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Legal Aid Review Panel - Approved Minutes - 2019

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Legal Aid Review Panel

Records of Meetings

Year: 2019

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

Chair

Deputy Steve Ahier

Date: 6th March 2019

 

Present

Constable Richard Vibert Deputy David Johnson Deputy Rob Ward

Apologies

Deputy Steve Ahier

Absent

 

In attendance

Simon Spottiswoode, Scrutiny Officer

 

Agenda matter

Action

1.  Draft Access to Justice (Jersey) Law

The Panel recalled its previous work on the draft Access to Justice (Jersey) Law (P.50/2018) and that the draft law had been withdrawn by the Chief Minister in July 2018, to allow further work on the proposals. The Panel also recalled that an amended version of the draft law had been due to be lodged in the autumn of 2018, but had not been.

The Panel noted that the draft law had been lodged on 25th February 2019 as P.23/2019 and was due to be debated by the States Assembly on 30th April 2019.

The Panel reviewed the content of the draft law and noted that it included certain changes identified by the Panel in previous discussions with government officials. The  Panel  also  noted  that  the  proposition  included  draft  Legal  Aid  Scheme Guidelines which would be considered by the Legal Aid Guidelines Commission, should the draft law be approved.

The Panel agreed to undertake scrutiny of the draft law and also agreed to issue a press release announcing the Panel's review.

It was agreed that it would be important in the Panel's work to clearly differentiate between the draft law as an enabling law and the development of the Legal Aid Scheme Guidelines.

The Panel recalled that a call for evidence document had been drafted as part of its earlier work. It was agreed to review this document at the Panel's next meeting.

SS

Date: 13th March 2019

 

Present

Deputy Steve Ahier Deputy David Johnson Deputy Rob Ward

Apologies

Constable Richard Vibert

Absent

 

In attendance

Simon Spottiswoode, Scrutiny Officer

 

Agenda matter

Action

1.  Draft Access to Justice (Jersey) Law – Call for evidence

Recalling its previous work on the draft Access to Justice (Jersey) Law, the Panel agreed to write to key stakeholders to invite them to update or submit further evidence in relation to the review.

The Panel also reviewed a draft call for evidence and noted that it would be updated and provided to the Justice and Home Affairs Department for factual accuracy checking before being published.

The Panel approved a press release in relation to the continuation of its review. The Panel discussed and agreed provisional dates for public hearings.

 

Date: 3rd April 2019  

 

Present

Deputy Steve Ahier Deputy David Johnson Deputy Rob Ward

Apologies

Constable Richard Vibert

Absent

 

In attendance

Sir William Bailhache , Bailiff

Simon Spottiswoode, Scrutiny Officer

 

Agenda matter

Action

1.  Public Hearing with the Bailiff

The Panel received the Bailiff for a public hearing on the Draft Access to Justice (Jersey) Law. The hearing was recorded and transcribed.

 

Date: 5th April 2019  

 

Present

Deputy Steve Ahier , Chairman Deputy David Johnson

Constable Richard Vibert (Item 1 only) Deputy Rob Ward

Apologies

 

Absent

 

In attendance

Mrs Bridget Shaw, Magistrate (Item 1 only)

Senator John Le Fondré, Chief Minister (Item 2 only) David Le Marquand, Policy Principal (Item 2 only) Dennis Dixon, Legal Adviser (Item 2 only)

Simon Spottiswoode, Scrutiny Officer (Item 1 only) Nikita Hall , Scrutiny Officer, (Item 2 only)

Theodore Stone, Assistant Scrutiny Officer

 

Agenda matter

Action

1.  Draft  Access  to  Justice  (Jersey)  Law   Public  Hearing  with  the Magistrate

The Panel received the Magistrate for a public hearing on the Draft Access to Justice (Jersey) Law. The hearing was recorded and transcribed.

 

2.  Draft Access to Justice (Jersey) Law – Public Hearing with the Chief Minister

The Panel received the Chief Minister and officers for a public hearing on the Draft Access to Justice (Jersey) Law. The hearing was recorded and transcribed.

After the witnesses had withdrawn, the Panel discussed the next steps in respect of collation of the evidence received and the drafting of the report. The Panel reviewed a list of the key themes that had been collated from the evidence received to date. The Panel agreed that it would need to review the transcripts of the public hearings before finalising its Heads of Report.

The Panel also discussed possible amendments to the draft law, arising from the evidence it had received. It agreed to pursue two amendments to the law and noted that law drafting instructions would be prepared.

 

Electronic Record of Meeting

Date: 11th April 2019

 

Present

Deputy Steve Ahier , Chairman Constable Richard Vibert Deputy Rob Ward

Absent

Deputy David Johnson

In attendance

Simon Spottiswoode, Scrutiny Officer

 

Agenda matter

Action

1.  Draft Access to Justice (Jersey) Law - amendments

The Panel noted that law drafting instructions had been prepared in relation to the amendments it had agreed. The Panel approved the law drafting instructions for forwarding to the legislative drafter.

 

Electronic Record of Meeting

Date: 12th April 2019

 

Present

Deputy Steve Ahier , Chairman Constable Richard Vibert Deputy Rob Ward

Absent

Deputy David Johnson

In attendance

Simon Spottiswoode, Scrutiny Officer

 

Agenda matter

Action

1.  Draft Access to Justice (Jersey) Law - amendments

The Panel noted receipt of draft amendments to the draft Access to Justice Law and approved the amendments for submitting to the Greffier for lodging with the States Assembly.

 

Record of Meeting

Date: 23rd April 2019

 

Present

Deputy Steve Ahier , Chairman Deputy David Johnson

Deputy Rob Ward

Apologies

Constable Richard Vibert

Absent

 

In attendance

Simon Spottiswoode, Scrutiny Officer

 

Agenda matter

Action

1.  Draft Access to Justice (Jersey) Law

The Panel noted that a draft of its final report on the draft Access to Justice (Jersey) Law had been circulated prior to the meeting. The Panel reviewed the draft report and agreed amendments. It was agreed that, subject to the amendments to the report being made, the body of the report could be circulated to stakeholders for factual accuracy checking.

SS

Record of Meeting

Date: 26th April 2019

 

Present

Deputy Steve Ahier , Chairman Deputy David Johnson Constable Richard Vibert Deputy Rob Ward

Apologies

 

Absent

 

In attendance

Andy Harris , Scrutiny Officer

Theodore Stone, Assistant Scrutiny Officer

 

Agenda matter

Action

1.  Draft Access to Justice (Jersey) Law

The Review Panel agreed that it would withdraw its amendment to the Draft Access to Justice (Jersey) Law 2019 in light of further consultation with stakeholders. The Officer advised that this decision would be relayed to the Chairmen's Committee.

The Panel approved a minor change to its draft report that reflected this decision and agreed that the report and accompanying news release could be distributed to States Members and the media under embargo before formal presentation on Monday 29th April.

AH

Record of Electronic Meeting

Date: 16 August 2019

 

Present

Deputy Steve Ahier , Chairman Deputy David Johnson Constable Richard Vibert Deputy Rob Ward

Apologies

 

In attendance

Simon Spottiswoode, Scrutiny Officer

 

Agenda matter

Action

1.  Records of Meetings

The Panel approved the following records of meetings:

  • 19 September 2018
  • 18 October 2018 (public and private)
  • 2 November 2018
  • 6 March 2019
  • 13 March 2019
  • 3 April 2019
  • 5 April 2019
  • 11 April 2019
  • 12 April 2019
  • 23 April 2019
  • 26 April 2019