting, namely Ports of Jersey and technology in Jersey. The Officer advised that briefing papers would be provided in order to aid discussion.

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6. Forthcoming Propositions

The Panel noted that the Minister for External Relations had lodged P.58/2019 (Draft Sanctions  and  Asset-Freezing  (amendment)  (Jersey)  Law  201-.  The  Panel requested that a briefing was organised to discuss the Proposition further.

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7. Briefing on Productivity Work Stream

The Panel noted that it was due to receive a briefing on the Growth, Housing and Environment Department's Productivity Work Stream on 21st June.

 

 

8. Future Meetings

The Panel noted that its next scheduled meeting would take place at 10:30am on 28th June.

 

Date:  17th June 2019

 

Present

Deputy Kirsten Morel , Chairman Deputy David Johnson , Vice-Chairman Deputy Jess Perchard

Senator Kristina Moore

Apologies

 

Absent

 

In attendance

Kate Wright, Vice-chair, Women in Politics Toni Roberts, Co-chair, Women in Politics Edyta Buard, Member, Women in Politics

Nikita Hall , Scrutiny Officer

 

Agenda matter

Action

1. Draft Employment (Amendment No.11) (Jersey) Law 201-

The Panel met with representatives from Women in Politics for a private meeting to discuss new family friendly legislation as proposed in P.17/2019 Draft Employment (Amendment  No.11)  (Jersey)  Law  201-,  as  well  as  the  findings  and recommendations of the Panel's subsequent scrutiny report. This meeting was held in private in accordance with the Freedom of Information (Jersey) Law 2011 (as amended) under Qualified Exemption Article 34.

 

Date:  18th June 2019

 

Present

Deputy Kirsten Morel , Chairman

Deputy David Johnson , Vice-Chairman Deputy Senator Kristina Moore

Deputy Jess Perchard

Apologies

 

Absent

 

In attendance

Senator Ian Gorst , Minister for External Relations

Tom Fothergill, Lead Policy Adviser, Financial Services & Digital Economy Simon Spottiswoode, Scrutiny Officer

 

Agenda matter

Action

1. Briefing: Beneficial Ownership Registers

The Panel was briefed by the Minister for  External Relations on an imminent announcement regarding public beneficial ownership registers. This meeting was held in private in accordance with the Freedom of Information (Jersey) Law 2011 (as amended) under Qualified Exemption Article 34.

 

Date:  21st June 2019

 

Present

Deputy Kirsten Morel , Chairman Deputy David Johnson , Vice-Chairman

Apologies

Deputy Jess Perchard Senator Kristina Moore

Absent

 

In attendance

Dan Houseago, Group Director Economy and Partnerships, Growth Housing and Environment

Richard Horsley, Contractor – Economic Development, Growth, Housing and Environment

Nikita Hall , Scrutiny Officer

 

Agenda matter

Action

1. Briefing: Productivity Plan Work Stream

The Panel was briefed by Officers from Growth, Housing and Environment in respect of the productivity plan work stream. This meeting was held in private in accordance with the Freedom of Information (Jersey) Law 2011 (as amended) under Qualified Exemption Article 34.

 

Date:  27th June 2019

 

Present

Deputy Kirsten Morel , Chairman Deputy David Johnson , Vice-Chairman Deputy Jess Perchard

Apologies

Senator Kristina Moore

Absent

 

In attendance

Tom  Fothergill,  Lead  Policy  Adviser,  Financial  Services  and  Digital Economy

Andrew Le Brun, Jersey Financial Services Commission (seconded to Government of Jersey to undertake national risk assessment)

Kellie Boydens , Scrutiny Officer

 

Agenda matter

Action

1. Briefing: National Risk Assessment

The Panel was briefed by Officers on the development of Jersey's National Risk Assessment. This meeting was held in private in accordance with the Freedom of Information (Jersey) Law 2011 (as amended) under Qualified Exemption Article 35.

 

Date:  28th June 2019

 

Present

Deputy Kirsten Morel , Chairman Deputy David Johnson , Vice-Chairman Deputy Jess Perchard

Apologies

Senator Kristina Moore

Absent

 

In attendance

Deputy Carolyn Labey , Minister for International Development Simon Boas, Executive Director, Jersey Overseas Aid Commission

Kellie Boydens , Scrutiny Officer

 

Agenda matter

Action

1. Records of Meetings

The Panel noted and approved the records of its meetings held on 7th, 10th, 14th, 17th, 18th and 21st June 2019.

 

2. Quarterly Hearing with the Minister for International Development

The Panel met the Minister for International Development and the Executive Director of  the  Jersey  Overseas  Aid  Commission  for  a  Quarterly  Public  Hearing.  The proceedings were recorded in order that a transcript could be made.

 

3. P.58/2019 - Draft Sanctions and Asset Freezing (amendment) (Jersey) Law The Panel noted that it was due to receive a briefing on the amendment on 5th July.

 

4. Quarterly Hearing with the Minister for Economic Development, Tourism, Sport and Culture

The Panel received a draft question plan in preparation for its Quarterly Hearing with the Minister on 5th July. The Panel agreed several additional areas of questioning.

 

5. Future Meetings

The Panel noted that its next scheduled meeting was due to take place at 10:30am on 5th July in the Le Capelain room, States Building.

 

Present

Deputy Kirsten Morel , Chairman Deputy David Johnson , Vice-Chairman Deputy Jess Perchard

Senator Kristina Moore

Apologies

 

Absent

 

In attendance

Alan Merry, Acting Group Chief Executive Officer, Ports of Jersey Kellie Boydens , Scrutiny Officer

 

Agenda matter

Action

1. Briefing: Ports of Jersey

The Panel met Alan Merry, Acting Group Chief Executive Officer, Ports of Jersey. This meeting was held in private in accordance with the Freedom of Information (Jersey) Law 2011 (as amended) under Absolute Exemption Article 26.

 

Present

Deputy Kirsten Morel , Chairman Deputy David Johnson , Vice-Chairman Deputy Jess Perchard

Senator Kristina Moore

Apologies

 

Absent

 

In attendance

Dan Marcos, Head of International Compliance [item 2] Heather Mason, Assistant Legal Advisor [item 2] Mathew Waddington, Legislative Advisor [item 2] Victoria Bell, Legal Advisor [item 2]

Senator  Lyndon   Farnham ,  Minister,  Economic  Development,  Tourism, Sport and Culture [item 3]

Senator Steve Pallett, Assistant Minister, Economic Development, Tourism, Sport and Culture [item 3]

Darren Scott , Director, Economic Development [item 3]

Ian Clarkson, Policy Principal, Strategic Policy, Planning, Performance [item 3]

Dan  Houseago,  Group  Director   Economy  &  Partnerships,  Growth, Housing and Environment [item 3]

Kellie Boydens , Scrutiny Officer

 

Agenda matter

Action

1. Records of Meetings

The Panel noted and approved the records of meetings held on 27th and 28th June 2019.

 

2.  Briefing: P.58/2019 - Draft Sanctions and Asset Freezing (Amendment) (Jersey) Law

The Panel received a briefing from officers regarding P.58/2019. It was noted that the amendment was a minor technical change to the original Law (which was passed on 6th December 2018) in that it would remove an inappropriate reference to persons designated by the United Nations. It would also ensure that all those who were made subject to an asset-freeze by the European Union or the UK could be designated for the asset-freeze imposed by Part 3 of the original Law (regardless of whether the United Nations required an asset-freeze).

 

3.  Quarterly Hearing with the Minister for Economic Development, Tourism, Sport and Culture

The Panel received the Minister for Economic Development, Tourism, Sport and Culture and accompanying Officers for a Quarterly Public Hearing. The proceedings were recorded in order that a transcript could be made.

 

 

4. Work Programme

The Panel briefly discussed its work programme and a possible review topic of small businesses in Jersey. The Panel agreed to defer the matter to its next meeting.

 

5. Future Meeting

The Panel noted that its next scheduled meeting would take place at 10:30am on 19th July in the Le Capelain room, States Building.

 

Present

Deputy David Johnson , Vice-Chairman Deputy Jess Perchard

Senator Kristina Moore

Apologies

Deputy Kirsten Morel , Chairman

Absent

 

In attendance

Senator Ian Gorst , Minister for External Relations

Connétable Richard Buchanan, Assistant Minister for External Relations Mark  Hoban,  Commissioner,  Jersey  Financial  Services  Commission (JFSC)

James  Silverston,  Director  of  Financial  Services,  Office  of  the  Chief Executive

Kellie Boydens , Scrutiny Officer

 

Agenda matter

Action

1.  Meeting  with  Minister  for  External  Relations  and  Mark  Hoban (Commissioner, JFSC)

The Panel met the Minister, Assistant Minister, Director of Financial Services and Mark Hoban (Commissioner, JFSC) to discuss the appointment of a new Chairman of the Board of JFSC Commissioners who would succeed Lord Eatwell of Stratton St Margaret. This meeting was held in private in accordance with the Freedom of Information (Jersey) Law 2011 (as amended) under Qualified Exemption Article 39.

 

Present

Deputy Kirsten Morel , Chairman Deputy David Johnson , Vice-Chairman Deputy Jess Perchard

Apologies

Senator Kristina Moore

Absent

 

In attendance

Kellie Boydens , Scrutiny Officer

 

Agenda matter

Action

1.  Work Programme

The Panel discussed its work programme and noted that the Government Plan was due to be lodged on 23rd July. It was anticipated that all Panels would review relevant projects contained in the Plan, as coordinated by the Government Plan Review Panel. In that regard, the Panel agreed that it would defer starting any new reviews until the Government Plan had been lodged.

Nevertheless the Panel discussed the possibility of undertaking a review on the small business environment in Jersey. The Panel noted that the consultation report on the Island Plan had included a section on "Protection of Employment Land" which explained that the loss of any size of site in employment could have an impact on the economy. It was agreed that the scope of this potential new review would be discussed further in due course.

 

Present

Deputy David Johnson , Vice-Chairman Senator Kristina Moore

Deputy Jess Perchard

Apologies

Deputy Kirsten Morel , Chairman

Absent

 

In attendance

Michael Byrne, Chief Executive, Channel Islands Competition and Regulatory Authorities (CICRA) [item 2]

Tim Ringsdore, Director, CICRA [item 2]

Sarah Livestro, Legal Director, CICRA [item2]

Kellie Boydens , Scrutiny Officer

 

Agenda matter

Action

1.  Records of Meetings

The Panel approved the records of its meetings held on 1st and 5th July 2019.

 

2.  Briefing: The Channel Islands Competition and Regulatory Authorities

The Panel met the Chief Executive, Director and Legal Director of CICRA to discuss current  work  and  other  pressing matters.  This  meeting  was  held  in  private  in accordance with the Freedom of Information (Jersey) Law 2011 (as amended) under Absolute Exemption Article 26.

 

3.  Jersey Sport

The Panel discussed Jersey Sport's intention to become a charitable organisation and its concern with the removal of the Minister for Economic Development, Tourism, Sport and Culture as the enforcer.

The Panel recalled that, during the Quarterly Hearing with the Minister on 5th July, he had advised that the Jersey Sport Board had tried to register the Jersey Sport Trust as a charity rather than the Jersey Sport Company as the charity.

It was noted that legal advice had confirmed that if the Jersey Sport Company was registered  as  a  charity,  there  would  be  no  issue  regarding  independence. Furthermore, there would be no need to remove the Minister as the enforcer on the Trust.

The Panel was no longer concerned about this issue as the Minister would continue to be the enforcer on the Trust. It agreed that no further action was required.

 

4.  Draft  Air  and  Sea  Ports  (Incorporation)  (Miscellaneous)  (Jersey) Regulations (P.68/2019)

The Panel noted that P.68/2019 had been lodged by the Minister for Economic Development, Tourism, Sport and Culture on 28th June 2019. The Panel noted that the Proposition called to transfer two staff members from the Ports of Jersey into the Government of Jersey and agreed that no further action was required.  

 

 

5.  Future Meetings

The Panel agreed to defer its next meeting scheduled for 2nd August to 9th August 2019.

 

Present

Deputy Kirsten Morel , Chairman Deputy David Johnson , Vice-Chairman Deputy Jess Perchard

Apologies

Senator Kristina Moore

Absent

 

In attendance

Kellie Boydens , Scrutiny Officer

 

Agenda matter

Action

1.  Records of Meetings

The Panel approved the records of its meetings held on 10th, 12th and 19th July 2019.

 

2.  Government Plan

The Panel received a briefing paper on the Government Plan and noted which projects had been assigned to it for review. The Panel noted that the project on the Rural Economy Strategy had been assigned to the Environment, Housing and Infrastructure  but  requested  that  it  was  assigned  back  to  the  Economic  and International Affairs Panel.

The Panel received a draft Scoping Document and Terms of Reference for the review. The Panel made a minor amendment to the Terms of Reference and approved the two documents.

The Panel agreed that letters would be drafted to the respective Ministers to inform them of the review and the Terms of Reference.  

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3.  Family Friendly Legislation

The Panel recalled that the Minister had formally responded to its report on family friendly legislation (S.R.9.2019). It was noted that the Panel was due to meet the Minister on Thursday 15th August at 9:30am to discuss the response and the Minister's plans to re-lodge the Proposition.

 

4.  Draft  Sanctions  and  Asset-Freezing  (Amendment  of  Law  -  Reporting Obligations) (Jersey) Regulations 201- (P.74/2019)

The Panel noted that P.74/2019 had been lodged by the Minister for External Relations and that it was due to receive a briefing on 19th August at 10:30am.

 

5.  Transferal of legislative functions from the Chief Minister to the Minister for Economic Development, Tourism, Sport and Culture (R.93/2019)

The Panel discussed R.93/2019, which was presented by the Chief Minister on 26th July  2019.  The  Panel  noted  that  political  responsibility  for  digital  economy, communications, data protection, and related policy responsibilities including the Island's cyber security policy, would be transferred to the Minister for Economic Development, Tourism, Sport and Culture.

 

 

6.  Future Meetings

The  Panel  agreed  that  it  would  meet  on  Friday  16th  August  to  discuss  the Government Plan review. The Panel noted that its next scheduled meeting would take place on Friday 6th September at 10:30am in the Le Capelain room, States Building.

 

Present

Deputy Kirsten Morel , Chairman Deputy David Johnson , Vice-Chairman

Apologies

Deputy Jess Perchard Senator Kristina Moore

Absent

 

In attendance

Connétable John Le Maistre, Vice-Chairman of the Environment, Housing and Infrastructure Panel

Deputy  Inna   Gardiner ,  Panel  Member,  Environment,  Housing  and Infrastructure Panel

Beth Gallichan, Fundraising Manager, Durrell Wildlife Conservation Trust

Kellie Boydens , Scrutiny Officer

 

Agenda matter

Action

1.  "Nature Connection" Briefing

It was noted that Durrell was an international charity which was founded in 1959 by Gerald Durrell. One of the commitments of Durrell was to save vulnerable animals from the risk of extinction. One recent initiative was "Nature Connection" which aimed to drive the "rewilding" of ecosystems so that they would be more functional, diverse and resilient.

Ms Gallichan advised that by 2025, Gerald Durrell would have celebrated his 100th birthday. Part of the nature connection initiative was to deliver significant change for threatened wildlife through a vision for conservation. To link with Gerald Durrell's 100th birthday, Durrell aimed to deliver, by 2025:

10 ecosystems across the word's major biomes being "rewilded"

100 threatened species on the road to recovery

500 endangered species projects working more effectively

1,000,000 people better connected with nature

In connection to the aims above, Durrell also provided the following goals:

Recover threatened or missing wildlife

Revive and rebuild ecosystems and natural processes

Reconnect people to the natural world

Responsibility for demonstrating he value of the natural world

Ms Gallichan explained that she had been involved in one goal in particular which was reconnecting people to the natural world. Part of her work included the "Go Wild Gorillas" project. It was noted that life-sized gorilla sculptures had been placed across the island leading people on a trail. One of the aims was to encourage people to discover the areas in which the gorillas were placed. The project also aimed to raise money to extend the gorilla enclosure.

 

 

As part of reconnecting people to the natural world through the nature connection initiative, Durrell had undertaken a survey in all primary schools in Jersey. The survey was restricted to Key Stage 2 (3 - 6 years) and 1012 responses were received. Ms Gallichan explained that the results showed that girls were more connected to nature than  boys.  The  results  also  showed  that  children  in  urban  schools  were  less connected to nature than those in rural schools.

Ms Gallichan explained that Durrell was committed to preserving the future of endangered animals and a part of this was to raise awareness and educate children on the importance of conservation. Durrell offered day trips and education sessions for schools which was funded by donors. It was noted that the Government of Jersey had previously funded the visits.

It was noted that Durrell had a number of global initiatives to save and recover threatened wildlife. In terms of local initiatives, the Panel asked whether Durrell would be involved in the Island Plan consultation and preservation of rural areas in Jersey. Ms Gallichan explained that it was possible for Durrell to be involved but this would be discussed further with the Chief Executive Officer.

 

Present

Deputy Kirsten Morel , Chairman Deputy David Johnson , Vice-Chairman Senator Kristina Moore

Apologies

Deputy Jess Perchard

Absent

 

In attendance

Deputy Judy Martin, Minister for Social Security

Deputy Jeremy Maçon, Assistant Minister for Social Security

Sue Duhamel, Director of Policy, Department for Strategic Policy, Performance and Population

Kate Morel , Policy Principal, Strategic Policy, Performance and Population

Kellie Boydens , Scrutiny Officer

 

Agenda matter

Action

1.  Family Friendly Legislation

The Panel met with the Minister, Assistant Minister and Officers from the Department for Strategic Policy, Performance and Population to discuss the re-lodging of family friendly employment rights. This meeting was held in private in accordance with the Freedom of Information (Jersey) Law 2011 (as amended) under Qualified Exemption Article 35.

 

Present

Deputy Kirsten Morel , Chairman Deputy David Johnson , Vice-Chairman Senator Kristina Moore

Apologies

Deputy Jess Perchard

Absent

 

In attendance

Kellie Boydens , Scrutiny Officer

 

Agenda matter

Action

1.  Government Plan Review

The Panel discussed the Government Plan review and individual projects that had been assigned to it from the Government Plan Review Panel.

The Panel agreed that Public Hearings would be organised for September and October.

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Present

Deputy Kirsten Morel , Chairman Deputy David Johnson , Vice-Chairman

Apologies

Deputy Jess Perchard

Absent

Senator Kristina Moore

In attendance

Dan Marcos, Head of International Compliance [item 1] Heather Mason, Assistant Legal Advisor [item 1] Mathew Waddington, Legislative Drafter [item 1] Victoria Bell, Legal Advisor [item 1]

Kellie Boydens , Scrutiny Officer

 

Agenda matter

Action

1.  Briefing: Sanctions and Asset-Freezing legislation

The Panel received a briefing from officers regarding two pieces of legislation - Sanctions and Asset-Freezing (Miscellaneous Amendments - Information)(Jersey) Order 2019 (R&O 65/2019) and Draft Sanctions and Asset-Freezing (Amendment of Law - Reporting Obligations) (Jersey) Regulations 201- (P.74/2019).

It was noted that the Ministerial Order related to Articles 3, 5 and 48 of the Sanctions and Asset-Freezing (Jersey) Law 2019.

In relation to P.74/2019 the officers explained that the Sanctions and Asset-Freezing Law provided for a number of improvements to Jersey's sanctions legislation. This included  the  introduction  of  specific  reporting  obligations  for  relevant  financial institutions  in  respect  of  Jersey  sanctions Orders.  As the  changes  would  limit reporting  obligations  to  relevant  financial  institutions,  the  Head  of  International Compliance advised that it was necessary to make an amendment to Part 6 of the Law to ensure that the legal gateway for the Jersey Financial Services Commission to share relevant sanction information with the Minister for External Relations was retained.

It was noted that P.74/2019 would also introduce an Order-making power for the Minister  to  extend  the  reporting  obligations  to  other  relevant  statutory  bodies, following consultation.

The Panel queried whether the legislation would have to be amended if delegated responsibility changed between Ministers. The Legislative Drafter explained that the Minister responsible was the Minister cited in the Sanctions and Asset-Freezing Law.

The Panel thanked the Officers for their time and they withdrew from the meeting.

 

2.  Government Plan Review

The Panel discussed the Government Plan review and individual projects that had been assigned to it from the Government Plan Review Panel.

 

Present

Deputy Kirsten Morel , Chairman Deputy David Johnson , Vice-Chairman Senator Kristina Moore

Apologies

Deputy Jess Perchard

Absent

 

In attendance

Kellie Boydens , Scrutiny Officer

 

Agenda matter

Action

1.  Government Plan Review

The Panel discussed the Government Plan review and individual projects that had been assigned to it from the Government Plan Review Panel. The Panel identified a list of potential questions in relation to each project.

 

2.  Channel Islands Lottery: Allocation of Proceeds from 2018 (P.87/2019)

The Panel noted that P.87/2019 had been lodged by the Minister for Economic Development, Tourism, Sport and Culture on 20th August. The Panel raised several concerns regarding the proposition and requested a meeting with either Officers or the Minister to discuss them further. The Panel noted that Deputy Kevin Pamplin had raised similar concerns about the proposition and asked whether he could also be invited to attend the meeting.

The meeting was confirmed to take place on 23rd August with Officers and both Assistant Ministers, namely Senator Steve Pallett and Deputy Montfort Tadier .

 

Present

Deputy Kirsten Morel , Chairman Deputy David Johnson , Vice-Chairman Senator Kristina Moore

Apologies

Deputy Jess Perchard

Absent

 

In attendance

Senator Steve Pallett, Assistant Minister, Economic Development, Tourism, Sport and Culture

Deputy  Montfort   Tadier ,  Assistant  Minister,  Economic  Development, Tourism, Sport and Culture

Darren Scott , Director, Economic Development

Deputy Kevin Pamplin

Kellie Boydens , Scrutiny Officer

 

Agenda matter

Action

1.  Channel Islands Lottery: Allocation of Proceeds from 2018 (P.87/2019)

The Panel met the Assistant Ministers and Director of Economic Development to discuss P.87/2019 which had been lodged by the Minister on 20th August. Senator Pallett apologised to the Panel because it had not been provided with a briefing before the proposition had been lodged. Parts of this meeting were held in private in accordance with the Freedom of Information (Jersey) Law 2011 (as amended) under Qualified Exemption Article 33.

It  was  noted  that  P.87/2019  called  for  the  States  to  agree  that  the  company "GrantScape" (UK registered charity) would distribute the proceeds of the Channel Island Lottery in Jersey for a 3-year period. It was noted that the proposition only stipulated 2018 proceeds and so additional propositions over the 3-year period would have to be lodged.

The Director explained that changes to the way in which proceeds from the lottery were handled had been in the pipeline since the former Senator Alan Maclean had been Minister (2009 - 2014). It was noted that over the years, there had been significant growth in proceeds from the lottery and a desire to utilise the proceeds to benefit the Jersey community more widely.

By way of background, it was advised that the decision making process for allocating funds  from  the  lottery  to  establish  a  reserve  was  the  Minister  for  Economic Development,  Tourism,  Sport  and  Culture's  responsibility  but  the  States  was responsible for the distribution of the remaining funds that constituted the lottery's profit. In that regard, propositions were lodged each year to ask the States to agree where the proceeds would be paid.

Currently,  the  allocation  was  usually  undertaken  by  the  Association  of  Jersey Charities, subject to States' approval. The Department had undertaken work during 2017 to examine the feasibility of a mechanism to ensure that lottery proceeds were

 

 

accessible to a range of community organisations who were not registered charities since the Charities (Jersey) Law 2014 had come into force. The Director advised that this work had been undertaken in union with the then Chief Minister's Department.

A tendering process had been conducted in early 2019, and the Director explained that the response from GrantScape had offered many benefits which had not been included in any of the other submissions. Furthermore, the Director explained that GrantScape had been the preferred bidder due to the quality of the proposal, value for money and the benefits to Jersey.

In terms of how the allocation of proceeds would be managed, Senator Pallett explained  that  GrantScape  would  provide  back  office  expertise  and  a  support function to a local decision making panel. It was noted that it was highly likely that representatives from the Association of Jersey Charities would sit on the decision panel. GrantScape would also ensure that all meetings of the panel were recorded and published.

It was noted that P.87/2019 proposed that the proceeds would be distributed as follows:

40% registered charities and voluntary groups

20% arts and culture

20% heritage

20% sport and active living

The Panel explained that it was not concerned with how the proceeds would be divided but, rather, whether they would be used to fund government's commitments in these areas. For example, Deputy Tadier had lodged a proposition on 4th April 2019, which had been accepted by the States to increase revenue expenditure on arts, heritage and culture (P.40/2019). The Director explained that this was not possible and was known as "additionality". The principle of "additionality" decreed that money should go only to projects that would not have gone ahead with normal public sector funding.

The Panel explained that it had been disappointed with the way in which the proposition had been drafted. It was the Panel's view that the proposition lacked the necessary detail particularly in times where there was public concern over the use of UK consultants and organisations.

The Panel thanked the Assistant Ministers and Director for their time and they withdrew from the meeting.

 

Present

Deputy Kirsten Morel , Chairman Deputy David Johnson , Vice-Chairman Senator Kristina Moore

Apologies

Deputy Jess Perchard

Absent

 

In attendance

John Vautier, Rural Business Advisor, Growth, Housing and Environment [item 1]

Kellie Boydens , Scrutiny Officer

 

Agenda matter

Action

1.  Rural Economy Strategy

The Panel met the Rural Business Advisor to discuss the Rural Economy Strategy and the corresponding project in the Government Plan. This meeting was held in private in accordance with the Freedom of Information (Jersey) Law 2011 (as amended) under Qualified Exemption Article 35.

 

2.  Government Plan

The Panel agreed to meet on 4th September to discuss its review of the Government Plan.

 

Meeting held by electronic mail

Date:  3rd September 2019

 

Present

Deputy Kirsten Morel , Chairman Deputy David Johnson , Vice-Chairman Senator Kristina Moore

Deputy Jess Perchard

Apologies

 

Absent

 

In attendance

Kellie Boydens , Scrutiny Officer

 

Agenda matter

Action

1.  Channel Islands Lottery: Allocation of Proceeds from 2018 (P.87/2019)

The Panel agreed that it would undertake a review of P.87/2019 and tasked the Officer to draft a Scoping Document and Terms of Reference. The Panel also agreed to co-opt Deputy Kevin Pamplin onto the Panel.

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Date:  4th September 2019

 

Present

Deputy Kirsten Morel , Chairman Deputy David Johnson , Vice-Chairman Senator Kristina Moore

Apologies

Deputy Jess Perchard

Absent

 

In attendance

Kellie Boydens , Scrutiny Officer

 

Agenda matter

Action

1.  Government Plan

The Panel discussed the capital investment projects which had been assigned to it from the Government Plan Review Panel. It was noted that some projects related to information technology crossed over with the Corporate Services Scrutiny Panel. In that regard, the Panel discussed whether a joint Public Hearing should be held with the Chief Operating Officer (who was the project lead for some of the technology related projects).

The Panel also discussed the possibility of engaging expertise to provide expert opinion on the technology related projects. It was agreed that this would be discussed with the Corporate Services Scrutiny Panel in due course.

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Date:  5th September 2019

 

Present

Deputy Kirsten Morel , Chairman Deputy David Johnson , Vice-Chairman Senator Kristina Moore [item 1 only]

Apologies

Deputy Jess Perchard

Absent

 

In attendance

Tony Moretta, Chief Executive Officer, Digital Jersey [item 1] Lloyd Adams, Head of Strategy, Digital Jersey [item 1]

Stephanie Peat, Director, Digital and Telecoms Policy [item 2]

Jonathan Van-Neste, Assistant Legal Advisor, Law Officers' Department [item 2]

Kellie Boydens , Scrutiny Officer

 

Agenda matter

Action

1.  Government Plan: Meeting with Digital Jersey

The Panel met the Head of Strategy and the Chief Executive Officer of Digital Jersey to discuss the Government Plan and the project on Digital Jersey Growth. Parts of this meeting were held in private in accordance with the Freedom of Information (Jersey) Law 2011 (as amended) under Qualified Exemption Article 35.

The Panel met the Head of Strategy and the Chief Executive Officer of Digital Jersey to discuss the Government Plan and the project on Digital Jersey Growth. The CEO explained that Digital Jersey was dedicated to the growth of the digital sector. In terms of the budget, the CEO explained that most of Digital Jersey's budget was taken-up by staff costs, premises (rent), information technology, the website and marketing. The CEO also advised that costs were increasing, for example the ongoing costs for premises had increased.

It was noted that Digital Jersey had submitted a bid within the Government Plan to acquire additional funding to support the growth of the digital sector. The CEO explained that this would cover baseline running costs for the expanded Digital Jersey Hub and grow Digital Jersey's capability by increasing the marketing budget as  well  as  expanding  the  team,  adding  a  FinTech  Ambassador,  a  Head  of Technology, a Head of Operations, a Business Development Manager and a Project Manager.

The CEO explained that Digital Jersey had originally bid for more money to deliver these plans, however, had been advised that the level of funding needed to be decreased. As a result, the CEO explained that not all of the workstreams could be delivered within the decreased bid. For example the new post for Head of Technology had been filled at a more junior level. Similarly, the CEO advised that the post of Project Manager would not be filled in 2020 but may be filled on a temporary basis, if required.

 

 

In terms of the marketing budget, the CEO explained this was an important element of the additional funding. It was noted that around £100,000 had been allocated for this budget which would be used to achieve a greater presence at targeted events off-island.

The CEO advised that the additional funding would also be used to resource Digital Jersey's core grant from base budgets rather than through uncertain Ofcom (UK communications regulator) income. It was noted that, currently, revenue collected by Ofcom from fees and payments was passed to the States Treasury, which was then transferred to Digital Jersey. The CEO explained that there was no way of knowing how much revenue would be transferred from year to year.

The Panel explained that in addition to the project on Digital Jersey Growth, it was also reviewing a project on the Digital Policy Framework. In that regard, the Panel asked the CEO whether there was any duplication between the two projects. For example, one of Digital Jersey's objectives as an organisation was to "support sustainable economic growth in Jersey's Digital Industry as measured by sector contribution to GVA (Goods Value Added), job creation and the number and health' of digital businesses". Within the business case summary for the project on the Digital Policy Framework, the Panel highlighted that there was a similar objective of "support the growth of Jersey's digital sector leading to a measurable improvement in GVA (Goods Value Added), jobs and/or productivity within five years".

The CEO agreed that there seemed to be a crossover but explained that the remit and function of the Digital Policy Unit (who were delivering the framework) was related to cyber security, regulation and telecom  and General Data Protection Regulation (GDPR) which were not the functions of Digital Jersey.

The Panel thanked the CEO and Head of Strategy for their time and they withdrew from the meeting.

 

2.  Draft  Electronic  Communications  (Amendment  of  Law)  (Jersey) Regulations 201- (P.86/2019)

The Panel met the Director of Digital and Telecoms Policy (Office of the Chief Executive) and the Assistant Legal Advisor (Law Officer's Department) to discuss P.86/2019.

The Director explained that the amendment aimed to clarify the provisions around electronic information, electronic signatures and the making of contracts by electronic means. It was noted that the Electronic Communications Law 2000 was dated, and the use and acceptance of electronic documentation had progressed significantly since the Law had been implemented. It was noted that Jersey Finance and Digital Jersey had raised the issue of the electronic execution of documents.

The Panel noted that regulation 2, which would amend article 11 in the Law, permits a States entity to give information in writing by means of electronic communication only with consent. It was agreed that there was a degree of uncertainty with the definitions around States entity and public authority. The Assistant Legal Advisor explained that work was being undertaken by the Law Officers Department in order to make this clearer.

The Panel thanked the Director and Assistant Legal Advisor for their time and they withdrew from the meeting.

 

Date:  6th September 2019

 

Present

Deputy Kirsten Morel , Chairman Deputy David Johnson , Vice-Chairman Senator Kristina Moore

Deputy Jess Perchard

Apologies

 

Absent

 

In attendance

Keith Beecham, Chief Executive Officer, Visit Jersey [item 2] Kevin Keen, Chair, Visit Jersey [item 2]

Joe Moynihan, Chief Executive Officer, Jersey Finance [item 3] Amy Bryant, Deputy Chief Executive Officer, Jersey Finance [item 3]

Kellie Boydens , Scrutiny Officer

 

Agenda matter

Action

1.  Records of Meetings

The Panel noted and approved the records of its meetings held on 12th, 14th, 15th, 16th, 19th and 21st August 2019.

 

2.  Government Plan Review

The Panel noted that a number of briefings and public hearings had been organised during September and October.

 

3.  Government Plan: Meeting with Visit Jersey

The Panel met the Chief Executive Officer (CEO) and Chair of Visit Jersey for a meeting to discuss the "Promoting Jersey" project in the Government Plan.

The Panel noted that the Promoting Jersey project was largely in relation to Visit Jersey – Route Marketing. The purpose of the project was to achieve a year-round visitor economy to raise productivity in the tourism sector. In order to achieve year- round visitors to Jersey, the CEO explained that marketing had been focussed on out-of-season visits to the island.

The CEO explained that the Ports of Jersey were responsible for the commercial negotiations regarding air and sea route connectivity. Visit Jersey was responsible for targeted marketing campaigns to stimulate off-season demand for travel to Jersey. Alongside this focussed work, Visit Jersey also worked closely with the hospitality sector in order to develop products. For example, the CEO advised that wellness events could stimulate winter travel particularly as there were a number of spas in Jersey. Another example given was sporting events, which could be popular amongst the sporting community.

The CEO provided the Panel with a number of statistics which demonstrated that there had been an increase in the number of winter visitors. He explained that between October – March 2015 there had been 113,000 visitors to Jersey of which

 

 

79,000 had been holiday visitors. Between October 2018 and March 2019 there had been 227,000 visitors to Jersey of which 116,000 had been holiday visitors.

The CEO explained that there were a number of challenges regarding off-season tourism. Within the hospitality industry some hotels closed during the winter months due to difficulties with obtaining staff licenses. Furthermore, it was noted that some holiday visitors had identified some issues with the cost of accommodation. The Chair of Visit Jersey explained that there was a gap in the market in terms of self- catering accommodation.

The Panel noted that the additional investment required for the project was £500,000 in 2020, 1 million in 2021, £900,000 in 2022 and £850,000 in 2023. The CEO explained that in 2020 Visit Jersey would continue building relationships with airlines and would work closely with the Ports of Jersey. For years 2021 – 2023 work would focus on providing more opportunities for potential travellers.

The Panel asked whether recruitment featured within the growth bid. The CEO explained that additional resources may be required for the marketing campaign but there were no plans currently to recruit.

Within the summary business case, the Panel noted that there was a project to secure professional rugby in Jersey between the years 2021 – 22. The business case stated that short-medium term funding was required to secure the longer-term future of professional rugby in Jersey which had the annual economic benefit to Jersey of up to £2.1 million. The Panel asked whether Visit Jersey had any involvement in this project and the CEO explained that professional rugby had not been included in the Visit Jersey growth bid.

The Panel thanked the CEO and Chair for their time and they withdrew from the meeting.

 

4.  Government Plan: Meeting with Jersey Finance

The Panel met the Chief Executive Officer and Deputy Chief Executive Officer for a meeting to discuss the "Jersey Finance Growth" project in the Government Plan. It was noted that the additional investment required for this project was £830,000 in 2020,  £830,000  in  2021,  £830,000  in  2022  and  £830,000  in  2023.  The  CEO explained that the growth bid was to support two measures, the New York Office (£400,000) and Jersey Finance's ability to influence overseas markets (£430,000). It was noted that the growth bid was less than originally bid for and therefore some activity had been scaled back as a result.

The CEO explained that Jersey Finance was currently exploring ways to raise additional funding from member subscriptions. It was noted that a number of new strands had been added to its membership including fintech membership.

In relation to the measure regarding the New York Office, the CEO explained that a business case had been developed in 2018. This had been approved and had been incorporated into the growth bid in the Government Plan in terms of baseline funding for 2020 onwards. The CEO explained that Jersey Finance had a good relationship with the External Relations Team and that both parties were familiar with each other's work streams.

The Panel thanked the CEO and Deputy CEO for their time and they withdrew from the meeting.

 

 

5.  Channel Islands Lottery: Allocation of Proceeds from 2018 (P.87/2019) The Panel deferred the discussion on P.87/2019 until its next meeting.

 

6.  Forthcoming Propositions

The Panel noted that a number of propositions had been lodged which came under its remit:

  1. P.80/2019  -  Draft  Charities  (Transitional  Provision)  (Amendment)  (Jersey) Regulations 201 (lodged on 14th August by the Minister for External Relations)
  2. P.81/2019 - Draft Banking Business (Depositors Compensation) Amendment No.2 (Jersey) Regulations 201 (lodged on 14th August by the Minister for External Relations)
  1. P.86/2019 - Draft Electronic Communications (Amendment of Law) (Jersey) Regulations 201- (lodged on 20th August by the Chief Minister)

The Panel noted that it was due to receive a briefing on P.80/2019 on Wednesday 11th September and a briefing on P.81/2019 on Friday 13th September. The Panel recalled that it had received a briefing from officers on P.86/2019 on 5th September and that a marked-up version of the legislation was due to be received.

 

7.  Future Meetings

The Panel noted that its next scheduled meeting would take place on Friday 20th September at 10:00am in the Le Capelain room, States Building. The Panel noted that some members were out of the island the week commencing 23rd September but a quarterly hearing with the Minister for External Relations had been scheduled for Friday 27th September. The Panel agreed that the quarterly hearing should be rescheduled to take place later in the year.

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Meeting held by electronic mail

Date:  9th September 2019

 

Present

Deputy Kirsten Morel , Chairman Deputy David Johnson , Vice-Chairman Senator Kristina Moore

Deputy Jess Perchard

Apologies

 

Absent

 

In attendance

Kellie Boydens , Scrutiny Officer

 

Agenda matter

Action

1.  Channel Islands Lottery: Allocation of Proceeds from 2018 (P.87/2019)

The Panel noted that P.87/2019 had been withdrawn by the Minister for Economic Development, Tourism, Sport and Culture.

 

Present

Deputy Kirsten Morel , Chairman Deputy David Johnson , Vice-Chairman Senator Kristina Moore

Apologies

Deputy Jess Perchard

Absent

 

In attendance

John Mills, Charity Commissioner

Louise Richardson, Lead Policy Advisor: Private Wealth, Financial Services

Richard Jouault, Executive Officer, Jersey Charity Commission

Sammy McKee , Scrutiny Officer

 

Agenda matter

Action

1. Draft Charities (Transitional Provisions) (Amendment) (Jersey) Regulations 201-

The Panel received John Mills, Jersey Charity Commissioner, Louise Richardson, Lead Policy Advisor, Financial Services and Richard..for a briefing in relation to P.80/2019  Draft  Charities  (Transitional  Provisions)  (Amendment)  (Jersey) Regulations 201- ("the draft Regulations").

It was noted that The Charities (Jersey) Law 2014 (Appointed Day) Act 2018 was made by the States on 6th March 2018. The Appointed Day Act set 1st May 2018 as the date on which certain provisions of the Charities (Jersey) Law 2014 would come into force, so that entities could apply to register as charities from this date. The Charities (Transitional Provisions) (Jersey) Regulations 2018 were also approved by the States on 6th March 2018 and brought into force the provisions on the use of the expression "charity" on 1st January 2019, and changes to taxation on 31st December 2019. This enabled entities who, immediately before the commencement of these Regulations, were entitled to exemptions from income tax to continue to receive an exemption status during 2019 if they had applied for this exemption in 2018 and their application had yet to be determined by the Charity Commissioner.

The  draft  Regulations, if  adopted  by  the  States,  would  amend  the transitional provisions to extend the tax exemptions (referred to above) for another year (2020). It was noted that the draft Regulations only impacted entities that applied for a charitable status before the end of 2018 and whose applications had not been finally determined before the end of 2019.

The Panel was advised that, to date, 477 applications had been received, 7 of which had  since  been  withdrawn.  Out  of  the  remaining  470  entities,  204  had  been registered on the public register and 229 were outstanding or in the process, whereby a preliminary review with the Commissioner had taken place, and the application required further engagement with the applicant or third parties before a decision could be taken. It was noted that 37 of those applications had been received since 1st January 2019. It was further noted that 50 of the applicants were considered "restricted" entities, which means that they do not ask for or receive public donations

 

 

but still donate funds to charity. It was noted that these particular applications were complex and would take a while to solve.

The Panel asked the Charity Commissioner whether more resources would help to address the issue of outstanding applications. The Commissioner advised the Panel that, as stated in his Annual Report, he believed that current resources were sufficient for now but would have to be reviewed on a continual basis. The Panel was advised that there was currently 1 FTE in position to support the Commissioner. The Panel was further advised, however, that the Commissioner would be recommending to the Minister for Economic Development, Tourism and Sports and Culture that going forward 2 FTEs would be required.

The Panel discussed the role of the Commissioner in instances where charities were partly funded by the States of Jersey (by way of grants). The Commissioner advised the Panel that it was not his responsibility to ensure that charities was operating in accordance with their Service Level Agreement with the States of Jersey. Rather, it was his responsibility to ensure the charity were operating in accordance with their objectives and had not deviated greatly from their original objects.

The Panel noted that the draft Regulations would fall away after 2020, once the transitional period had finished. The Commissioner advised the Panel that he did not anticipate that the transitional period would be extended beyond 2020.

The Panel thanked the Charity Commissioner and Officers for providing the briefing.

 

Present

Deputy Kirsten Morel , Chairman Deputy David Johnson , Vice-Chairman Senator Kristina Moore

Apologies

Deputy Jess Perchard

Absent

 

In attendance

Senator Ian Gorst , Minister for External Relations

Kate Nutt, Group Director, External Relations

Richard Corrigan, Group Director, Financial Services and Digital Rebecca Millar , Principal External Relations Officer, Global Markets Gary Eisner, Scrutiny Officer

 

Agenda matter

Action

1. Public Hearing with the Minister for External Relations

The Panel met the Minister for External Relations for a Public Hearing. The Minister was accompanied by officers from the External Relations unit. A recording of the hearing was made so that a transcript could be produced.

 

Present

Deputy Kirsten Morel , Chairman Deputy David Johnson , Vice-Chairman Senator Kristina Moore

Apologies

Deputy Jess Perchard

Absent

 

In attendance

James Silverstone, Director, Financial Services

James Roberts, Lead Policy Advisor, Financial Services Andy Harris , Scrutiny Officer

 

Agenda matter

Action

1. Draft Banking Business (Depositors Compensation) (Amendment No.2) (Jersey) Regulations 201- (P.81/2019)

The Panel received James Silverstone, Director, Financial Services and James Roberts,  Lead  Policy  Advisor,  Financial  Services  for  a  briefing  in  relation  to P.81/2019 Draft Banking Business (Depositors Compensation) (Amendment No.2) (Jersey) Regulations 201- ("the draft Regulations").

It was noted that the Bank Depositor Compensation Scheme ("the Scheme") had been established to provide protection for certain bank deposits held in Jersey should a bank no longer be in a position to immediately return deposits to depositors (i.e. if the bank defaulted). It was noted that the scheme was currently governed by the Jersey Bank Depositors Compensation Board ("the Board") which was independent of the States and Ministers. The Panel agreed to request further details of the Board, including its constitution.

It was explained that the purpose of the draft regulations was twofold. The draft regulations would allow greater information gathering powers for the Board in order for it to collect information about the deposits held in Jersey banks. It was noted that at present the Board did not have the ability to collect this information, and in the event of a bank defaulting it would be required to undertake a lengthy manual process to identify and return deposits where applicable. It was explained that the proposed changes intended to be underpinned by a system whereby, if the scheme was triggered, information about protected deposits could be automatically processed in order for deposits to be returned quickly to depositors, irrespective of the bank in which it was held.

The draft Regulations also reinstated offences in relation to banks withholding information to the Board or of attempting to defraud the scheme. It was noted that the offences were originally covered by the Banking (Depositors Compensation Supplementary Provisions) (Jersey) Regulations 2012 ("the triennial regulations"), however, these had now lapsed. Under the draft Regulations, the offences would be placed on a permanent footing.

The Panel noted that Regulation 7 amended the primary regulations by inserting Regulation 35B (Disclosure of information). It was noted that this regulation set out the instances in which the Board could disclose information it had collected for the purposes of administering the scheme and to which individuals or organisations (i.e.

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the Minister, Jersey Financial Services Commission (JFSC) or any person enabling or assisting the Board). It was questioned whether this would in fact allow access to individuals personal data to a wide range of people. It was explained that this was intended to assist the Board when expediting the scheme.

The Panel raised specific concern around the wording of 35B(2)(d) which provided that any person could receive information subject to various caveats within the regulation. It was noted that the Board commissioned a Professional Services Team to administer the scheme on its behalf and they would be required to access the information for these purposes. The Panel maintained its concern that the current drafting could lead to a large number of people having access to incredibly sensitive personal data. It was explained that it was not expected that this would be an issue, however, the Officers agreed to review this element of the regulations and revert to the Panel.

It was explained that if adopted, regulation 35A would be inserted into the regulations which would govern the powers of the Board to gather information. It was noted that the  powers  were  based  on the  JFSC  powers  of  information gathering.  It  was explained that whilst these powers were broad, it was designed to allow the Board to request information immediately in the event of the scheme being required. It was noted that having this information prior to any bank defaulting would allow the Board to test the system regularly in order for it to administer the scheme quickly should the need arise. The Panel was advised that international best practice advice had been received in relation to the requirement for testing. The Panel requested that this advice be shared with it.

It was noted that the scheme itself was subject to a wider review of the governance surrounding the potential default of local banks. It was noted that in other jurisdictions a Bank Resolution Authority would work with the parent company of a bank in the event that it failed in order to manage the fallout. It was expected that a similar authority would be established in Jersey that would be aligned with the Scheme.

The Panel thanked the Officers for attending and agreed it would be beneficial to arrange a follow up meeting in order to discuss the legislation further.

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Present

Deputy Kirsten Morel , Chairman Deputy David Johnson , Vice-Chairman Senator Kristina Moore

Apologies

Deputy Jess Perchard

Absent

 

In attendance

Senator  Lyndon   Farnham ,  The  Minister  for  Economic  Development, Tourism, Sport and Culture

Senator  Steve  Pallett,  Assistant  Minister  for  Economic  Development, Tourism, Sport and Culture

Dan Houseago, Group Director for Economy and Partnerships

John Rogers, Director General, Growth, Housing and Environment

Darren Scott , Director, Economic Development

Phillip Ashley, Digital Policy Unit

Kellie Boydens , Scrutiny Officer

 

Agenda matter

Action

1. Government  Plan:  Public  Hearing  with  the  Minister  for  Economic Development, Tourism, Sport and Culture

The Panel received the Minister for Economic Development, Tourism, Sport and Culture and accompanying Officers for a Public Hearing to discuss the Government Plan. The proceedings were recorded in order that a transcript could be made.

 

Present

Deputy Kirsten Morel , Chairman Deputy David Johnson , Vice-Chairman

Apologies

Senator Kristina Moore Deputy Jess Perchard

Absent

 

In attendance

Kellie Boydens , Scrutiny Officer

 

Agenda matter

Action

1.  Records of Meetings

The Panel approved the records of its meetings held on 23rd and 29th August 2019 and 3rd, 4th, 5th, 6th and 9th September 2019.

 

2.  Government Plan

The Panel approved several letters to stakeholders seeking their views on various projects within the Government Plan. The Panel also approved letters to the Chief Minister, Minister for Home Affairs and the Minister for the Environment regarding projects and capital investment projects under their remit.

The Panel noted that it was due to hold a Public Hearing with the Minister for International Development on 1st October and a second Public Hearing with the Minister for Economic Development, Tourism, Sport and Culture on 4th October.  

 

3.  Family Friendly Legislation

The Panel noted that the Minister for Social Security had lodged P.100/2019 which were the revised proposals in relation to family friendly employment rights. The Panel discussed whether any amendments were necessary and agreed that the matter would be discussed further at a meeting on 2nd October. The officer advised that a meeting request would be sent in due course.

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4.  Draft Banking Business (Depositors Compensation) (Amendment No.2) (Jersey) Relations (P.81/2019)

The Panel recalled that it had received a briefing on P.81/2019 on Friday 13th September. It was noted that during the briefing, it was agreed that a second briefing would be held to discuss the proposition further.

The officer advised that the briefing would take place on 3rd October.

 

5.  Draft Shops (Regulation of Opening) (Amendment) (Jersey) Regulations (P.93/2019)

The Panel noted that the Minister for Economic Development, Tourism, Sport and Culture had lodged P.93/2019 which proposed Sunday trading.

The officer advised that a briefing on the proposition had been organised for 7th October.

 

 

6.  Future Meetings

The Panel noted that its next scheduled meeting would take pace on 4th October 2019 at 10:30am in the Le Capelain room, States Building.

 

Present

Deputy Kirsten Morel , Chairman Deputy David Johnson , Vice-Chairman

Apologies

Senator Kristina Moore Deputy Jess Perchard

Absent

 

In attendance

Deputy Carolyn Labey , Minister for International Development Simon Boas, Director, Jersey Overseas Aid

Kellie Boydens , Scrutiny Officer

 

Agenda matter

Action

1.  Government  Plan:  Public  Hearing  with  the  Minister  for  International Development

The Panel received the Minister for International Development and Chief Executive Officer of Jersey Overseas Aid for a Public Hearing to discuss the Government Plan. The proceedings were recorded in order that a transcript could be made.

 

Present

Deputy Kirsten Morel , Chairman Deputy David Johnson , Vice-Chairman Senator Kristina Moore

Apologies

Deputy Jess Perchard

Absent

 

In attendance

Kellie Boydens , Scrutiny Officer

 

Agenda matter

Action

1.  Family Friendly Legislation

The Panel recalled that it had agreed to discuss whether to lodge amendments to P.100/2019, the revised proposals regarding family friendly legislation. The Panel discussed and agreed three amendments:

  1. To extend the notice period from 28 days to 42 days
  2. To insert a sub-paragraph under Article 55F to include the consideration of other employees within an organisation
  3. To reduce the parental leave period from 52 weeks to 26 weeks

The Panel agreed that the report to the amendments and a draft follow up report would be discussed at its next meeting on 3rd October.

 

2.  Channel Islands Lottery: Allocation of Proceeds from 2018 (P.105/2019)

Following the withdrawal of P.87/2019, the Panel noted that P.105/2019 had been lodged by the Minister for Economic Development, Tourism, Sport and Culture on 24th September. It was understood that the proposition was an interim measure which allocated £1 million of the funds to the Association of Jersey Charities. This would enable continuity of distribution of funds to community organisations until new arrangements for future distribution were in place.

The Panel recalled that it had met the Assistant Minister for Economic Development, Tourism, Sport and Culture and the Director of Economic Development on 23rd August to discuss the original proposition (P.87/2019). During that meeting, it was understood that proceeds could not be distributed in part and that they had to be dealt with at the same time. The Panel noted that P.105/2019 only allocated part of the lottery proceeds. The Panel tasked the officer to seek clarification on this issue.

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Present

Deputy Kirsten Morel , Chairman Deputy David Johnson , Vice-Chairman Senator Kristina Moore [Item 3]

Apologies

Deputy Jess Perchard

Absent

 

In attendance

James Silverstone, Director, Financial Services [items 1 and 2] James Roberts, Lead Policy Advisor, Financial Services [item 1] Gregory White, Legal Advisor, Law Officers' Department [item 1] Mathew Waddington, Senior Legislative Drafter, States Greffe [item 1]

Senator Ian Gorst , Minister for External Relations [Item 2]

David Walwyn, Director, External Relations [Item 2]

Matthew Berry, Senior Legal Advisor, Law Officers' Department [Item 2]

Kellie Boydens , Scrutiny Officer

 

Agenda matter

Action

1.  Draft Banking Business (Depositors Compensation) (Amendment No.2) (Jersey) Relations (P.81/2019)

The Panel received James Silverstone, Director, Financial Services, James Roberts, Lead Policy Advisor, Financial Services, Gregory White, Legal Advisor and Mathew Waddington, Senior Legislative Drafter for a briefing on P.81/2019 Draft Banking Business (Depositors Compensation) (Amendment No.2) (Jersey) Regulations 201-

It was noted that the Bank Depositor Compensation Scheme had been established to provide protection for certain bank deposits held in Jersey should a bank no longer be  in  a  position  to  immediately  return  deposits  to  depositors  (i.e.  if  the  bank defaulted). It was noted that the scheme was currently governed by the Jersey Bank Depositors Compensation Board. When the Panel last met the officers on Friday 13th September, it had questioned whether allowing the Board to disclose information collected for the purposes of administering the scheme would allow access to individuals' personal data to a wide range of people.

The officers explained that the fundamental reason for granting the Board information gathering powers was to ensure that the scheme would be ready to pay out if the scheme was triggered. The Panel was advised that the Board intended to test the scheme with data from one or two banks to identify any issues and to inform the creation of a standardised format through which depositor data would have to be submitted by banks should they fail (known as a Single Customer View).

It was noted that the Single Customer View was a standardised format by which banks would be required to store depositor data, so if the scheme was triggered it would make no difference which bank failed as the data would be provided in the same format.

The proposed gateways in P.81/2019 would allow the Board to share information under certain restricted circumstances with various bodies. These powers stemmed

 

 

from Article 42 of the Banking Law. Article 42 provides that no person, which would include the Board and its agents, should disclose information without the consent of the person to whom it related and the person from whom it was received. It was noted that an offence would be committed should this happen, which was punishable by 2 years imprisonment or a fine (or both).

The Panel asked if the Information Commissioner had been consulted during the development of the Regulations. The officers explained that the Commissioner had not been involved. The Panel advised that it would seek the views of the Information Commissioner and revert back in due course. It was noted that the proposition was currently scheduled for debate on 22nd October 2019.

The Panel thanked the officers for their time and they withdrew from the meeting.

 

2.  Briefing on World Trade Organisation Memorandum of Understanding

The Panel received the Minister for External Relations, David Walwyn, Director of External Relations and Matthew Berry, Senior Legal Advisor, for a briefing on the World Trade Organisation Memorandum of Understanding. This meeting was held in private in accordance with the Freedom of Information (Jersey) Law 2011 (as amended) under Qualified Exemption Article 41.

 

3.  Family Friendly Legislation

The Panel received a draft amendment and follow-up report in relation to its review of family friendly legislation. The Panel made several minor amendments to the report accompanying its amendment and it was agreed that a final version would be circulated over email for final approval.

The Panel agreed that it would consider the draft follow-up report over email and, if necessary, meet during the week commencing 7th October to discuss it further.

 

Present

Deputy Kirsten Morel , Chairman Deputy David Johnson , Vice-Chairman Senator Kristina Moore

Apologies

Deputy Jess Perchard

Absent

 

In attendance

Senator Lyndon Farnham , Minister for Economic Development, Tourism, Sport and Culture

Senator  Steve  Pallett,  Assistant  Minister  for  Economic  Development, Tourism, Sport and Culture

Dan Houseago, Group Director for Economy and Partnerships

Darren Scott , Director, Economic Development

Richard Corrigan, Group Director, Financial Services and Digital Economy

Kellie Boydens , Scrutiny Officer

 

Agenda matter

Action

1. Government  Plan:  Public  Hearing  with  the  Minister  for  Economic Development, Tourism, Sport and Culture

The Panel received the Minister for Economic Development, Tourism, Sport and Culture and his officers for a Public Hearing to discuss the Government Plan. The proceedings were recorded in order that a transcript could be made.

 

Present

Deputy Kirsten Morel , Chairman Deputy David Johnson , Vice-Chairman Deputy Jess Perchard

Apologies

Senator Kristina Moore

Absent

 

In attendance

Senator Lyndon Farnham , Minister for Economic Development, Tourism, Sport and Culture

Ian Clarkson, Policy Advisor, Strategic Policy, Performance and Population Tracy Mourant, Private Secretary, Ministerial Support Unit

Kellie Boydens , Scrutiny Officer

 

Agenda matter

Action

1.  Briefing on Draft Shops (Regulation of Opening) (Amendment) (Jersey) Regulations 201- (P.93/2019)

The Panel met the Minister and his officers for a briefing on Sunday trading. It was noted that P.93/2019 provided a mechanism for shops with a retail sales area (in excess of 700 square meters) to trade for a period not exceeding 6 hours on Sundays through the year.

The current position in relation to Sunday trading was that the Shops (Regulation of Opening and Deliveries) (Jersey) Law 2010 and the Shops (Regulation of Opening) (Jersey) Regulations 2011 prohibited shops from opening on Sundays an on other specified dates unless the shop fell within an exempt category or the occupier of the shop had obtained a permit from the relevant Connétable that authorises opening.

It was noted that there were three types of permit:

  1. General permit – granted to small shops and also to certain large shops that focussed on service provision, but which had a small retail sales area.
  2. Single permit – granted to shops of any size but which may only authorise opening on a single Sunday, Good Friday and/or Liberation Day.
  3. Blanket permit – authorise any shops, or shops of a specified description, to open  on  Sunday  that  had  been  designated  by  the  Minister  as special occasions.

In  2017,  the  then  Economic  Development  Department  commissioned  4insight (research consultant) to carry out a retail consumer survey. The results showed that the majority of respondents were in favour of Sunday trading with a preference for 10am – 4pm year round opening.

The Panel referred to its report "Retail in Jersey" which made a recommendation relating to Sunday trading:

 Recommendation  14:  When the  Minister  for Economic  Development brings  forward  proposals  to  deregulate  Sunday  trading,  appropriate protections for staff in terms of religious beliefs and adequate days in lieu

 

 

should be included. The effects on out of town convenience stores, should also be monitored.

The Panel noted that this had been accepted in principle by the Minister. The Panel asked what safeguards would be put in place should the legislation be adopted. The Minister explained that consideration had been given to the provision of safeguards within the legislation, but it had been agreed that this was not the right approach for a  number  of  reasons.  The  reasons  included  that  retailers  were  facing  a  tight employment market and therefore should be motivated to consult and respond to the needs of their existing workforce or risk losing staff to other employers. Furthermore, Sunday working was already a reality in a large number of small shops and there had not been a call to impose an opt-out on smaller businesses that were already employing staff on Sundays.

The Panel also asked whether any analysis had been undertaken on the impact Sunday trading may have on children. For example, if parents were asked to work on a Sunday which in the past had been trditionally seen as a "family day". The Minister advised that it had not been considered, but that Policy Officers within Strategic Policy, Performance and Population would be monitoring and undertaking further work in this area. It was also advised that the work would include monitoring the effects Sunday trading may have on convenience stores, as per the Panel's recommendation.

The Panel thanked the Minister and officers for their time and they withdrew from the meeting.

The Panel discussed the proposals and agreed that Comments should be presented ahead of the debate on 22nd October 2019. The Panel asked that the Comments include the Panel's concern around the impact the proposals may have on children. The  Panel  also  requested  that  the  proposals  were  sent  to  the  Children's Commissioner for her views.

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Present

Deputy Kirsten Morel , Chairman Senator Kristina Moore

Deputy Jess Perchard

Apologies

Deputy David Johnson , Vice-Chairman

Absent

 

In attendance

Kellie Boydens , Scrutiny Officer

 

Agenda matter

Action

1. Family Friendly Legislation

The Panel received a copy of its draft follow-up report on the proposals to extend family  friendly  employment  rights.  After  making  minor  amendments  the  Panel approved the report and agreed that it would be formally presented on Friday 11th October.

 

Present

Deputy Kirsten Morel , Chairman Deputy David Johnson , Vice-Chairman Deputy Jess Perchard

Apologies

Senator Kristina Moore

Absent

 

In attendance

Senator Ian Gorst , Minister for External Relations

Kate Nutt, Group Director, External Relations

Frederick Holmes, Senior External Relations Officer, External Relations Julia Fulukiya, Senior External Relations Officer, London Office

Kellie Boydens , Scrutiny Officer

 

Agenda matter

Action

1. Government Plan Review

The Panel met the Minister for External Relations and his officers to discuss three actions contained in the Government Plan:

  1. Deliver year 1 of the European Relations Strategy 2020-23
  2. Continue to invest in Jersey's overseas offices
  3. Ensure that Jersey continues to engage effectively with relevant multilateral bodies

The actions were linked to the project "continuation of external relations funding (CSP3-1-06)".

Deliver  year  1  of  the  European  Relations  Strategy  2020-23:  The  Minister explained that this was a plan to nurture and enhance Jersey's relationships with European Union (EU) Member States with influence over EU policy developments, particularly in respect of financial services and tax.

The Minister explained that one strand of its work had included a Portuguese language agreement with schools. This agreement involved teaching Portuguese in schools and including cultural aspects in the curriculum.

Continue to invest in Jersey's overseas offices: The Minister explained that this action would ensure strong engagement with both UK and EU stakeholders in order to protect and support Jersey's interests.

Ensure that Jersey continues to engage effectively with relevant multilateral bodies: The Senior External Relations Officer explained that part of his role was to engage with multilateral bodies such as the World Bank, Commonwealth and World Trade Organisation. By ensuring that Jersey continued to engage effectively with these types of bodies would ensure that Jersey was recognised as a responsible and transparent jurisdiction committed to international standards.

The Panel thanked the Minister and his officers for their time and they withdrew from the meeting.

 

 

2. Family Friendly legislation

The Panel noted that its follow up report (S.R.11/2019) had been presented and that its amendment to the draft Law had been lodged. The Panel considered one part of its amendment which was to increase the notice period from 28 days to 42 days and discussed whether an amendment to its amendment was necessary to remove the period of time for the notice period and instead insert that the notice period should be in line with an employee's employment contract.

The Panel requested that this was discussed with the Legislative Drafter.

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Present

Deputy Kirsten Morel , Chairman Deputy David Johnson , Vice-Chairman Deputy Jess Perchard

Apologies

Senator Kristina Moore

Absent

 

In attendance

Kellie Boydens , Scrutiny Officer

 

Agenda matter

Action

1. Records of Meetings

The Panel approved the records of its meetings held on 12th, 13th, 17th and 20th September 2019 and 1st, 2nd, 3rd and 4th October 2019.

 

2. Government Plan Review

The Panel noted that it was due to hold a Public Hearing with the Assistant Minister for Economic Development, Tourism, Sport and Culture on Monday 21st October to discuss  the  remaining  capital  projects  that  had  been  assigned  to  it  by  the Government Plan Review Panel.

The Panel noted that the report was being drafted and agreed to meet on Thursday 24th October 2019 to discuss the first draft.

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3. External Relations Governance

The Panel discussed governance arrangements within External Relations and noted that some workstreams and official documents were not being scrutinised. The Panel agreed that it would investigate the matter once the Government Plan review had been completed. In that regard it noted that the matter would be included in the Panel's work programme for consideration in November.

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4. Family Friendly Legislation

The Panel noted that its follow up report (S.R.11/2019) was presented on 11th October.

 

5. Sunday Trading

The Panel received a draft Comments paper on the Draft Shops (Regulation of Opening) (Amendment) (Jersey) Regulations (P.81/2019). The Panel made minor amendments and approved the document. It was agreed that the paper should be sent to the Publications Editor for formal lodging.

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6.  Draft Banking Business (Depositors Compensation) (Amendment No.2) (Jersey) Regulations 201- (P.81/2019)

The  Panel  noted  that,  in  light  of  the  concerns  raised  by  the  Information Commissioner, the proposition had been deferred for debate until 12th November. The Panel agreed to discuss the matter further at its meeting on 24th October.

 

 

7. Future Meetings

The Panel noted that its next scheduled meeting would take place on 1st November 2019.

 

Present

Deputy Kirsten Morel , Chairman Deputy Jess Perchard

Apologies

Deputy David Johnson , Vice-Chairman Senator Kristina Moore

Absent

 

In attendance

Senator  Steve  Pallett,  Assistant  Minister  for  Economic  Development, Tourism, Sport and Culture

John Rogers, Director General, Growth, Housing and Environment

Darren Scott , Director, Economic Development

Barclay Harvey, Head of Operations, Growth, Housing and Environment

Kellie Boydens , Scrutiny Officer

 

Agenda matter

Action

1.  Government Plan Review: Public Hearing with the Assistant Minister for Economic Development, Tourism, Sport and Culture

The Panel received the Assistant Minister for Economic Development, Tourism, Sport and Culture and accompanying Officers for a Public Hearing to discuss the Government Plan. The proceedings were recorded in order that a transcript could be made.

 

Present

Deputy Kirsten Morel , Chairman Deputy David Johnson , Vice-Chairman Senator Kristina Moore

Deputy Jess Perchard

Apologies

 

Absent

 

In attendance

Kellie Boydens , Scrutiny Officer

 

Agenda matter

Action

1.  Government Plan Review

The Panel received a first draft of its report on the Government Plan and made minor amendments to the "red, amber green" ratings. In that regard, the Panel agreed to lodge  two  possible  amendments.  The  first  was  to  increase  funding  for  the replacement of sports facilities and the second was to remove the funding allocated to the Financial Stability Board. The Panel noted that these would be drafted in due course for approval.

The Panel noted that its report would be sent to stakeholders for factual checking on Monday 28th October.

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Present

Deputy Kirsten Morel , Chairman Senator Kristina Moore

Apologies

Deputy David Johnson , Vice-Chairman Deputy Jess Perchard

Absent

 

In attendance

Douglas   Melville ,  Principal  Ombudsman  and  Chief  Executive  Channel Islands Financial Ombudsman (CIFO)

David Thomas, Chairman, Board of Channel Islands Financial Ombudsman Darren Scott , Director, Economic Development

Matthew Waddington, Senior Legislative Drafter

Kellie Boydens , Scrutiny Officer

 

Agenda matter

Action

1. Records of Meetings

The Panel approved the records of the meetings held on 7th, 9th, 11th and 18th October.

 

2.  Briefing: Draft Financial Services Ombudsman (Case-Fee, Levy and Budget

– Amendment No.2) (Jersey) Regulations 201 – (P.111/2019)

The Principal Ombudsman provided the Panel with an overview of the structure of the Channel Islands Financial Ombudsman (CIFO). It was noted that, in Jersey, the States Assembly approved the Financial Services Ombudsman (Jersey) Law in 2014 which came into force on 16th November that year.

In terms of its governance arrangements, the CIFO was a joint operation between Jersey and Guernsey, which operated from a shared office in Jersey. It was noted that the CIFO's operation was overseen by the Office of the Financial Services Ombudsman boards (in both Jersey and Guernsey), appointed jointly by the Minister for  Economic  Development,  Tourism,  Sport  and  Culture  and  the  Guernsey Committee for Economic Development. CIFO's operation was funded by industry through levies and case fees so that no taxpayer funding was required. CIFO's legislation in both Jersey and Guernsey established CIFO's independence and set out its various requirements.

Under its scope, the Panel noted that the CIFO covered complaints concerning:

Deposit-taking

Credit

Money services

Insurance

Investments

Pensions

The cost of the CIFO was split equally between Jersey and Guernsey under a Memorandum of Understanding. When the CIFO's mandate was being developed, it

 

 

was unclear what volume of customer complaints would be received from the two islands. As a result, it was agreed that the Memorandum of Understanding would be an interim basis until the funding structure of CIFO could be revisited to ensure the 50:50 split was fit for purpose and fair to the respective financial sector in both Jersey and Guernsey.

In 2017, the CIFO undertook a consultation process with industry stakeholders in both  Jersey  and  Guernsey  to  identify  a  new  funding  structure.  Based  on  the consultation responses a proposed approach was approved by the CIFO's board of directors in October 2018.

Under the proposed funding structure, the previous 50:50 split of CIFO would cease. Under the new structure for the annual levies, it was noted that levies would be split between Jersey and Guernsey and the total levy would be divided among all the registered providers in both bailiwicks. For example, a Jersey bank would pay the same as a similar Guernsey bank, and a Guernsey investment business would pay the same as a similar Jersey investment business. If a financial services provider was a registered provider in both bailiwicks, it would be required to pay the relevant levy in respect of each bailiwick.

The Financial Ombudsman explained that, as the 50:50 would cease, the most efficient and effective way to enable the new funding structure was to combine the finances of the two Offices of Financial Services Ombudsman for accounting and reporting purposes. Therefore, P.111/2019 (lodged by the Minister for Economic Development, Tourism, Sport and Culture on 21st October) made provision to allow the finances of the Financial Services Ombudsman schemes in Jersey and Guernsey to be combined.

The Panel thanked the attendees of the briefing for their time and they withdrew from the meeting.

 

3. Government Plan

The Panel noted that it was due to meet on 4th November 2019 to approve the final version of its report.

 

4.  Draft Banking Business (Depositors  Compensation) (Amendment No.2) (Jersey) Regulations 201- (P.81/2019)

The Panel received a draft Comments paper on P.81/2019. The Panel agreed to consider the Comments and discuss the matter again at its next meeting.

 

5.  Question Plan: Quarterly Hearing with the Minister for External Relations

The Panel received a draft question plan in preparation for the quarterly hearing with the Minister for External Relations on 8th November. The Panel agreed to add further questions via email.

 

6.  Future Meetings

The Panel noted that its next scheduled meeting would take place on 22nd November 2019 in the Le Capelain room, States Building.

 

Present

Deputy Kirsten Morel , Chairman Deputy David Johnson , Vice-Chairman Senator Kristina Moore

Apologies

Deputy Jess Perchard

Absent

 

In attendance

Kellie Boydens , Scrutiny Officer

 

Agenda matter

Action

1. Government Plan

The Panel approved its final report and agreed that it would be submitted to the Government Plan Review Panel for formal presentation.

The Panel discussed its amendments and in particular the amendment to remove the project on the Financial Stability Board and its funding. The Panel requested changes to the report accompanying the amendment. The Panel was advised that the deadline for amendments was Friday 8th November. In that regard, the Panel agreed that it would approve both amendments via email.

 

2.  Draft Banking Business (Depositors Compensation) (Amendment No.2) (Jersey) Regulations 201- (P.81/2019)

The Panel discussed P.81/2019 and agreed that, due to its workload with the Government Plan review, it had not been able to afford sufficient time to reviewing the proposition in detail. In that regard, the Panel would request that the Minister for External Relations defers the proposition until the first States sitting in January.

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3.  Channel Islands Lottery: allocation of proceeds from 2018 (P.105/2019)

The Panel received a draft Comments paper and made minor changes. The Panel approved the Comments and noted that they would be formally presented in due course.

 

Present

Deputy Kirsten Morel , Chairman Deputy David Johnson , Vice-Chairman Senator Kristina Moore

Deputy Jess Perchard

Apologies

 

Absent

 

In attendance

Russel Waite, Founder, Affinity Private Wealth Julia Warr ander, Founder, Affinity Private Wealth

Kellie Boydens , Scrutiny Officer

 

Agenda matter

Action

1. Meeting on sustainable investing

The Panel met Russel Waite (Founder, Affinity Private Wealth) and Julia Warr ander (Founder, Affinity Private Wealth) for a meeting to discuss sustainable investing. Ms Warr ander provided the Panel with a brief overview of Affinity explaining that it was a private wealth company regulated by the Jersey Financial Services Commission.

Mr Waite  explained  that  sustainability  meant  making  economic  prosperity  long lasting, more socially inclusive and less dependent on exploitation of finite resources and the natural environment. Mr Waite advised that, over the last decade, this theme had permeated financial markets and the rationale for sustainable investing had gained support within the sector. It was noted that the United Nations had estimated that $5 to $7 trillion per annum was needed to meet the 17 Sustainable Development Goals (SDGs) by 2030. The SDGs were:

  1. No poverty
  2. Zero hunger
  3. Good health and wellbeing
  4. Quality education
  5. Gender equality
  6. Clean water and sanitation
  7. Affordable and clean energy
  8. Decent work and economic growth
  9. Industry innovation and infrastructure
  10. Reduced inequalities
  11. Sustainable cities and communities
  12. Responsible consumption and production
  13. Climate action
  14. Life below water
  15. Life on land
  16. Peace, justice and strong institutions
  17. Partnerships for the goals

It was noted that the seventeenth goal meant that companies offering solutions to the challenges should be working in partnership with the private sector, governments and non-government organisations (and vice-versa).

 

 

Ms Warr ander explained that the government could play a role in sustainable investing  such  as  supporting  local  businesses  who  were  mobilising  capital for sustainable investment. It was Ms Warr ander's view that a sustainable investment option should also be available for pensions members.

The Panel thanked Mr Waite and Ms Warr ander for their time and they withdrew from the meeting.

 

Present

Deputy Kirsten Morel , Chairman Deputy David Johnson , Vice-Chairman Senator Kristina Moore

Deputy Jess Perchard

Apologies

 

Absent

 

In attendance

Kellie Boydens , Scrutiny Officer

 

Agenda matter

Action

1. Records of Meetings

The Panel approved the records of its meetings held on 21st and 28th October and 1st, 4th and 8th November 2019.

 

2. External Relations Governance

The Panel received a briefing paper on how the role of the Minister for External Relations had been established since the report on the Machinery of Government in Jersey was published in 2000.

The Panel discussed the governance arrangements and processes around the Department and agreed to undertake a short review into the matter. The Panel noted that a draft Scoping Document and Terms of Reference for the review would be circulated in due course.

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3.  Draft Dormant Bank Accounts (Jersey) Law 2017 (Appointed Day) (No.2) Act 201- (P.116/2019)

The Panel noted that P.116/2019 had been lodged by the Minister for External Relations. It was noted that the Dormant Bank Accounts (Jersey) Law 2017 had introduced a regime for the transfer, to the Jersey Reclaim Fund, of funds in accounts held  in  Jersey  banks  which  had  been  dormant  for  at  least  15  years.  Monies transferred  under  the  regime  may  be  used  to  cover  the  costs  of  the  Charity Commissioner and for charitable purposes (as specified in the Law).

The majority of the Law came into force in July 2017, formally establishing the Jersey Reclaim Fund, and enabling the regime for the reporting and transfer of dormant banks accounts by the banks. It was noted that P.116/2019 would bring into force Article 20 (and connected provisions) which dealt with distributions from the Fund. If the Act was approved, the relevant Ministerial Orders could be made which set out policies and procedures for dealing with distribution. In addition, an independent organisation would be  appointed to determine recipients of any distribution as required by Article 20, and if appropriate, to make a distribution from the Fund.

The Panel requested that a letter was drafted to the Minister for External Relations requesting further information on the independent organisation mentioned in the Act and when it was likely that a Ministerial Order would be made.

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4.  Draft  Banking  Business  (Depositor  Compensation)  (Amendment  No.2) (Jersey) Regulations (P.81/2019)

The Panel noted that the debate on P.81/2019 had been deferred until 21st January 2020. The Panel agreed that it was likely to propose an amendment to the legislation. In that regard, it agreed to discuss the matter in further detail at its next meeting on 6th December.

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5.  Work Programme 2020

The Panel received a draft Work Programme which detailed possible reviews which could be undertaken during 2020. The Panel discussed three possible areas of interest which included the small business environment in Jersey, the Ports of Jersey and sustainability in the finance sector. It was agreed that briefing papers would be drafted on each area so that an informed decision could be made at its next meeting.

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6.  Briefings and Visits 2020

The Panel agreed that it would organise several visits and/or briefings throughout 2020 with various stakeholders including the Sustainable Cooperative (Scoop) which aimed to create a more sustainable supply of food on the island, Jersey Dairy, utility companies and the Medicinal Cannabis Farm.

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7.  Meeting dates 2020

The Panel agreed to maintain its current meeting day of Friday mornings.

 

8.  Future Meetings

The Panel noted that its next scheduled meeting would take place at 10:30am on Friday 6th December 2019 in the Le Capelain room, States Building.

 

Date:  6th December 2019

 

Present

Deputy Kirsten Morel , Chairman Deputy David Johnson , Vice-Chairman

Apologies

Senator Kristina Moore Deputy Jess Perchard

Absent

 

In attendance

Senator  Steve  Pallett,  Assistant  Minister  for  Economic  Development, Tourism, Sport and Culture

Darren   Scott ,  Director,  Economic  Development,  Growth,  Housing  and Environment

Kellie Boydens , Scrutiny Officer

 

Agenda matter

Action

1. Records of Meetings

The Panel approved the records of its meetings held on 21st and 22nd November 2019.

 

2. Jersey Aircraft Registry

The Panel met the Assistant Minister and the Director of Economic Development for a briefing on the Jersey Aircraft Registry (JAR). The Director provided the Panel with an overview of the JAR and explained that it was launched in 2015  to attract registration of high-value private and corporate aircrafts. Although it was expected that the registry would generate a sufficient income, it had not attracted the amount of interest anticipated.

The  Director  explained  that  in  2018,  the  Minister  for  Economic  Development, Tourism, Sport and Culture had formally invited Ports of Jersey Ltd to assume operational control of the JAR. The invitation had been extended following a review of the original JAR business model and negotiations with a number of parties. The Panel asked about the operation of the Jersey Ships' Registry and the Director advised that in 2016, it had successfully transferred from the States of Jersey and had re-established itself under the Ports of Jersey.

In terms of the Ports of Jersey Ltd assuming responsibility for the JAR, the Director advised that a Memorandum of Understanding had been drafted. Since 2018, the Ports of Jersey had been working with the Government of Jersey to determine how the Registry would operate, including the appointment of a qualified Registrar and the award of a contract for the commercial function.

In March 2019, the Ports of Jersey had administered a procurement process in order to engage a third party to manage the digital aircraft records. The Assistant Minister invited the Panel to attend a further follow-up briefing once the third party had been formally appointed.

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3.  Draft  Banking  Business  (Depositor  Compensation)  (Amendment  No.2) (Jersey) Regulations (P.81/2019)

The Panel agreed that it would discuss P.81/2019 at its meeting on 9th December 2019.

 

4.  Small Business Environment

The Panel received a briefing paper on the small business environment in Jersey. The Panel agreed to undertake a review into the matter and requested that a Scoping Document and Terms of Reference were drafted for approval before the end of the year. The Panel agreed that its review would cover four main areas including premises, regulatory requirements, recruitment and government policy.

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5.  Ports of Jersey Ltd

The Panel received a briefing paper on the Ports of Jersey Ltd which provided background information on its incorporation. The Panel agreed that the briefing paper would provide a starting point, should it undertake a review in the future.

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6.  Review of Processes within External Relations

The Panel received a draft Scoping Document and Terms of Reference for its review of the processes within external relations. The Panel acknowledged that the review was about process rather than a specific topic area but agreed that the formal procedures for establishing a review should be followed. The Panel agreed to approve the documents via email.

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7.  Meeting dates 2020

The Panel approved its meeting list for 2020. It was noted that it would meet on Friday mornings at 10:45am.

 

8.  Future Meetings

The Panel noted that its next scheduled meeting would take place at 10:45am on Friday 17th January 2020 in the Le Capelain room, States Building.

 

Economic and International Affairs Scrutiny Panel

Record of Meeting

Date:  9th December 2019

 

Present

Deputy Kirsten Morel , Chairman Deputy David Johnson , Vice-Chairman Deputy Jess Perchard

Apologies

Senator Kristina Moore

Absent

 

In attendance

Matthew Waddington, Senior Legislative Drafter Kellie Boydens , Scrutiny Officer

 

Agenda matter

Action

1.  Draft  Banking  Business  (Depositor  Compensation)  (Amendment  No.2) (Jersey) Regulations (P.81/2019)

The Panel discussed P.81/2019 and considered two possible amendments. The first was to remove the Minister for External Relations from having access to deposit holder's data, and the second was whether to insert that data should be encrypted.

The Panel discussed the possible amendments with the Senior Legislative Drafter and agreed that in relation to the amendment that data should be encrypted, it would seek the Information Commissioner's views in the first instance. In relation to the amendment to remove the Minister for External Relations from accessing data, the Panel requested that the amendment was drafted so that it could be discussed with the Minister.

The Panel thanked the Senior Legislative Drafter for his time and he withdrew from the meeting.

The Panel recalled that the Information Commissioner had previously expressed concerns about the data sharing elements of the Regulations. It was noted that the Lead Policy Advisor for Financial Services (Office of the Chief Executive) had met with the Information Commissioner to try and address his concerns. In that regard, the Lead Policy Advisor had advised that an agreed way forward was a commitment from  the  Bank  Depositor  Compensation  Scheme  Board  to  consult  with  the Information Commissioner prior to using the new powers to collect depositor data from banks.

The Panel requested that, in addition to asking the Information Commissioner for his views on the possible encryption amendment, he was also asked to provide the Panel with an update about whether his concerns had been addressed.

 

Economic and International Affairs Scrutiny Panel

Record of Meeting

Date:  12th December 2019

 

Present

Deputy Kirsten Morel , Chairman Deputy David Johnson , Vice-Chairman

Senator Kristina Moore

Apologies

Deputy Jess Perchard

Absent

 

In attendance

Dan  Houseago,  Group  Director   Economy  &  Partnerships,  Growth, Housing and Environment

Nick Vaughn, Chief Economic Adviser, Office of the Chief Executive

Greg Boyd, Senior Economist, Office of the Chief Executive

Chris Patton, Future Economy Programme Manager (contracted)

Kellie Boydens , Scrutiny Officer

 

Agenda matter

Action

1.  Future Economy Programme: Briefing

The Panel met officials from the Government of Jersey for a briefing on the Future Economy Programme. The Programme Manager provided the Panel with a brief overview of the framework and explained that it intended to provide structure and direction in order to drive sustainable economic growth, productivity improvements and wider economic wellbeing. The purpose of the framework was to also inform decision making, identify investment priorities and facilitate a sustainable, vibrant economy for Jersey.

Amongst other things, the Economic Framework would deliver a programme of priority projects to gather evidence to support economic policy and priority investment projects. The projects would be managed and delivered by different government departments to deliver short, medium and long-term plans for Jersey's economy.

The  outcome  of  the  Programme  was  to  deliver  the  Common  Strategic  Policy commitments to:

Sustain a vibrant economy

Provide a skilled local workforce for the future

Deliver an economic framework to improve productivity

It was noted that a Political Oversight Group (POG) had been established which comprised of several Ministers. The purpose of the POG was to provide political steer of the Programme. Its specific objectives were:

Provide oversight, on behalf of the Council of Ministers, for the Future Economy Programme

Receive reports and provide progress updates to CoM on the Programme

Determine  appropriate  decision  making  reporting  procedures  for  each task/project related to the Programme

 

 

 To inform Scrutiny, the Public Accounts Committee and States Assembly on progress and decision making.

The Group Director of Economy and Partnerships explained that the Department had already produced an Outline Economic Framework which had been authored by Deloitte. The report had identified a long-list of priority projects and a number of recommendations around the research that was required before the Economic Framework could be finalised. The Panel requested a copy of the Deloitte report and the Terms of Reference.

The Programme Manager advised that the Government Plan had identified the additional investment required  to develop the Programme. Investment included appointing a third-party Strategic Partner to validate the prioritisation of the list of projects and to validate Deloitte's design of the Economic Framework (which formed part of the Outline Economic Framework).

In terms of the process for procuring a Strategic Partner, it was noted that the POG had approved the process in October 2019 and that an expression of interest had been issued on the Channel Islands Portal in December 2019. The target date for awarding a contract was 31st March 2020.

The Panel thanked the officers for their time and they withdrew from the meeting.

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