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Children, Education and Home Affairs Scrutiny Panel
Records of Meetings
Year: 2020
The following records of meetings have been approved by the Panel. Signed
Chair
Deputy Rob Ward
Present | Deputy Rob Ward , Chair Deputy Trevor Pointon |
Apologies | Deputy Rowland Huelin, Vice-Chair |
Absent |
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In attendance | Andy Harris , Committee and Panel Officer |
Agenda matter | Action |
1. Records of Meetings The Panel noted and approved the record of the meeting held on 16th December 2019. |
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2. Building a Safer Society Strategy (BaSS) Briefing Paper The Panel noted a briefing paper providing details of the Building a Safer Society Strategy (BaSS) that had recently lapsed at the end of 2019. It was recalled that this matter had been raised as a suggested topic to examine by a member of the public. The Panel also noted that is was due to receive Officers from the Department for Justice and Home Affairs (JHA) for a briefing on Wednesday 15th January in respect of the Target Operating Model (TOM) for JHA and the ongoing work to bring forward a new drugs and alcohol strategy. It was agreed that, given the relevance of the BaSS to the drugs and alcohol strategy, the Panel would ask further questions about it during the briefing. |
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3. Teacher Recruitment and Retention Review The Panel received a draft question plan for the public hearing with the Minister for Education. The Panel discussed and agreed additional questions and requested the Officer to circulate an updated version for further consideration. It was noted that the public hearing with the Minister for Education had been moved from 2pm on Thursday 16th January to the new time of 2pm on Friday 24th January. It was recalled that during the call for evidence all three of the teaching Unions had been written to in order to gather their views, however, none had responded with a submission. It was agreed that given the importance of the Union's views on this matter, the Panel would write once more to offer them the opportunity to contribute. The Panel noted that it had received a letter from the Head Teacher of St. Michael's Preparatory School inviting it to visit the school and discuss their experience of recruiting and retaining teachers. The Panel noted potential dates for the visit and requested the Officer to arrange accordingly. | AH AH AH |
4. Government Plan The Panel noted that a joint response from the Ministers for Education and Home Affairs had been presented on Friday 10th January. The Panel reviewed the document and agreed to incorporate follow up questions on the responses within the next scheduled quarterly public hearings with the respective Ministers. | AH |
5. Draft Rehabilitation of Offenders (Exceptions) (Amendment No.2) (Jersey) Regulations 201- The Panel recalled that its Comments in respect of P.104/2019 Draft Rehabilitation of Offenders (Exceptions) (Amendment No.2) (Jersey) Regulations 201- had been presented on 17th December 2019. It was noted that the debate was due to continue in second reading at the next States sitting on Tuesday 21st January. The Panel requested that a document highlighting the key points contained within the comments be circulated to assist in preparation for the debate. | AH |
6. Care of Children in Jersey Review Panel The Chair updated the Panel on the work of the Care of Children in Jersey Review Panel. It was noted that the Review Panel had received a Ministerial Response to its report on the Government Plan and its report S.R.12/2019 Response to the Care Inquiry: Update Report November 2019 in early January 2020, however, these had yet to be formally presented. It was noted that the Review Panel would be discussing the responses at its next scheduled meeting on Monday 20th January. |
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7. Transfer of Ambulance Service and CAMHS Review Panel The Panel noted that there was no further update on the work of the Review Panel at this time, however, it was due to meet in the coming week. |
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8. Quarterly Hearing with the Minister for Education The Panel noted that a quarterly public hearing with the Minister for Education was scheduled for 10:00am on Friday 7th February. The Panel agreed question areas for the hearing and the Officer advised that a draft question plan would be circulated for discussion at the next Panel meeting. | AH |
9. Work Programme The Panel noted an updated work programme for 2020 and agreed changes. The Panel requested that a briefing be organised on the results of the consultation on the Prejudice and Public Order Law as soon as practicably possible. It was noted that the changes to Standing Orders to allow for the Minister for Children to be scrutinised by the Panel were likely to be lodged in order for the debate to take place at the sitting on 25th February 2020. In preparation for this change, the Panel requested that an introductory briefing with the Minister for Children be arranged as soon as possible. | AH |
10. Future Meetings The Panel noted that its next scheduled meeting was due to take place at 10:15am on Monday 27th January 2020 in the Le Capelain Room, States Building. |
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Present | Deputy Rob Ward , Chair Deputy Trevor Pointon |
Apologies | Deputy Rowland Huelin, Vice-Chair |
Absent |
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In attendance | Julian Blazeby, Director General, Community and Constitutional Affairs Kate Briden, Group Director, Public Protection and Law Enforcement Kellie Boydens , Principal Committee and Panel Officer |
Agenda matter | Action |
1. Target Operating Model – Justice and Home Affairs The Panel received a private briefing from the Director General and Group Director on phase 2 of the Target Operating Model for Justice and Home Affairs. The record of this meeting was classified as exempt in accordance with the Freedom of Information (Jersey) Law 2011 (as amended) under Absolute Exemption Article 26. |
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2. Update on the Drug and Alcohol Strategy The Panel received an update from the Director General on the Drug and Alcohol Strategy. The record of this meeting was classified as exempt in accordance with the Freedom of Information (Jersey) Law 2011 (as amended) under Qualified Exemption Article 35. |
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Present | Deputy Rob Ward , Chair Deputy Trevor Pointon |
Apologies | Deputy Rowland Huelin, Vice-Chair |
Absent |
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In attendance | Senator Tracey Vallois, Minister for Education Seán O'Regan, Group Director Education Mark Grimley, Group Director People and Corporate Services Sue Bishop, Senior HR Business Partner CYPES Andy Harris , Committee and Panel Officer |
Agenda matter | Action |
1. Teacher Recruitment and Retention Review The Panel received Senator Tracey Vallois, Minister for Education, Seán O'Regan, Group Director Education, Mark Grimley, Group Director People and Corporate Services and Sue Bishop, Senior HR Business Partner CYPES for a public hearing in respect of its review of teacher recruitment and retention. The proceedings were webcast live and a recording was made so that a transcript could be produced. |
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Present | Deputy Rob Ward , Chair Deputy Rowland Huelin, Vice-Chair Deputy Trevor Pointon |
Apologies |
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Absent |
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In attendance | Kellie Boydens , Principal Committee and Panel Officer |
Agenda matter | Action |
1. Records of Meetings The Panel approved the records of the meetings held on 13th and 15th January 2020. |
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2. Teacher Recruitment and Retention Review The Panel discussed the public hearing with the Minister for Education which was held on 24th January and identified a number of areas to highlight in its final report. |
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3. Care of Children in Jersey Review Panel The Chair updated the Panel on the work of the Review Panel. The Panel noted that a change in Standing Orders of the States of Jersey was imminent which would result in the Panel's remit extending to the work of the Minister for Children. The Panel agreed that this may affect the future work programme of the Review Panel. |
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4. Transfer of Ambulance Service and CAMHS Review Panel The Panel noted that there was no further update on the work of the Review Panel. |
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5. Nursey Education Fund (NEF) The Panel noted that the Minister for Education had recently confirmed that the 20 free hours offered to nursery children, aged 3 to 4, through the NEF would continue in 2020. The Panel agreed to add some questions on this matter to its quarterly hearing question plan. |
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6. Quarterly Hearing with the Minister for Education The Panel received a draft question plan in preparation for the quarterly hearing with the Minister on 7th February. The Panel added some questions on the NEF and efficiencies programme within the Department. |
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7. Introductory Briefing with the Minister for Children The Panel noted that it was due to meet the Minister for Children on the 10th February for an introductory meeting on his remit (following the change in Standing Orders of the States of Jersey). |
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8. Panel Membership |
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The Panel discussed its membership and agreed that, since its remit was due to expand to include the Minister for Children, it would invite other States Members to join the Panel. |
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9. Future Meetings The Panel noted that its next scheduled meeting would take place at 10:15am on Monday 10th February 2020 in the Le Capelain Room, States Building. |
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Date: 10th February 2020
Present | Deputy Rob Ward , Chair Deputy Rowland Huelin, Vice-Chair Deputy Trevor Pointon Deputy Mike Higgins |
Apologies | Deputy Louise Doublet |
Absent |
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In attendance | Senator Sam Mézec , Minister for Children and Housing [item 2 only] Mark Rogers, Director General, CYPES [item 2 only] Mark Owers, Director of Safeguarding, Children's Services [item 2 only] Andy Harris , Committee and Panel Officer |
Agenda matter | Action |
1. Records of Meetings The Panel approved the records of the meetings held on 24th and 27th January 2020. |
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2. Introductory briefing from the Minister for Children and Housing The Panel received Senator Sam Mézec , Minister for Children and Housing, Mark Rogers, Director General, CYPES and Mark Owers, Director of Safeguarding, Children's Services for an introductory briefing on the Minister's remit and work programme and a presentation on the Children's Services plan for 2020. The Minister explained that he currently held legal responsibility for the operation of the Children's Services (previously held by the Minister for Health and Social Services) and also political responsibility for the response to the Independent Jersey Care Inquiry. It was also explained that it was the role of the Minister to champion children's matters and provide challenge across the public service where these matters were not being upheld or addressed. It was explained that the power to do so was transferred to the Minister through Ministerial Orders. The Panel requested copies of the various orders which gave the Minister power to act. The Minister explained that at present the main focus of his work programme was:
and young people. The Director for Safeguarding delivered a presentation outlining the Children's Service Plan for 2020. It was explained that during the follow-up inspection of the Children's Service in September 2019, Ofsted reported via the Care Commission that: | AH |
The Director of Safeguarding explained that the vision for 2020 was for the Children's Service, together with its partners, to ensure children and young people were safe and thrive through high quality social work, relationship-based parenting and family support. It was explained that the plan would be underpinned by seven principle aims which were as follows:
The Panel thanked the Minister and the Officers for attending and they withdrew from the meeting. |
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3. Teacher Recruitment and Retention Review The Panel noted and discussed submissions received from the National Education Union and NASUWT. It agreed that it would proceed with the drafting of its report and the Officer advised that a Heads of Report would be circulated for Panel approval. | AH |
4. Quarterly Hearing with the Minister for Education The Panel noted that the quarterly hearing on Friday 7th February had been postponed due to the Panel being inquorate. The Panel agreed to reschedule the hearing on Friday 13th March. | AH |
5. Quarterly Hearing with the Minister for Children and Housing The Panel noted that it was due to hold a quarterly hearing with the Minister on Friday 21st February. It agreed that it would postpone the hearing until Friday 6th March in | AH |
order to allow further time to discuss question areas arising from the introductory briefing with the Minister. |
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6. Panel Membership The Panel noted that Deputy Mike Higgins and Deputy Louise Doublet had been appointed to the Panel at the previous States Assembly sitting. The Panel extended its formal welcome to the new Members. |
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7. Future Meetings The Panel noted that its next scheduled meeting would take place at 10:15am on Monday 2nd March 2020 in the Le Capelain Room, States Building. |
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Present | Deputy Rob Ward , Chair Deputy Rowland Huelin, Vice-Chair Deputy Trevor Pointon Deputy Louise Doublet |
Apologies | Deputy Mike Higgins |
Absent |
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In attendance | Andy Harris , Committee and Panel Officer |
Agenda matter | Action |
1. Records of Meetings The Panel approved the records of the meetings held on 10th February 2020. |
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2. Teacher Recruitment and Retention Review The Panel noted and discussed a first draft of the report. It agreed to request further information in relation to the percentage of part-time teachers and the subjects that they were currently teaching. The Panel agreed to review the report further and liaise with the Officer in respect of any changes prior to undergoing factual accuracy checking. | AH AH |
3. Quarterly Hearing with the Minister for Children and Housing The Panel noted a draft question plan for the quarterly hearing with the Minister for Children and Housing scheduled for Friday 6th March. The Panel discussed and agreed additional questions based on the question areas. The Officer advised that an updated version of the question plan would be circulated in advance of the hearing. | AH |
4. Quarterly Hearing with the Minister for Education The Panel noted a draft question plan for the quarterly public hearing with the Minister for Education scheduled for Friday 13th March. The Panel discussed and agreed additional question areas and requested that an updated version be circulated for approval. | AH |
5. Quarterly Hearing with the Minister for Home Affairs The Panel noted that it was due to hold a quarterly hearing with the Minister for Home Affairs on Friday 20th March. The Panel discussed and agreed question areas and the Officer advised that a question plan would be circulated for discussion. | AH |
6. Care of Children in Jersey Review Panel The Panel noted that the Review Panel was intending to launch a review examining redress and accountability systems in the Island. It was noted that this review focussed not just on the Government of Jersey, but also the Court System, States Assembly and Parish administrations. The Chair advised that the Review Panel was currently meeting with key stakeholders within each area in order to inform them of the purpose and remit of the review prior to the official launch. |
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7. Transfer of Ambulance Service and CAMHS Review Panel It was noted that the Review Panel had paused its review and was due to agree a future meeting date to progress its work. |
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8. Future Meetings The Panel noted that its next scheduled meeting would take place at 10:15am on Monday 16th March 2020 in the Le Capelain Room, States Building. |
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Present | Deputy Rob Ward , Chair Deputy Rowland Huelin, Vice-Chair Deputy Trevor Pointon |
Apologies | Deputy Louise Doublet Deputy Mike Higgins |
Absent |
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In attendance | Senator Sam Mézec , Minster for Children and Housing Mark Owers, Director of Safeguarding and Care, Children's Services Susan Devlin, Group Director, Children, Young People, Education and Skills Andrew Heaven, Head of Policy Daniella Raffio, Head of Commissioning, Children, Young People, Education and Skills Louise Summers, Manager, Children and Adolescent Mental Health Services Andy Harris , Committee and Panel Officer |
Agenda matter | Action |
1. Quarterly Hearing with the Minister for Children and Housing The Panel received Senator Sam Mézec , Minster for Children and Housing, Mark Owers, Director of Safeguarding and Care, Children's Services, Susan Devlin, Group Director, Children, Young People, Education and Skills, Andrew Heaven, Head of Policy, Daniella Raffio, Head of Commissioning, Children, Young People, Education and Skills and Louise Summers, Manager, Children and Adolescent Mental Health Services for a quarterly public hearing in relation to the children's aspect of the Ministers portfolio. The proceedings were webcast live and a recording was made so that a transcript could be produced. |
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Present | Deputy Rob Ward , Chair Deputy Rowland Huelin, Vice-Chair Deputy Trevor Pointon Deputy Louise Doublet |
Apologies | Deputy Mike Higgins |
Absent |
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In attendance | Andy Harris , Committee and Panel Officer |
Agenda matter | Action |
1. Records of Meetings The Panel noted and approved the records of the meetings held on 2nd and 6th March 2020. |
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2. Teacher Recruitment and Retention Review The Panel noted an updated draft of its report for the review. It was agreed that the Panel would delay the publication of the report due to the ongoing Covid-19 situation. It was, however, agreed that the Panel would continue with the factual accuracy checking of the report. Noting the likely disruption to the availability of the Minister and Departmental officers over the coming weeks, it was agreed that the Panel would extend the usual factual accuracy checking period to five weeks. | AH |
3. Quarterly Hearing with the Minister for Home Affairs The Panel noted that it was due to hold a quarterly public hearing with the Minister for Home Affairs on Friday 20th March 2020. In light of the advice around the ongoing Covid-19 situation, it was agreed that the Panel would postpone the hearing. The Officer advised that the decision would be communicated to the Minister. It was also agreed that the questions would be circulated to the Ministers for a response in writing. | AH |
4. Future Briefings The Panel noted that it was due to receive a briefing from the Minister for Home Affairs on Friday 27th March in respect of changes to the authorisation and use of tasers. It was agreed that the Panel would investigate whether it was possible to conduct the briefing via Microsoft Teams. | AH |
5. Meeting: Member of the public The Panel noted that it was due to meet with Mr. Simon Harris on on Wednesday 18th March at 2:00pm to discuss concerns around the Island's drug and alcohol policy. It was agreed that the meeting would be postponed in light of the ongoing advice around the Covid-19 situation. It was noted that Mr. Harris on had offered to provide information in writing that would be circulated to the Panel once received. | AH |
6. Care of Children in Jersey Review Panel It was noted that the Review Panel was due to launch a review of redress and accountability systems in Jersey, however, this would likely be delayed due to the ongoing Covid-19 situation. The Chair advised that further updates would be provided once the Review Panel had held its next scheduled meeting. |
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7. Transfer of Ambulance Service and CAMHS Review Panel It was noted that the work of the Review Panel had been paused and would be resumed in line with the advice on the Covid-19 situation. |
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8. Future Meetings The Panel noted that its next scheduled meeting was due to take place at 10:15am on Monday 30th March 2020. In light of the current advice surrounding the Covid-19 situation, it was agreed that the meeting would be conducted via video call on Microsoft Teams. It was also agreed that the Panel would arrange a video call meeting on Friday 20th March at 10:00am. | AH |
Present | Deputy Robert Ward , Chair Deputy Rowland Huelin, Vice-Chair (Item 4 only) Deputy Trevor Pointon Deputy Louise Doublet [item 4 only) Deputy Mike Higgins [items 1 - 3 and 5) |
Apologies |
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Absent |
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In attendance | Andy Harris , Committee and Panel Officer |
Agenda matter | Action |
1. Teacher Recruitment and Retention Review The Panel discussed a draft of the report for the review. The Panel agreed changes to the wording of the report and requested further research be undertaken to establish comparative salary bandings for Newly Qualified Teachers in jurisdictions with a similar cost of living to Jersey. The Officer advised that an updated draft would be circulated in due course. The Panel discussed draft findings and recommendations arising from the report. It agreed a number of changes to wording and requested that the Officer circulate an updated version to the Members. | AH AH |
2. Quarterly Hearing with the Minister for Home Affairs The Panel recalled that it had cancelled its scheduled quarterly public hearing with the Minister for Home Affairs in light of the ongoing Covid-19 pandemic. The Panel noted the question plan for the hearing and agreed to consider the questions that it would submit to the Minister for a response in writing. The Panel discussed a number of questions relating to the Covid-19 epidemic that fell within the remit of the Minister for Home Affairs. It was noted that the Corporate Services Scrutiny Panel had established a register of questions relating to the Covid- 19 situation and had requested that all Panels shared any issues which had been raised with it. The Panel agreed to add the questions discussed to the register. | AH AH |
3. Future Briefings The Panel noted that it was due to receive a briefing at 3:30pm on Tuesday 7th April in respect of the proposed changes to the post-custodial supervision of offenders. The Panel agreed to proceed with the briefing, subject to the availability of Officers in light of ongoing Covid-19 pandemic. |
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4. Propositions relating to the Covid-19 pandemic The Panel noted that P.22/2020 Draft Unlawful Entertainments (Amendment) (Jersey) Regulations 202- (P.22/2020), P.23/2020 Draft Marriage and Civil Status (Amendment of Law) (Covid-19 - Temporary Amendment) Jersey Regulations 202- (P.23/2020) and P.24/2020 Draft Criminal Procedure (Jersey) Law 2018 (Appointed |
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Day) (No.3) Act 202- (P.24/2020) had all be lodged by the Minister for Home Affairs in respect of the ongoing Covid-19 pandemic. The Panel discussed the propositions and agreed to consider them further and meet at 9:00am on Monday 23rd March to finalise any comments. | AH |
5. Future Meetings The Panel noted that its next scheduled meeting was due to take place at 10:15am on Monday 30th March 2020. It was agreed that given the ongoing Covid-19 situation, the Panel would schedule weekly meetings and liaise via Microsoft Teams when discussing any relevant propositions or issues. | AH |
Present | Deputy Robert Ward , Chair Deputy Rowland Huelin, Vice-Chair Deputy Trevor Pointon Deputy Louise Doublet Deputy Mike Higgins |
Apologies |
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Absent |
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In attendance | Andy Harris , Committee and Panel Officer |
Agenda matter | Action |
1. P.22/2020 Draft Unlawful Entertainments (Amendment) (Jersey) Regulations 202- The Panel noted P.22/2020 Draft Unlawful Entertainments (Amendment) (Jersey) Regulations 202- (P.22/2020) had been lodged by the Minister for Home Affairs for debate on Tuesday 24th March in response to the ongoing Covid-19 pandemic. It was noted that the purpose of P.22/2020 was to grant powers within the Unlawful Entertainments (Jersey) Regulations 2019 (the triennial Regulations) to allow the Bailiff to remove consent or change the conditions for large scale events in light of the current Covid-19 situation. It was also noted that the additional powers were not currently contained within the triennial Regulations and would be in place until their renewal in 2022 if adopted. The Panel discussed P.22/2020 and agreed that concerns existed in relation to the following points:
The Panel agreed that it would consult with the Minister for Home Affairs in order to understand the rationale for the changes. Subsequently, the Officer advised the Panel of the response from the Department for Strategic Policy, Planning and Performance (SPPP), noting the time frame in which P.22/2020 had been drafted |
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and brought forward in. The Panel agreed that it would seek to amend P.22/2020 in order to establish a cut off date of 30th September 2020 for the additional powers. Upon further consultation with the Department for SPPP and the Minister for Home Affairs, the Minister gave a commitment that he would bring forward an amendment to the Regulations within six months, removing the additional powers, if adopted by the States Assembly subject to the context of the stage of the pandemic. The Panel, therefore agreed to publish comments outlining its views and relaying the commitment of the Minister for Home Affairs. | AH |
2. P.23/2020 Draft Marriage and Civil Status (Amendment of Law) (Covid- 19 - Temporary Amendment) Jersey Regulations 202- The Panel noted that P.23/2020 Draft Marriage and Civil Status (Amendment of Law) (Covid-19 - Temporary Amendment) Jersey Regulations 202- (P.23/2020) had been lodged by the Minister for Home Affairs for debate on Tuesday 24th March in response to the ongoing Covid-19 pandemic. It was noted that the purpose of P.23/2020 was to reduce the amount of human contact required by the Office of the Superintendent Registrar when registering a birth, stillbirth or death during the current Covid-19 pandemic and allow this to be done via means of electronic communication. It would also increase the length of time that a medical practitioner was able to complete the Certificate of fact and cause of death on a patient they had attended, from 14 days preceding death to 28 days. It was noted that this was intended to reduce the burden on the Viscount's Department which, under Article 64(2)(b) of the Marriage and Civil Status (Jersey) Law 2001, would be required to undertake the actions if not completed by a medical practitioner in the required time frame. The Panel considered P.23/2020 and questioned the definition of electronic' communication as set out within the draft Amendment to the Primary Law. It was noted that this definition was provided in the Electronic Communications (Jersey) Law 2000. The Panel agreed to present comments in relation to P.23/2020 in time for the debate. | AH |
3. P.24/2020 Draft Criminal Procedure (Jersey) Law 2018 (Appointed Day) (No.3) Act 202- The Panel noted P.24/2020 Draft Criminal Procedure (Jersey) Law 2018 (Appointed Day) (No.3) Act 202- (P.24/2020) had been lodged by the Minister for Home Affairs for debate on Tuesday 24th March in light of the ongoing Covid-19 pandemic. It was noted that the purpose of the proposition was to introduce measures set out in the Criminal Procedure (Jersey) Law 2018, which had previously been agreed by the States Assembly, earlier than anticipated, and amend procedures in light of the current pandemic. The Panel reviewed the proposed changes and agreed in the circumstances that it was satisfied with the rationale. It was agreed that the Panel would produce comments outlining its support for the proposals. | AH |
Meeting held by video conference
Date: 25th March 2020
Present | Deputy Robert Ward , Chair Deputy Rowland Huelin, Vice-Chair Deputy Trevor Pointon Deputy Louise Doublet Deputy Mike Higgins |
Apologies |
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Absent |
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In attendance | Andy Harris , Committee and Panel Officer |
Agenda matter | Action |
1. P.26/2020 Draft Regulation of Care (Standards and Requirements) (Covid-19 – Temporary Amendments) (Jersey) Regulations 202- The Panel noted that it had received a submission from Jersey Cares raising concerns in relation to the impact on children's residential homes as a result of the States Assembly adopting P.26/2020 Draft Regulation of Care (Standards and Requirements) (Covid-19 – Temporary Amendments) (Jersey) Regulations 202- (the draft Regulations) at the States sitting on 24th March 2020 in response to the ongoing Covid-19 pandemic. The Panel discussed the submission and agreed to raise the concerns directly with the Minister for Children and Housing in the first instance after which it would consider any further actions. | AH |
2. Draft Covid-19 (Schools and Day Care of Children) (Jersey) Regulations 202- The Panel noted that it had received a draft version of the Draft Covid-19 (Schools and Day Care of Children) (Jersey) Regulations 202- (the draft Regulations) which had been shared with it in advance of lodging for debate on Friday 27th March. The Panel discussed the draft Regulations and agreed to question whether the proposals could be extended to alter the role and pay of teachers. The Officer advised that this would be clarified. Subject to clarification, the Panel agreed to present comments in time for the debate. | AH |
3. Meetings with Ministers The Panel agreed that it would seek to establish a weekly meeting with the Minister for Education, Minister for Home Affairs and Minister for Children and Housing to receive an update on their work programmes in respect of the Covid-19 pandemic. The Officer advised that suitable times would be identified, and meeting requests would be circulated. | AH |
The Panel also requested that the Officer provide a written daily update containing any actions undertaken by the Ministers within its remit relating to the Covid-19 pandemic. | AH |
Meeting held by video conference
Date: 26th March 2020
Present | Deputy Robert Ward , Chair Deputy Rowland Huelin, Vice-Chair Deputy Trevor Pointon Deputy Louise Doublet [item 2 only] Deputy Mike Higgins |
Apologies |
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Absent |
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In attendance | Ruth Johnson , Head of Policy [item 1 only] Francis Walker , Policy Principal [item 1 only] Mark Owers, Director of Safeguarding and Care [item 1 only] Marie Claire Hannigan, Private Secretary to the Minister for Children and Housing [item 1 only] Andy Harris , Committee and Panel Officer |
Agenda matter | Action |
1. P.26/2020 Draft Regulation of Care (Standards and Requirements) (Covid-19 – Temporary Amendments) (Jersey) Regulations 202- The Panel received Ruth Johnson , Head of Policy, Francis Walker , Policy Principal, Mark Owers, Director of Safeguarding and Care and Marie Claire Hannigan, Private Secretary to the Minister for Children and Housing via video conference for a briefing on P.26/2020 Draft Regulation of Care (Standards and Requirements) (Covid-19 – Temporary Amendments) (Jersey) Regulations 202- (the draft Regulations) that had been adopted at the States sitting on 24th March 2020 in response to the ongoing Covid-19 pandemic. It was recalled that the Panel had received representations from Jersey Cares detailing concerns about the changes, especially how they applied to children's residential homes. It was noted that these concerns primarily related to the potential (due to the relaxing of certain elements within the draft Regulations) for unvetted staff to be working with children and young people. The Officers explained that this was not the intention of the draft Regulations and there was still an expectation that all registered providers would undertake an enhanced Disclosure and Barring Services (DBS) check with any new employees. It was explained that the purpose of the draft Regulations was to prepare for a worst-case scenario, as a result of the Covid-19 pandemic, whereby a regulated provider was unable to fulfil its obligations to the Care Commission under the Primary Law. It was explained that a registered provider would be required to implement a plan that mitigated the effects of decreased staffing levels in the first instance. If it was felt that the provider was likely to be in a position whereby it could not meet any of those requirements, as a direct or in-direct result of Covid-19, the draft Regulations would allow them to submit this to the Care Commission for consideration. |
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The Panel noted that its particular concern was in relation to children's residential homes. The Director for Safeguarding and Care explained the contingency planning that had been undertaken by the Children's Services to mitigate various scenarios where staffing of the children's residential homes began to fall as a result of Covid- 19. It was stated that given the contingency plans in place, it was unlikely that the service would be required to enact any of the provisions within the draft Regulations. The Director gave a commitment that should staffing levels reach a point beyond that covered by the contingency planning, then he would inform and brief the Panel accordingly. The Panel thanked the Officers for attending and agreed that the briefing had clarified its concerns. It was noted that the Director General for Children, Young People, Education and Skills (CYPES) had spoken with Jersey Cares to allay their concerns and the Minister for Children and Housing would be writing to them to reiterate the position. The Panel requested that the Director for Safeguarding and Care also spoke directly to Jersey Cares in regard to the matter as well. The Panel agreed that it would produce a briefing document outlining the main points discussed at the meeting and publish it in order to raise awareness of the matters discussed. | MO AH |
2. Draft Covid-19 (Schools and Day Care of Children) (Jersey) Regulations 202- The Panel noted draft Comments in respect of P.30/2020 Draft Covid-19 (Schools and Day Care of Children) (Jersey) Regulations 202- which had been lodged by the Minister for Education as part of the Government's response to the Covid-19 pandemic. The Panel discussed the Comments and agreed to submit further questions in relation to the impact of the draft Regulations on parents. The Officer advised that these would be submitted immediately, and the Comments would be updated to reflect the additional information when received. | AH |
Meeting held by video conference
Date: 30th March 2020
Present | Deputy Robert Ward , Chair Deputy Rowland Huelin, Vice-Chair Deputy Trevor Pointon Deputy Louise Doublet |
Apologies | Deputy Mike Higgins |
Absent |
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In attendance | Senator Tracey Vallois, Minister for Education [Item 5 only] Martin Keith, Private Secretary to the Minister for Education [item 5 only] Andy Harris , Committee and Panel Officer Monique Magalhaes, Research and Project Officer [Items 1 – 4 only] |
Agenda matter | Action |
1. Records of Meetings The Panel noted and approved the records of the meetings held on 16th, 20th, 23rd, 25th and 26th March 2020. Deputy Doublet noted that she was not present for a number of items during the meeting on 20th March 2020 and requested that it be updated to reflect this. | AH |
2. Teacher Recruitment and Retention Review The Panel received an update on the progress of the review. The Officer advised that, following Panel agreement at the meeting on 20th March, further research was being undertaken to compare Newly Qualified Teacher salaries in Jersey with areas in the United Kingdom. It was also noted that this research would provide further comparison of the cost of living in those areas against that of Jersey. The Panel agreed that given the current situation in respect of the Covid-19 outbreak and the likely unavailability of key stakeholders to comment on the factual accuracy of the report, it would delay any publication of its report until further notice. It was agreed, however, that the Panel would continue to consider the draft report and discuss its findings and recommendations at future meetings. | AH |
3. Covid-19 response The Panel noted that weekly follow up meetings had been arranged with the Minister for Education to discuss matters relating to the Covid-19 outbreak. It was also noted that weekly meetings were due to be arranged with the Minister for Home Affairs and Minister for Children in Housing (in respect of his children's remit only). The Panel discussed and agreed various matters to raise with the respective Ministers in relation to their response to the Covid-19 outbreak. The Officer advised that they would be compiled into a document from which the Panel could monitor any progress and record any updates. | AH AH |
4. Future Meetings The Panel noted that its next scheduled meeting was due to take place at 10:15am on Monday 14th April via video conferencing. It was also noted that ad-hoc meetings would be arranged as required to discuss the ongoing Covid-19 outbreak. |
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5. Weekly video conference meeting with the Minister for Education The Panel received Senator Tracey Vallois, Minister for Education and Martin Keith, Private Secretary to the Minister for Education for a weekly meeting via video conferencing to discuss matters arising from the response to the Covid-19 outbreak. The Panel explained that it intended to keep a log of any issues raised in relation to the Minister's remit. The Panel raised and discussed the following during the meeting:
| AH AH AH |
The Minister explained that she would share any news releases with the Panel prior to their publication. It was agreed that the Panel would share its log of questions and issues with the Minister in order to encourage further co- operative working. The Panel thanked the Minister and her Private Secretary for attending and they withdrew from the meeting. | AH |
Date: 31st March 2020
Present | Deputy Robert Ward , Chair Deputy Rowland Huelin, Vice-Chair Deputy Trevor Pointon Deputy Louise Doublet Deputy Mike Higgins |
Apologies |
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Absent |
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In attendance | Andy Harris , Committee and Panel Officer Monique Magalhaes, Research and Project Officer |
Agenda matter | Action |
1. Draft Criminal Procedure (Jersey) Law 2018 (Appointed Day) (No.3) Act 202- and Draft Criminal Procedure (Consequential Amendments) (Jersey) Regulations 202- The Panel noted that it had received draft versions of Draft Criminal Procedure (Jersey) Law 2018 (Appointed Day) (No.3) Act 202- (hereafter the Appointed Day Act) and Draft Criminal Procedure (Consequential Amendments) (Jersey) Regulations 202- (hereafter the draft Regulations) which were due to be lodged by the Minister for Home Affairs in relation to the ongoing Covid-19 outbreak. The Panel discussed the propositions and agreed to arrange a briefing with the relevant Officers in order to discuss the matters further. It was also agreed that the Panel would arrange a meeting with the Chef de Police in order to gather his views on the proposed changes. | AH |
2. Draft Marriage and Civil Status (Amendment of Law No.2) (Covid-19 Temporary Amendment) (Jersey) Regulations 202- The Panel noted that the Draft Marriage and Civil Status (Amendment of Law No.2) (Covid-19 Temporary Amendment) (Jersey) Regulations 202- (the draft Regulations') were due to be lodged by the Minister for Home Affairs in respect of the ongoing Covid-19 outbreak for debate on Thursday 2nd April. It was noted that the draft Regulations were a further amendment to P.23/2020 Draft Marriage and Civil Status (Amendment of Law) (Covid-19 – Temporary Amendment) (Jersey) Regulations 202- which had been adopted by the States Assembly on Tuesday 24th March 2020. The Panel discussed the changes and agreed to request a briefing on the draft Regulations in order to consider them further. | AH |
Date: 1st April 2020
Present | Deputy Robert Ward , Chair Deputy Rowland Huelin, Vice-Chair Deputy Trevor Pointon Deputy Louise Doublet Deputy Mike Higgins [item 3 only] |
Apologies |
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Absent |
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In attendance | Ruth Johnson , Head of Policy [items 1 and 2 only] Ben Sandeman, Policy Principal [items 1 and 2 only] Frank Le Gros, Legal Adviser, Law Officers' Department [item 2 only] Howard Tobias, Director Criminal Division, Law Officers' Department [item 1 only] Patrick Hamon, Legal Adviser, Law Officers' Department [item 1 only] Nathan Fox, Head of Policy, Criminal Justice [item 1 only] David Le Marquand, Policy Principal [item 1 only] Danny Scaife, Chef de Police [item 3 only] Andy Harris , Committee and Panel Officer |
Agenda matter | Action |
1. Draft Criminal Procedure (Jersey) Law 2018 (Appointed Day) (No.3) Act 202- and Draft Criminal Procedure (Consequential Amendments) (Jersey) Regulations 202- The Panel received Ruth Johnson , Head of Policy, Howard Tobias, Director Criminal Division, Law Officers' Department, Patrick Hamon, Legal Adviser, Law Officers' Department, Nathan Fox, Head of Policy, Criminal Justice and David Le Marquand, Policy Principal for a briefing in relation to the Draft Criminal Procedure (Jersey) Law 2018 (Appointed Day) (No.3) Act 202- (hereafter the Appointed Day Act) and Draft Criminal Procedure (Consequential Amendments) (Jersey) Regulations 202- (hereafter the draft Regulations) which were due to be lodged by the Minister for Home Affairs in relation to the ongoing Covid-19 outbreak. It was explained that the Criminal Procedure (Jersey) Law 2018 was being brought forward in separate tranches, and the changes proposed were always intended to be brought forward. It was, however, noted that the Covid-19 outbreak has expediated the timescale to implement them. It was noted that the Appointed Day Act would repeal Article 13 of the Loi (1864) réglant la Procédure Criminelle and replace it with the changes in the draft Regulations, if adopted by the States Assembly. The purpose of the draft Regulations was to remove the requirement for a Centenier to meet in person with a Jurat for the purposes of signing off a notice to remand a person at La Moye Prison. This would only occur if they were being held in the Police Station once charged and were unable to attend the Magistrate's Court the following day. It was noted at present that this |
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only occurred for serious offences where bail conditions could not realistically be applied, and only between Friday afternoon when the Courts finished sitting and Monday when they resumed. The current process required a Centenier to record the name, charge and particulars of the offence and then present it to Jurat for their signature. Only once the two signatures had been received would the prison accept a person on remand. Noting the requirement for physical contact in this process, the main purpose of the changes was to reduce this in light of the Covid-19 outbreak. It was also explained that if the changes were not adopted, there could potentially be a three-week period without any safeguards in respect of the current process. The Panel noted its concern that the propositions were not time limited as with other legislation relating to the Covid-19 outbreak. It was also agreed that the pace of the changes did not allow for adequate time to scrutinise changes which would be in place once the Covid-19 outbreak has abated. The Panel requested that the Officers examine and consult with the Minister for Home Affairs on the possibility of time stamping the legislation in line with other Covid-19 legislation. The Panel explained that it was due to meet with the Chef de Police at the conclusion of the meeting to discuss the changes further, after which it would communicate its view on the proposals to the Minister for Home Affairs. |
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2. P.36/2020 Draft Marriage and Civil Status (Amendment of Law No.2) (Covid-19 Temporary Amendment) (Jersey) Regulations 202- The Panel received Ruth Johnson , Head of Policy, Ben Sandeman, Policy Principal and Frank Le Gros, Legal Adviser, Law Officers' Department for a briefing on P.36/2020 Draft Marriage and Civil Status (Amendment of Law No.2) (Covid-19 Temporary Amendment) (Jersey) Regulations 202- (the draft Regulations') which had been lodged by the Minister for Home Affairs in respect of the ongoing Covid-19 outbreak for debate on Thursday 2nd April. It was noted that the draft Regulations were a further amendment to P.23/2020 Draft Marriage and Civil Status (Amendment of Law) (Covid-19 – Temporary Amendment) (Jersey) Regulations 202- which had been adopted by the States Assembly on Tuesday 24th March 2020. The Officers explained that a Community Death Certification Team (CDRT) was currently being established as a result of a recommendation from the Excess Death Bronze Group. It was expected that this team would be responsible for registering all deaths within the community and in turn remove the requirement for a registered medical practitioner to have viewed the deceased in the 28 days prior to death At present this was also required before they could view the body, sign the certificate of facts and set the cause of death. As the CDCT would not have attended the deceased in the 28 days prior to death it was necessary to amend the Law to allow them to undertake this task. It was noted that, as with the previous amendment, the changes under the draft Regulations would only be in place until 30th September 2020 during the Covid- 19 outbreak and could be repealed or extended if required. The Panel noted the requirement for the changes and thanked the Officers for the briefing. It was agreed that the Panel would produce Comments in time for the debate outlining the information explained during the briefing. The Panel subsequently approved its Comments in respect of P.36/2020 for lodging. | AH |
3. Meeting with the Chef de Police The Panel received Danny Scaife, Chef de Police in order to discuss the Draft Criminal Procedure (Jersey) Law 2018 (Appointed Day) (No.3) Act 202- (hereafter the Appointed Day Act) and Draft Criminal Procedure (Consequential Amendments) |
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(Jersey) Regulations 202- (hereafter the draft Regulations) which were being brought forward by the Minister for Home Affairs in relation to the ongoing Covid-19 outbreak. The Chef de Police explained that at present, if a person had been charged by a Centenier they would be remanded at the Police Station before attending the Magistrate's Court the following day. It was noted that as the Magistrate's Court only sat on weekdays, there were occasions when a person was unable to attend the following day, specifically between late on Friday afternoon and Sunday afternoon. As a result of changes to the Law allowing for bail conditions to be applied, it was possible to remand a person on bail with certain conditions during this time. If, however, the offence was serious and no appropriate bail conditions could be applied it was possible for a person to be remanded over this period in the cells at the Police Station. Due to the limited facilities available at the Police Station it was explained that it was sometimes required for a person to be remanded at La Moye whilst awaiting an appearance at the Magistrate's Court. The Chef de Police explained that this decision was taken only after consultation with the Law Officers and only in the event that bail conditions were unable to be applied. If, after this consultation, the decision to remand a person at the prison was deemed appropriate then the Centenier was required to record the name and details of the offence in a specific ledger and sign it. This would then require an on-duty Jurat to sign the ledger as well before a person could be accepted and ultimately remanded in the prison. Noting the requirement for physical contact within this process, the Chef de Police explained that it was a risk during the current Covid-19 outbreak. The Panel noted that the proposed changes would require only the signature of the Centenier in order for a person to be remanded at the prison. When asked whether this was an acceptable practice the Chef de Police explained that whilst the proposed system was thorough and provided accountability, two signatures for any decision would of course be preferable. The Panel questioned whether any consideration had been given to undertaking the current process electronically during the Covid-19 outbreak. The Chef de Police explained that this had been discussed, however, no further update had been provided to date. The Panel thanked the Chef de Police for attending and he withdrew from the meeting. The Panel discussed the proposals and agreed to contact the Jurats in order to gather their views on the proposals. It also agreed that it would contact the Minister for Home Affairs and request that the proposals be time stamped in the first instance in order to allow a proper review of the changes to be undertaken. | AH |
Education and Home Affairs Scrutiny Panel
Record of Meeting
Meeting held by video conference
Date: 6th April 2020
Present | Deputy Robert Ward , Chair Deputy Rowland Huelin, Vice-Chair Deputy Trevor Pointon Deputy Louise Doublet Deputy Mike Higgins |
Apologies |
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Absent |
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In attendance | Senator Tracey Vallois, Minister for Education [item 1 only] Martin Keith, Private Secretary to the Minister for Education [item 1 only] Connétable Len Norman, Minister for Home Affairs [item 2 only] Tom Leveridge, Private Secretary to the Minister for Home Affairs [Item 2 only] Deputy Gregory Guida, Assistant Minister for Home Affairs [item 2 only] Andy Harris , Committee and Panel Officer Monique Magalhaes, Research and Project Officer |
Agenda matter | Action |
AE Article 26 1. Weekly video conference meeting with the Minister for Education The Panel received Senator Tracey Vallois, Minister for Education and Martin Keith, Private Secretary to the Minister for Education for a weekly meeting via video conferencing to discuss matters arising from the response to the Covid-19 outbreak. The Panel raised and discussed the following during the meeting: The Panel questioned the Minister on the position in relation to funding for schools and nurseries, including those that were completely Government- funded, those that were part funded and those that were completely private businesses. The Minister explained that a project team was currently considering the position. The Minister explained that one option being considered was for completely private schools and private nurseries to access the Government Business Support Scheme. The Minister explained that the position on school funding would need to be different depending on whether the employees were Government employees or not and that all scenarios were currently being considered. |
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Government of Jersey schools.
matter. | TV TV |
The Panel thanked the Minister and her Private Secretary for attending, and they withdrew from the meeting. | TV TV |
2. Weekly video conference meeting with the Minister for Home Affairs The Panel received Connétable Len Norman, Minister for Home Affairs, Deputy Gregory Guida, Assistant Minister for Home Affairs and Tom Leveridge, Private Secretary to the Minister for Home Affairs for a weekly meeting via video conferencing to discuss matters arising from the response to the Covid-19 outbreak. The Panel raised and discussed the following matters during the meeting: The Panel questioned the Minster in relation to a rumour that if the partner of a police officer had symptoms of Covid-19, then the Officer would be sent to a hotel to isolate in order to keep them available to work. The Minister explained that this was an operational matter for the Police, and he was not aware of this issue at present. |
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arise. |
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related issues. The Minister explained that as of 2nd April there were 193 warranted officers, 27 off sick and seven self-isolating or caring for dependants.
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self-isolating or Covid-19 related issues. The Minister explained that 11 Ambulance Service staff were currently off duty due to Covid-19 related reasons, although none had tested positive so far. The Minister added that 80 staff were currently working within the Ambulance Service.
upon release.
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The Panel thanked the Minister and his Private Secretary for attending, and they withdrew from the meeting. |
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Date: 8th April 2020
Present | Deputy Robert Ward , Chair Deputy Rowland Huelin, Vice-Chair Deputy Trevor Pointon Deputy Mike Higgins |
Apologies | Deputy Louise Doublet |
Absent |
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In attendance | Nathan Fox, Head of Policy, Criminal Justice Matthew Berry, Senior Legal Adviser, Law Officers' Department Andy Harris , Committee and Panel Officer Monique Magalhaes, Research and Project Officer |
Agenda matter | Action |
1. Briefing on Draft Covid-19 (Restricted Trading) (Jersey) Regulations 202- The Panel received Nathan Fox, Head of Policy, Criminal Justice and Matthew Berry, Senior Legal Adviser, Law Officers' Department for a briefing on the Draft Covid-19 (Restricted Trading) (Jersey) Regulations 202- (the draft Regulations') which were due to be lodged in relation to the ongoing Covid-19 outbreak. It was noted that the draft Regulations would be lodged by the Minister for Health and Social Services, however, given the enforcement element within them it was deemed appropriate to brief the Panel in respect of its remit surrounding Home Affairs. The Officers explained that the purpose of the draft Regulations was to allow the Minister for Health and Social Services, after consultation with the Medical Officer for Health (MOH), to make an order requesting that a non-essential business close if it was deemed in the interests of public health during the Covid-19 outbreak. The draft Regulations also allowed for the Minister to place conditions on the operation of non- essential business during the Covid-19 outbreak in order for it to comply with social distancing measures. This Order would be in place for an initial 14 days, after which it would be required to be reviewed in line with any developments relating to Covid- 19. It was noted that the draft Regulations would, if adopted by the States Assembly, be in place until 30th September 2020. It was noted that to date, there had been limited issues in relation to non-essential businesses operating during the Covid-19 outbreak and most had been compliant. It was explained that there was a possibility that as the period of lockdown progressed compliance with the order could become an issue. Whilst it was noted that legislation did exist to tackle this issue within some businesses (e.g. the Statutory Nuisance Law and Licensing Referrals), it was felt this would constitute a piecemeal approach to tackling non-compliance that would require a specific targeted approach to different |
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types of businesses. The draft Regulations would therefore create a transparent and blanket approach during the Covid-19 outbreak to tackle any non-compliance. The draft Regulations would therefore make it an offence to operate a non-essential business without complying with social distancing guidelines or any conditions placed on its operation. It was noted that this offence would be liable to an unlimited fine which would be targeted to reflect any profit a business made during a period where it was not meant to be trading. It was explained that this had been designed to prevent a situation whereby a business was fined for committing an offence but remained in profit from the period of illegal activity. The Panel questioned why an exception was made in Regulation 4(2)(a) for an employer to be required to take reasonable steps to ensure an employee was granted sufficient space (in line with social distancing guidelines). It was explained that from a practical standpoint in certain essential businesses (e.g. a supermarket where staff were required to unload palate boards of goods in close proximity) it would not be possible for them to operate without breaching the draft Regulations. It was noted that this could lead to a number of cases where essential businesses would effectively be in breach whilst carrying out essential or critical activities. It was further explained that it would not be practical to place this requirement within legislation. It was explained that the Minister would be required to make an order relating to a specific business, in which stipulations on the use of Personal Protective Equipment (PPE) by employees, as well as other measures, could be included. The Panel thanked the Officers for attending and they withdrew from the meeting. |
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Date: 14th April 2020
Present | Deputy Robert Ward , Chair Deputy Trevor Pointon Deputy Mike Higgins |
Apologies | Deputy Rowland Huelin, Vice-Chair Deputy Louise Doublet |
Absent |
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In attendance | Andy Harris , Committee and Panel Officer |
Agenda matter | Action |
1. Records of Meetings The Panel noted and approved the records of the meetings on 30th and 31st March and 1st April 2020. |
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2. Teacher Recruitment and Retention Review The Panel recalled that it had requested further research be undertaken in order to compare the cost of living and salary for Newly Qualified Teachers in Jersey with their counterparts in parts of the United Kingdom. The Panel received a briefing paper from the Officer outlining the steps that had been undertaken to date. The Officer explained that discussions had taken place with Statistics Jersey to gather information relevant to Jersey. During these discussions it had been noted by the Head of Statistics Jersey (Duncan Gibaut) that work was currently being undertaken within the Government to examine cost of living in relation to its impact on teacher recruitment and retention. Noting the potential for duplication of work, the Panel agreed to request any information relevant to the work that was being undertaken by the Government. It was also agreed that the Panel would seek clarity over the purpose of this work and the reasons why it had been commissioned. | AH |
3. Covid-19 Response The Panel noted its actions logs in respect of the Minister for Education, Minister for Home Affairs and Minister for Children and Housing and the actions they were undertaking in response to the Covid-19 outbreak. It was recalled that the Panel had agreed to meet on a weekly basis with the Ministers in order to discuss any matters raised and any legislative developments within their remits in respect of Covid-19. The Panel discussed the action logs and agreed additional areas to raise within them in time for the scheduled meetings with the Ministers. |
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The Panel noted that it was due to receive briefings and attend meetings on a number of matters relating to Covid-19 that were due to be lodged in due course for debate by the States Assembly. These included:
The Officer advised that meeting requests would be circulated accordingly. | AH |
4. Public Hearings via Microsoft Teams The Officer advised the Panel that it now was able to undertake public hearings with Ministers and stakeholders through Microsoft Teams. It was noted that these meetings would function in the same manner as the States Assembly during the lockdown period and would be publicly available. The Panel agreed to identify dates to undertake hearings with the Ministers within its remit and requested that the Officer draft question plans for consideration and discussion. | AH |
5. Future Meetings The Panel noted that its next scheduled meeting was due to take place at 10:15am on Monday 27th April via video conferencing on Microsoft Teams. |
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Date: 16th April 2020
Present | Deputy Robert Ward , Chair Deputy Rowland Huelin, Vice-Chair Deputy Trevor Pointon Deputy Louise Doublet Deputy Mike Higgins |
Apologies |
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Absent |
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In attendance | Senator Tracey Vallois, Minister for Education Deputy Jeremy Maçon, Assistant Minister for Education Mark Rogers, Director General, Children, Young People, Education and Skills Sèan O'Regan, Group Director, Education Andy Harris , Committee and Panel Officer Monique Magalhaes, Research and Project Officer |
Agenda matter | Action |
1. Weekly video conference with the Minister for Education The Panel received Senator Tracey Vallois, Minister for Education, Deputy Jeremy Maçon, Assistant Minister for Education, Mark Rogers, Director General, Children, Young People, Education and Skills and Sèan O'Regan, Group Director, Education for a weekly meeting via video conferencing to discuss to Minister's response to the Covid-19 outbreak. The Panel discussed the following matters with the Minister:
| TV |
Children's Commissioner regularly in order to understand any issues or concerns she held.
them if required. The Panel thanked the Minister, Assistant Minister and their Officers for attending and they withdrew from the meeting. | AH TV SO |
Date: 17th April 2020
Present | Deputy Robert Ward , Chair Deputy Rowland Huelin, Vice-Chair Deputy Trevor Pointon Deputy Louise Doublet [item 2 only] Deputy Mike Higgins |
Apologies |
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Absent |
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In attendance | Senator Sam Mezec , Minister for Children and Housing [item 1 only] Marie Claire Hannigan, Private Secretary to the Minister for Children and Housing [item 1 only] Mark Owers, Director of Safeguarding and Care [item 1 only] Mark Rogers, Director General for Children, Young People, Education & Skills [item 1 only] Connétable Len Norman, Minister for Home Affairs [item 2 only] Deputy Gregory Guida, Assistant Minister for Home Affairs [item 2 only] Tom Leveridge, Private Secretary to the Minister for Home Affairs [item 2 only] Julian Blazeby, Director General for Justice and Home Affairs [item 2 only] Andy Harris , Committee and Panel Officer Monique Magalhaes, Research and Project Officer |
Agenda matter | Action |
1. Video conference meeting with the Minister for Children and Housing The Panel received Senator Sam Mezec , Minister for Children and Housing, Marie Claire Hannigan, Private Secretary to the Minister for Children and Housing, Mark Owers, Director of Safeguarding and Care and Mark Rogers, Director General for Children, Young People, Education and Skills for a meeting via video conferencing to discuss matters arising from the response to the Covid-19 outbreak in relation to his remit for children. The Panel raised and discussed the following during the meeting: The Minister updated the Panel on recent developments about his remit. The Minister explained that the Children and Families Hub, although already in the pipeline, had been expedited due to the Covid-19 crisis. The Minister explained that it was important to urgently expedite this public-facing project to ensure that the necessary support provided by agencies was available to children and families via a single point of contact. The Minister raised concerns that the service may not be reaching as many people as he would |
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have liked. The Minister added that, in this regard, the department launched a safeguarding campaign to raise awareness of the support that was available through the Hub and how to access it. The Minister emphasised the importance of Islanders being aware of the Hub and the support offerings available to them, particularly under the current Covid-19 circumstances where people may be struggling in isolation.
critical workers.
cases were now being considered as well.
| MR MR |
Additionally, the Panel was concerned as to whether the vulnerable children from these families were being identified for school places. The Panel asked about the numbers of children that could fall into this category. The Director General explained that he was not aware of the numbers but would find out what data was available and let the Panel know.
deploy it, but it must be available in an emergency.
| MR |
The Minister informed that he was expecting the Royal Court to register the Children and Education (Amendment) (Jersey) Law 2020 later that day, which would give effect to the States Assembly's decision to ban the smacking of children. A press release was due to go out later that day. The Panel thanked the Minister and his Officers for attending, and they withdrew from the meeting. |
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2. Weekly video conference meeting with the Minister for Home Affairs The Panel received Connétable Len Norman, Minister for Home Affairs, Deputy Gregory Guida, Assistant Minister for Home Affairs, Tom Leveridge, Private Secretary to the Minister for Home Affairs and Julian Blazeby, Director General for Justice and Home Affairs for a weekly meeting via video conferencing to discuss matters arising from the response to the Covid-19 outbreak. The Panel raised and discussed the following matters during the meeting:
very active in that regard.
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concern about the time allowed for scrutiny of the introduction of Fixed Penalty Notices and suggested that sufficient time was allocated for it to review any changes prior to a debate taking place in the States Assembly.
charged and to appear in court.
The Panel thanked the Minister, Assistant Minister and their Officers for attending, and they withdrew from the meeting. |
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Education and Home Affairs Scrutiny Panel
Record of Meeting
Meeting held by video conference
Date: 27th April 2020
Present | Deputy Robert Ward , Chair Deputy Rowland Huelin, Vice-Chair Deputy Trevor Pointon Deputy Louise Doublet Deputy Mike R Higgins |
Apologies |
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Absent |
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In attendance | Senator Tracey Vallois, Minister for Education [item 6 only] Deputy Jeremy Maçon, Assistant Minister for Education [item 6 only] Séan O'Regan, Group Director Education [item 6 only] Jonathan Williams, Project Manager [item 6 only] Andy Harris , Committee and Panel Officer Monique Magalhaes, Research and Project Officer [items 1-5 only] |
Agenda matter | Action |
1. Records of Meetings The Panel noted and approved the records of the meetings held on the 6th, 8th, 14th and 16th of April 2020. | AH |
2. Teacher Recruitment and Retention Review The Panel received an update on the progress of the review. The Panel had been looking to undertake research as part of the Teacher Recruitment and Retention Review in relation to the impact of the cost of living on teacher recruitment and retention. The Officer advised that, following Panel agreement at its previous meeting on 14th April 2020, questions had been submitted to the Minister for Education in relation to work that had been carried out by the Education Department on the cost of living in relation to teacher recruitment and retention. The Panel was awaiting a response from the Minister for Education on the extent of research that had been undertaken, the purpose for it being commissioned and whether it could be shared with the Panel to be used as part of the review. The Officer agreed to update the Panel once a response was received. | AH |
3. Covid-19 response The Panel noted and agreed the dates for the Public Hearings with the Minister for Education and the Minister for Children and Housing on Friday 15th May and Friday 22nd May, respectively. It was noted that the Public Hearing with the Minister for Home Affairs on Tuesday 19th May was due to be confirmed. The Officer advised that a meeting request would be circulated once confirmation was received. | AH |
The Panel noted and discussed the draft question plans for the Hearings with the Minister for Education and the Minister for Home Affairs. The Panel agreed changes to the draft question plans, and the Officer advised that amended versions would be circulated accordingly. The Panel agreed to review the draft question plan for the Hearing with the Minister for Children and Housing at its next scheduled Panel meeting. The Officer updated the Panel on the legislative developments in respect of Covid- 19. The Officer advised that there were currently no immediate legislative developments at present, however, a proposed running order of developments was being provided by the Legislative Drafters on a daily basis. The Officer advised that a copy of the update would be sent to the Panel on a daily basis. | AH AH |
4. Any other Business The Panel noted that it would write to unions and public services representatives within its remit to encourage contact and an open line of communication for the representatives to communicate any concerns in relation to the ongoing Covid-19 crisis. The Officer agreed to compile a list of representatives that the Panel could reach out to, in writing, in the first instance. The Panel noted it would arrange to meet with the representatives after this initial contact was made. | AH |
5. Future Meetings The Panel noted its next scheduled meeting was due to take place at 10:15am on Monday 18th May via Microsoft Teams. The Panel agreed two further meetings to be held on Friday 1st May and Monday 11th May, both at 11:30am, in order to consider matters in relation to the Covid-19 outbreak. |
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6. Weekly meeting with the Minister for Education The Panel received Senator Tracey Vallois, Minister for Education, Deputy Jeremy Maçon, Assistant Minister for Education, Séan O'Regan, Group Director Education and Jonathan Williams, Project Manager for a meeting to discuss the response to the Covid-19 outbreak in respect of education. The Panel discussed the following matters with the Minister:
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secondary schools would be fully operational by the end of the following week. Primary Schools would then be migrated across. Online lessons would include two members of staff in order to allay any safeguarding issues that could arise. It was also noted that in the meantime, a quality assured online learning platform had been created which was due to go live later in the week. The Group Director explained that the details of this platform would be shared with the Panel.
higher education from September.
| AH |
Skills Executive Board which would look at the skill requirements post-Covid- 19. |
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Date: 1st May 2020
Present | Deputy Robert Ward , Chair Deputy Rowland Huelin, Vice-Chair Deputy Trevor Pointon Deputy Mike Higgins |
Apologies | Deputy Louise Doublet |
Absent |
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In attendance | Senator Sam Mezec , Minister for Children and Housing [item 1 only] Marie Claire Hannigan, Private Secretary to the Minister for Children and Housing [item 1 only] Mark Owers, Director of Safeguarding and Care [item 1 only] Mark Rogers, Director General for Children, Young People, Education & Skills [item 1 only] Daniela Raffio, Head of Commissioning [item 1 only] Louise Summers, Manager CAMHS [item 1 only] Andy Harris , Committee and Panel Officer |
Agenda matter | Action |
1. Video conference meeting with the Minister for Children and Housing The Panel received Senator Sam Mezec , Minister for Children and Housing, Marie Claire Hannigan, Private Secretary to the Minister for Children and Housing, Mark Owers, Director of Safeguarding and Care and Mark Rogers, Director General for Children, Young People, Education and Skills for a meeting via video conferencing to discuss matters arising from the response to the Covid-19 outbreak in relation to his remit for children. The Panel raised and discussed the following during the meeting:
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Island required its own dedicated tier 4 provision. The Officers explained that this had now been in place for 15 days.
MAST was established. The Panel thanked the Minister and his Officers for attending, and they withdrew from the meeting. | AH AH |
2. Public Hearing with the Minister for Education The Panel noted that it was due to hold a public hearing with the Minister for Education in relation to the Covid-19 response on Friday 15th May at 10:00am. The Panel reviewed the question plan for the hearing and agreed to submit some questions in writing for a response prior to the hearing. The Panel discussed the question plan and agreed changes. The Officer advised that updated versions would be drafted and circulated for Panel approval. | AH |
3. Briefing on Legislative Developments for Covid-19 The Panel noted a number of legislative developments that were being brought forward in relation to the Covid-19 outbreak that sat within its remit. It was agreed that the Panel would arrange briefings on the relevant matters in the coming week. The Officer advised that meeting requests would be sent out for the meetings once confirmed. | AH |
Date: 7th May 2020
Present | Deputy Robert Ward , Chair Deputy Trevor Pointon Deputy Mike Higgins |
Apologies | Deputy Rowland Huelin, Vice-Chair Deputy Louise Doublet |
Absent |
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In attendance | Matthew Jowitt QC, Solicitor General Robin Smith, Chief of States of Jersey Police Frank Le Gros, Senior Legal Advisor Nathan Fox, Head of Policy Andy Harris , Committee and Panel Officer Monique Magalhaes, Research and Project Officer |
Agenda matter | Action |
1. Draft Covid-19 (Fixed Penalty Notices) (Jersey) Regulations 202- The Panel received a private briefing from Matthew Jowitt QC, Solicitor General, Robin Smith, Chief of States of Jersey Police, Frank Le Gros, Senior Legal Advisor and Nathan Fox, Head of Policy on the Draft Covid-19 (Fixed Penalty Notices) (Jersey) Regulations 202- which was due to be lodged by the Minister for Home Affairs in relation to the ongoing Covid-19 crisis. The record of this meeting was classified as exempt in accordance with the Freedom of Information (Jersey) Law 2011 (as amended) under Qualified Exemption Article 35. |
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Education and Home Affairs Scrutiny Panel
Record of Meeting
Meeting held by video conference
Date: 11th May 2020
Present | Deputy Robert Ward , Chair Deputy Rowland Huelin, Vice-Chair [items 1 and 2 only] Deputy Trevor Pointon Deputy Louise Doublet |
Apologies |
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Absent | Deputy Mike R Higgins |
In attendance | Senator Tracey Vallois, Minister for Education [item 3 only] Deputy Jeremy Maçon, Assistant Minister for Education [item 3 only] Martin Keith, Private Secretary to the Minister for Education [item 3 only] Andy Harris , Committee and Panel Officer [item 1 and 2 only] Monique Magalhaes, Research and Project Officer Aaron Travers, Research and Project Officer [item 1 only] |
Agenda matter | Action |
1. Public Hearings with the Minister for Education, Minister for Home Affairs and Minister for Children and Housing The Panel discussed and agreed the arrangements for the scheduled upcoming Hearings with the Minister for Education on 15th May and the Minister for Home Affairs on 19th May. For practicality reasons, due to the hearing being held via video link, the Panel agreed the question areas that each member would address. The Panel agreed that it would arrange an alternate time to discuss the question plan for the Hearing with the Minister for Children and Housing on 22nd May. | AH/MM |
2. Covid-19 (Fixed Penalty Notices) (Jersey) Regulations 202- The Panel recalled that it had received a briefing on the Draft Covid-19 (Fixed Penalty Notices) (Jersey) Regulations 202- on Thursday 7th May. It was noted that the proposals were in draft form and had yet to be approved for lodging. The Panel highlighted several areas of concern it had in relation to the draft Regulations and agreed to produce a Scoping Document and Terms of Reference in preparation for a review of the legislation. The Panel agreed to write to the Minister for Home Affairs to explain its position on the draft Regulations. Moreover, as the draft Regulation had yet to be lodged, it agreed to inform the Minister of its view that the lodging period should not be reduced prior to any debate taking place. The Panel also agreed that it would send questions to the Minister for Home Affairs to determine what information was available relating to the number of arrests, words of advice or cautions and court proceedings that had been issued in light of Covid- 19 and breaching of the stay at home order. | AH/MM AH/MM |
3. Weekly meeting with the Minister for Education The Panel received Senator Tracey Vallois, Minister for Education, Deputy Jeremy Maçon, Assistant Minister for Education and Martin Keith, Private Secretary to the Minister for Education for a meeting to discuss the response to the Covid-19 outbreak in respect of education. The Panel discussed the following matters with the Minister:
change.
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parents were essential workers. The Panel asked whether, under the current scheme and if there was capacity in schools, a child would be able to apply for a place if one parent was an essential worker and the other was not. The Minister explained that as of the 6th May, primary schools had reached 70% capacity. The Minister raised concern that the safe exit strategy which imposed physical distancing of two metres affected the capacity in schools. She explained that any decision to expand the offering would depend on the physical distancing and mass gathering components as these impacted the safe schooling strategy. The Minister emphasised that if parents could work from home, they should as this removed pressures from the schools.
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Date: 13th May 2020
Present | Deputy Robert Ward , Chair Deputy Trevor Pointon Deputy Mike Higgins Deputy Rowland Huelin, Vice-Chair |
Apologies | Deputy Louise Doublet |
Absent |
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In attendance | Frank Le Gros, Senior Legal Advisor Ben Sandeman, Senior Policy Officer Andy Harris , Committee and Panel Officer Monique Magalhaes, Research and Project Officer |
Agenda matter | Action |
1. Draft Covid-19 (Civil Partnerships and Marriage) (Jersey) Regulations 202- The Panel received Frank Le Gros, Senior Legal Advisor and Ben Sandeman, Senior Policy Officer for a briefing on the Draft Covid-19 (Civil Partnerships and Marriage) (Jersey) Regulations 202- (hereafter the draft Regulations'). The regulations would amend the Marriage and Civil Status (Jersey) Law 2001 ("the 2001 Law"), the Civil Partnership (Jersey) Law 2012 ("the 2012 Law"), the Marriage and Civil Status (Jersey) Order 2018 ("the 2018 Order") and the Civil Partnership (Forms, Registration and Fees) (Jersey) Order 2012 ("the 2012 Order"). It was explained that the draft Regulations were being proposed under the Covid-19 position to enable the administrative processes required before a marriage was solemnized or a civil partnership was registered to commence using virtual means. It was explained that under normal circumstances applications would need to be made in person at the Registrar, however, to reduce the health risk to the public and Registrar staff as well as to protect the wider Registrar function, the associated administrative processes which required physical interaction had been suspended. It was explained that the draft Regulations would allow the administrative processes to be conducted by audio visual link rather than in the presence of the Superintendent Registrar. It was noted that these processes were a requirement for a marriage and civil partnership ceremony to take place. It was explained that the draft Regulations were emergency legislation to tackle the Covid-19 outbreak and would expire on 30 September 2020. The Panel questioned whether the legislation was similar in process to the temporary legislation that had been adopted in order to register deaths under the Covid-19 |
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circumstances. It was explained that, in terms of the policy drivers, it was and that it was also similar to the legislation that had been adopted which allowed for the virtual signing and witnessing of wills. The Panel raised concerns around the risk of fraud if the administrative processes were carried out virtually instead of in person at the Registrar. It was explained that the documents produced for signing would be printed and embossed and that the law required the recipients to sign them. Additionally, that the same documents that were sent out to be signed virtually would need to be returned to the Registrar by post. It was explained that on receiving the virtually signed documents, if any concern were to arise, the Registrar would not continue the registration process. The Panel questioned whether the Registrar could keep a record of the virtual signing of the documents (an example of taking a screen shot of the couple whist signing was suggested by the Panel). It was explained that under normal circumstances a photograph was required, so by law the Registrar would be allowed to take a screen shot to identify the people who had signed the documents. The Panel noted that the process was dependant on the individuals having access to IT resources. It was explained that this was the case, however, the Registrar would work with couples to achieve a workable virtual situation where necessary. The Panel raised concern around the risk of sham marriage through using a virtual process. It was explained that the same checks were required as would be under normal circumstances when a person attended the Registrar. It was explained that the only difference would be that the declarations would be undertaken virtually rather than in person and that the same safeguards provided by the Primary Law remained. The Panel questioned whether both individuals were required to be present at the time of the virtual signing. It was explained that under normal circumstances couples would be allowed to attend the Registrar separately or together and that if a couple were to attend virtually, separate to one another, it would not change the required checks and procedures. The Panel asked whether the number of couples requiring the service was known. It was explained that with regards to civil partnerships there were none expected presently. In terms of marriages, it was not known how many would be affected. The Officers agreed to consult with the Superintendent Registrar and revert to the Panel with the total number of marriages that would require the legislation to be in place. It was explained that when marriages commenced again on 1 July 2020 the service would be required to be fully operational. The Panel thanked the Officers for the briefing and their time and the meeting ended. |
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Date: 15th May 2020
Present | Deputy Robert Ward , Chair Deputy Rowland Huelin, Vice-Chair Deputy Trevor Pointon Deputy Mike Higgins |
Apologies | Deputy Louise Doublet |
Absent |
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In attendance | Senator Tracey Vallois, Minister for Education [item 1 only] Deputy Jeremy Maçon, Assistant Minister for Education [item 1 only] Mark Rogers, Director General, Children, Young People, Education and Skills [items 1 and 3] Sèan O'Regan, Group Director Education [item 1 only] Saboohi Famili, Director, Young People, Further Education, Higher Education and Skills [item 1 only] Keith Posner, Director Policy and Planning [item 1 only] Jonathan Williams, Director, Business Change [item 1 only] Senator Sam Mézec , Minister for Children and Housing [item 3 only] Marie Claire Hannigan, Private Secretary to the Minister for Children and Housing [item 3 only] Mark Owers, Director of Safeguarding and Care [item 3 only] Suzie Phillips, Informatics Manager, Children's Service [item 3 only] Andy Harris , Committee and Panel Officer Monique Magalhaes, Research and Project Officer [item 1 only] |
Agenda matter | Action |
1. Public Hearing with the Minister for Education The Panel received Senator Tracey Vallois, Minister for Education, Deputy Jeremy Maçon, Assistant Minister for Education, Mark Rogers, Director General, Children, Young People, Education and Skills, Sèan O'Regan, Group Director Education, Saboohi Famili, Director, Young People, Further Education, Higher Education and Skills, Keith Posner, Director Policy and Planning and Jonathan Williams, Director, Business Change for a public hearing to discuss the Government's Covid-19 response. The proceedings were broadcast live via Microsoft Teams and a recording was made so that a transcript could be produced. |
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2. Public Hearing with the Minister for Home Affairs The Panel recalled that due to an emergency sitting of the States Assembly on Tuesday 19th May it had been required to postpone the scheduled hearing with the Minister or Home Affairs. It was noted that the Minister had confirmed availability for 3:30pm on Tuesday 26th May as an alternative time for the hearing to take place. The |
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Panel agreed to proceed with the new time and the Officer advised that this would be confirmed with the Minister and a meeting request would be circulated in due course. | AH |
3. Briefing on Children's Services Update The Panel received Senator Sam Mézec , Minister for Children and Housing, Marie Claire Hannigan, Private Secretary to the Minister for Children and Housing, Mark Rogers, Director General, Children, Young People, Education and Skills, Mark Owers, Director of Safeguarding and Care and Suzie Phillips, Informatics Manager, Children's Service for a briefing in relation to the operation of the Children's Service during the Covid-19 outbreak. The Informatics Manager provided the Panel with an overview of the data that was being reported in relation to the operation of the following areas of the service:
The Panel thanked the Minister and his Officers for attending and providing the information and they withdrew from the meeting. |
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Date: 18th May 2020
Present | Deputy Robert Ward , Chair Deputy Rowland Huelin, Vice-Chair Deputy Trevor Pointon Deputy Mike Higgins |
Apologies | Deputy Louise Doublet |
Absent |
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In attendance | Andy Harris , Committee and Panel Officer Monique Magalhaes, Research and Project Officer |
Agenda matter | Action |
1. Records of Meetings The Panel noted and approved the records of the meetings held on 17th and 27th April and 1st and 7th May 2020. |
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2. Teacher Recruitment and Retention Review The Panel recalled that it had requested further information on work that was being undertaken by the Government of Jersey in respect of the impact of cost of living on teacher recruitment and retention. The Officer updated the Panel on the nature of the work that was being done and explained that the Group Director for People and Corporate Services had offered to brief the Panel on the work undertaken to date. The Panel agreed to arrange a briefing and the Officer advised that a meeting request would be circulated in due course. | MM/AH |
3. Covid-19 Response The Panel recalled that the hearing with the Minister for Home Affairs planned for Tuesday 19th May had been moved to Tuesday 26th May due to an emergency sitting of the States Assembly. The Officer advised that the question plan would be circulated for further discussion. It was noted that the public hearing with the Minister for Children and Housing was due to take place at 10:00am on Friday 22nd May. The Panel noted the question plan and the Officer advised that it would be circulated for further consideration prior to the hearing. The Officer provided an update on the legislative developments that were taking place in relation to Covid-19 that sat within the Panel's remit. It was noted that further changes were expected to be brought forward in relation to managing marriage and civil partnership ceremonies safely during the Covid-19 outbreak in time for debate on 2nd June 2020. It was noted that the Department for Strategic Policy, Planning and Performance had offered to brief the Panel on the developments during the | AH/MM AH/MM |
preceding week. The Panel agreed to proceed with the briefing as planned and the Officer advised that a meeting request would be circulated once arranged. The Panel noted the most recent version of the action logs it had agreed to keep in respect of the issues raised with Ministers arising from the Covid-19 outbreak. No further issues were raised for inclusion. | AH/MM |
4. P.60/2020 Draft Covid-19 (Civil Partnerships and Marriages) (Jersey) Regulations 202- The Panel noted a draft Comments Paper in respect of P.60/2020 Draft Covid-19 (Civil Partnerships and Marriages) (Jersey) Regulations 202-. The Comments were approved, and the Officer advised that they would be submitted to the Greffé for formal lodging. | AH |
5. Draft Covid-19 (Fixed Penalty Notices) (Jersey) Regulations 202- The Panel noted and discussed a draft scoping document and Terms of Reference for the review. It was agreed that the documents could be circulated to the Scrutiny Liaison Committee for approval. The Panel recalled that it had written to the Minister for Home Affairs requesting that the full six-week lodging period be adhered to should the legislation be formally lodged. It was noted that the Minister had responded to explain the importance of the legislation and subsequently requested whether there was any scope for the Panel to reduce the time it required. The Panel agreed to provide the Minister with a document detailing its concerns in full. It was noted that a number of stakeholders could be consulted on the proposals prior to lodging, however, some would have to wait until such time as the proposals were made public. The Panel agreed to proceed with gathering evidence and would consider its position in relation to the time it required for the review in two weeks. | AH/MM AH/MM |
6. Future Meetings The Panel noted that its next scheduled meeting was due to take place at 10:15am on Monday 8th June 2020 via video conference on Microsoft Teams. |
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Date: 21st May 2020
Present | Deputy Robert Ward , Chair Deputy Rowland Huelin, Vice-Chair Deputy Trevor Pointon |
Apologies | Deputy Mike Higgins Deputy Louise Doublet |
Absent |
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In attendance | Mark Owers, Director of Safeguarding and Care Greg McDonald, Manager, Multi-Agency Safeguarding Hub Marie Claire Hannigan, Private Secretary to the Minister for Children and Housing Deputy Kevin Pamplin, Vice-Chair, Health and Social Security Scrutiny Panel Deputy Carina Alves , Member, Health and Social Security Scrutiny Panel Andy Harris , Committee and Panel Officer Monique Magalhaes, Research and Project Officer |
Agenda matter | Action |
1. Briefing on proposed Multi-Agency Safeguarding Support Team The Panel, joined by Members of the Health and Social Security Scrutiny Panel, received Mark Owers, Director of Safeguarding and Care, Greg McDonald, Manager, Multi-Agency Safeguarding Hub, Marie Claire Hannigan, Private Secretary to the Minister for Children and Housing for a briefing on proposals to develop a new Multi- Agency Safeguarding Support Team. The record of this meeting was classified as exempt in accordance with the Freedom of Information (Jersey) Law 2011 (as amended) under Qualified Exemption Article 35. |
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Date: 22nd May 2020
Present | Deputy Robert Ward , Chair Deputy Rowland Huelin, Vice-Chair Deputy Trevor Pointon Deputy Mike Higgins |
Apologies | Deputy Louise Doublet |
Absent |
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In attendance | Senator Sam Mézec , Minister for Children and Housing Mark Rogers, Director General, Children, Young People, Education and Skills Susan Devlin, Group Director, Children, Young People, Education and Skills Mark Owers, Director of Safeguarding and Care Andy Harris , Committee and Panel Officer Monique Magalhaes, Research and Project Officer |
Agenda matter | Action |
1. Public Hearing with the Minister for Children and Housing The Panel received Senator Sam Mézec , Minister for Children and Housing, Mark Rogers, Director General, Children, Young People, Education and Skills, Susan Devlin, Group Director, Children, Young People, Education and Skills and Mark Owers, Director of Safeguarding and Care for a public hearing in relation to the Government's response to Covid-19. The proceedings were webcast live via Microsoft Teams and a recording was made so that a transcript could be produced. |
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2. Consultation with Jersey Cares and the Care Commissioner Further to the public hearing with the Minister for Children and Housing, the Panel discussed the response given by the Minister in relation to concerns that had been raised by Jersey Cares about the regulation of children's residential homes during the Covid-19 outbreak. It was noted that the Minister and his Officers had addressed the concerns with Jersey Cares, however, further clarity over their current position was required. The Panel agreed that it would write to Jersey Cares in order to identify whether their concerns had been addressed and whether any remained. The Panel also agreed that it would write to the Care Commissioner in order to ascertain what plans, if any, existed in relation to future inspection and regulation of children's residential homes, both during and after the Covid-19 outbreak. | AH AH |
Date: 26th May 2020
Present | Deputy Robert Ward , Chair Deputy Trevor Pointon Deputy Rowland Huelin, Vice-Chair Deputy Louise Doublet [item 2 only] |
Apologies | Deputy Mike Higgins |
Absent |
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In attendance | Frank Le Gros, Senior Legal Advisor [item 1 only] Ben Sandeman, Senior Policy Officer [item 1 only] Ruth Johnson , Director of Social Policy [item 1 only] Connétable Len Norman, Minister for Home Affairs [item 2 only] Deputy Gregory Guida, Assistant Minister for Home Affairs [item 2 only] Julian Blazeby, Director General, Justice and Home Affairs [item 2 only] Robin Smith, Chief Officer States of Jersey Police Force [item 2 only] Pete Gavey, Chief Ambulance Officer [item 2 only] Andy Harris , Committee and Panel Officer Monique Magalhaes, Research and Project Officer |
Agenda matter | Action |
1. Draft Covid-19 (Civil Partnerships and Marriage No.2) (Jersey) Regulations 202- The Panel received Frank Le Gros, Senior Legal Advisor, Ben Sandeman, Senior Policy Officer and Ruth Johnson , Director of Social Policy for a briefing on the Draft Covid-19 (Civil Partnerships and Marriage No.2) (Jersey) Regulations 202- (hereafter the draft Regulations') which comprised a series of amendments that governed the safe running of a marriage ceremony or civil partnership ceremony during the Covid- 19 outbreak. It was explained that the Panel was previously briefed on the Draft Covid-19 (Civil Partnerships and Marriage) (Jersey) Regulations 202- which proposed amendments to the preliminary administrative processes required before a marriage could be solemnized or a civil partnership could be commenced. It was noted that the previous Regulations allowed this to happen via virtual means because of the Covid-19 position. The Officers explained that the second phase contained in the draft Regulations governed the day of the marriage ceremony or civil partnership celebration itself. It was explained that the amendments were split into two parts as it was not feasible to achieve both concurrently due to time constraints that arose from the Covid-19 situation. It was explained that the proposed areas of the |
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amendments, of which there were four, were the same for both marriage and civil partnerships and that only technical differences were apparent due to the laws for each having been drafted differently. It was explained that the draft Regulations were being proposed under the Covid-19 position to enable the marriage ceremony or civil partnership to occur compliantly with the health advice under the current Covid-19 position. It was noted that the draft Regulations were time limited until the 30th September 2020. It was explained that under normal circumstances the public had a legal right to search the registers maintained by the Superintendent Registrar in respect of marriages and civil partnerships, however, as the Office was closed to the public due to the Covid-19 crisis, the registers would not be searchable by the public. It was explained that the draft Regulations allowed the Superintendent Registrar to undertake searches on behalf of the public when instructed to do so. It was noted that the draft Regulations permitted a search to be undertaken by the Superintendent Registrar for a fee of £30 per search. The Panel questioned why, under the draft Regulations, the Superintendent Registrar would charge a fee to undertake a search of the registers on behalf of the public. It was explained that under normal circumstances a fee would apply when the Registrar undertook a search on behalf of a firm or member of the public and that that had remained unchanged. It was explained that it was possible for the public to undertake a search of the registers in person at the Office of the Superintendent Registrar (a self-service search) and that under normal circumstances this particular option would not incur a fee. However, as the Office of the Superintendent Registrar was closed to the public during the Covid-19 outbreak the only search option currently available to the public was for the Superintendent Registrar to undertake the search on the public's behalf and that would incur a fee. The Panel questioned whether the Superintendent Registrar had received any requests for searches of the registers under the current conditions. It was explained that no search requests had been made during that time. The Panel questioned the types of searches that the public would usually undertake. It was explained that searches would include those related to family histories in relation to marriages, rather than searchers on upcoming marriages or spouses. It was explained that the type of searches that would usually occur were not deemed urgent and, mostly, could be postponed until the Covid-19 crisis had passed. It was noted that under normal circumstances members of the public would have a legal right to attend the marriage ceremony or civil partnership celebration and that this provided an anti-sham marriage safeguard and a means for lawful objection. It was explained that the draft Regulations allowed the temporary suspension of the right of the public to attend the ceremonies under the Covid-19 position as it would otherwise present a health risk. However, it was explained that the draft Regulations would require a notice to be placed outside the location of the ceremony which would include a phone number that the public could use to enter a lawful objection so that the provision remained. |
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It was explained that guidance would be issued by the Superintendent Registrar on the maximum number of attendees allowed at the ceremonies and that this was an additional reason for proposing to suspend members of the public from attending the ceremonies so that the numbers could be controlled. The Panel questioned what the maximum number of attendees would be. It was explained that the maximum number was yet to be determined, however, it would need to be confirmed prior to resumption of marriage and civil partnerships on 1st July 2020. It was noted that the draft Regulations enabled the celebrant of a civil partnership or marriage to ensure that a ceremony complied with the health guidelines under the Covid-19 position. Additionally, the draft Regulations would ensure that the celebrant would only be allowed to undertake the ceremonies if the health and safety guidelines were being met. It was explained that the draft Regulations allowed the celebrant to alert the Minister for the Environment of concerns that constituted a statutory nuisance. It was explained that the Statutory Nuisance (Jersey) Law 1999 (hereafter the Statutory Nuisance Law) allowed events to be closed because of a health risk (including due to Covid-19), hence if a celebrant was concerned a notice could be served to close the ceremony down. It was stated that the celebrants had been consulted on the proposals and welcomed this amendment. It was noted this could ensure the ceremony complied with health advice and concerns had been raised over celebrants not having legal powers to request attendees to physically distance. The Panel raised concern around the compatibility of the draft Regulations with the proposed Draft Covid-19 (Safe Distancing) (Jersey) Regulations 202- (hereafter the Safe Distancing Regulations'). It was noted by the Panel that the draft Regulations would require physical distancing to be observed during ceremonies, however, under the proposed Safe Distancing Regulations it was not possible to enforce physical distancing if a person was in their own or another person's home. The Panel stated that this was especially concerning since after the ceremony had taken place a reception could be allowed to continue at a private residence without the same enforceable health and safety measures. It was explained that the Minister for Health and Social Services had decided it would be unreasonable to dictate to people what they did within their home. The Panel was concerned that if both the draft Regulations as well as the Safe Distancing Regulations were passed by the States Assembly then this could send a contradictory message to the public as members of the public would be able to gather in their homes and gardens, but not in public areas (noting that it was likely that Marriages and Civil Partnerships would often be undertaken in public spaces e.g. hotels). The Panel raised concern that there was nothing to prevent a large gathering of attendees after the ceremony at the couple's home to celebrate the marriage or civil partnership, even though controls were proposed to restrict attendees at the ceremony to reduce the health risk. It was explained that the proposed draft Regulations only covered the ceremonies and was not applicable to marriage or civil partnership receptions or parties that might occur afterwards. The Panel questioned whether the Statutory Nuisance Law could be used to close a marriage or civil partnership event that was taking place in a couple's home or garden for Covid-19 related reasons. It was explained that the Law covered any organised event and that similarly to a noise complaint which could be made with regards to an event taking place at a private home, a complaint could be made about a marriage or civil partnership reception. The Director for Social Policy explained that a briefing paper would be compiled to demonstrate how the Safe Distancing Regulations and | RJ |
the Statutory Nuisance Law interacted and to define how the Statutory Nuisance law would cover Covid-19 related risk as well. The Panel questioned whether the Statutory Nuisance Law could be extended to cover gatherings within a private residence. It was explained that this would be a political decision for the States Assembly to make. The Officers outlined that the draft Regulations proposed a shorter, albeit temporary, period for changing the location of an intended marriage or civil partnership during the Covid-19 period. It was explained that under normal circumstances a change to the location of a ceremony was only allowed if the change took place 25 clear days prior to the intended date of the ceremony. However, as a result the Covid-19 situation and the closures of venues due to lockdown it was reasonable to allow parties the flexibility to change the location of their intended ceremony under shorter notice. To that end, the draft Regulations proposed a ten clear day period prior to the intended date of the ceremony whereby a couple could change the proposed venue. It was explained that the draft Regulations made changes to the processes governing approval of locations that could be used for marriages and civil partnerships and that this was necessary under the Covid-19 position. It was outlined that the draft Regulations proposed to amend the approving authority for marriage or civil partnership venues to the Superintendent Registrar, instead of the Connétable of the relevant Parish who would, under normal circumstances, hold this responsibility. It was explained that this was proposed to ensure that applications for new locations could be processed more efficiently under the circumstances and to centralise the process, noting couples would be required to consult with the Superintendent Registrar in any event during the marriage or civil partnership process. It was stated that any new locations would be restricted to private dwellings and gardens to manage the health risk until the end of September and that no new applications for commercial venues would be allowed until that time. It was explained, nevertheless, that as couples may be set on having their ceremony at a particular venue, visits to approve the use of commercial venues would be allowed via video link instead of in person under the current Covid-19 position. The Panel questioned whether discussions had taken place with the Connétable s around the proposed change to the approving authority. It was explained that discussions were due to take place that day with the Comité des Connétable s as well as with the Minister for Home Affairs. The Panel questioned when the draft Regulations were intended to be debated in the States Assembly. It was explained that it was expected to lodge in order for the debate to take place at the sitting on 2nd June. It was noted that this would require the States Assembly to approve a reduced lodging period. The Panel raised concern around the complexity of the various components of the draft Regulations and guidance involved, as well as how this would be effectively communicated to the couples. It was explained that the Superintendent Registrar would provide clear guidance specific to marriages and civil partnerships to couples. It was explained that if a couple wanted to marry or enter a civil partnership during the temporary period that the draft Regulations were in effect, they would have to go |
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via the Superintendent Registrar, so it was not anticipated that there would be difficulty in relaying the necessary information. The Panel thanked the Officers for the briefing and they withdrew from the meeting. |
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2. Public Hearing with the Minister for Home Affairs The Panel received Connétable Len Norman, Minister for Home Affairs, Deputy Gregory Guida, Assistant Minister for Home Affairs, Julian Blazeby, Director General, Justice and Home Affairs, Robin Smith, Chief Officer States of Jersey Police Force and Pete Gavey, Chief Ambulance Officer for a public hearing to discuss the Government's response to the Covid-19 pandemic. The proceedings were webcast live via Microsoft Teams and a recording was made so that a transcript could be produced. The Panel noted that due to time constraints it had not been able to ask all of the questions included on the question plan for the hearing. It was agreed that it would submit the remaining questions for a response in writing that would be published on the States Assembly website. | AH |
Education and Home Affairs Scrutiny Panel
Record of Meeting
Meeting held by video conference
Date: 29th May 2020
Present | Deputy Robert Ward , Chair Deputy Rowland Huelin, Vice-Chair Deputy Trevor Pointon Deputy Mike Higgins |
Apologies | Deputy Louise Doublet |
Absent |
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In attendance | Senator Sam Mézec , Minister for Children and Housing Mark Rogers, Director General, Children, Young People, Education and Skills Marie Claire Hannigan, Private Secretary to the Minister for Children and Housing Deborah McMillan, Children's Commissioner Sam Le Quesne, Head of Communications, Office of the Children's Commissioner. Andy Harris , Principal Committee and Panel Officer |
Agenda matter | Action |
1. Briefing on the Department for Children, Young People, Education and Skills and Children's Commissioner's joint Covid-19 Survey The Panel received Senator Sam Mézec , Minister for Children and Housing, Mark Rogers, Director General, Children, Young People, Education and Skills, Marie Claire Hannigan, Private Secretary to the Minister for Children and Housing, Deborah McMillan, Children's Commissioner and Sam Le Quesne, Head of Communications, Office of the Children's Commissioner for a briefing in relation to the joint survey that had been commissioned by the Department for Children, Young People, Education and Skills (CYPES) and the Children's Commissioner. It was explained that the survey had been developed as a joint endeavour between CYPES with input from the Office of the Children's Commissioner to gather views of children and young people in relation to the Covid-19 pandemic and associated lockdown. The choice of questions within the survey had been informed through discussion with international colleagues in order to ascertain best practice. It was noted that as a result of this consultation the survey was designed to understand the views of young people both on the impact of Covid-19 and their thoughts on the support they may need during the recovery phase. It was noted that the questions had been developed and audited by an ethical committee and the survey had been undertaken between 28th April and 8th May 2020. The Commissioner explained that 2,105 responses had been received which could be seen to be representative of the general population from a statistical standpoint. |
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reasons had featured such as limited internet access.
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The Panel discussed various aspects of the results with the Minister and Commissioner and agreed that it would be beneficial to meet again once further time had been afforded to consider the findings. The Panel therefore agreed to discuss the findings of the survey further at its next scheduled meeting. The Panel thanked the Minister, Children's Commissioner and Officers for attending and they withdrew from the meeting. |
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Education and Home Affairs Scrutiny Panel
Record of Meeting
Meeting held by video conference
Date: 1st June 2020
Present | Deputy Robert Ward , Chair Deputy Louise Doublet Deputy Trevor Pointon Deputy Mike Higgins |
Apologies | Deputy Rowland Huelin, Vice-Chair |
Absent |
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In attendance | Senator Tracey Vallois, Minister for Education Martin Keith, Private Secretary to the Minister for Education Andy Harris , Principal Committee and Panel Officer |
Agenda matter | Action |
1. Weekly meeting with the Minister for Education The Panel received Senator Tracey Vallois, Minister for Education and Martin Keith, Private Secretary to the Minister for Education for a weekly meeting to discuss the response to the ongoing Covid-19 outbreak. The Panel discussed the following areas with the Minister:
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The Panel thanked the Minister and the Private Secretary for attending and they withdrew from the meeting. |
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Children, Education and Home Affairs Scrutiny Panel
Record of Meeting
Meeting held by video conference
Date: 8th June 2020
Present | Deputy Robert Ward , Chair Deputy Rowland Huelin, Vice-Chair Deputy Trevor Pointon Deputy Mike Higgins [item 9 only] |
Apologies | Deputy Louise Doublet |
Absent |
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In attendance | Senator Tracey Vallois, Minister for Education [item 9 only] Deputy Jeremy Maçon, Assistant Minister for Education [item 9 only] Martin Keith, Private Secretary to the Minister for Education [item 9 only] Sean O'Regan, Group Director Education [item 9 only] Philippa Hesketh, Interim Head of Inclusion, Education Department [item 9 only] Andy Harris , Principal Committee and Panel Officer Monique Magalhaes, Research and Project Officer |
Agenda matter | Action |
1. Records of Meetings The Panel noted and approved the records of the meetings held on 11th, 13th, 15th, 18th, 21st, 22nd, 26th and 29th May and 1st June 2020. |
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2. Teacher Recruitment and Retention Review The Panel recalled that it had requested a briefing with the Group Director of People and Corporate Services in order to discuss work that had been undertaken to examine the impact of cost of living on teacher recruitment and retention. It was noted that the briefing was due to take place at 3:00pm on Tuesday 9th June. The Panel agreed that, subject to any actions and changes to the report arising from the briefing, it would endeavour to present the report by the end of June 2020. | AH |
3. Covid-19 Response The Panel noted the action logs it had been maintaining with regards to the issues discussed with the Ministers in its remit in respect of the Covid-19 outbreak. The Panel agreed that the logs had provided a useful reference tool from which to identify issues and any subsequent response from the relevant Ministers. It was agreed that the Panel would continue with regular catch up meetings with the Ministers in its remit which provided a useful forum to discuss and record the concerns raised in relation to Covid-19. The Panel noted that it had received a response from the Care Commission to its letter requesting details of the regulation and inspection of children's residential homes during the Covid-19 outbreak. It was agreed that the response had provided | AH |
some reassurance over the steps being taken. It was, however, also noted that Jersey Cares had provided a response to the Panel which continued to highlight concerns about the regulation and inspection of children's residential homes. The Panel agreed that it would relay the concerns to the Minister for Children and Housing in writing and request that he formally respond to the questions raised by Jersey Cares in the submission. The Panel noted that it had received a final draft of the proposed Draft Covid-19 (Civil Partnerships and Marriage) (Jersey) Regulations 202- which were due to be lodged by the Minister for Home Affairs in time for debate at the States Assembly sitting on 16th June. It was noted that there had been two minor amendments to the legislation since the Panel had been briefed on 26th May 2020. No further questions were raised in relation to the changes. The Officer advised that comments on the proposition would be prepared for Panel discussion and approval. The Panel recalled that it had requested statistics from the States of Jersey Police (SoJP) in relation to its operation during the Covid-19 outbreak. In response, the SoJP had requested further details as to the type of information the Panel was requesting. It was agreed that the Panel would specifically request information relating to the number of arrests, words of advice that had been issued, staffing levels and areas of focus for the SoJP during the Covid-19 outbreak. The Panel agreed that the weekly presentations it received from the Children's Service in relation to its operation during Covid-19 had been beneficial and noted that the Minister for Children and Housing and his Officers were content for the information to be shared with the SoJP. To that end, the Panel agreed that it would share the most recent presentation with the SoJP so that it could be used as a template to inform its own presentation. | AH AH/MM AH/MM |
4. Draft Covid-19 (Fixed Penalty Notices) (Jersey) Regulations 202- The Panel noted that the Draft Covid-19 (Fixed Penalty Notices) (Jersey) Regulations 202- were still being considered by the Council of Ministers in response to the Covid- 19 outbreak and no further information was available as to whether it would proceed at this time. The Panel noted that the Officer had produced a research paper outlining the use of Fixed Penalty Notices (FPNs) in other jurisdictions. It was explained that the paper examined the use of FPNs in response to Covid-19 and non-Covid-19 offences. |
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5. Deployment of Tasers by States of Jersey Police Officers The Panel noted that the Minister for Home Affairs had shared a draft proposition which sought to extend the use of Tasers by States of Jersey Police Officers. The Panel discussed the proposition and agreed that it would request a briefing on the proposition from the Minister and his Officers. | AH |
6. CYPES and Children's Commissioner Survey The Panel recalled that it had received a briefing from the Minister for Children and Housing and the Children's Commissioner on 29th May which relayed the results of the joint survey commissioned by the Commissioner and the Department for Children, Young People, Education and Skills. It was noted that during that briefing the Panel had been offered the opportunity to receive further briefings on specific aspects of the survey findings if deemed necessary. |
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The Panel agreed that it did not require a further briefing on the results. It did, however, agree that it would seek to arrange a briefing which outlined the key actions that would be undertaken by the Department in response to the findings. | AH |
7. Change of name and remit of the Panel The Panel noted that, further to the agreement of the States Assembly, Standing Orders had been amended to incorporate the scrutiny of the Minister for Children and Housing's children's remit into the work of the Panel. It was noted that the Panel would therefore be referred to as the Children, Education and Home Affairs Panel. |
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8. Quarterly Hearing with the Minister for Home Affairs The Panel noted that it was due to hold a quarterly public hearing with the Minister for Home Affairs on Friday 19th June. It was agreed that as the Panel had recently held a hearing with the Minister in 26th May it would rearrange the hearing on either 10th or 17th July dependent on the Minister's availability. The Officer advised that a question plan would be drafted for discussion at the next Panel meeting on 26th June 2020. | AH |
9. Weekly meeting with the Minister for Education The Panel received Senator Tracey Vallois, Minister for Education, Deputy Jeremy Maçon, Assistant Minister for Education, Sean O'Regan, Group Director Education and Philippa Hesketh, Interim Head of Inclusion for a briefing on the Recovery Curriculum for Jersey's Children. Philippa Hesketh explained that she was tasked with undertaking global research to form a recovery curriculum which centred around a wellbeing offering for Jersey schools to establish the wellbeing of students on their return to schools after lockdown. The importance of a focused approach to address the wellbeing issues that had developed as a result of lockdown experienced by children was emphasised. It was explained that research had demonstrated that children had experienced anxiety during the crisis and that this was compounded for children who had pre-existing mental health concerns. Moreover, that academic progress and achievement hinged on a child's wellbeing, hence, academic progress would be dependent on children's wellbeing being addressed prior to recommencing focused academic learning within schools. However, the likelihood was that most children would be able to restore their work progress relatively quickly on returning to school. It was noted, however, that a small cohort of vulnerable children had entered lockdown with pre-existing health concerns and that research had shown that vulnerable children had the potential to experience a rise from 25 to 75 percent in the achievement gap. The Panel were informed that schools had been consulted with regards to the recovery curriculum and the importance for schools to create a climate where children would feel safe and welcomed on their return. Additionally, the requirement for ensuring that the necessary conditions were in place so that structure could be rebuilt, friendships could be re-established, and children would be encouraged to reflect on their personal experiences during lockdown. Through doing so, targeted support could be directed at those children who required it most, which would be delivered by pre-established multi-agency teams that would be available to schools via a low-key presence. |
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It was noted that resource packs were being developed as part of the initiative and would be circulated to schools, students and parents with each focused to its particular audience. Moreover, resource materials would be age appropriate. The Panel was informed that the recovery curriculum involved a four-week programme and that each new returning cohort would begin the programme from week one and subsequently move through the programme to week four. Hence, cohorts would be at different stages of the programme depending on when they had returned to school. It was explained that by schools focussing on the areas within the recovery curriculum, it was hoped that a cultural shift would be encouraged, and that education could be centred around wellbeing within Jersey schools. The Panel questioned how the recovery curriculum would work across a wide age- span of children as each age group learned differently. It was explained that all the resources were being developed to include materials and content which would be appropriate to specific age groups and how they learned and developed. The Panel raised concern around the impact that the lockdown and closure of schools would have had on the cohort of vulnerable children with pre-existing mental health conditions. It was explained that prior to the lockdown, before schools had closed, considerations were made for these children based on a risk approach so that the risk to each child could be controlled during that time. Moreover, the necessary targeted support and response measures could be made available to each child depending on the child's needs so that the pre-existing issues could be effectively managed during the lockdown experience. The Panel questioned how the 4-week recovery curriculum would operate in practice within schools and whether the outlined daily programme would be the focus of the whole school day, for example. It was explained that the intention was for it to be the focus for the day, however, schools might not necessarily decide to follow the recovery curriculum as outlined. The Panel were informed that although headteachers had received the presentation on the recovery curriculum, it would not necessarily replace every school's wellbeing approach as some schools already had existing programmes that worked for them. Additionally, how the recovery curriculum would be communicated to staff was ultimately dependant on the headteacher of the school. It was hoped, however, that the recovery curriculum would instigate a universal change across Jersey's schools. The Panel welcomed the focus on children's wellbeing and the initiative to encourage the cultural shift where wellbeing would be at the centre of education rather than academic achievement being the primary focus. However, the Panel raised concern with regards to how this would change requirements for the monitoring of academic progress in schools in the long term as schools and teachers were assessed on the progress of their students. The Group Director of Education explained that Jersey was locked into the national exam system and that grades would still be an important focus. However, wellbeing needed to be addressed first so that academic progress could follow. He continued to explain that where academic progress was the fundamental driver within schools, wellbeing should remain the primary focus as for children to progress and achieve, mentally they would need to be in a good position. |
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The Panel questioned how the implementation and effectiveness of the recovery curriculum would be monitored within schools. It was explained that it would be challenging, however, long-term indicators such as numbers of children remaining in the education system or leaving it, numbers of children requiring wellbeing support, numbers of children requiring the support of the various multi-agency services could all demonstrate the effectiveness of the initiative within schools. However, it was noted, that the monitoring aspect of the initiative within schools was still being developed. The Panel raised concern around this approach as for the effectiveness of the initiative to be realised children would have to fall out of the education system which was not an ideal model. The Panel asked how receptive of the recovery curriculum headteachers had been. It was explained that mixed reactions were received, however, generally the initiative was well received by schools. Furthermore, where schools already followed a wellbeing programme of their own, which had worked well for them, those schools were not as receptive of the proposed recovery curriculum. The Panel thanked the Minister for Education, her private secretory, the Assistant Minister for Education and the Officers for the briefing and they exited the video conference. |
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10. Future Meetings The Panel noted that its next scheduled meeting was due to take place at 10:15am on Monday 22nd June 2020 via video conference. |
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Date: 9th June 2020
Present | Deputy Robert Ward , Chair Deputy Rowland Huelin, Vice-Chair Deputy Trevor Pointon Deputy Mike Higgins |
Apologies | Deputy Louise Doublet |
Absent |
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In attendance | Mark Grimley, Group Director People and Corporate Services [item 1 only] Andy Harris , Committee and Panel Officer Monique Magalhaes, Research and Project Officer |
Agenda matter | Action |
1. Briefing on Recruitment and Retention of Teachers The Panel received Mark Grimley, Group Director People and Corporate Services, for a briefing on the work being undertaken by People and Corporate Services on recruitment and retention of teachers as part of the overall People Strategy. The record of this meeting was classified as exempt in accordance with the Freedom of Information (Jersey) Law 2011 (as amended) under Qualified Exemption Article 35. |
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2. Teacher Recruitment and Retention Review Further to the briefing from the Group Director of People and Corporate Services, the Panel agreed that it was in a position to proceed with the publication of its report. The Officer advised that an updated version of the report would be circulated for Panel approval, after which it would be circulated to stakeholders for factual accuracy checking. It was noted that due to the current workload of the Department for Children, Young People, Education and Skills (CYPES) as a result of the Covid-19 outbreak, it was likely that the timescale for factual accuracy checking would need to be extended above the usual five-day period. The Officer advised that discussions would take place with CYPES in order to understand its capacity to respond to the Panel's request. | AH AH |
Date: 19th June 2020
Present | Deputy Robert Ward , Chair Deputy Rowland Huelin, Vice-Chair Deputy Mike Higgins |
Apologies | Deputy Louise Doublet Deputy Trevor Pointon |
Absent |
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In attendance | Connétable Len Norman, Minister for Home Affairs Deputy Gregory Guida, Assistant Minister for Home Affairs Acting Deputy Chief Officer, James Wileman, States of Jersey Police Acting Chief Inspector, Mark Hafey, States of Jersey Police Sergeant Chris Thomas, Chief Firearms Instructor, States of Jersey Police Andy Harris , Committee and Panel Officer Monique Magalhaes, Research and Project Officer |
Agenda matter | Action |
1. Briefing on proposed changes to the authorisation and deployment of Tasers by the States of Jersey Police Force The Panel received Connétable Len Norman, Minister for Home Affairs, Deputy Gregory Guida, Assistant Minister for Home Affairs, Acting Deputy Chief Officer, James Wileman, States of Jersey Police, Acting Chief Inspector, Mark Hafey, States of Jersey Police and Sergeant Chris Thomas, Chief Firearms Instructor, States of Jersey Police for a briefing on proposals relating to the change of authorisation and deployment of Tasers by the States of Jersey Police Force. The record of this meeting was classified as exempt in accordance with the Freedom of Information (Jersey) Law 2011 (as amended) under Qualified Exemption Article 35. |
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Date: 22nd June 2020
Present | Deputy Robert Ward , Chair Deputy Rowland Huelin, Vice-Chair Deputy Trevor Pointon Deputy Mike Higgins [Items 1 – 10 and 12] Deputy Louise Doublet |
Apologies |
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Absent |
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In attendance | Deputy Kevin Pamplin, Care of Children in Jersey Review Panel [Item 2 only] Senator Tracey Vallois, Minister for Education [item 11 only] Deputy Jeremy Maçon, Assistant Minister for Education [item 11 only] Martin Keith, Private Secretary to the Minister for Education [item 11 only] Andy Harris , Committee and Panel Officer Monique Magalhaes, Research and Project Officer [item 1-10 and 12] |
Agenda matter | Action |
1. Records of Meetings The Panel noted and approved the records of the meetings held on 8th and 9th June 2020. |
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2. Children's Day 2020 The Panel received Deputy Kevin Pamplin from the Care of Children in Jersey Review Panel in order to discuss a proposal in relation to Children's Day 2020. It was noted that the Care of Children in Jersey Review Panel (hereafter the Review Panel') had been approached by Officers from the Department for Strategic Policy, Planning and Performance (SPPP) to contribute to a video that was being created in order to celebrate the first annual Children's Day on Friday 3rd July. Noting that the membership of both the Panel and Review Panel was the same (with the exception of Deputy Huelin and Deputy Pamplin respectively), it was agreed that both Panels should contribute to the video. It was noted that the Chair of the Panel was due to meet officers from the Government Communications Team at 12:30pm in order to film the section relevant to the Panel and Review Panel. The Panel and Deputy Pamplin noted and discussed a document containing proposed wording for the joint contribution and agreed changes. The Officer advised that a revised version would be circulated later in the day for final approval. | AH |
The Panel thanked Deputy Pamplin for his contribution and he withdrew from the meeting. |
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3. Teacher Recruitment and Retention Review The Panel noted and discussed a revised draft of the report arising from the review. Subject to minor changes, it was agreed that the report could be sent for factual accuracy checking. It was noted that, due to the ongoing Covid-19 situation, and the current workload of the Department for Children, Young People, Education and Skills (CYPES), a three-week period had been agreed for factual accuracy checking as opposed to the usual five-day period. The Panel noted and discussed proposed findings and recommendations arising from the report and agreed minor changes. It was agreed that the Panel would arrange a separate meeting in which to discuss the findings and recommendations. The Officer advised that a date would be identified, and a meeting request would be circulated in due course. | AH AH |
4. Covid-19 Response The Panel noted the action log in relation to the questions that had been raised with the Minister for Education to date. It was agreed that the Panel would continue with its weekly meetings with the Minister for Education, especially in light of the return of schools. It was also agreed that the regular catch-up meetings with the Minister for Children and Housing and the Minister for Home Affairs to discuss their respective responses to Covid-19 could be paused at present and organised as and when required. The Panel received an update on the emergency legislation arising from Covid-19 that was relevant to its remit. It was noted that P.77/2020 Draft Covid-19 (Civil Partnerships and Marriage No.2) (Jersey) Regulations 202- had been adopted by the States Assembly on 16th June 2020. It was also noted that there were no further legislative matters arising within the Panel's remit at present, although this would be monitored accordingly. The Panel received a briefing paper which outlined a proposed approach to its work in respect of Covid-19. It was agreed that the Panel would scope a review which examined the impact of the decisions made within its remit on families and the education and well-being of children. Noting work was also being undertaken by the Corporate Services and Economic and International Affairs Scrutiny Panels and the Comptroller and Auditor General, which examined the decision-making processes and economic impact of the decisions, it was agreed that the Panel would consider the scope of that work when planning its own. | AH |
5. Draft Covid-19 (Fixed Penalty Notices) (Jersey) Regulations 202- The Panel noted that there was no further update on the progress of the Draft Covid- 19 (Fixed Penalty Notices) (Jersey) Regulations 202- (the draft Regulations'). The Officer advised that regular contact was being made with the Minister for Home Affairs' team in order to identify updates on the draft Regulations, and any further updates would be provided to the Panel when received. | AH |
6. Work Programme The Panel noted and discussed a proposed work programme for the remainder of 2020. It was identified that there were several possible reviews arising and the Panel would need to prioritise them accordingly. It was also noted that the Panel had |
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received a report from a member of the public which had suggested a review of the Island's drug strategy was required. To that end, it was agreed that the Panel would write to the Ministers within its remit in order to clarify their own work programmes and priorities for 2020 prior to confirming its own priority areas. | AH |
7. Government Plan 2021 update The Panel received an update on preparations for the scrutiny of the upcoming Government Recovery Plan. It was noted that the Government Plan Review Panel was preparing a Memorandum of Understanding (MOU) with the Council of Ministers (CoM) with regard to the manner in which information would be shared with Scrutiny Panels to allow for review of the plan. It was noted that this had arisen due to the Covid-19 outbreak, and the States Assembly was due to be asked to debate an amendment to Standing Orders to reduce the lodging period for the Government Plan from 12 weeks to 9 weeks. The Officer advised that an update on the previous Government Plan projects and their progress would be circulated in due course. | AH |
8. Deployment of Tasers by States of Jersey Police Force Officers The Panel recalled that it had received a briefing from the Minister for Home Affairs and Officers from the States of Jersey Police Force (SoJPF) on Friday 22nd June in relation to proposed changes to the deployment of tasers. It was agreed that the briefing had raised several concerns and that a review of the proposals should be scoped. It was noted that the Minister for Home Affairs had invited the Panel to attend a demonstration of a taser and dates were being identified for this to take place. | AH |
9. CYPES and Children's Commissioner Survey The Panel recalled that it requested a briefing on the actions that were due to be undertaken in response to the findings of the joint CYPES and Children's Commissioner survey. It was noted that a date was due to be identified, after which a meeting request would be sent out. | AH |
10. Quarterly Public Hearing with the Minister for Home Affairs The Panel noted and discussed a draft question plan for its upcoming quarterly hearing with the Minister on Friday 10th July. It was agreed that the Panel would review the question plan and communicate any additional areas to the Officers via Microsoft Teams. | AH/MM |
11. Meeting with the Minister for Education in relation to the Covid-19 response The Panel received Senator Tracey Vallois, Minister for Education, Deputy Jeremy Maçon, Assistant Minister for Education and Martin Keith, Private Secretary to the Minister for Education for a meeting to discuss the ongoing response to the Covid- 19 outbreak. The Minister for Education explained that the main focus of CYPES at present was the return to school of all children. It was noted that this was being conducted in a phased approach over the next two weeks and was not compulsory. It was explained that physical distancing was not required within Primary Schools as students remained in the same class all day where contact tracing could be maintained, and |
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distancing issues mitigated. It was, however, noted that this was not the case in secondary schools where one-meter distancing was required. It was explained that students generally did not remain in single classes and would normally attend different classes in various rooms with different students. The Minister explained that this presented a number of challenges in relation to the management of secondary schools which had resulted in the return of all children to school being announced with little warning to the Panel. It was noted that the Scientific Technical Advisory Cell (STAC) had provided advice which highlighted that 15-year-old students and above where more likely to adhere to physical requirements than those under the age of 11. It was also stressed that the incidence of transmission in older children was higher than young children. The Minister explained that the STAC advice had highlighted the negative impact on younger children from continued absence from school as outweighing the risk of transmission. To that end, it was noted that all parents had been written to with the latest advice from STAC. The Minister explained that the process relating to the return of students would be different in each school due to the individual requirements as a result of different buildings and class sizes. It was noted that schools had been provided with support to complete individual risk assessments and develop return plans unique to them which ensured guidance was adhered to. The Panel enquired as to what the reaction to the return to school had been from parents. The Minister explained that the overall reaction had been positive, however, she had continued to receive enquiries from parents in relation to vulnerable children and shielding requirements. It was noted that the recent Year 6 return had achieved a 93% attendance rate and it was expected that further data of the latest return would be available in due course. It was hoped that all primary schools would have returned by the end of June. The Panel raised the issue that children in primary schools would be able to have contact with their peers in school, however, they would not be able to outside of school due to the current Regulations. The Minister advised that this had been raised with the Council of Ministers (CoM) and STAC and the general view was that schools were a controlled environment where contact tracing could be managed. It was noted that this was not possible outside of the school setting, hence this had not been extended outside of the school setting. The Panel questioned the level of involvement of the Minister in the decision-making processes within the Emergencies Council (EC) and Competent Authorities Board (CAB). The Minister explained that she was invited to attend meetings but was not a voting member. The Panel questioned whether the Law surrounding the membership of the groups should be revisited. The Minister confirmed that the level of staffing in Primary Schools was currently good and only a few staff were continuing to shield. It was noted that teachers were still required to combine face to face teaching with online sessions. It was explained that Head Teachers and Teachers were responsible for balancing this need, and training was being made available where required. The Panel questioned whether consideration had been given in relation to the likely impact of the winter flu period later in the year and how this would be managed in the context of Covid-19. The Minister explained that this had yet to be considered in |
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detail, however, would form part of the preparations for the return to school in September. The Panel questioned what special measures had been put in place for vulnerable children, especially those for whom the school were in receipt of the Jersey Premium funding. The Minister explained that work had been undertaken in order to support vulnerable children. All children of critical workers and those identified as vulnerable had been provided with a school place since April and a further 350 students with a record of need had been identified for support as well. It was noted that the Jersey Youth Service (JYS) had repositioned a number of its services to support children, including increasing the opening times of the Youth Enquiry Service (YES Project), adding another full-time-equivalent post to the counselling service offered by the YES Project and providing a free phone telephone service. Youth Workers were also keeping in regular contact with vulnerable children through a variety of mediums and holding online youth club' sessions where they could run quizzes or activities for young people. It was explained that the Emotional Literacy Support Assistants (ELSAs) and Educational Psychologists had also contributed to the various types of support available to children and young people. The Minister explained that with the return of schools, it was likely that there may be an increase in the number of referrals in relation to child protection and well being issues. It was noted that schools had prepared for this eventuality and services had been repositioned in order to address this should it occur. The Minister advised that she was due to progress a number of policy matters, including the findings of the independent school funding review. It was agreed that it would beneficial to continue with regular meetings with the Minister, especially throughout the period leading up to the next Government Plan. The Panel thanked the Minister, Assistant Minister and her Private Secretary for attending and they withdrew from the meeting. |
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12. Future Meetings The Panel noted that its next scheduled meeting was due to take place at 10:15am on Monday 6th July 2020 via video conference. |
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Children, Education and Home Affairs Scrutiny Panel
Record of Meeting
Meeting held by video conference
Date: 29thJune 2020
Present | Deputy Robert Ward , Chair Deputy Trevor Pointon Deputy Louise Doublet |
Apologies | Deputy Rowland Huelin, Vice-Chair Deputy Mike Higgins |
Absent |
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In attendance | Senator Tracey Vallois, Minister for Education Deputy Jeremy Maçon, Assistant Minister for Education Martin Keith, Private Secretary to the Minister for Education Andy Harris , Principal Committee and Panel Officer |
Agenda matter | Action |
1. Meeting with the Minister for Education in relation to the Covid-19 response The Panel received Senator Tracey Vallois, Minister for Education, Deputy Jeremy Maçon, Assistant Minister for Education and Martin Keith, Private Secretary to the Minister for Education for a meeting to discuss the ongoing response to the Covid- 19 outbreak. The Panel questioned the progress of the return to school of students in primary schools. The Minister advised that the attendance rates had been high in primary schools and each year group had now returned to the school setting. It was noted that this had been undertaken via a staggered approach, with the cumulative total of students increasing each day as a new year group returned. It was noted that as of 30th June, every primary school child should be able to return to school for the rest of the academic term. It was explained that nursery places in Government of Jersey Schools had reached a 49% attendance rate and this would likely increase over the coming weeks. In respect of secondary schools, the Minister advised that each school had undertaken the return depending on their particular circumstances, taking into account the year group size and layout of the building. It was noted that some schools had adopted an A-Team and B-Team' approach, whereby students would return for set periods during the day and work from home during others and vice versa. It was explained that an expectation of cleaning up after yourself and cleaning touch points was being placed on students above the regular scheduled cleaning that was being undertaken by the individual schools. The Minister explained that she was hopeful that schools would now return to some semblance of normality, all the while being mindful of the upcoming debate on the re-opening of the borders and the potential impact that could have on increased infection rates. It was, however, expected that there would be no further requirement to close the schools entirely as much more |
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information was now available in relation to the way in which the infection spread, especially amongst children. It was noted that children and young people were not super spreaders as had first been feared, and the transmission of infected droplets was in fact greater between adults. It was explained that staff availability could impact the ability for schools to remain open. In the event that a year group did not have sufficient staff to operate safely, then a decision could be made to close the school to that specific year group, rather than the entire school. The Minister advised that if a second wave of infection took a similar trajectory to the first wave, it was unlikely that schools would be closed as a precaution, especially given the increased information available. Any decision would ultimately be made in line with the latest medical advice from the Scientific Technical Advisory Cell (STAC). The Panel questioned what procedures would be put in place to monitor schools during the traditional winter flu season, especially those designed to monitor children who displayed any symptoms, whether Covid-19 related or not. The Minister advised that conversations were yet to be had in respect of this matter, however, it was likely that the schools would have a clear steer by September in order to tackle the issue. The Minister explained that a quality assurance process was due to be undertaken in respect of the online learning students had been accessing at home. It was hoped that this would allow the Department to learn from the process and improve what could be made available in the future. The Panel noted that a number of school trips abroad had been cancelled as a result of Covid-19. It questioned whether consideration was being given to utilising on- island opportunities for school trips instead. The Minister advised that off-island trips had been cancelled and deposits would have been returned and any future off-island trips would heavily rely on the situation in the country being visited. It was noted that some on-island trips could be possible (including Crabbe and St. Aubin's Fort), however a decision would be made once further information was available. The Panel questioned whether there had been a spike in behavioural and well-being issues amongst children now that schools had returned. The Minister advised that she had not received any concerning reports as yet, however, programmes were in place to mitigate the risks and the Children's Service were prepared to tackle any increase in child protection and safeguarding issues. It was explained that the major feedback received to date was overwhelmingly positive in respect of the return to school. The Panel asked the Minister whether there was any intention to survey teaching staff for their views on the response to Covid-19 within education. The Minister advised that a States wide staff survey was due to be launched in the coming week which would partly focus on the response to Covid-19. The Panel suggested that it would be important to carry out a survey specific to teachers as an all staff survey could potentially miss out key issues specific to education. The Minister explained that the Department for Children, Young People, Education and Skills (CYPES) was continuing to meet with the Education Unions to discuss the work being done in relation to Covid-19. The Panel questioned whether there was any intention to adopt a free school meals initiative over the summer holidays as had been agreed in the United Kingdom. The Minister explained that a business case had been developed with Caring Cooks to support families during the lockdown period, however, this was principally designed to offer support during term time. The Panel suggested that further consideration |
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should be given to how the initiative could support vulnerable families over the summer months. The Panel requested an update on the numbers of students who were likely to defer their attendance at university until September 2021. The Minister advised that CYPES and Student Finance were monitoring this situation, although at present there was a mixed picture. Some students had agreed to defer their places, whilst others were still seeking to take up course in September. It was noted that once Student Finance had processed all of the relevant applications, more information would be available. The Panel noted that two existing Primary Head Teachers had been recruited to take on the leadership of another school in addition to their current post. The Minister explained that this was a pilot scheme that would take place across four academic terms and would allow the Head Teachers to develop a partnership model between the two schools under their respective remits. It was noted that the two Heads would be paid more on account of the increased responsibility, however, resources would be made available to backfill any increased staff requirements in each school as a result. The Minister advised that this had not been considered in the town schools at this time as a result of the specific demands placed upon them. The Panel thanked the Minister, Assistant Minister and her Private Secretary for attending and they withdrew from the meeting. |
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Children, Education and Home Affairs Scrutiny Panel
Record of Meeting
Meeting held by video conference
Date: 6th July 2020
Present | Deputy Robert Ward , Chair [item 2 and items 10 -12] Deputy Rowland Huelin, Vice-Chair [items 1-10 and 12] Deputy Trevor Pointon Deputy Mike Higgins [item 1 only] Deputy Louise Doublet |
Apologies |
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Absent |
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In attendance | Simon Harris on, End Cannabis Prohibition Jersey [item 2] Senator Tracey Vallois, Minister for Education [item 11 only] Deputy Jeremy Maçon, Assistant Minister for Education [item 11 only] Martin Keith, Private Secretary to the Minister for Education [item 11 only] Andy Harris , Principal Committee and Panel Officer Monique Magalhaes, Research and Project Officer |
Agenda matter | Action |
1. Records of Meetings The Panel noted and approved the records of the meetings held on 19th and 22nd June 2020. |
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2. Meeting with Simon Harris on, Co-ordinator of End Cannabis Prohibition Jersey The Panel received Simon Harris on, Co-ordinator of End Cannabis Prohibition Jersey, for a briefing on the research and work he had undertaken in relation to substance use and misuse in relation to Jersey. The Co-ordinator of End Cannabis Prohibition Jersey outlined and discussed his views and objectives considering substance use and misuse as well as a substance misuse strategy for Jersey. Areas discussed were as follows:
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Considerations in relation to whether a substance misuse strategy would be better placed under the remit of the Health and Community Services Department instead of under the remit of the Justice and Home Affairs Department. The Co-ordinator of End Cannabis Prohibition Jersey informed the Panel that, prior to 2005 (1999-2004), it was his view that a more holistic strategic approach regarding substance use and misuse was followed in Jersey. However, from 2005 the strategy had involved a more punitive approach under the remit of the then Home Affairs Department. It was noted that as part of the BaSS Strategy, annual reports had been published. However, since 2016 no further reports had been published with regards to substance use and misuse in Jersey. The Co-ordinator of End Cannabis Prohibition Jersey believed that it was the duty of the Government of Jersey to keep the public informed of the types of drugs being marketed, and to educate the public on substance use and misuse. However, in that regard, information that was publicly available on the Government of Jersey Website had not been maintained and kept up to date. The Co-ordinator of End Cannabis Prohibition Jersey highlighted that the recent Mental Health Review undertaken by the Health and Social Security Scrutiny Panel had not considered substance use and misuse. He proposed that this constituted a gap in the mental health strategy as substance use and misuse could be connected to aspects of mental health. Suicide was given as an example. It was noted that Guernsey had transferred the strategic responsibility for its drug and alcohol strategy from the Committee for Home Affairs to the Committee for Health and Social Care. The Co-ordinator of End Cannabis Prohibition Jersey emphasised that Guernsey appeared to be leading the way with regard to considering alternative and non-punitive approaches to address drug related issues. The Panel questioned the Co-ordinator of End Cannabis Prohibition Jersey on what his objectives for meeting the Panel were and his proposed anticipated outcomes from the meeting. The Co-ordinator of End Cannabis Prohibition Jersey raised concern over the need for the substance use and misuse strategy to be addressed in Jersey and anticipated the Panel could assist in that regard. Additionally, he hoped consideration would be given to moving any future strategy under the remit of the Health and Community Services Department. A review of the legislation governing the area was also highlighted as requiring further consideration. The Panel explained that clarity was required with regards to the strategy that was already in place, as well as any work that was being undertaken with regards to the development of a future approach and strategy. Additionally, clarity was needed with regards to who had responsibility for overseeing the strategy, approach and the development of the strategy. Moreover, clarity around the funding element was also required. The Panel noted that it would be raising questions around the BaSS strategy as well as substance use and misuse at its upcoming quarterly Hearing with the Minster for Home Affairs on Friday the 10th July and anticipated that this would provide some initial insight. | AH |
The Panel agreed that it would consider ways in which a review of substance use and misuse in Jersey could be undertaken and might consult with the Co-ordinator of End Cannabis Prohibition Jersey in due course, and if further information was required. The Co-ordinator of End Cannabis Prohibition Jersey welcomed this and informed the Panel that he would be happy to offer any further assistance if required. The Panel thanked the Co-ordinator of End Cannabis Prohibition Jersey for attending the meeting and he withdrew from the meeting. |
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3. Teacher Recruitment and Retention Review The Panel received an update regarding the review. It was noted that the report had been sent to the Department for Children, Young People, Education and Skills (CYPES) and stakeholders for factual accuracy checking and that a response was expected by Wednesday 15th July. The Panel noted that it was due to meet on Tuesday 7th July to discuss the proposed findings and recommendations arising from the report. The Officer advised that the final recommendations and findings would be shared with the Panel on Teams in advance of the meeting. | AH AH |
4. Covid-19 Response The Panel noted the action log in relation to the questions that had been raised with the Minister for Education to date in respect of the Government's response to Covid- 19 within her remit. It was agreed that the Panel would continue to hold weekly meetings with the Minister for Education, however, would pause meetings for a two-week period in August. The Panel agreed it would discuss its intention to pause the meetings with the Minister for Education at its next scheduled meeting with her. The Officer noted that the combined Covid-19 Response review work being undertaken by the Corporate Services (CSSP) and Economic and International Affairs (EIA) Panels as well as that of the Comptroller and Auditor General (C&AG) was focussed around the economy and would not crossover with the potential Covid- 19 response and Impact on Wellbeing review that the Panel was considering. In that regard, it was the Panel's intention to consider the immediate impacts of the Covid -19 response on the wellbeing of children as well as any long-term impacts looking ahead. The Panel discussed including aspects regarding academic wellbeing (learning and online learning) as well as emotional and mental wellbeing (psychological impacts and anxiety). It was agreed that a Scoping Document and Terms of Reference for this review would be compiled and shared with the Panel in due course. | AH |
5. Draft Covid-19 (Fixed Penalty Notices) (Jersey) Regulations 202- The Panel noted that there was no further update on the progress of the Draft Covid- 19 (Fixed Penalty Notices) (Jersey) Regulations 202- (the draft Regulations'). The Officer advised that regular contact was being made with the Minister for Home Affairs' team in order to identify updates on the draft Regulations, and any further updates would be provided to the Panel when received. | AH |
6. Work Programme The Panel noted and discussed a proposed work programme for the remainder of 2020. It was identified that there were several possible reviews arising and the Panel would need to prioritise them accordingly. |
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The Panel noted and discussed two reviews which formed part of the work programme including the Covid-19 Response – Impact of Wellbeing review, for which a Scoping Document and Terms of Reference would be compiled. Additionally, a review of the Deployment of Tasers by the States of Jersey Police Force Officers. Subsequent to the meeting with Simon Harris on, the Panel discussed the potential review regarding Jersey's drug strategy. Consideration was given with regards to a Review Panel being formed to undertake that review. Deputy Doublet expressed her interest to lead the Review Panel and Deputy Huelin his interest in joining as a Panel member. | AH AH |
7. Government Plan 2021 update The Panel received an update on preparations for the scrutiny of the upcoming Government Recovery Plan. It was noted that due to the Covid-19 outbreak, the States Assembly was due to be asked to debate an amendment to Standing Orders to reduce the lodging period for the Government Plan from 12 weeks to 9 weeks. The Panel noted an Excel spreadsheet which detailed the projects and associated RAG ratings regarding the Panel's previous Government Plan Review. It was noted that questions specific to the various projects had been compiled for Panel consideration. The Panel agreed to consider the questions included in advance of discussions regarding the Government Plan Review at its next scheduled meeting. |
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8. Deployment of Tasers by States of Jersey Police Force Officers The Panel recalled that it was invited to attend a demonstration on Taser at the States of Jersey Police Head Headquarters and that dates for this were being identified. The Officer advised that this had now been confirmed for Wednesday 22nd July. The Panel agreed that, currently, it would not be beneficial for it to attend the demonstration. Hence, it agreed that it would not attend and that its decision should be conveyed to the invitees accordingly. The Panel was informed that a Scoping Document and Terms of References for its review of the proposals had been compiled and would be shared in due course for Panel approval. | AH AH |
9. CYPES and Children's Commissioner Survey The Panel recalled that it requested a briefing on the actions that were due to be undertaken in response to the findings of the joint CYPES and Children's Commissioner survey. It was noted that a date was due to be identified, after which a meeting request would be sent out. | AH |
10. Quarterly Public Hearing with the Minister for Home Affairs The Panel noted, discussed and agreed changes to a draft question plan for its upcoming quarterly hearing with the Minister for Home Affairs on Friday 10th July. The Officers advised that an amended version of the question plan would be shared with the Panel in due course. | AH/MM |
11. Meeting with the Minister for Education in relation to the Covid-19 response The Panel received Senator Tracey Vallois, Minister for Education, Deputy Jeremy Maçon, Assistant Minister for Education and Martin Keith, Private Secretary to the Minister for Education for a meeting to discuss the ongoing response to the Covid- 19 outbreak. |
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The Minister for Education (the Minister') updated the Panel on current activities and actions being undertaken. The Minister explained that the Education Department had begun commencing work in relation to the Government Plan. Additionally, other areas of focus had included the Independent School Funding Review and the Rebalancing Expenditure Report in order to forecast non- expenditure and to address areas where potential savings could be made. Regarding the Independent School Funding Review, the Minister anticipated that it would be presented to the Council of Ministers in due course. The Minister informed the Panel of a press release that was due to be published, imminently, in relation to Hardship Funding to support nurseries that had remained open to children during the Covid-19 crisis. The Minister noted that a paper in relation to Higher Education Funding had been presented to her during the previous week. It was confirmed that children identified up to the end of March as having a Record of Need (RON) had been included on the list of children who could attend school during the lockdown closures. The Panel questioned whether school places were allocated to children with a RON on a selective basis, or whether school places were made available to all children with a RON. The Minister was unable to confirm the basis used for allocating school places, however, it was agreed that the Panel would be supplied with this information in due course. The Panel questioned the Minister on who held responsibility for communicating to parents of children with a RON that their children could return to school. The Minister explained that, as far as she was aware, communications would have been directed via Children, Young People, Education and Skills (CYPES) to the school, and then to the Parent via the school. The Panel asked whether the communication to the parent would have come from the headteacher of the school. The Minister confirmed that she would revert to the Panel with further details. The Panel asked the Minister if she was aware of any issues within schools currently as a result of children returning to schools. The Minister explained that she had not had any issues directed to her and was not aware of any issues. Additionally, with regards to the recent Children's Day celebrations, she had not been made aware of any issues in that regard. The Panel asked the Minister whether there was clarity regarding schools reopening in September after the summer holidays. The Minister explained that it was her intention to have schools open as normal from September, however, that if the one metre social distancing guidelines were still in place for children over the age of 11 years, at that time, further measures would need to be considered. She added that, potentially, additional facilities may be required to accommodate students in September if that was the case. The Panel questioned the Minister about the positive case of Covid-19 that was connected to an individual in a private school. The Minister explained that she had been made aware of the case, as the school had immediately notified the Group Director of CYPES. The Minister informed the Panel that the infected individual had not had contact with the children at the school. Regarding a second rumoured potential case connected to the school, the Minister explained that she had not been made aware of any further confirmed cases in that regard. | TV TV |
The Panel asked the Minister if a protocol existed with regards to a child attending school who had tested positive for Covid-19. The Minister explained that the response for a child testing positive at school was formalised through the Government's contact tracing and testing regime. The Minister emphasised that schools utilised separate classes, bubbles for teaching and staggered start times to facilitate that process should a child test positive for Covid-19. The Panel questioned whether schools had the appropriate cleaning regimes in place. The Minister advised the Panel that schools would have the required signage, cleaning and sanitising facilities available on site for staff and children. The Panel raised concern with regards to an email it had received from a teacher in relation to travelling off island for holidays and subsequently having to self-isolate on returning without being paid during that time. It was noted that reference had been made to this on the employee's page of the Government of Jersey website. The Minister explained that she would confirm with the Group Director for People and Corporate Services whether that was the case and whether the guidance available on the Government website required updating, considering the stage at which Jersey was in with regard to the Safe-Exit Strategy. A discussion followed regarding the meeting plans going forward. It was agreed that weekly meetings would continue, however, that the meetings would be paused for the weeks of the 3rd and 10th of August. The Panel thanked the Minister, Assistant Minister and her Private Secretary for attending and they withdrew from the meeting. | TV |
12. Future Meetings The Panel noted that its next scheduled meeting was due to take place at 10:15am on Monday 27th July 2020 via video conference. |
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Present | Deputy Robert Ward , Chair Deputy Rowland Huelin, Vice-Chair [Item 2 only] Deputy Trevor Pointon Deputy Louise Doublet [Item 1 only] |
Apologies | Deputy Mike Higgins |
Absent |
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In attendance | Connétable Len Norman, Minister for Home Affairs [Item 1 only] Deputy Gregory Guida, Assistant Minister for Home Affairs [Item 1 only] Julian Blazeby, Director General, Justice and Home Affairs [Item 1 only] Kate Briden, Group Director, Public Protection and Law Enforcement [Item 1 only] Nathan Fox, Assistant Director, Criminal Justice [Item 1 only] Andy Harris , Principal Committee and Panel Officer Monique Magalhaes, Research and Project Officer [Item 1 only] |
Agenda matter | Action |
1. Quarterly Hearing with the Minister for Home Affairs The Panel received Connétable Len Norman, Minister for Home Affairs, Deputy Gregory Guida, Assistant Minister for Home Affairs, Julian Blazeby, Director General, Justice and Home Affairs, Kate Briden, Group Director, Public Protection and Law Enforcement and Nathan Fox, Assistant Director, Criminal Justice for a quarterly public hearing. The proceedings were streamed live via Microsoft Teams and a recording was made so that a transcript could be produced. |
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2. Teacher Recruitment and Retention Review The Panel noted a document containing draft findings and recommendations arising from the review. The Panel discussed the draft findings and recommendations and agreed changes. It also agreed that a further meeting would be required in order to finalise them. The Officer advised that, in the meantime, the most recent changes would be circulated via Microsoft Teams. | AH |
Present | Deputy Robert Ward , Chair Deputy Louise Doublet Deputy Mike Higgins |
Apologies | Deputy Rowland Huelin, Vice-Chair Deputy Trevor Pointon |
Absent |
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In attendance | Senator Tracey Vallois, Minister for Education Martin Keith, Private Secretary to the Minister for Education Monique Magalhaes, Research and Project Officer |
Agenda matter | Action |
1. Independent School Funding Review The Panel received Senator Tracey Vallois, Minister for Education and Martin Keith, Private Secretary to the Minister for Education for a weekly meeting to discuss the response to the ongoing Covid-19 outbreak. During the meeting the Panel noted it had received documents relating to the Independent School Funding Review. The Panel discussed the Independent School Funding Review with the Minister for Education. The record of this meeting was classified as exempt in accordance with the Freedom of Information (Jersey) Law 2011 (as amended) under Qualified Exemption Article 36. |
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2. Weekly meeting with the Minister for Education The Panel discussed the following areas with the Minister for Education regarding the response to the ongoing Covid-19 outbreak:
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director had advised that all registered childcare provisions could open according to the guidance specified on the Government of Jersey website. The Minister explained that she had not received a response directly related to schools, however, she would follow it up and let the Panel know.
The Panel thanked the Minister for Education and her Private Secretary for the meeting and they exited the video conference. |
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Present | Deputy Robert Ward , Chair Deputy Mike Higgins Deputy Trevor Pointon |
Apologies | Deputy Rowland Huelin, Vice-Chair [Item 2 only] Deputy Louise Doublet [Item 1 only] |
Absent |
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In attendance | Tom Walker , Director General, Department for Strategic Policy, Planning and Performance [Item 2 only] Rebecca Young, Senior Policy Officer, Department for Strategic Policy, Planning and Performance [Item 2 only] Jacquie Miller, Legislative Drafter [Item 2 only] Beth Flambard, Research and Administration Officer, Ministerial Support Unit [Item 2 only] Andy Harris , Principal Committee and Panel Officer Monique Magalhaes, Research and Project Officer [Items 1 and 3 - 6] |
Agenda matter | Action |
1. Records of Meetings The Panel noted and approved the records of the meetings held on 29th June and 6th and 10th July 2020. |
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2. Briefing on Updated Police Complaints Law The Panel received Tom Walker , Director General, Department for Strategic Policy, Planning and Performance (SPPP), Rebecca Young, Senior Policy Officer, SPPP, Jacquie Miller, Legislative Drafter and Beth Flambard, Research and Administration Officer, Ministerial Support Unit for a briefing in relation to legislation surrounding the handling of complaints against the States of Jersey Police and Honorary Police. The record of this meeting was classified as exempt in accordance with the Freedom of Information (Jersey) Law 2011 (as amended) under Qualified Exemption Article 35. |
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3. Teacher Recruitment and Retention Review The Panel noted that the deadline for factual accuracy checking had passed and there had been no comments in respect of the draft report. The Panel noted that it was due to finalise the findings and recommendations arising from the report and agreed that it would meet at 10:00am on Friday 31st July in order to discuss this further. The Officer advised that a meeting request would be circulated in due course. | AH |
4. Covid-19 response The Panel noted the most recent version of the action log arising from the weekly meetings with the Minister for Education. The Panel discussed the actions log and agreed it did not have any further pressing queries to raise with the Minister at the |
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scheduled meeting at 2pm later in the afternoon. To that end, the Panel agreed that it would postpone the meeting until Monday 17th August. The Panel noted that there were currently no emergency legislative requirements arising within its remit in respect of the response to Covid-19. The Officer advised that further updates would be circulated as and when any developments occurred. The Panel noted that it had agreed to undertake a review of the impact of the Covid- 19 response within its remit on the wellbeing of children and young people. Noting that the schools had now broken up for the summer holidays and, given the number of other priority matters within its own work programme, the Panel agreed that it would postpone the review for the time being and come back to examine it further later in the year. |
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5. Deployment of Tasers by the States of Jersey Police The Panel recalled that it had agreed to produce a scoping document and Terms of Reference for a review of the proposed changes to the deployment of Tasers by the States of Jersey Police. The Panel discussed and agreed minor changes to the documents. The Officer advised that the changes would be made and the documents would be circulated to the Scrutiny Liaison Committee for final approval. It was also noted that, once approval had been received by the Committee, a letter would be sent to the Minister for Home Affairs informing him of the Terms of Reference for the review. To that end, the Officer circulated a draft of the letter which the Panel approved. | MM AH |
6. Work Programme The Panel received an update on its work programme over the coming months. It was noted that the Panel was due to conclude its review of Teacher Recruitment and Retention in the coming month, after which it would undertake reviews of the proposed changes to the deployment of Tasers and the updated police complaints law. It was also noted that the Panel would be contributing to the wider review of the next Government Plan from September onwards. The Panel noted that the Minister for Home Affairs had provided it with an overview of his non-Covid-19 priorities over the coming months which it would factor into its work programme accordingly. It was noted that similar responses from the Minister for Education and Minister for Children and Housing (specifically his remit for Children) were due to be received as well. The Officer advised that these would be followed up accordingly. | AH |
7. Government Plan update The Panel recalled that a spreadsheet had been circulated which provided an update on the projects and actions it had reviewed in the previous Government Plan. It was noted that a number of questions had also been identified arising from the projects and actions. The Panel agreed that it would review the spreadsheet further and provide the Officers with any additional questions for inclusion. It was noted that the Chief Minister and Chair of the Government Plan Review Panel had signed a memorandum of understanding in respect of the scrutiny of the Government Plan. To that end, it was expected that further details in relation to the assigned projects and actions that would be examined by the Panel would be shared with it in the coming month. |
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It was also recalled that the States Assembly had voted to reduce the lodging period of the Government Plan from 12 weeks to nine weeks. It was noted, therefore, that the Government Plan was due to be lodged on 12th October for a 15th December debate. The Officer advised that arrangements for public hearings with the relevant Ministers during October and early November were due to be made imminently. |
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8. Quarterly Hearing with the Minister for Home Affairs The Panel recalled the hearing with the Minister for Home Affairs on Friday 10th July and noted a number of actions that it had agreed to follow up from the hearing. The Panel agreed that it would proceed with submitting the follow up requests to the Minister. |
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9. Unlawful Public Entertainment Regulations The Panel recalled that P.22/2020 Draft Unlawful Public Entertainments (Amendment) (Jersey) Regulations 2020 (hereafter P.22/2020) had been adopted by the States Assembly on 24th March 2020. It was noted that the changes gave the Bailiff authority to remove consent for a large-scale event to take place in order to tackle the threat posed by Covid-19. Prior to the introduction of P.22/2020, this power was not afforded in the Regulations. The Panel also recalled that as the Regulations were triennial, they would need to be renewed in 2022. To that end, the amendment had not been time limited to 30th September as with other Covid-19 emergency legislation which the Panel had recommended be done at the time of the debate. It was recalled that the matter of bringing an amendment to remove this power, in order to allow proper scrutiny to be undertaken as to its necessity and proportionality had been recommended to the Minister for Home Affairs who had subsequently expressed the view that the change was required and should remain in place until the Regulations required renewal. The Panel agreed to consider whether to bring a proposition to reverse the amendment and would discuss the matter further at its next meeting. | AH |
10. Quarterly Hearing with the Minister for Education The Panel noted that it was due to hold a quarterly public hearing with the Minister for Education on Friday 25th September. The Panel discussed and agreed preliminary question areas for the hearing. The Officer advised that a draft question plan would be circulated for discussion at the next scheduled meeting. | AH |
11. Future Meetings The Panel noted that its next scheduled meeting was due to take place at 10:15am on Monday 14th September 2020 via Microsoft Teams. Noting the number of pieces of work within its work programme, the Panel agreed that it would also arrange meetings on Monday 17th August, Wednesday 26th August and Wednesday 2nd September. | AH |
Date: 31st July 2020
Present | Deputy Robert Ward , Chair Deputy Rowland Huelin, Vice-Chair Deputy Mike Higgins Deputy Trevor Pointon |
Apologies | Deputy Louise Doublet Deputy Mike Higgins |
Absent |
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In attendance | Andy Harris , Principal Committee and Panel Officer |
Agenda matter | Action |
1. Teacher Recruitment and Retention Review The Panel discussed and agreed its key findings and recommendations arising from the review. The Officer advised that an Executive Summary and conclusion would be drafted for final approval at the next scheduled Panel meeting on Monday 17th August 2020. | AH |
Date: 17th August 2020
Present | Deputy Robert Ward , Chair Deputy Rowland Huelin, Vice-Chair Deputy Trevor Pointon |
Apologies | Deputy Louise Doublet Deputy Mike Higgins |
Absent |
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In attendance | Andy Harris , Principal Committee and Panel Officer Monique Magalhaes, Research and Project Officer |
Agenda matter | Action |
1. Records of Meetings The Panel noted and approved the records of the meetings held on 20th, 27th and 31st July 2020. |
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2. Teacher Recruitment and Retention Review The Panel noted a final draft of its report has been circulated previously for comments and approval. The Panel subsequently approved the final draft of the report, along with its findings and recommendations. It was agreed that the Panel would proceed with the presentation of its report on Tuesday 25th August. The Officer advised that a news release to accompany the publication would be drafted and shared with it for final approval later in the week. A digital summary of the report would also be produced and circulated with the news release as well as to 4insight for distribution to all those who participated in the focus groups. | AH AH |
3. Covid-19 response The Panel noted and discussed the action logs for the Ministers within its remit in respect of matters relating to the Covid-19 response. It was noted that the Panel continued to meet weekly with the Minister for Education, however, meetings with the Minister for Home Affairs and Minister for Children and Housing had not taken place for a number of weeks. It was agreed that the Panel would arrange meetings with the Minister for Home Affairs and Minister for Children and Housing respectively. The Panel noted that P.103/2020 Draft Covid-19 (Amendments – Extension, Suspension and Repeal) (Jersey) Regulations 202- had been lodged by the Minister for Health and Social Services. Whilst this would usually fall within the remit of the Health and Social Security Panel, it was noted that the proposition made reference to legislation that had been examined by the Panel during the Covid-19 outbreak and whether it would be repealed, extended or suspended. The Panel requested that the Officer provide an overview of the legislation that fell within its remit contained in the proposition. | AH AH |
4. Change to Deployment of Taser by the States of Jersey Police Force The Panel recalled that its review had launched on Monday 10th August. To date the Panel had received three submissions and noted that the deadline was Monday 7th September. The Panel noted the timeline for the review and agreed that it would seek to arrange a public hearing with the Minister for Home Affairs to take place during the week beginning 14th September 2020. | AH |
5. Police Complaints Law The Panel recalled that it had agreed it would conduct a review of the proposed legislation that would update the Police Complaints Law. Noting that the legislation had yet to be lodged, the Panel discussed a briefing paper which outlined a proposed approach to the review. The Panel agreed to proceed with the approach proposed and the Officer advised that a scoping document and Terms of Reference would be circulated in due course for approval. | AH |
6. Unlawful Public Entertainment Regulations The Panel recalled that it had discussed bringing forward a proposition to reverse the amendment to the Unlawful Public Entertainments (Jersey) Regulations 2019 that had been adopted by the States Assembly on 24th March 2020 in light of the Covid- 19 outbreak. The Panel noted a briefing paper from the Officer which outlined a number of approaches in respect of an amendment. The Panel agreed that it would liaise with the Legislative Drafting Office in order to discuss the viability of the proposals and would discuss the matter further at its next scheduled meeting. | AH |
7. Work Programme The Panel noted that it had received responses from all three Ministers within its remit, updating it on their respective work programmes outside of the Covid-19 response. The Panel agreed that it would consolidate the responses into its own work programme and discuss the matter further at its next scheduled meeting. The Panel recalled that it had requested a briefing on the progress of the target operating model for the Department for Justice and Home Affairs (JHA) at the previous quarterly hearing with the Minister for Home Affairs. It was noted that this had been arranged with the Director General of JHA on Tuesday 25th August at 3:00pm. It was also noted that the Panel was due to receive a briefing from the authors of the Independent School Funding Review on the report's findings on Monday 24th August at 3:00pm. | AH |
8. Government Plan update The Panel noted that it had been provided with a spreadsheet which highlighted the RAG (Red, Amber, Green) ratings it had given to projects and actions within the previous Government Plan. The spreadsheet also set out a number of questions to follow up with the respective Ministers on the status of the projects. The Panel agreed that it would review the questions and discuss further at its next meeting. |
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The Panel noted that it was due to receive a briefing from Government Officials in relation to the timeline and proposed approach for the next iteration of the Government Plan in the coming week. |
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9. Quarterly Public Hearing with the Minister for Education The Panel noted a draft question plan for the public hearing with the Minister for Education that was due to take place on Friday 25th September. The Panel discussed and agreed changes to the question plan and requested that the Officer circulate the changes on Teams for further discussion. | MM |
10. Future Meetings The Panel noted that its next scheduled meeting was due to take place at 10:00am on Wednesday 26th August via Microsoft Teams. |
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Children, Education and Home Affairs Scrutiny Panel
Record of Meeting
Meeting held by video conference
Date: 26th August 2020
Present | Deputy Robert Ward , Chair Deputy Rowland Huelin, Vice-Chair Deputy Trevor Pointon |
Apologies | Deputy Louise Doublet Deputy Mike Higgins |
Absent |
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In attendance | Andy Harris , Principal Committee and Panel Officer |
Agenda matter | Action |
1. Records of Meetings The Panel noted and approved the record of the meeting held on 17th August 2020. |
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2. Teacher Recruitment and Retention Review The Panel recalled that it had presented its report on Tuesday 25th August. It was noted that there had been positive and widespread coverage of the report in the media and on social media. The Officer advised that the Ministerial Response Template had been sent to the Minister for Education and States Employment Board for a response by Wednesday 7th October. |
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3. Covid-19 response The Panel discussed the most recent action logs in respect of the Ministers within its remit. It was agreed that the Panel would write to the Minister for Education in order to clarify a number of points in respect of the return to school on 3rd September. The Officer advised that a draft letter would be circulated in due course for Panel approval. The Panel recalled that it had lodged an amendment to P.103/2020 Draft Covid-19 (Amendments – Extension, Suspension and Repeal) (Jersey) Regulations 202- (P.103/2020) in respect of time limiting changes to the Unlawful Public Entertainments (Jersey) Regulations 2019 that had been adopted by the States Assembly on 24th March 2020. The amendment, if adopted, would time limit to additional powers bestowed upon the Bailiff to remove consent for large scale events to take place (and place conditions on their operation) until 30th April 2021, in line with the other extensions proposed in P.103/2020. It was noted that the debate on P.103/2020 was due to take place on 8th September 2020. The Panel noted a briefing paper in relation to P.103/2020 which outlined the various pieces of legislation that were intended to be either extended, suspended or repealed to tackle Covid-19 and fell within its remit. The Panel discussed the proposition and agreed it would present comments to the States Assembly outlining its views on what was being proposed. It was requested that the briefing paper be circulated on Teams for the benefit of Members who were unable to attend the meeting. | AH AH |
The Panel noted that catch up meetings with the Minister for Home Affairs and the Minister for Children and Housing were due to be arranged in due course, and meeting requests would be circulated once confirmed. | AH |
4. Change to Deployment of Taser by the States of Jersey Police Force The Panel noted that the call for evidence was currently underway but so far only four submissions had been received. It was agreed that the Panel would promote the review further via social media in order to increase engagement. It was also noted that a Public Hearing had been arranged with the Minister for Home Affairs to discuss the proposals on Thursday 17th September. | AH |
5. Police Complaints Law The Panel noted and discussed a draft Scoping Document and Terms of Reference for the review. Additional stakeholders were identified, and the Panel requested that these be added to the Scoping Document. Subject to those changes, the Panel approved the documents and agreed they could be circulated to the Scrutiny Liaison Committee for final approval. | AH |
6. Government Plan update The Panel received an update from the Officer on the Red, Amber, Green (RAG) ratings which it had assigned to projects within the previous Government Plan. The Panel discussed follow up questions in relation to the projects which had been rated amber or red and agreed to submit them in writing to the respective Ministers for an update. The Panel noted that Public Hearings had been arranged to discuss the upcoming Government Plan with the Minister for Home Affairs and Minister for Children and Housing on 29th and 30th October respectively. The Panel requested that the hearing with the Minister for Home Affairs be re-arranged due to other Panel Member commitments. It was noted that the hearing with the Minister for Education would also be arranged in due course. | AH AH |
7. Quarterly Public Hearing with the Minister for Education The Panel noted a draft question plan for the Public Hearing with the Minister for Education that was due to take place on Friday 25th September. The Panel discussed and agreed changes to the question plan and requested that the Officer circulate the changes on Teams for further discussion. | AH |
8. Quarterly Hearing with the Minister for Children and Housing The Panel noted that it was due to hold a Quarterly Hearing with the Minister on Friday 2nd October 2020. The Panel discussed question areas for the hearing and the Officer advised that a question plan would be drafted for discussion at the next Panel meeting. | AH |
9. Visit to Meadowview The Panel agreed that it would seek to arrange a visit to the secure unit based at Meadowview (an annex of Greenfields) that had been developed during the Covid- 19 outbreak in order to provide support to young people dealing with serious mental health concerns. The Officer advised that this would be arranged in due course and a meeting request circulated. |
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10. Future Meetings The Panel noted that its next scheduled meeting was due to take place at 10:00am on Wednesday 2nd September 2020 via Microsoft Teams. |
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Present | Deputy Robert Ward , Chair Deputy Louise Doublet Deputy Trevor Pointon |
Apologies | Deputy Rowland Huelin, Vice-Chair Deputy Mike Higgins |
Absent |
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In attendance | Andy Harris , Principal Committee and Panel Officer Monique Magalhaes, Research and Project Officer |
Agenda matter | Action |
1. Records of Meetings The Panel noted and approved the record of the meeting held on 26th August 2020. |
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2. Covid-19 response The Panel recalled that it had received a briefing paper in relation to the legislation within its remit that was being considered in P.103/2020 Draft Covid-19 (Amendments – Extension, Suspension and Repeal) (Jersey) Regulations 202-. It was noted that a draft Comments paper would be circulated in due course in respect of the legislation contained within the proposition that had been examined by the Panel to date. The Panel noted that, at present, there were no further legislative developments in respect of Covid-19 that fell within its remit. The Officer advised that meetings with the Minister for Home Affairs and Minister for Children and Housing were due to be organised in due course in order to discuss the response to Covid-19. | AH AH |
3. Government Plan update The Panel received an update from the Officer in relation to the upcoming Government Plan. It was noted that the Government had presented its six-month update report on Friday 28th August. Noting that the Panel had considered follow up questions to the previous Government Plan, it was agreed that it would review the contents of the six-month report and update the questions accordingly. The Officer advised that a briefing paper would be circulated in due course collating information from the six-month report and the Panel's previous review of the Government Plan with additional questions identified. | AH |
4. Quarterly Public Hearing with the Minister for Education The Panel discussed a draft question plan for the Public Hearing with the Minister scheduled for Friday 25th September. The Panel agreed additional questions and requested that the Officer update it accordingly. The Officer advised that a revised version would be circulated in due course for further discussion. | MM |
5. Quarterly Hearing with the Minister for Children and Housing The Panel noted that a draft question plan for the Public Hearing with the Minister on Friday 2nd October was due to be circulated shortly. It was agreed that the Panel would discuss the plan further at its next scheduled meeting. | AH |
6. Quarterly Hearing with the Minister for Home Affairs The Panel noted that it was due to hold a Quarterly Hearing with the Minister on Friday 9th October 2020. The Panel discussed and agreed initial question areas for the Hearing and the Officer advised that a draft question plan would be circulated for discussion at the next scheduled Panel meeting. | MM |
7. Future Meetings The Panel noted that its next scheduled meeting was due to take place at 10:15am on Monday 14th September via Microsoft Teams. The Panel agreed that it would continue to hold future meetings via Microsoft Teams for the foreseeable future and would review this decision in the coming months. |
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Present | Deputy Robert Ward , Chair Deputy Rowland Huelin, Vice-Chair Deputy Louise Doublet Deputy Trevor Pointon |
Apologies | Deputy Mike Higgins |
Absent |
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In attendance | Deputy Inna Gardiner Danny Scaife, Chef de Police, St Helier Steven Laffoley-Edwards, Chef de Police, St. Saviour Andy Harris , Principal Committee and Panel Officer |
Agenda matter | Action |
1. Meeting with Chefs de Police The Panel, joined by Deputy Inna Gardiner , received Danny Scaife, Chef de Police, St Helier and Steven Laffoley-Edwards, Chef de Police, St. Saviour for a meeting to discuss significant issues being faced by the Honorary Police in respect of their interaction with young people. The record of this meeting was classified as exempt in accordance with the Freedom of Information (Jersey) Law 2011 (as amended) under Absolute Exemption Article 25. |
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Present | Deputy Robert Ward , Chair Deputy Louise Doublet , Vice-Chair Deputy Trevor Pointon Deputy Mike Higgins |
Apologies |
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Absent |
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In attendance | Andy Harris , Principal Committee and Panel Officer Monique Magalhaes, Research and Project Officer |
Agenda matter | Action |
1. Records of Meetings The Panel noted and approved the records of the meetings held on 2nd and 3rd September 2020. |
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2. Election of Vice-Chair The Panel recalled that Deputy Rowland Huelin had relinquished his membership of the Panel following his appointment to the post of Assistant Chief Minister. It was noted that this created a vacancy for the role of Vice-Chair of the Panel. The Panel subsequently elected Deputy Louise Doublet as Vice-Chair. |
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3. Covid-19 Response The Panel agreed that, due to the volume of meetings that were due to take place, it would postpone its weekly catch-up meeting with the Minister for Education that was scheduled to take place at 2pm on Monday 14th September. The Panel discussed matters arising from the actions log in respect of the Minister for Education and agreed it would consider matters further when it next met with the Minister on Monday 21st September. It was noted that there were currently no legislative developments in respect of Covid-19 that fell within the Panel's remit. The Panel recalled that its amendment to P.103/2020 Draft Covid-19 (Amendments – Extension, Suspension and Repeal) (Jersey) Regulations 202- had been adopted by the States Assembly at the sitting on 8th September 2020. It was therefore noted that the changes made to the Unlawful Public Entertainments (Jersey) Regulations 2019 would be in place until 30th April 2020. |
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4. Change to the Deployment of Taser by the States of Jersey Police Force The Panel noted that it had received ten submissions in respect of the review and was due to hold a public hearing with the Minister for Home Affairs on Friday 25th September in order to discuss the proposals further. |
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The Panel discussed a draft question plan for the hearing on 25th September and agreed changes and additional questions. The Officer advised that an updated version would be circulated in due course for Panel approval. | AH/MM |
5. Police Complaints Legislation The Panel noted that work was ongoing to finalise the draft legislation and it was anticipated that it would be lodged in due course, after which the Panel would formally launch its review. The Officer advised that letters to key stakeholders requesting views would be drafted in advance in order that they could be sent out as soon as the legislation was lodged. Furthermore, a communications plan would be drafted for consideration at the next Panel meeting. | AH |
6. Government Plan Review The Panel noted a briefing paper which provided an update on the projects contained within the Government Plan as set out in R.89/2020 Government Plan 2020/23: six- month progress report. It was noted that the briefing paper also set out potential follow up questions in respect of the projects covered. The Panel agreed that it would consider the questions further at its next scheduled meeting. | AH |
7. Work Programme The Panel noted that an updated version of its work programme would be circulated by the Officer for discussion at the next meeting. | AH |
8. Quarterly Public Hearing with the Minister for Education The Panel discussed a draft question plan for the Quarterly Hearing with the Minister scheduled to take place on Friday 25th September. The Panel agreed additional question areas and the Officer advised that an updated draft would be circulated for Panel approval. The Panel also noted additional questions arising from the plan and agreed that it would submit them in writing for a response prior to the hearing. | AH/MM AH/MM |
9. Quarterly Public Hearing with the Minister for Children and Housing The Panel noted and discussed a draft question plan for the Quarterly Hearing with the Minister scheduled to take place on Friday 2nd October 2020. The Panel agreed additional question areas and questions and the Officer advised that an updated draft would be circulated in due course for discussion. | AH |
10. Quarterly Public Hearing with the Minister for Home Affairs The Panel noted a draft question plan for the Quarterly Hearing with the Minister scheduled to take place on Friday 9th October 2020. It was agreed that the Panel would consider the questions further and discuss them at the next Panel meeting. | AH/MM |
11. Future Meetings The Panel noted that its next scheduled meeting was due to take place at 10:15am on Monday 28th September via video conference. |
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Present | Deputy Robert Ward , Chair Deputy Louise Doublet , Vice-Chair Deputy Trevor Pointon Deputy Mike Higgins Deputy Kevin Pamplin |
Apologies |
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Absent |
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In attendance | Senator Sam Mezec , Minister for Children and Housing Deborah McMillan, Children's Commissioner for Jersey Michelle Moffat, Policy Principal, Strategic Policy, Planning and Performance Andrew Heaven, Head of Policy, Strategic Policy, Planning and Performance Marie Claire Hannigan, Private Secretary to the Minister for Children and Housing Andy Harris , Principal Committee and Panel Officer Monique Magalhaes, Research and Project Officer |
Agenda matter | Action |
1. Briefing: United Nations Convention on the Rights of the Child (UNCRC) Legislative Gap Analysis - Draft Final Report The Panel, joined by Deputy Kevin Pamplin, received Deborah McMillan, Children's Commissioner for Jersey, Senator Sam Mezec , Minster for Children and Housing, Michelle Moffat, Policy Principal, Andrew Heaven, Head of Policy and Marie Claire Hannigan, Private Secretary for the Minister for Children and Housing, for a briefing on the UNCRC Legislative Gap Analysis- Draft Final Report. The record of this meeting was classified as exempt in accordance with the Freedom of Information (Jersey) Law 2011 (as amended) under Qualified Exemption Article 35. |
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Present | Deputy Robert Ward , Chair Deputy Louise Doublet , Vice-Chair Deputy Trevor Pointon |
Apologies | Deputy Mike Higgins |
Absent |
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In attendance | Susan Devlin, Group Director, Children, Young People, Education and Skills Daniela Raffio, Head of Commissioning, Children, Young People, Education and Skills Catherine Keep, Clinical Governance Lead, CAMHS Marie Claire Hannigan, Private Secretary to the Minister for Children and Housing Andy Harris , Principal Committee and Panel Officer Monique Magalhaes, Research and Project Officer |
Agenda matter | Action |
1. Records of Meetings The Panel noted and approved the record of the meeting that took place on Monday 14th September 2020 |
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2. Briefing – Redesign of CAMHS The Panel received Susan Devlin, Group Director, Children, Young People, Education and Skills, Daniela Raffio, Head of Commissioning, Children, Young People, Education and Skills, Catherine Keep, Clinical Governance Lead, CAMHS and Marie Claire Hannigan, Private Secretary to the Minister for Children and Housing for a briefing on the proposed redesign of the Children and Adolescent Mental Health Service (CAMHS). The record of this meeting was classified as exempt in accordance with the Freedom of Information (Jersey) Law 2011 (as amended) under Qualified Exemption Article 35. |
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3. Covid-19 Response The Panel noted that there were currently no legislative developments in respect of Covid-19 that fell directly within its remit, however, this was being kept under review. Deputy Louise Doublet informed the Panel that she had submitted a written question for the next States Assembly sitting requesting an update on the policy areas being developed in relation to Covid-19 and whether Children's Rights Impact Assessments (CRIA's) had been undertaken in respect of them. The Panel agreed that it would question the Minister for Children and Housing on the number of CRIA's that had been undertaken to date at its upcoming quarterly hearing on Friday 2nd October. | AH |
The Panel also agreed that it would ask further questions at the hearing with the Minister in relation to the proposed legislation surrounding the wearing of masks in public places and the impact on children and young people. | AH |
4. Change to the Deployment of Taser by the States of Jersey Police Force The Panel recalled that, due to the extended sitting of the States Assembly, it had been unable to hold the scheduled public hearing on Friday 25th September with the Minister for Home Affairs to discuss the proposition. It was noted that the hearing was now scheduled for Thursday 1st October at 2:30pm. The Panel noted that it had requested a further deferral of the debate until Tuesday 3rd November in light of the delay to the hearing and its impact on the Panel's review. The Minister for Home Affairs had subsequently agreed to defer the proposition in accordance with the Panel's wishes. It was noted that a Heads of Report document had been drafted for the report, however, as the hearing had yet to take place, the Panel requested that it be circulated via Microsoft Teams so that it could be considered further. | AH |
5. Police Complaints Law It was noted that there was no further update in respect of the lodging date for the proposed legislation seeking to amend the manner in which complaints against the States of Jersey Police Force and Honorary Police were handled. The Officer advised that dialogue was ongoing with the Department for Strategic Policy, Performance and Planning (SPPP) to ascertain this information. It was explained that draft correspondence to stakeholders and a communications plan were being developed so that the Panel could launch its review as soon as the lodging date was confirmed. | AH AH |
6. Government Plan Review The Panel noted that it was due to receive a draft version of the Government Plan later in the day and would subsequently be able to engage with key stakeholders in confidence prior to its formal lodging on 12th October 2020. It was noted that once this had been received, the projects and actions to be reviewed by the Panel would be identified and relayed accordingly. The Panel recalled that it had scheduled hearings with the three Ministers within its remit to discuss the Government Plan as follows:
It was requested that the Officer update the work programme to include the dates for Government Plan Hearings. | AH AH |
7. Work Programme The Panel noted its current work programme included the following reviews: Changes to the deployment of taser by the States of Jersey Police – it was noted that this was due to be completed in time for the debate on 3rd November 2020. |
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8. Quarterly Public Hearing with the Minister for Children and Housing The Panel noted that is was due to hold a quarterly Public Hearing with the Minister on Friday 2nd October at 10:00am via Microsoft Teams. The Panel reviewed the question plan and agreed additional questions. The Officer advised that an updated plan would be circulated in due course. | AH/MM |
9. Quarterly Public Hearing with the Minister for Education The Panel noted that, due to the extension of the last States Assembly sitting, it had been forced to postpone its scheduled hearing with the Minister on Friday 25th September. It was noted that this had now been rescheduled for Friday 2nd October at 12:45pm. The Panel reviewed the question plan and agreed additional questions. The Officer advised that an updated plan would be circulated in due course. | AH/MM |
10. Quarterly Public Hearing with the Minister for Home Affairs The Panel noted that it was scheduled to hold a quarterly Public Hearing with the Minister on Friday 9th October at 10:00am. It was agreed that the Panel would consider the question areas further and confirm any additional areas with the Officers by Friday 2nd October. | AH/MM |
11. Future Meetings The Panel noted that its next scheduled meeting was due to take place at 10:15am on Monday 12th October 2020 via video conference. |
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Present | Deputy Robert Ward , Chair Deputy Trevor Pointon Deputy Mike Higgins |
Apologies | Deputy Louise Doublet |
Absent |
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In attendance | Connétable Len Norman, Minister for Home Affairs Deputy Gregory Guida, Assistant Minister for Home Affairs Robin Smith, Chief of States of Jersey Police Mark Hafey, States of Jersey Police Andy Harris , Principal Committee and Panel Officer Monique Magalhaes, Research and Project Officer |
Agenda matter | Action |
1. Taser Proposition Review Hearing with the Minister for Home Affairs The Panel received Connétable Len Norman, Minister for Home Affairs, Deputy Gregory Guida, Assistant Minister for Home Affairs, Robin Smith, Chief of Police, States of Jersey Police and Mark Hafey, States of Jersey Police for a public hearing regarding the Taser Proposition, P97-2020 for the Panel's review of the Proposition. The proceedings were streamed live via Microsoft Teams and a recording was made so that a transcript could be produced. |
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Present | Deputy Robert Ward , Chair Deputy Louise Doublet , Vice-Chair Deputy Trevor Pointon |
Apologies | Deputy Mike Higgins |
Absent |
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In attendance | Item 1: Senator Sam Mézec , Minister for Children and Housing Susan Devlin, Group Director, Children, Young People, Education and Skills Mark Owers, Director Safeguarding and Care Andrew Heaven, Head of Policy Item 2: Senator Tracey Vallois, Minister for Education Deputy Jeremy Maçon, Assistant Minister for Education Seán O'Regan, Group Director, Education Saboohi Famili, Group Director Skills and Lifelong learning Keith Posner, Head of Office, Children, Young People, Education and Skills Andy Harris , Principal Committee and Panel Officer |
Agenda matter | Action |
1. Quarterly Public Hearing with the Minister for Children and Housing The Panel received Senator Sam Mézec , Minister for Children and Housing, Susan Devlin, Group Director, Children, Young People, Education and Skills, Mark Owers, Director Safeguarding and Care and Andrew Heaven, Head of Policy for a Quarterly Public Hearing. The proceedings were webcast live via Microsoft Teams and a recording was made so that a transcript could be produced. |
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2. Quarterly Public Hearing with the Minister for Education The Panel received Senator Tracey Vallois, Minister for Education, Deputy Jeremy Maçon, Assistant Minister for Education, Seán O'Regan, Group Director, Education, Saboohi Famili, Group Director Skills and Lifelong learning, Keith Posner, Head of Office, Children, Young People, Education and Skills for a Quarterly Public Hearing. The proceedings were webcast live via Microsoft Teams and a recording was made so that a transcript could be produced. |
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Present | Deputy Robert Ward , Chair Deputy Trevor Pointon |
Apologies | Deputy Louise Doublet , Vice-Chair Deputy Mike Higgins |
Absent |
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In attendance | Andy Harris , Principal Committee and Panel Officer |
Agenda matter | Action |
1. Records of Meetings The Panel noted and approved the records of the meetings held on 18th and 28th September and 1st and 2nd October 2020. |
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2. Covid-19 Response The Panel noted that there were currently no legislative developments in respect of Covid-19 that fell within its remit. It was recalled that the return of schools had been discussed at the recent quarterly Public Hearing with the Minister for Education, and further consideration would be given to this matter as the school term progressed. |
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3. Change to the Deployment of Taser by the States of Jersey Police Force The Panel noted that a first draft of the report was due to be shared with it by Thursday 15th October. Accordingly, it was agreed that the Panel would meet at 9:30am on Friday 16th October in order to discuss the report and agree any further areas for consideration. The Officer advised that, due to the debate on the proposition taking place on Tuesday 3rd November 2020, any amendments would need to be considered and lodged prior to Tuesday 20th October. The Panel discussed potential amendments to the proposition and agreed to consider them further at the meeting on 16th October. The Officer advised that the Greffier would be consulted and options for the wording of potential amendments would also be presented to the Panel at its meeting on 16th October. | AH/MM AH/MM |
4. Police Complaints Law It was noted that there was currently no further update on the progress of the draft Legislation, however, this would continue to be followed up by the Officer. | AH |
5. Government Plan Review The Panel received a briefing from the Officer in relation to the proposed scrutiny of the Government Plan 2021-2024 explaining the projects and actions allocated to it by the Government Plan Review Panel (GPRP). |
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The Panel noted the allocated projects within the Government Plan and discussed and agreed the Scoping Document and Terms of Reference for the review. The Officer advised that a letter requesting views on the projects being examined would be drafted and circulated to stakeholders identified in the Scoping Document. The Panel noted that the hearing with the Minister for Education to discuss the Government Plan projects was scheduled for Friday 6th November. Noting that the Order Paper for the States sitting on Tuesday 3rd November contained a number of items of public business, the Panel agreed that it would move the scheduled hearing to Monday 9th November in the event the sitting was to continue into a fourth day. | AH AH |
6. Work Programme The Panel noted its forward work programme. It was recalled that the reviews in relation to the change in deployment of taser and the Government Plan were ongoing with only the review of the proposed Police Complaints Legislation expected to launch before the new year. The Panel noted that a number of other reviews were likely to start in the coming months, most notably in relation to the following:
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7. Briefings The Panel noted that it was due to receive the following briefings in the coming week:
It was noted that the Minister for Home Affairs intended to brief the Panel on the Future Borders and Immigration System which was due to be lodged alongside the Migration Policy on 20th October. The Panel agreed that it would schedule the briefing for Friday 16th October at 11:30am. | AH |
8. Future Meetings The Panel noted that its next scheduled meeting was due to take place at 10:15am on Monday 26th October via Microsoft Teams. The Panel recalled that the States Assembly had recently agreed to adopt a three- week meeting cycle on a trial basis in 2021. The Officer advised that a draft meeting schedule would be circulated for 2021 for discussion at the next meeting taking into account the changes adopted by the Assembly. | AH |
Present | Deputy Robert Ward , Chair Deputy Louise Doublet , Vice-Chair Deputy Trevor Pointon |
Apologies | Deputy Mike Higgins |
Absent |
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In attendance | Senator Tracey Vallois, Minister for Education Deputy Jeremy Maçon, Assistant Minister for Education Mark Rogers, Director General, CYPES Seán O'Regan, Group Director Education Keith Posner, Head of Office, CYPES Anne Homer, Head of Finance Business Partnering, CYPES Jack Norris, Policy Principal, SPPP Andy Harris , Principal Committee and Panel Officer |
Agenda matter | Action |
1. Briefing – Big Education Conversation and Education Reform Programme The Panel received Senator Tracey Vallois, Minister for Education, Deputy Jeremy Maçon, Assistant Minister for Education, Mark Rogers, Director General, CYPES, Seán O'Regan, Group Director Education, Keith Posner, Head of Office, CYPES, Anne Homer, Head of Finance Business Partnering, CYPES and Jack Norris, Policy Principal, SPPP for a briefing in relation to the findings of the Big Education Conversation and associated Education Reform Programme for Jersey. The record of this meeting was classified as exempt in accordance with the Freedom of Information (Jersey) Law 2011 (as amended) under Qualified Exemption Article 36. |
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Meeting held by video conference
Date: 14th September 2020
Present | Deputy Robert Ward , Chair Deputy Mike Higgins Deputy Trevor Pointon |
Apologies | Deputy Louise Doublet , Vice-Chair |
Absent |
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In attendance | Deputy David Johnson , Brexit Review Panel Deputy Kirsten Morel , Brexit Review Panel Mathew Berry, Legal Advisor, Law Officers Mark Cockerham, Head of Service, Customs and Immigration Steve Pallot, Senior Legal Advisor, Law Officers Richard Coenen, Customs and Immigration Nikita Hall , Committee and Panel Officer Monique Magalhaes, Research and Project Officer |
Agenda matter | Action |
Briefing – P119/2020, Immigration Acts: Extension to Jersey by Order in Council The Panel, jointly with Members of the Brexit Review Panel, received Matthew Berry and Steve Pallot from the Law Officers' Department, and Mark Cockerham and Richard Coenen from Customs and Immigration for a briefing on P.119/2020 – Immigration Acts: Extension to Jersey by Order in Council (hereafter the Proposition'). The Legal Advisor explained that the briefing aimed to cover the following aspects:
Regarding the Proposition and the constitutional relationship, the Panel questioned whether the United Kingdom's (UK's) legislation regarding Immigration Acts could be imposed on the States of Jersey if the States Assembly voted against the Proposition. It was explained by the Legal Advisor that the above would not be the possible and, for that to happen, it would need to be agreed upon and voted in by the States. |
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The Legal Advisor explained that Jersey's Immigration Law was founded on UK laws. It was further explained that the ideal situation would be for Jersey to achieve close coordination with the UK and the other Crown Dependencies as all associated jurisdictions were part of the Common Travel Area (CTA). Through that approach, travel between the CTA would be possible. Additionally, the above arrangement would be important for economic trade links as well. The Legal Advisor highlighted it continued to be important for Jersey to remain aligned with the Immigration Rules of the UK and that if Jersey adopted a different approach it would result in Jersey not meeting the rules of the CTA and that could undermine the CTA. Therefore, the approach undertaken by Jersey regarding immigration legislation involved the UK legislating on immigration matters, followed by Jersey preparing the text of Order in Council which ultimately copied the UK legislation. However, Jersey would apply the UK legislation as Jersey Law with modifications that suited Jersey's requirements. Jersey would make amendments to the legislation and it would be brought into the statute of Jersey. Regarding the Orders in Council, the process involved the Orders in Council being drafted in the Law Officers Department followed by discussions with the UK. Following this it would be brought to the States Assembly for approval. It was acknowledged that Jersey would discuss amendments with the UK Home Office, however, if the States Assembly did not approve the amendments, they would not be made. It was noted that if the States Assembly did not approve the consolidation of Orders in Council that Jersey's existing legislation would remain in effect. However, if Jersey did not consolidate the Orders in Council, Jersey would fall out of alignment with the Freedom of Movement (FoM) within the UK. The Panel questioned what was meant by falling out of alignment with the UK and whether it meant that Jersey would not adopt the UK's situation regarding FoM. It was explained that, currently, EU citizens had a legal right to move and live in the UK and Jersey through FoM rights. However, the UK would be repealing legislation that allowed the provision for FoM for EU citizens. It was explained that one of the Orders in Council would repeal FoM for Jersey, so would end FoM for EU citizens in Jersey. It was highlighted, for example, that if Jersey were to decide to maintain FoM for Jersey it could potentially open a door for EU migrants into the CTA. Therefore, the UK would not allow that as it would compromise the integrity of the CTA. The Senior Legal Advisor added that after 1st January 2021, EU citizens would not have FoM in Jersey or the right of leave to remain in Jersey under Jersey's current Immigration Legislation. However, through the States Assembly adopting the Orders in Council, the Orders in Council would enable the Minister for Home Affairs to allow an Order which would provide a grace period up until June 2021 for EU citizens who were resident in Jersey, who had not yet acquired settled status, to remain in Jersey. So, ultimately, it would protect the immigration status of EU citizens who currently resided in Jersey. If not, the immigration status for those individuals who had not yet acquired settled status prior to the 1st January 2021 would fall away. Members of the Brexit Review Panel raised concern that as it was a consolidation of legislation, it would result in the States Assembly adopting multiple laws at once. Concern was raised regarding the quantity of legislation that States Members would |
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need to consider and whether all States Members would have an appropriate understanding of what they would be voting on at the time, in view of the amount of legislation being considered at one time. Members of the Brexit Review Panel asked who had made the decision regarding which laws would be brought into Jersey law. The Legal Adviser explained that large components of the existing UK legislation would not require much change. However, where change was needed, the Law Officers Department (LOD) with the Minister for Home Affairs would be involved. Members of the Brexit Review Panel commented that reassurance was needed that Ministers would be actively considering the legislation and not blindly copying the UK legislation that might not be appropriate for Jersey. The Senior Legal Advisor confirmed that this was not the case and that there had been political input from the Minister for Home Affairs. Regarding the Republic of Ireland and movement for Irish citizens within the CTA, Members of the Brexit Review Panel raised concern whether Jersey would be bound to follow protocol that the UK had agreed in that regard. It was highlighted that within the bill that was currently being sent through UK Parliament, rights had been given to Irish citizens for FoM through the CTA. Additionally, Jersey's Minister for Home Affairs would be able to make Orders to regulate transit regarding Irish citizens between Jersey and Ireland. It was explained that Jersey would be able to make those Orders in the same way in which the UK had, therefore, ultimately, Jersey would maintain control in that regard. The Legal Advisor explained why consolidation of Orders in Council was important. Currently, the States of Jersey published online, all separately, a list of Jersey's immigration legislation, orders that extend to the UK as well as a link to the Immigration Rules (a handbook used by immigration officers). The Legal Advisor explained that currently to work out the Order which applied to Jersey the two would need to be read together, those being Jersey's immigration legislation and the Orders that had been extended from the UK. It was commented that the process involved had made navigating and understanding the immigration legalisation challenging. Moreover, to see how the UK legislation applied to Jersey Law, all the UK acts would need to be navigated. It was commented that this was challenging for Jersey citizens to navigate as it was challenging for Law Officers to do the same. The current set up had made Jersey's immigration laws inaccessible to members of the public who should be able to easily access the laws when required and should be able to easily understand what legislation applied to Jersey. Regarding P.119/2020 it was explained that it had aimed to consolidate Orders in Council as follows. Three columns would be used to depict the detail as followed:
It was explained that Column three depicted what was in the proposition. It was emphasised that the consolidation achieved a presentation of the law that would be accessible to the public in an understandable and usable format. |
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The Panel agreed upon the requirement for the consolidation process, However, questioned what the new changes and modifications encompassed. Regarding new changes and provisions, the two key provisions/changes were explained as follows:
Regarding Jersey's current process for establishing Immigration Rules, it was explained that the direction for Immigration Rules would be issued by the Minister for Home Affairs without the requirement for legal or formal States Assembly consultation. The change, however, would include a formal state of procedure for the Minister for Home Affairs to lodge the Immigration Rules for the States Assembly to consider and to express their view. The Minister would be required to consider and address any States Assembly concerns prior to bringing the revised Immigration Rules back to the States Assembly for further consideration. It was noted that the States Assembly would not be allowed to debate the Rules and that the procedure would ultimately involve the Minister for Home Affairs bringing a statement to the States Assembly in the form of a Report for consideration and comment. Regarding the Immigration Rules, it was noted that the rules had no legal inferences. Members of the Brexit Review Panel commented that the above procedure was a new procedure for the States Assembly and was undocumented. Concern was raised, looking ahead, that future Members of the Assembly would not be aware of the procedure. The Panel questioned how the knowledge would be passed on to future Members. The Legal Advisor commented that he was unsure and that he would need to discuss with the States Greffe how this information could be captured to be accessible for Members of the Assembly in the future. The Panel questioned whether the new procedure for establishing Immigration Rules would require the amendment of Standing Orders. It was explained that it would not necessarily be the case, however that would need to be discussed with the States Greffe. Regarding the Brexit provisions, the second key change, it was noted that it was covered on pages 80 and 81 of the Proposition. It was explained that the changes would give power to the Minister for Home Affairs by Order to make provision by Order on rights of EEA citizens regarding FoM. It was noted that it would be the same power as was afforded to the Home Secretary in the UK. It was agreed that it would be constitutionally appropriate for the Minister for Home Affairs to have that power in order to make provision to EEA citizens. It was noted that it would constitute a wide-ranging power. The Panel questioned how the Brexit provisions and the consolidation of Orders in Council tied together and the reason for them being brought to the States Assembly jointly in one Proposition. It was explained that work regarding the consolidation of Orders in Council had already commenced some time back and a lot of work had already been undertaken on that piece of work. Therefore, with the momentum of Brexit, it had made sense to bring both pieces of work together. However, it was noted that the two components were not necessarily reliant on one another. |
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The Panel noted that bringing both within one Proposition could be seen as suspicious by Members of the States Assembly and a Comments Paper may be required to address that aspect. The Panel questioned why Subordinate Legislative Law could not be used instead of the new devised procedure to establish Immigration Rules. It was explained that it could not be used as it would risk the entirety of the Immigration legislation being annulled in the States Assembly if a single part was voted against. Therefore, the new proposed procedure explained above would be used for concerns to be raised by Members of the States Assembly and addressed by the Minister for Home Affairs. The Panel questioned the timescale involved in bringing the Proposition to the States Assembly for debate. It was explained that it would be debated on the 3rd November. Considering current workloads, both Panels raised concern that the proposed timescale would not be manageable. Members of the Brexit Review Panel noted it had only recently heard of the Proposition and questioned who determined the timeline for it. It was explained that the Proposition was sent to the Brexit timeline and as the consolidation of Orders in Council was completed it was included. It was explained that the reason for the timeline was due to the Brexit aspect being time sensitive. It was the consensus of both Panels that the time sensitive Brexit component of the Proposition should be separated out and be brought to the States Assembly separately. It was explained that the approach would be discussed with the Minister for Home Affairs for consideration. It was noted that the Brexit elements could not be delayed as it was due to go to Privy Council in the UK on the 11th November. The Panel raised concern that if the Proposition was brought to the Assembly for debate on the 3rd November it would be rushed through with little consideration. The Panel thanked the Officers for the briefing, and they withdrew from the meeting. |
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Present | Deputy Robert Ward , Chair Deputy Trevor Pointon Deputy Mike Higgins |
Apologies | Deputy Louise Doublet , Vice-Chair |
Absent |
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In attendance | Mark Cockerham, Head of Service, Customs and Immigration [Item 2 only] Luke Goddard, Acting Director, Customs and Immigration [Item 2 only] Andy Harris , Principal Committee and Panel Officer [Item 1 only] Monique Magalhaes, Research and Project Officer |
Agenda matter | Action |
1. Change to deployment of Taser by the States of Jersey Police Force The Panel noted and discussed a draft report arising from the Review. It was agreed that further consideration would be given to the contents of the report by 12:00pm on Monday 19th October, after which it would be sent for factual accuracy checking. The Panel discussed an amendment to P.97/2020 Deployment and Use of Energy Conductive Devices (Tasers') by the States of Jersey Police. It was agreed that the Panel would proceed with an amendment which would time limit the changes proposed in P.97/2020 to a year in order that specific data could be collected in respect of the impact of the changes. The Officer advised that a draft report to accompany the amendment would be circulated shortly for Panel approval. It was noted that the deadline for the amendment was Tuesday 20th October and, therefore, the final report and wording of the amendment would need to be approved by the Panel by 9:00am on Monday 19th October. | AH |
2. Briefing – Future Border and Immigration System The Panel received Mark Cockerham, Head of Service, Customs and Immigration, Luke Goddard, Acting Director, Customs and Immigration for a briefing in relation to the Future Border and Immigration System for Jersey post-Brexit. The record of this meeting was classified as exempt in accordance with the Freedom of Information (Jersey) Law 2011 (as amended) under Qualified Exemption Article 36. |
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Present | Deputy Robert Ward , Chair Deputy Trevor Pointon Deputy Mike Higgins |
Apologies | Deputy Louise Doublet , Vice-Chair |
Absent |
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In attendance | Andy Harris , Principal Committee and Panel Officer Monique Magalhaes, Research and Project Officer |
Agenda matter | Action |
1. Records of Meetings The Panel noted and approved the records of meetings held on 12th, 13th, 14th and 16th October 2020. |
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2. Change to deployment of Taser by the States of Jersey Police Force The Panel noted that a number of comments had been received from stakeholders in relation to the factual accuracy of the report and had been incorporated accordingly. The Panel reviewed and agreed the changes. The Panel discussed its findings and recommendations arising from the review and agreed to proceed with the report as drafted. The Officer advised that an executive summary and conclusion would be drafted, after which a final version would be circulated for Panel approval. It was anticipated that the report would be sent out under embargo on Wednesday 28th October for formal presentation on Thursday 29th October. The Panel noted that its amendment to P.97/2020 Deployment and Use of Energy Conductive Devices (Tasers) by the States of Jersey Police' had been lodged on Tuesday 20th October. Further to the discussion in relation to the findings and recommendations of the review, the Panel agreed that it would bring a further amendment to the proposition in order to make it explicit that body worn cameras must be activated by all Police Officers attending an incident where a Taser was used. The Officers advised that the Greffier would be consulted on the proposed wording and a draft report would be circulated in due course for Panel approval. It was noted that the proposed amendment would be an amendment to the main proposition and not to the Panel's amendment. It would therefore be necessary for the Panel to request the States Assembly to agree to reduce the lodging period for the amendment to be debated on 3rd November 2020. | AH/MM AH/MM |
3. Police Complaints Legislation |
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The Panel noted that there were no further updates in respect of the proposed Police Complaints legislation at this time. The Officer advised that further updates would be circulated to the Panel as and when received. |
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4. Government Plan Review The Panel noted a draft question plan for the public hearing with the Minister for Children and Housing on Friday 30th October at 10:00am. The Panel discussed and agreed additional questions and requested that the Officer amend the plan accordingly. The Panel also noted a draft question plan for the public hearing with the Minister for Home Affairs which was also due to take place on Friday 30th October at 2:30pm. The Panel discussed and agreed additional questions. The Officer advised that a final version would be circulated alongside the question plan for the hearing with the Minister for Children and Housing. The Officer advised that the question plan for the public hearing with the Minister for Education, due to take place on Monday 9th November, would be circulated in due course. The Panel noted that the deadline for submissions from targeted stakeholders was Wednesday 28th October. The Officer advised that submissions would be circulated once received for Panel consideration. | AH AH AH AH |
5. Future Meetings The Panel noted that its next scheduled meeting was due to take place at 9:30am on Monday 9th November 2020 via Microsoft Teams. It was agreed that the Panel would consider a proposed meeting schedule for 2021 at its next scheduled meeting. | AH |
Present | Deputy Robert Ward , Chair Deputy Louise Doublet , Vice-Chair Deputy Trevor Pointon Deputy Mike Higgins |
Apologies |
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Absent |
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In attendance | Andy Harris , Principal Committee and Panel Officer Monique Magalhaes, Research and Project Officer |
Agenda matter | Action |
1. Change to deployment of Taser by the States of Jersey Police Force The Panel approved the publication of its report S.R.6/2020 Changes to the Deployment of Taser by the States of Jersey Police. The Officer advised that the report and accompanying press release would be circulated under embargo to States Members and the media before formal presentation on Thursday 29th October 2020. | AH |
Present | Deputy Robert Ward , Chair Deputy Trevor Pointon Deputy Mike Higgins |
Apologies | Deputy Louise Doublet , Vice-Chair |
Absent |
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In attendance | Item 1 only: Senator Sam Mézec , Minister for Children and Housing Mark Rogers, Director General, Children, Young People, Education and Skills Mark Owers, Director of Safeguarding and Care Susan Devlin, Group Director, Children, Young People, Education and Skills Anna Stamper, Finance Business Partner Item 2 only: Connétable Len Norman, Minister for Home Affairs Deputy Gregory Guida, Assistant Minister for Home Affairs Julian Blazeby, Director General, Justice and Home Affairs Robin Smith, Chief Officer, States of Jersey Police Force Andy Harris , Principal Committee and Panel Officer Monique Magalhaes, Research and Project Officer [Item 1 only] |
Agenda matter | Action |
1. Public Hearing with the Minister for Children and Housing – Government Plan Review 2021 The Panel received Senator Sam Mézec , Minister for Children and Housing, Mark Rogers, Director General, Children, Young People, Education and Skills, Mark Owers, Director of Safeguarding and Care, Susan Devlin, Group Director, Children, Young People, Education and Skills and Anna Stamper, Finance Business Partner for a public hearing in respect of the Panel's review of projects, actions and efficiencies within the Government Plan 2021. The proceedings were webcast live via video conference and a recording was made so that a transcript could be produced. |
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2. Public Hearing with the Minister for Home Affairs – Government Plan Review 2021 The Panel received Connétable Len Norman, Minister for Home Affairs, Deputy Gregory Guida, Assistant Minister for Home Affairs, Julian Blazeby, Director General, Justice and Home Affairs and Robin Smith, Chief Officer, States of Jersey Police Force for a public hearing in respect of the Panel's review of projects, actions and efficiencies within the Government Plan 2021. The proceedings were webcast live |
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via video conference and a recording was made so that a transcript could be produced. |
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Date: 9th November 2020
Present | Deputy Robert Ward , Chair Deputy Louise Doublet , Vice-Chair Deputy Trevor Pointon |
Apologies | Deputy Mike Higgins |
Absent |
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In attendance | Item 2 only: Senator Tracey Vallois, Minister for Education Deputy Jeremy Maçon, Assistant Minister for Education Mark Rogers, Director General, Children, Young People, Education and Skills Seán O'Regan, Group Director, Education Saboohi Famili, Group Director, Skills Keith Posner, Head of Office, CYPES Andy Harris , Principal Committee and Panel Officer Monique Magalhaes, Research and Project Officer |
Agenda matter | Action |
1. Records of Meetings The Panel noted and approved the records of the meetings held on 26th, 28th and 30th October 2020. |
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2. Public Hearing with the Minister for Education – Government Plan Review 2021 The Panel received Senator Tracey Vallois, Minister for Education, Deputy Jeremy Maçon, Assistant Minister for Education, Mark Rogers, Director General, Children, Young People, Education and Skills, Seán O'Regan, Group Director, Education, Saboohi Famili, Group Director, Skills and Keith Posner, Head of Office, CYPES for a public hearing in respect of the Panel's review of projects, actions and efficiencies within the Government Plan 2021. The proceedings were webcast live via video conference and a recording was made so that a transcript could be produced. |
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3. Change to the Deployment of Taser by the States of Jersey Police Force The Panel noted that its report had been presented on Thursday 29th October and that the Ministerial Response was due on Thursday 10th December 2020. It was noted that the Minister had accepted the Panel's first amendment to the proposition and that this had been adopted by the States Assembly during the debate on 3rd November 2020. The Panel also recalled that it's second amendment in respect of body worn cameras being activated by all Officers at an incident had been successfully amended by the Minister and adopted by the States Assembly. |
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Deputy Louise Doublet congratulated the Chair for the review and noted that it was a good example of scrutiny working collaboratively with Ministers to reach a constructive outcome. |
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4. Government Plan Review The Panel noted that it had held public hearings with all Ministers under its remit. It also noted that a number of responses to written questions were expected by Friday 13th November. The Officer advised that the report would be drafted over the coming weeks for discussion at the Panel meeting on Monday 23rd November with a view to finalising the report and any associated amendments by Friday 27th November. | AH |
5. Police Complaints Law The Panel noted that there were currently no further updates in respect of the legislation. The Officer advised that any further updates would be communicated as soon as they were received. | AH |
6. Future Meetings The Panel noted that its next scheduled meeting was due to take place at 10:30am on Monday 16th November via Microsoft Teams. A draft meeting schedule for 2021 was circulated to the Panel for discussion. Noting the States Assembly's decision to move to a three week meeting cycle in 2021, the Officer advised that the Panel could have two different types of meetings, namely, full agenda meetings (once every three weeks) and catch up meetings either side of the States weeks. A standing agenda would be created for the catch-up meetings and any briefings or hearings would be arranged, where possible, during those times. The Panel agreed the schedule and requested that the Officer circulate the necessary meeting requests. | AH |
Date: 16th November 2020
Present | Deputy Robert Ward , Chair Deputy Louise Doublet , Vice-Chair Deputy Trevor Pointon |
Apologies | Deputy Mike Higgins |
Absent |
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In attendance | Andy Harris , Principal Committee and Panel Officer Monique Magalhaes, Research and Project Officer |
Agenda matter | Action |
1. Government Plan Review The Committee and Panel Officer updated the Panel on the progress made drafting the report on the projects being examined by the Panel in its review of the Government Plan 2021-24. It was explained that a first draft was due to be circulated towards the end of the week for the Panel to consider ahead of its next meeting on Monday 23rd November. The Panel discussed potential amendments to the Government Plan in respect of its review to date. It was agreed that the Panel would focus on three amendments, specifically:
The Officer advised that a draft report for the three amendments would be drafted for consideration at the Panel meeting on Monday 23rd November, noting that the deadline for amendments to be submitted for lodging was currently Friday 27th November. | AH AH |
Date: 23rd November 2020
Present | Deputy Robert Ward , Chair Deputy Louise Doublet , Vice-Chair Deputy Trevor Pointon Deputy Mike Higgins |
Apologies |
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Absent |
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In attendance | Andy Harris , Principal Committee and Panel Officer Monique Magalhaes, Research and Project Officer |
Agenda matter | Action |
1. Records of Meetings The Panel noted and approved the records of the meetings held on 9th and 16th November 2020. |
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2. Government Plan Review The Panel noted and discussed the draft report for the review. It was agreed that the main body of the report could be sent for factual accuracy checking ahead of the Panel meeting on Thursday 26th November where findings and recommendations would be discussed in detail. The Panel recalled its previous discussion in respect of potential amendments to the Government Plan arising from the review. It was agreed that the Panel would proceed with three amendments, specifically:
The Officer advised the wording and draft reports for the three amendments would be circulated in due course for Panel approval, noting that the deadline for amendments was Friday 27th November. | AH AH |
3. Police Complaints Law The Panel noted that there was no update in respect of the draft Law. The Officer advised that further updates would be passed to the Panel as soon as they were received. | AH |
4. Work Programme The Pane noted and discussed its work programme for once it had completed its review of the Government Plan. It was agreed that the Panel would scope a review |
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into the impact of the Covid-19 pandemic on children and young people. The Officer advised that this would be scoped for discussion prior to Christmas, with a view to launching the work in January. The Panel noted a number of upcoming pieces of legislation within its remit and agreed to monitor the work programme accordingly. | AH AH |
5. Quarterly Hearing dates 2021 The Panel noted and approved the dates for Quarterly Public Hearings with the Ministers within its remit in 2021. The Officer advised that meeting requests would be circulated in due course. The Panel noted that Deputy Jeremy Maçon had been appointed as Minister for Children and Housing at the States sitting on Tuesday 17th November. It was also noted that the Panel had intended to hold a public hearing with his predecessor on Friday 11th December at 10:00am. The Officer advised that the Minister had requested to move the hearing due to a clash of appointments, however, the Panel agreed that it would maintain the proposed time in light of limited opportunities to rearrange prior to Christmas. The Officer advised that this would be communicated to the Minister's Private Secretary and a question plan would be circulated in due course. | AH AH |
6. Future Meetings The Panel noted that its next scheduled meeting was due to take place at 10:15am on Monday 7th December 2020 via video conference. |
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Meeting held by video conference
Date: 26th November 2020
Present | Deputy Robert Ward , Chair Deputy Louise Doublet , Vice-Chair Deputy Trevor Pointon Deputy Mike Higgins |
Apologies |
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Absent |
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In attendance | Sara Garwood, Senior Policy Officer, Strategic Policy, Planning and Performance Nathan Fox, Head of Policy, Criminal Justice Andy Harris , Principal Committee and Panel Officer Monique Magalhaes, Research and Project Officer |
Agenda matter | Action |
1. Briefing: Domestic Abuse Legislation The Panel received Nathan Fox, Head of Policy for Criminal Justice, and Sara Garwood, Senior Policy Officer, Strategic Policy, Planning and Performance, for a briefing on the proposed Domestic Abuse Legislation. The record of this meeting was classified as exempt in accordance with the Freedom of Information (Jersey) Law 2011 (as amended) under Qualified Exemption Article 35. |
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2. Government Plan Review The Panel noted that only minor comments had been made on the report as a result of the factual accuracy checking process. The Panel discussed and agreed to the changes that had been suggested. The Panel discussed the final draft report and agreed its findings and recommendations. The Officer advised that the report would be updated and shared with the Panel for final approval, with a view to presenting it on Monday 30th November 2020. | AH |
Meeting held by electronic mail
Date: 1st December 2020
Present | Deputy Robert Ward , Chair Deputy Louise Doublet , Vice-Chair Deputy Mike Higgins |
Apologies |
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Absent |
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In attendance | Andy Harris , Principal Committee and Panel Officer Monique Magalhaes, Research and Project Officer |
Agenda matter | Action |
1. Government Plan Review The Panel approved publication of its report S.R.11/2020 Scrutiny Review of the Government Plan 2021-2024 and accompanying news release. The Officer advised that this would be circulated to States Members and the media for immediate presentation. | AH |
Meeting held by video conference
Date: 9th December 2020
Present | Deputy Robert Ward , Chair Deputy Louise Doublet , Vice-Chair Deputy Mike Higgins |
Apologies |
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Absent |
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In attendance | Lisa Perkins, Children's Commissioning and Redesign Manager, Health and Social Services Susan Devlin, Group Director Children Services, Health and Social Services Maxine Dottore, Senior HR Business Partner, Human Resources Monique Magalhaes, Research and Project Officer |
Agenda matter | Action |
QE Article 35 1. Briefing: Family and Community Support Service Review The Panel received Lisa Perkins, Children's Commissioning and Redesign Manager, Health and Social Services, Susan Devlin, Group Director Children Services, Health and Social Services and Maxine Dottore, Senior HR Business Partner, Human Resources, for a briefing on the Family and Community Support Service Review. The record of this meeting was classified as exempt in accordance with the Freedom of Information (Jersey) Law 2011 (as amended) under Qualified Exemption Article 35. |
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