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Approved Panel Minutes - Children, Education and Home Affairs - 2021

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Children, Education and Home Affairs Scrutiny Panel

Records of Meetings

Year: 2021

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

Chair

Deputy Rob Ward

Children, Education and Home Affairs Scrutiny Panel

Record of Meeting

Meeting held by video conference

Date:  4th January 2021

 

Present

Deputy Robert Ward , Chair Deputy Louise Doublet , Vice-Chair

Apologies

Deputy Mike Higgins

Absent

 

In attendance

Senator Tracey Vallois, Minister for Education

Deputy Jeremy Maçon, Assistant Minister for Education Sean O'Regan, Group Director, Education

Saboohi Famili, Group Director, Skills

Monique Magalhaes, Research and Project Officer

 

Agenda matter

Action

1.  Meeting with the Minister for Education – Covid-19 Position

The Panel met with the Minister for Education, the Assistant Minister for Education and Officers for an update regarding the Covid – 19 position in relation to schools.

The Minister for Education confirmed that as a result of the Scientific and Technical Advisory Cell (STAC) advice, schools would remain closed until the 11th January 2021. She explained that the decision to keep schools closed for an additional week was to offer Covid-19 testing to staff and students in years 11,12 and 13, prior to the start of term on the 11th January and to provide time for planning and preparation within schools before students returned.

The Panel asked whether Jersey was following the same vaccination regime as the National Heath Service (NHS). The Minister for Education explained that Jersey was focussing on vaccinating the most vulnerable individuals first and not focussing vaccinations on work force criteria.

Regarding vaccinations, the Group Director for Education explained that Jersey's vaccination programme was based on the Minister for Health and Social Service's response and that Children, Young People, Education and Skills (CYPES) had not decided on how the vaccination regime would be undertaken.

Regarding keeping schools closed until the 11th January, the Group Director for Education noted that he had met with STAC on the 29th December 2020 and that it was their initial view for schools to open as normal on the 4th January 2021. He explained that it was STACs view that schools were safe places for children and STAC had not been content to have schools closed for even the first two days of term, as was initially planned. However, due to the new variant of Covid-19 and the assumption that it may be in the Island, STAC had agreed it would be necessary to ensure schools were as safe as possible prior to children returning. Therefore, it was

 

 

agreed that the extra time was necessary, until the 11th January, for safety planning and preparation within schools before students returned.

It was explained that the testing regime for staff and students in years 11,12, and 13 was necessary and that to date 5000 people (students and staff) had been tested. It was noted that it was optional.

Regarding testing, the Group Director for Education informed the Panel that Lateral Flow testing was being considered to improve the frequency of testing within schools. It was explained that the evidence gathered from the testing of students in years 11,12 and 13 would be gauged and that testing may be extended to years 7 to 10.

The Panel questioned whether the school closures was founded on a decision made by the Minster for Health and Social Services and whether the Minister for Education had any input in the decision-making process. It was explained that the Minister for Education  had  input  in  the  process,  however,  that  the  Covid-19  Emergency Regulations stated that the Minister for Education required agreement from the Minister for Health and Social Services in order to close schools. It was noted that the Minister for Education had held a meeting with the Minister for Health and Social Services on New Year's Eve regarding keeping schools closed.

The Panel asked whether the mechanism to keep the schools closed was the Covid- 19  Emergency  Regulations.  Regarding  the  process,  the Minister  for  Education informed the Panel that she had received STAC advice. Additionally, consultation with Dr Armstrong, Medical Director, and Dr Muscat, Medical Officer of Health as well as a meeting with the Minister for Health and Social Services. It was explained that all the advice was considered and subsequently a decision was taken for schools to remain closed. It was noted that consent was received from Dr Muscat and the Minister for Health and Social Services to keep the schools closed.

The Panel asked what the Minster for Health and Social Services reasons were for consenting to keep schools closed. It was explained that, in the main, his reasons were based on the STAC advice in relation to the new variant of the virus and the uncertainty regarding it.

The Panel raised concern regarding how the decision was made as all children within schools were not being tested, moreover, how safety was being measured within schools.

The Panel noted that if the new variant of the virus did enter the schools it may have significant impact. The Panel asked if there was concern of the new variant spreading within schools. It was explained that research regarding the transmissibility of the virus in children was not clear. Moreover, as a result of the new variant of the virus it was important that testing was established within schools to manage the potential risk.

The Panel asked what the response would be if the virus began to spread within schools. The Minister for Education explained that over the last 10 months the department had been improving the quality of data gathering and she had requested her Officers to compile a document demonstrating numerous scenarios so that a proactive rather than reactive approach could be taken going forward.

The Panel asked what was meant by reviewing health and safety within schools. It was explained that it encompassed considering and sharing mitigation practices as well as the safety of the physical setting. It was noted that the department was considering  what  each  school  was  doing  with  the  aim  to  improve  mitigation

 

 

measures. Particularly, since conditions were now different from those in the summer months. It was explained that it was colder and that keeping windows open within school settings would be more difficult at this time of the year. It was explained that the department was reviewing and checking whether schools required any further resources such as protective equipment. Moreover, consideration was being made on how to prioritise children who would be sitting exams.

The Panel asked whether vulnerable children and children with special needs had been considered. It was explained that the priority for the department for the week of school closure was to ensure the schools were safe and that the testing and screening regime for staff and students was set up. However, it was explained that every school, at the end of term, had shared information in relation to the vulnerable children within their schools and each child had been provided a support plan. It was noted 300 children had been categorised in that group to date. It was emphasised, however,  that  there  was  some  concern  for  those  children  who  may  become vulnerable during the week of closure which would be children who had not been previously highlighted as being vulnerable. It was noted that support offered by the Children and Families Hub would assist in that regard. The Vice-Chair raised concern regarding the lack of provision for vulnerable children during the week of school closures. It was explained that there had been insufficient staffing resources to administer the provision for vulnerable children via the Hub as staff who had done so previously had been redeployed. Moreover, considering the personnel were not available and that the intention was to keep schools closed for only three days it would not have been feasible to set up the Hub at that time.

The Panel asked whether work was being undertaken to accommodate vulnerable children going forward, considering the three-day closure had been extended to five days. Particularly, if there was potential for the closure to be extended further. It was explained that the department had the situation under review.

The Panel asked whether including staff as priority in the vaccination programme was an option and if it had been considered. Noting that, at least, staff could be in schools  for  vulnerable  children  if  that  were  the  case.  It  was  explained  that representation to prioritise vaccinations for teachers and support staff had been made, along with other groups. However, that it would need to be decided by the Minister for Health and Social Services. It was noted that if teaching staff moved up the list regarding prioritisation for vaccinations, it would mean that another group would need to move down the list.

The Panel raised concern that the current situation would result in long-term impact on schools and on staff as well as on their morale and it would be significant and long-lasting. The Panel noted that staff wanted to teach but wanted to be safe while doing so.

The Panel questioned whether staff working with vulnerable (medical and social aspects) children could be prioritised for vaccinations. It was explained that this would be something that could be proposed as it would be similar to social workers working with individuals with special needs. Regarding vaccinations, the Assistant Minister for Education explained that he was of the same opinion to prioritise vaccinations for teachers, however, ultimately, that decision would need to be made by the Minister for Health and Social Services.

The  Panel  asked  whether  Jersey's  vaccination  supply  depended  upon  Jersey following the NHS's priorities regarding the groups and order in which groups would

 

 

be vaccinated. It was explained that it was the policy of the Minister for Health and Social Services to follow the UK's triage system.

Regarding when schools would open to students on the 11th January, the Panel asked what plan was in place in relation to dealing with direct and indirect contacts and the isolation scenario if a student tested positive for the virus. It was explained that discussions were ongoing to find a means to improve the system used to identify direct and indirect contacts as a result of a positive case in a school. It was noted that sending entire year groups to isolate may not be necessary. It was explained that meetings were due to take place the following day and once a plan had been finalised it could be shared with the Panel.

Regarding the Lateral Flow testing, the Panel asked whether testing would take place within schools. It was explained that the Lateral Flow testing could be undertaken within homes, however, it was noted that all Lateral Flow tests would be followed up with a PCR test as there was concern regarding the reliability of the tests. It was explained, although the Lateral Flow test was less reliable than the PCR test, a positive case could be discovered more quickly with the Lateral Flow testing so, the spread of the virus could be stopped sooner.

The Panel noted that the STAC advice was that primary school settings should be treated differently due to the reduced risk that they posed. The Panel raised concern as to why Government nursery settings were closed and privately run nurseries had remained open. The Group Director for Education explained that all Government run settings were under the remit of the Minister for Education. However, although, the Minister  regulated  all  early  year  settings,  the  Covid-19  Regulations  expressly considered schools. It was explained that the private settings had autonomy to decide whether to close or to remain open. The Panel asked why private nurseries had closed in the spring along with the Government ones. It was noted that in the spring Jersey had been in full lockdown. The Minister for Education highlighted that the Covid Regulations were different now compared to the Regulations in the spring.

The Panel raised concern for the reasoning regarding keeping primary schools closed as it was unclear. The Group Director for Education explained that staff had been treated the same across all year groups within schools as staff would have equal concerns in both primary and secondary schools. Therefore, both primary and secondary schools had remained closed so that new mitigation measures could be put in place as well as the testing and tracing regime.

The Panel asked, in that case, whether closures were driven by staff concerns. It was noted that concerns were across the board, from staff, children and parents and the week was needed to plan and prepare for the return of students and to reassure everyone that schools were a safe place.

The Panel asked whether there was any concern for another lockdown in Jersey and, if so, was it envisaged that children would be kept at home. The Minister for Education explained that, for the most part, anxiety in Jersey had been resultant of what was happening in the UK currently. She explained that she could not know for certain what would unveil, and that close consideration was being given to the new variant of the virus.

The Panel asked if school closures did occur again would a blanket approach be applied across all schools and year groups. The Minister for Education explained that she would hope that a blanket approach would not be the only option, however, ultimately the health advice would need to be followed. She explained that the

 

 

department would be considering various scenarios in order to be more proactive going forward.

The Panel asked whether any work was being undertaken in case Jersey were to experience another lockdown. It was explained that the department had been in discussions with telecommunications companies (Telco's) regarding accessibility of internet services and devices and that the online learning offering was being updated. The Vice-Chair of the Panel raised concern regarding the perception that parents believed that school was not a safe place as she did not share that view. Moreover, she had not been aware of any data which demonstrated that. She highlighted, that although more secondary school children stayed at home during the last week of term, that, mostly, primary school children had remained in school. The Group Director for Education emphasised that it was not his view that schools were unsafe. However, that he was unsure as to the reasons why parents had decided to keep their children at home during the last week of term. He emphasised that it could have been  for  multiple  reasons.  He  Highlighted  that  he  would  be  meeting  with  the Children's Commissioner for Jersey to discuss a piece of work to demonstrate to parents and students that schools were safe environments.

The Chair of the Panel highlighted that varied views were apparent regarding the safety of school environments currently, and that it was his view that secondary schools were not safe for staff and children under the current circumstances.

The Panel thanked the Minister and Assistant Minister and their officers, and they left the meeting.

 

Meeting held by video conference

Date:  11th January 2021

 

Present

Deputy Robert Ward , Chair Deputy Mike Higgins

Apologies

Deputy Louise Doublet , Vice-Chair

Absent

 

In attendance

Andy Harris , Principal Committee and Panel Officer Monique Magalhaes, Research and Project Officer

 

Agenda matter

Action

1. Change in the use of Taser by the States of Jersey Police Force

The Panel noted that the Ministerial Response to its report S.R.6/2020 Change in the use of Taser by the States of Jersey Police Force had been received on Thursday 10th  December  2020.  The  Panel  discussed  the  response  and  noted  that  two recommendations had been rejected by the Minister for Home Affairs, specifically in relation to the use of body worn cameras during instances where Taser was deployed by a Police Officer and identifying a policy for the deployment of Taser on children and young people under the age of 18. The Panel agreed that it would question the Minister further on the reasons for the rejection of the recommendations at its upcoming quarterly hearing on Monday 25th January 2021.

AH

2. Government Plan Review 2021 – 24

The Panel noted that the Ministerial Responses to its review of the Government Plan 2021 – 24 was due to be received on Friday 15th January. It was agreed that the Panel would review the responses once received and agree any further areas to follow up as a result.

 

3. Covid – 19: Impact on Children and Young People

The Panel noted that the proposed review into the impact of the Covid-19 decision making process on children and young people was due to be scoped and circulated for discussion in the coming week. The Panel agreed that it would be beneficial to utilise focus groups with parents and children in order to gather evidence for the review.

AH

4. Police Complaints Law

The Panel received an update on the progress of the review. It was noted that there were currently no further updates at present, however, the Officer would liaise with the Department for Strategic Policy, Planning and Performance in order to identify the status of the legislation.

AH

5. Quarterly Public Hearing with the Minister for Children and Housing

The Panel noted that its scheduled hearing with the Minister on Friday 11th December 2020 had been postponed and that a new date was due to be arranged in due course. The Officer advised that alternative dates would be provided as soon as possible and

 

 

a meeting request circulated accordingly. The Panel discussed and agreed the question plan for the hearing, however, agreed to maintain a watching brief on any developments so that any relevant updates could be included once a new date had been agreed.

AH

6. Quarterly Public Hearing with the Minister for Home Affairs

The Panel noted that it was due to hold a quarterly public hearing with the Minister on Monday 25th January 2021 at 10:30am. The Panel discussed and agreed potential question areas and the Officer advised that a question plan would be circulated for discussion in due course.

AH

7. Quarterly Public 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 29th January 2021 at 10:00am. The Panel discussed and agreed potential questions areas and the Officer advised that a question plan would be circulated for discussion in due course.

It was noted that the Minister for Education, Senator Tracey Vallois, had submitted her resignation on Sunday 10th January 2021 and it was expected that the Chief Minister would propose her replacement at the next States sitting on Tuesday 19th January. Noting the proximity of the new appointment to the proposed hearing date, the Panel agreed that it would liaise with the new Minister upon appointment in order to establish whether the proposed date would need to be rearranged.

MM

AH

8. Work Programme 2021

The Panel requested that an updated work programme for 2021 be shared with it on Microsoft Teams. The Officer advised that the work programme would be updated and shared accordingly.

AH

9. Future Meetings

The Panel noted that its next scheduled meeting was due to take place at 10:00am on Monday 25th January 2021 via Microsoft Teams.

 

Meeting held by video conference

Date:  25th January 2021

 

Present

Deputy Robert Ward , Chair Deputy Louise Doublet , Vice-Chair Senator Tracey Vallois

Deputy Mike Higgins

Apologies

 

Absent

 

In attendance

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] Nathan Fox, Director, Criminal Justice [item 2 only]

Andy Harris , Principal Committee and Panel Officer Anna Thorne , Committee and Panel Officer Monique Magalhaes, Research and Project Officer

 

Agenda matter

Action

1. Record of meetings

The Panel noted and approved the records of its meetings held on 9th December 2020 and 4th and 11th January 2021.

 

2. Quarterly Hearing with the Minister for Home Affairs

The Panel received the Minister for Home Affairs, Connétable Len Norman, Assistant Minister for Home Affairs, Deputy Gregory Guida, Director General, Justice and Home Affairs, Julian Blazeby, Chief Officer, States of Jersey Police, Robin Smith and Nathan Fox, Director Criminal Justice for a quarterly public hearing. A recording was made so that a transcript could be produced, and the meeting was broadcast live via webcast.

 

3. Government Plan Review

The Panel agreed to discuss the Ministerial Responses received at its next scheduled meeting.

AH

4. Covid – 19: Impact on Children and Young People

The Panel noted a draft Scoping Document and Terms of Reference (ToR) for the review and agreed that it would arrange an additional meeting in order to discuss the documents further. The Officer advised that a meeting request would be circulated for 10:00am on Wednesday 27th January.

AH

5. Police Complaints Law

The Panel received an update on the proposed Police Complaints Law which was due to be lodged by the Minister for Home Affairs. It was noted that there was

 

 

currently no further update on the status of the legislation and that it was not expected for it to be lodged imminently. The Officer advised that further updates would be provided once more information was available.

 

6. Quarterly Public Hearing with the Minister for Children and Housing

The Panel noted that it was due to arrange a new date for the quarterly public hearing with the Minister originally due to take place on Friday 11th December 2020. The Officer advised that dates would be circulated accordingly for Panel approval.

AH

7. Quarterly Public 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  29th  January.  Noting  that   Deputy  Jeremy  Maçon  was currently serving as acting Minister due to the recent resignation of Senator Tracey Vallois, the Panel discussed whether to proceed with the hearing. It was agreed that a number of areas required discussion and that the hearing should proceed as planned.

The Officer advised that details of the hearing would be circulated in due course.

Senator Tracey Vallois informed the Panel that she would recuse herself from the hearing due to the perceived conflict arising from her previous role as Minister for Education.

AH

8. Work Programme 2021

The Panel received a work programme which detailed a schedule of work during 2021. The Panel expressed concern about the conclusion of the Building a Safer Society (BaSS) Strategy and what strategy, if any, would be replacing it. Concern was also raised over whether any organisations would lose funding as a result of the BaSS Strategy concluding. The Panel agreed that it would bring forward its review into the substance misuse strategy and focus on the conclusion of the BaSS Strategy as the first phase of the review. The Officer advised that a Scoping Document and Terms of Reference would be drafted for discussion by the Panel.

The Panel agreed to request information about the current occupancy at Greenfields and any plans for its future use together with more detailed information about the operation of Children Adolescent Mental Health Service (CAMHS) and how the services were working together.

 

9. Future Meetings

The Panel noted that its next scheduled meeting was due to take place at 10:00am on Monday 1st February 2021, via Microsoft Teams.

 

Meeting held by video conference

Date:  4th February 2021

 

Present

Deputy Robert Ward , Chair Deputy Louise Doublet , Vice-Chair Senator Tracey Vallois

Deputy Mike Higgins

Apologies

 

Absent

 

In attendance

Andy Harris , Principal Committee and Panel Officer Monique Magalhaes, Research and Project Officer

 

Agenda matter

Action

1. Record of meetings

The Panel noted and approved the record of its meetings held on 25th January 2021.

 

2. Government Plan Review

The Panel noted that it had received the Ministerial Response from the Minister for Home Affairs, however, the responses of the Minister for Education and Minister for Children and Housing were still outstanding. The Officer advised that these would be followed up as a matter of priority. The Panel subsequently agreed that it would consider all of the responses once they had been received.

AH

3. Covid – 19: Impact on Children and Young People

The Panel noted that the Scoping Document and Terms of Reference for the review had been circulated to the Scrutiny Liaison Committee and subsequently approved.

The Panel received a draft timeline for the review and a draft communications plan for the various stages of the review. The Panel discussed the communications plan and agreed that it would explore additional mediums through which to publicise the review in order to target children and young people, including;

  • Talking Heads' videos through social media of Panel Members discussing the review topic
  • Use of school councils and the Jersey Youth Parliament
  • The Jersey Youth Service
  • Children's Commissioner

It was agreed that the Officer would liaise with the Digital and Public Engagement Team within the States Greffe in order to progress the plans accordingly.

The Panel also noted two draft engagement briefs to be utilised when searching for and appointing advisers to assist with the review. The Panel agreed that it would seek to undertake focus groups in order to gather evidence during the review and subsequently approved the relevant engagement brief. The Officer advised that

AH

AH

 

companies able to facilitate focus groups would be approached to submit proposals for the projects. The Panel also discussed an engagement brief in relation to appointing an adviser with a background in childhood development to assist in understanding the impact of the Government's response in respect of children and young people's development. It was agreed that the nature of the review required an adviser with an understanding of how to capture the voice of the child. It was agreed that the Panel would contact the Children's Commissioner and Dr. Cathy Hamer of the Best Start Partnership in order to identify whether an additional adviser would be required to meet that skill set.

The Officer advised that shortlist of potential advisers would be drawn up and circulated to the Panel, after which the engagement brief would be shared in order for proposals to be submitted.

AH

AH

4. Police Governance Law

The Panel noted that it had been offered a briefing on the Draft States of Jersey Police Force (Amendment No.3) Law 202-, which was due to be lodged by the Minister for Home Affairs, on Friday 5th February at 11am. Noting that the draft Law was intended to give effect to the Comptroller and Auditor General's (C&AG) review on Governance within the States of Jersey Police Force, the Panel requested that the briefing contained an overview of the recommendations made by the C&AG and how these had been incorporated, or not, within the draft Law.

The Officer advised that a copy of the C&AG's report and the Executive Response would be shared with the Panel via Teams.

AH AH

5. Quarterly Public Hearing with the Minister for Children and Housing

The Panel noted that a new date of Monday 8th March had been identified for the rearranged hearing with the Minister. It was agreed that the question plan would be discussed further at the next scheduled Panel meeting.

AH

6. Appointment of the new Minister for Education

The Panel noted that it had received correspondence from the Chief Minister outlining his plans for the appointment of a new Minister for Education. It was noted that the Chair of the Panel would be informed of the arrangements by close of business on Thursday 4th February.

 

7. Ambulance Response Times Project

The Panel noted that it had been offered a briefing by the Minister for Home Affairs in relation to a project being undertaken by the Ambulance Service in respect of response times. The Panel agreed that it would proceed with arranging the briefing and requested that the Health and Social Security Panel be invited to attend as well. The Officer advised that a meeting request would be circulated in due course.

AH

8. Work Programme

The Panel noted its work programme and agreed that there were no further additions to be made at this time.

 

9. Future Meetings

The Panel noted that its next scheduled meeting was due to take place at 10:00am on Monday 1st February 2021, via Microsoft Teams.

 

Meeting held by video conference

Date:  5th February 2021

 

Present

Deputy Robert Ward , Chair Deputy Mike Higgins Senator Tracey Vallois

Apologies

Deputy Louise Doublet , Vice-Chair

Absent

 

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: Police Governance Law - Draft States of Jersey Police Force (Amendment No3) Law 202-

The Panel received Sara Garwood, Senior Policy Officer, Strategic Policy, Planning and Performance and Nathan Fox, Head of Policy, Criminal Justice, for a briefing on the Police Governance Law, Draft States of Jersey Police Force (Amendment No3) Law 202-. 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.

 

2.  Follow up Panel Meeting on the Briefing of the Police Governance Law - Draft States of Jersey Police Force (Amendment No3) Law 202-

The Panel discussed the Minister's intention to lodge the Draft States of Jersey Police Force (Amendment No3) Law 202- imminently and agreed that it would send a letter requesting the Minister to lodge the legislation for debate no sooner than the States sitting of 20th April 2021. The Panel discussed that it would require adequate time to scrutinise the legislation prior to it being debated in the States as it would need to consider the Articles as well as the Principles of the legislation.

The Panel discussed the aspects of the legislation that it would require further clarity on and agreed it would consult with the Children's Commissioner for Jersey, the Jersey Police Authority (JPA) as well as the Comptroller and Auditor General (C&AG) as part of its review process of the legislation.

The  Panel  suggested  it  should  consider  the  functioning  of  the  JPA  and  its membership  structure.  The  Officer  informed  the  Panel  that  a  briefing  paper encompassing those aspects would be compiled and shared with the Panel.

AH/MM

 

The Panel discussed the review of the legislation and suggested it would consider the following areas:

  • The relationships and impact on operational Independence, specifically:
  • The relationship between the Chief of Police and JPA
  • The relationship between the Chief of Police and the Director General of Justice and Home Affairs
  • The relationship of the Minister for Home Affairs
  • The new civil servant relationship with the Chief of Police and the State's Employment Board (SEB)
  • The C&AG recommendations that had been incorporated into the legislation and the changes that had been made outside of those recommended by the C&AG.
  • General principles of governance and accountability.
  • How the changes would impact or fit into the broader Target Operating Model (TOM) of the States of Jersey.

The Officer informed the Panel that a Scoping Document and Terms of Reference (ToR) would be compiled and shared with the Panel at its next Panel meeting on 15th February 2021.

AH/MM

AH/MM

Meeting held by video conference

Date:  15th February 2021

 

Present

Deputy Robert Ward , Chair Deputy Mike Higgins Senator Tracey Vallois

Apologies

Deputy Louise Doublet , Vice-Chair

Absent

 

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 4th and 5th February 2021.

 

2.  Government Plan Review 2021

The Panel noted the joint Ministerial Response to its review of the Government Plan 2021 – 2024. The Panel discussed the response and agreed that it was disappointed with the manner of the response in respect of a number of the recommendations. Specifically,  the  Panel  expressed  disappointment  that  no  timescales  had  been provided  for  a  response  to  some  recommendations  and  that  responsibility  for arranging the relevant briefings had been placed on the Panel rather than being offered directly by the Minister. It was agreed that the Panel would write to the respective Ministers requesting further information on these matters and to express its disappointment with the response.

The Panel noted the response to its recommendation in relation to the Early Years Policy Development Board (EYPDB) which had requested details be shared with it as soon as possible. Noting the current media coverage around the funding of nursery hours, the Panel agreed that it would write to the Minister for Children and Education requesting that the report and recommendations of the EYPDB be shared with it as a matter of priority.

AH

AH

3.  Covid-19 Response: Impact on Children and Young People

The Panel recalled that the review had launched on Thursday 11th February. Letters would shortly be sent out to key stakeholders requesting views on the key issues being examined by the review. Further communications in respect of the review would also be sent out over the coming weeks.

It was noted that companies to facilitate focus groups had been approached to submit proposals for the Panel to consider. It was expected that these would be provided by the end of the week.

AH

 

The Panel noted that a list of potential advisers with a background in childhood development had been shared with it. It was agreed that the Panel would consider the list further, after which the Officers would send out the engagement brief to tender for proposals to assist with the review.

AH

4.  Police Governance Law

The Panel noted a draft Scoping Document and Terms of Reference for its proposed review of the Draft States of Jersey Police Force (Amendment No.3) Law 202- which was due to be lodged by the Minister for Home Affairs. The Panel discussed the documents and agreed changes to the Terms of Reference and key issues within the Scoping Document. It was agreed that, subject to these changes, the documents could be circulated to the Scrutiny Liaison Committee for final approval.

AH

5.  Quarterly Hearing with the Minister for Children and Education

The Panel noted that it had arranged its quarterly hearings for 2021 in relation to the previous ministerial portfolios with the three Ministers in its remit. Noting that the remits of Children and Education were due to be combined into one Ministerial remit, the Panel discussed how it would address this going forward. It was agreed that the Panel  would  maintain  separate  meetings  with  the  Minister,  one  focussing  on education, the other focussing specifically on the children's remit. The Officer advised that this would be communicated to the Minister.

The Panel noted that it was due to hold a quarterly public hearing with the Minister on Monday 8th March at 10:00am at which it would discuss matters relating to the children's remit. The Panel discussed and agreed potential question areas and the Officer advised that a draft question plan would be formulated for discussion at the next Panel meeting on Monday 22nd February.

The Panel agreed that it would request a breakdown of the Children's Service budget for 2021 in order to assist it with developing questions for the hearing.

AH

AH

AH/MM

6.  Omnibus Amendment to the Children's Law

The Panel noted that a draft of the Omnibus Amendment to the Children's Law had been shared with it in confidence. It was agreed that the Panel would request a briefing from the Minister and Officials on Wednesday 24th February, after which it would discuss any further actions.

AH

7.  Ambulance Response Times Project Briefing

The Panel noted that it was due to receive a briefing on the project at 10:00am on Friday 19th February via Microsoft Teams.

Senator Tracey Vallois requested that it be noted that she was related to the Chief Ambulance Officer, however, it was agreed this did not constitute a direct conflict of interest.

 

8.  Future Meetings

The Panel noted that its next scheduled meeting was due to take place at 10:00am on Monday 22nd February 2021 via Microsoft Teams.

 

Meeting held by video conference

Date:  19th February 2021

 

Present

Deputy Robert Ward , Chair Deputy Louise Doublet , Vice-Chair Deputy Mike Higgins

Senator Tracey Vallois

Apologies

 

Absent

 

In attendance

Julian Blazeby, Director General, Justice and Home Affairs

Kate  Briden,  Group  Director,  Public  Protection  and  Law  Enforcement, Justice and Home Affairs

Peter Gavey, Chief Ambulance Officer, Health and Social Services

Andy Harris , Principal Committee and Panel Officer Monique Magalhaes, Research and Project Officer

 

Agenda matter

Action

1.  Briefing: Ambulance Response Time Project

The Panel received Julian Blazeby, Director General for Justice and Home Affairs, Kate Briden, Group Director for Public Protection and Law Enforcement, Justice and Home Affairs and Peter Gavey, Chief Ambulance Officer, for a briefing on the Ambulance Response Time Project. 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.

 

Meeting held by video conference

Date: 22nd February 2021

 

Present

Deputy Robert Ward , Chair Deputy Louise Doublet , Vice-Chair Senator Tracey Vallois

Apologies

Deputy Mike Higgins

Absent

 

In attendance

Andy Harris , Principal Committee and Panel Officer Monique Magalhaes, Research and Project Officer

 

Agenda matter

Action

1.  Records of Meetings

To Panel noted and approved the record of the meeting held on 15th February 2021.

 

2.  Government Plan Review

The Panel was advised that letters to the Ministers would be sent out to express the Panel's disappointment with regard to the responses it had received to its findings and recommendations. In addition, the Ministers would be informed that it was the Panel's view that any briefings should be arranged by the Government as it would be inappropriate for Government briefings to be arranged at the Panel's discretion as was reflected in the Ministerial Responses.

The Panel agreed that a letter would be sent to the Minister for Children and Education for an update regarding the work being undertaken in relation to the proposals of the Early Years Policy Development Board.

Deputy   Doublet  noted  her  previous  involvement  with  the  Early  Years  Policy Development Board and discussed how her involvement might impact upon her ability to scrutinise any policy work relating to that. The Panel was advised that her previous involvement should not demonstrate any conflict of interest, however, it would  be  important  to  clearly  manage  the  perception  of  work  that  had  been undertaken by Deputy Doublet as part of the Board. Therefore, the Panel agreed that Deputy Doublet should be transparent regarding any work that she had undertaken in her role with the Early Years Development Board if any scrutiny work developed in that area. It was Senator Vallois' view that any scrutiny work in relation the Early Years Policy Development Board should not be cause for a conflict of interest as the scrutiny work would involve scrutinising the decisions made by the Government as well as the accountability of the Government and not the work of the Early Years Policy Development Board.

The Panel discussed the work of the Early Years Policy Development Board, in particular regarding the policy work that would advance from its work.

AH AH

 

3.  Covid-19 Response – Impact on Children and Young People

The Officer updated the Panel on the progress that had been made regarding its review.

Regarding the arrangement for the focus groups, the Officer informed the Panel that 4Insight would submit a proposal to the Panel by Tuesday 23rd February and this would be shared with the Panel.

The Panel noted a list of specialist advisors that had been shared and requested the Officer to share the engagement brief for the review with the potential advisors in order for them to submit proposals for the engagement. The Panel agreed that when considering  advisory  roles  for  its  review,  it  should  consider  advisors  who  had international experience as well as national experience.

The Panel agreed that it would be accepting of collaboration between advisors should advisors wish to collaborate jointly with colleagues. The Panel requested the Officer to communicate this within the email correspondence to the advisors.

The Panel agreed that it would be receptive to any recommendations or referrals, both nationally and internationally from any of the advisors contacted who were unable to participate in the review. The Panel requested the Officer to communicate this within the email correspondence to the advisors.

The Panel agreed that the Jersey Youth Service would be contacted in order to understand how the Youth Service could assist in promoting the Panel's review.

The Panel noted that Dr. Cathy Hamer, Chair of the Best Start Partnership had been contacted in order to obtain guidance on how the Panel could gather the voice of the child during the review. The Panel also noted that Dr Hamer had shared a briefing paper on the impact of Covid-19 on babies and younger people which would be circulated to the Panel in due course.

AH

AH AH

AH

AH AH

4.  Police Governance Law

The Panel noted that the draft Law had been lodged by the Minister for Home Affairs for debate on 20th April 2021. The Panel emphasised that it was pleased that the debate would not happen sooner than the 20th April as that would allow sufficient time for it to undertake its review of the draft Law.

The Panel noted that the Scrutiny Liaison Committee had approved its Scoping Document and Terms of Reference for the review.

The Officer updated the Panel regarding the progress of the review. The Panel noted that a letter explaining the Terms of Refence for the review had been shared with the Minister for Home Affairs on 19th February. It also noted that the letters would be sent out to the targeted stakeholders later that week to request their views and that it was anticipated that responses would be received by 12th March.

The Panel agreed to hold a public review hearing with the Minister for Home Affairs and requested the Officer to schedule a hearing for the 19th March, if possible.

Deputy Doublet noted and discussed whether there would be a conflict of interest if she were to take part in the review due to her personal circumstances. The Panel

 

 

was advised that the review was related to the governance of the States of Jersey Police Force, therefore, a conflict of interest would not occur.

The  Panel  agreed  to  write  to  the  department  of  Justice  and  Home  Affairs  to understand the role of Public Protection and Law Enforcement and how the proposed governance changes might impact upon their role and their relationship with the Chief Officer of the States of Jersey Police and the Director General.

The Panel agreed that a Comments paper would be an appropriate report output as it would enable amendments to be made if required by the Panel.

AH

5.  Quarterly Hearing with the Minister for Children and Education

To Panel discussed a draft question plan for the hearing on 8th March 2021. The Panel agreed to include further questions and requested the Officer to make the necessary changes.

To Panel noted the revised timetable for Quarterly Hearings in 2021. The Panel agreed that it would maintain separate hearings for the remits of Children and Education in order to focus questioning during the hearings.

AH

6.  Omnibus Amendment to the Children's Law

The Panel noted the briefing on the Omnibus Amendment to the Children's Law that was scheduled to take place on Wednesday that week at 2:00pm.

 

7.  Ambulance Response Times Project

The Panel discussed the briefing it had received on Friday 19th February.

The Panel noted that it had requested the slide-deck as well as the consultation report  regarding  the  collaboration  work  that  had  been  undertaken  with  the Association  of  Ambulance  Chief  Executives  to  consider  the  suitability  of  the Ambulance Response Project method to Jersey during the briefing. The Panel was advised that neither had been received but this would be followed up with the Department.

AH

8.  Parental Responsibility

Deputy Doublet informed the Panel that she was due to meet with Ruth Johnson , Head of Policy, that day in relation to the legislation regarding parental responsibility. She explained that she had been pushing for advancement in that area so that same sex couples could obtain the same rights as heterosexual couples regarding having their names included on the birth certificates of their child automatically without having to adopt the child prior to this being allowed. She noted that delays had persisted in that regard. She informed the Panel that she would update them regarding her meeting.

The Panel discussed the current arrangements for parents giving birth in hospital and whether the partner could attend the birth under the Covid- 19 position. In addition, the impact of the pandemic on whether partners could attend antenatal scans. The Panel highlighted that if the partner was Covid-19 positive, the partner would not be allowed to attend the birth. The Panel raised concern that parents should be treated as a single unit and both should be able to attend irrespective of being Covid-19 positive or negative. It was the Panel's view that measures should be in place to allow that to happen.

 

 

9.  Other Administrative Matters

The Panel discussed the Education (Grants and Allowances) (Amendment) (Jersey)

AH

The Panel requested the quarterly Financial Report for December for CYPES and to continue to do so going forward.

10. Future Meetings

The Panel noted that its next meeting was due to take place at 9:30am on Monday 8th March via Microsoft Teams.

 

Meeting held by video conference

Date:  24th February 2021

 

Present

Deputy Robert Ward , Chair Deputy Louise Doublet , Vice-Chair Deputy Mike Higgins

Senator Tracey Vallois

Apologies

 

Absent

 

In attendance

Deputy Jeremy Macon, Minister for Children and Education

Deputy Trevor Pointon, Assistant Minister for Children and Education Andrew  Heaven,  Head  of  Policy,  Strategic  Policy,  Planning  and Performance

Kate  Roberts,  Senior  Policy  Officer,  Strategic  Policy,  Planning  and Performance

Andy Harris , Principal Committee and Panel Officer Monique Magalhaes, Research and Project Officer

 

Agenda matter

Action

1.  Briefing: Omnibus Amendment to the Children's Law

The Panel received the Minister for Children and Education and his Officers for a briefing on the Omnibus Amendment to the Children's Law. 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.

 

Meeting held by video conference

Date:  8th March 2021

 

Present

Deputy Robert Ward , Chair

Deputy Louise Doublet , Vice-Chair (Item 2 only) Deputy Mike Higgins

Apologies

Senator Tracey Vallois

Absent

 

In attendance

Item 2

Deputy Jeremy Maçon, Minister for Children and Education

Deputy Trevor Pointon, Assistant Minister for Children and Education Deputy Scott Wickenden, Assistant Minister for Children and Education Michelle  Moffat,  Policy  Principal,  Strategic  Policy,  Planning  and Performance

Andrew  Heaven,  Head  of  Policy,  Strategic  Policy,  Planning  and Performance

Mark Owers, Director of Safeguarding and Care, Children, Young People, Education and Skills

Mark Rogers, Director General, Children, Young People, Education and Skills

Susan Devlin, Group Director, Children, Young People, Education and Skills

Andy Harris , Principal Committee and Panel Officer Monique Magalhaes, Research and Project Officer

 

Agenda matter

Action

1. Record of meetings

The Panel agreed to carry over the agenda item to its next meeting on Monday 15th March.

 

2. Quarterly Hearing with the Minister for Children and Education

The Panel discussed the question plan for the quarterly hearing with the Minister for Children and Education scheduled for 10am that morning.

The Panel received Deputy Jeremy Maçon, the Minister for Children and Education, and his Officers for a quarterly hearing. The hearing was streamed live to the public and a recording was taken so that a written transcript could be produced.

 

3. Follow up meeting for Quarterly Hearing with the Minister for Children and Education

The Panel discussed the hearing held at 10am that day. The Panel agreed it would send the questions which it had not been able to cover due to time constraints during the hearing as written questions and agreed it would publish the responses once received.

AH/MM

 

The Panel agreed to further consider the progress regarding the Care Memorial project, the training process in relation to Children's Rights Impact Assessments (CRIAs)  and  the  independent  review  into  Children's  Services  as  well  as  the Independent Children's Home Association report once published.

 

4. Government Plan Review

The Panel noted that letters had been sent to the Ministers in relation to the Ministerial Responses received.

The Panel noted that a letter had been sent to the Minister for Children and Education for an update on the proposals of the Early Years Policy Development Board and that a response was expected by 11th March 2021.

 

5. Covid – 19: Impact on Children and Young People

The Panel received an update regarding the progress of the review.

The Officer informed the Panel that arrangements were being finalised in relation to 4Insight and the work being undertaken regarding the focus groups for the review. The Panel noted that the screening questionnaires for the focus groups would be shared with the Panel later that week for approval.

The Panel noted that, to date, approximately eight expressions of interest had been received for the expert adviser role. The Officer informed the Panel that the deadline for responses was the following day and that the interview process would be finalised later that week with potential interviews to follow the week after.

AH/MM

6. Police Governance Law

The Panel noted that letters to stakeholders requesting their views on the proposed changes to the legislation had been sent out and that responses were expected by Friday  that  week.  The  Panel  noted  a  response  received  from  the  Children's Commissioner.

The Panel agreed to discuss any submissions received at its next meeting on Monday 15th March.

The Panel noted a review hearing scheduled for Friday 19th of March and agreed it would decide at its next meeting on 15th March whether the hearing would go ahead as scheduled.

The Panel noted information received regarding the relationship between the Chief Officer of the States of Jersey Police (SoJP) and the roles of the Director General for Justice and Home Affairs and the Group Director for Public Protection and Law Enforcement for Justice and Home Affairs. The Panel agreed it would investigate this area further. The Panel discussed the potential impact of the legislative changes regarding the relationship between the Chief Officer of the SoJP and the Jersey Police Authority (JPA) and Jersey Police Complaints Authority and agreed it would consider this further.

 

7. Omnibus Amendment to the Children's Law

The Panel agreed to carry over the agenda item to its next meeting on Monday 15th March.

 

8. Parental Responsibility Legislation

 

 

The Panel agreed to carry over the agenda item to its next meeting on Monday 15th March.

 

9. Future Meetings

The Panel noted that its next scheduled meeting was due to take place at 10:00am on Monday 15th March 2021, via Microsoft Teams.

 

Children, Education and Home Affairs Scrutiny Panel

Record of Meeting

Meeting held by video conference

Date:  15th March 2021

 

Present

Deputy Robert Ward , Chair

Deputy Louise Doublet , Vice-Chair Deputy Mike Higgins (Items 3 to 8 only)

Apologies

Senator Tracey Vallois

Absent

 

In attendance

Andy Harris , Principal Committee and Panel Officer Monique Magalhaes, Research and Project Officer

 

Agenda matter

Action

1. Record of meetings

The Panel noted and approved the record of the meetings held on 19th, 22nd and 24th February 2021.

 

2. Government Plan Review

The Panel noted and discussed the letter and draft report, shared in confidence with the Panel, received on 12th March from the Minister for Children and Education regarding an update on the proposals of the Early Years Policy Development Board.

The Panel highlighted the report was substantial and noted a briefing document would be shared with it, outlining the key areas of the report.

The Panel agreed it would discuss the draft report when all Panel members were present.

AH/MM

3. Covid – 19: Impact on Children and Young People

The Panel received an update regarding the progress of the review.

The  Panel noted  the  screening  questionnaires  for  the  focus  groups had  been received on Thursday 11th March. The Panel noted that the questionnaires had been approved and that 4Insight had anticipated to commence the recruitment process for the focus groups over the coming weeks with the intention for them to be undertaken during April 2021.

The Panel noted that the expert adviser interviews had been arranged for the 16th and 17th March after which the expert advisor role would be decided. The Panel noted that five potential advisers would be interviewed and that some had suggested to work jointly with a colleague.  

The Panel agreed to meet in person at the States Assembly Building, Le Capelain Room, to hold the interviews via Microsoft Teams with the interviewees. The Panel agreed the criteria for the adviser interviews and noted that the Officer would provide interview packs which would be shared with the Panel later that afternoon.  

AH

 

The Panel noted its preference for the review to concluded by the end of July 2021.

The Panel received an update in relation to the potential adviser role regarding the voice of the child. The Panel noted that the potential adviser was local to Jersey and had  expertise  in  the  area  of  educational  psychology.  The  Panel  noted  it  was expecting to receive follow up information regarding how the adviser may be able to contribute to its review. The Panel agreed that any contribution would be separate from the work regarding the focus groups.

The Panel noted and discussed the budget allocation for the review. The Panel agreed it would need to carefully consider the budget and whether it would be sufficient for the review, noting that the funding allocated for the running of the focus groups would need to be increased and additional funding would be required for the potential adviser regarding the voice of the child. Moreover, the Panel noted that funding would need to be available for advertising and the scheduled public hearings.

The Panel raised concern regarding the budget available for scrutiny work as a result of the requirement for surplus review work due to the Covid -19 pandemic. The Panel's Chair agreed to raise this concern at the next Scrutiny Liaison Committee meeting scheduled for Thursday that week.

The Panel emphasised the importance of having the necessary budget available for the review, particularly as it was a significant undertaking and would require the contribution from expert advisers.

The Panel discussed whether a separate scrutiny budget could be made available for Covid-19 related reviews and whether the voice of the child aspect could be funded through the communications budget. The Panel also discussed whether overarching priorities could be considered when budget was allocated for scrutiny work. It was noted that those areas would need to be raised with the Scrutiny Liaison Committee.

It was noted that the apportionment for the scrutiny budget was not allocated separately for each Panel. The Panel requested that the spend to date of the scrutiny budget be shared with it.

RW

AH

4. Police Governance Law

The Panel noted the responses received from the Comptroller and Auditor General, the Children's Commissioner and the States of Jersey Police Association regarding its review. The Panel noted that a submission was expected from the Jersey Police Authority by the 19th March.

The Panel agreed it would discuss the review and submissions at its next meeting on Monday 29th March. The Panel agreed it would schedule a meeting that would specifically focus on the review to further discuss the potential impact and concerns as a result of the changes that would be brought by the draft regulation. The Panel agreed it would wait to receive the submission from the Jersey Police Authority prior to holding that meeting.

The Panel noted that written questions had been submitted to the States Assembly by Deputy Higgins regarding the role of the Jersey Police Authority. It was noted that a response had not yet been published and that the response could be useful to further develop the Panel's understanding regarding the proposed changes that would be brought by the draft regulation.

AH

 

The Panel requested that a hard copy of the C&AG's submission as well as the draft Regulation be shared with the Panel.

The Panel discussed whether an adviser would be necessary to assist with the review. Noting the timeline for the review and that the draft regulation was scheduled for debate on 20th April 2021, the Panel agreed it would wait to receive the submission from the Jersey Police Authority as well as the responses to Deputy Higgins' written questions before considering whether to progress this area further.

AH

5. Omnibus Amendment to the Children's Law

The Panel discussed the briefing it had received on 24th February.

The Panel noted and discussed the timeline for the policy development process and noted that it was anticipated for components of the law to be lodged and debated separately between 2021 and 2023. The Panel raised concern regarding the timeline for  the  policy  development  and  noted  that  the  policy  work  would  bridge  two Assemblies and that any agreed changes would not be applied until 2023.

The Panel agreed it would include the Omnibus Amendment to the Children's Law within its legacy report as a priority workstream for the Panel that would supersede it, noting that this policy work would impact that Panel.

 

6. Parental Responsibility Legislation

The Panel received an update regarding the meeting held between Deputy Doublet and the Head of Policy.

The Panel discussed the policy work being undertaken to provide clarity within legislation in relation to same sex couples and the process involved in relation to the naming of parents on birth certificates. It was noted that the work had been delayed by Covid-19 and was now progressing, albeit slowly.

The Panel discussed under which ministerial remit this policy would fall and noted that it would need to understand the involvement of the Minister for Home Affairs regarding this policy area, noting that the Minister for Home Affairs would have responsibility in relation to the role of the Superintendent Registrar.

The Panel agreed that it would follow up with the Minister for Children and Education regarding the timeline for the policy work after which the Panel would decide how it would proceed with progressing any work in this area.

 

7. University Students

The Panel discussed the provisions regarding students travelling between Jersey and the United Kingdom, noting it had received correspondence from members of the public with concerns in that regard.

The Panel agreed it would write to the Minister for Children and Education in relation to the arrangements regarding students travelling between Jersey and the United Kingdom over the Easter period and whether guidance would be published in that regard.

AH/MM

8. Administrative Matters

The Panel requested that a hard copy of the work programme be shared with the Panel.

AH

 

The Panel discussed its work programme and it anticipated that it would launch its review of the Drug and Alcohol Strategy in May 2021.

 

9. Future Meetings

The Panel noted that its next scheduled meeting was due to take place at 10:00am on Monday 29th March 2021, via Microsoft Teams.

 

Date:  30th March 2021

 

Present

Deputy Robert Ward , Chair Deputy Louise Doublet , Vice-Chair Senator Tracey Vallois

Deputy Mike Higgins

Apologies

 

Absent

 

In attendance

Nathan Fox, Head of Policy, Criminal Justice

Sara Garwood, Senior Policy Officer

Andy Harris , Principal Committee and Panel Officer

 

Agenda matter

Action

1. Crime (Prejudice and Public Disorder) (Jersey) Law 202-

The Panel received Nathan Fox, Head of Policy, Criminal Justice and Sara Garwood, Senior Policy Officer for a briefing in relation to the Crime (Prejudice and Public Disorder) (Jersey) Law 202- (the draft Law'). 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.

 

Date:  29th March 2021

 

Present

Deputy Robert Ward , Chair

Deputy Louise Doublet , Vice-Chair (Items 1,2,4,5,6,7,8,9,10) Senator Tracey Vallois

Apologies

Deputy Mike Higgins

Absent

 

In attendance

Andy Harris , Principal Committee and Panel Officer Monique Magalhaes, Research and Project Officer

 

Agenda matter

Action

1. Record of meetings

The Panel noted and approved the record of the meetings held on 8th and 15th March 2021.

 

2. Covid – 19: Impact on Children and Young People

The Panel received an update regarding the progress of the review.

The Panel noted and approved the draft letter to send to stakeholders to request their views. The Panel agreed the letters would be sent out later that week with a response requested by 30th April.

The Panel discussed the news release that had been prepared to promote the focus groups and agreed it would be published on the States Assembly website and provided to the media later that week. The Panel noted that 4Insight had commenced the recruitment process for the focus groups.

The Panel noted that the expert advisers had been appointed the previous week and that the appointment would be covered within the approved allocated budget for the role. The Panel observed that a meeting was held with the advisers to discuss the arrangements regarding the review process. It was noted that a Teams Channel had been set up between the advisers and the Officers where relevant information for the review would be shared.

It was noted that an infographic to promote the review to children had been created and that the expert advisers were providing input to ensure the engagement would be child friendly and accessible to children. It was agreed that the communications would go out by email to parents via the schools' headteachers that week.

The Panel discussed the potential appointment of an adviser to the role regarding the voice of the child. The Panel noted that the appointment would require additional budget to be sought, therefore, agreed it would arrange to meet the adviser to discuss the proposal further before finalising its decision.

AH AH

AH AH

 

The Panel noted that the funding concern for Covid-19 related scrutiny work had been raised with the Scrutiny Liaison Committee and that the outcome had been positive.

The Panel discussed the title of the review and considered revising it to ensure it would capture the audience adequately.

The Panel agreed that if the focus groups were to be held in person it would attend a couple of the sessions to observe the process.

 

3. Police Governance Law

The Panel discussed the responses received from the Comptroller and Auditor General, the States of Jersey Police, and the Jersey Police Authority regarding its review.

The Panel discussed the consequences of retaining or removing the elected States Members from the board of the Jersey Police Authority. It discussed the definition of operational independence in the context of the draft Law and considered how resources would be made adequately available to the Jersey Police Authority. The Panel noted that it would need to further understand what the draft Law was endeavoured to achieve and why it would be an improvement on the existing legislation.

The Panel agreed to send written questions to the Minister for Home Affairs to further inform its review after which it would decide whether a hearing would be required.

The Panel discussed Deputy Wickenden's amendment to the draft Law and agreed to invite Deputy Wickenden to its next Panel meeting on Monday 12th April to discuss his amendment.

The Panel discussed possible amendments to the draft Law and agreed it would wait to receive the responses to its written questions after which it would consider its scrutiny approach further.

To ensure adequate scrutiny was undertaken, the Panel agreed to request the Minister for Home Affairs to defer the debate of the draft Law to the States Assembly Sitting on 11th May.

AH

AH AH

AH

4. Crime (Prejudice and Public Disorder) (Jersey) Law 201-

The Panel noted the scheduled briefing on the legislation and requested that the briefing be rearranged for Tuesday 31st March at 10.15am.

The Panel discussed the draft Law that had been shared with it ahead of the briefing. The Panel agreed it was likely that scrutiny work would need to be undertaken with regard to the draft Law, however, it would wait to be briefed on it before deciding on how to proceed.

AH

5. Follow up Questions from Quarterly Hearing with the Minister for Children and Education

The Panel requested that any information that had been requested at the previous hearing be identified via the transcript and followed up.

The Panel discussed the responses received and agreed it would include an area of questioning regarding Children, Adult, Mental Health Services (CAMHS) at its next

AH

 

hearing in particular regarding staff resources and turnover, staff training and the model or pathways of treatment for care of children.

The Panel agreed that the business case that was submitted to the Government Plan regarding CAMHS should be requested.

AH

6. Early Years Policy Development Board (EYPDB) Report

The Panel noted and discussed the briefing note on the EYPDB report. It agreed to consider it further and to follow up with questions at its next public hearing.

The Panel noted that two of its members had an association with the EYPDB and discussed whether that would represent any conflict of interest if scrutiny work developed in that area. It was agreed that if a proposed policy was brought forward and the Panel agreed to scrutinise it, as the members had not been involved in the decision-making process, it should not pose a conflict of interest.

 

7. Independent Children's Home Association Report

The Panel noted that an extension had been agreed for the Minister for Children and Education to respond to its written questions in relation to the Independent Children's Homes  Association  Report  on  Children's  Services.  The  Panel  agreed  it  would request to receive the report in confidence.

AH

8. Parental Responsibility Legislation

The Panel noted it was still in the process of following up regarding the legislation. Deputy Doublet was taking the lead in that regard.

LD

9. University Students

The Panel noted the response received from the Minister for Children and Education on 17th March and agreed no further action was necessary.

 

10.  Draft  Covid  -19  (Amendments  -Extension  and  Suspension)  (Jersey) Regulations 202 – P.25/2021

The Panel noted that the proposition P.25/2021 had been lodged on 25th March 2021. It agreed to consider the aspects under its remit and would present Comments ahead of the debate of the proposition scheduled for 11th May.

The Panel agreed to discuss this further at its next meeting Panel meeting on 12th April.

AH

11. Other Business

The Panel noted and discussed an open letter to all States Members regarding the United Kingdom's Policing Bill. It agreed it could follow up with questions in the States Assembly.

The Panel noted that it had written to the Chief Minister for confirmation regarding who would be taking responsibility for the Children and Education remits during the incapacity of the Minister for Children and Education. It was noted that the Panel was expecting a response that day.

 

12. Future Meetings

The Panel noted that its next scheduled meeting was due to take place at 10:00am on Monday 12th April 2021, via Microsoft Teams.

 

Children, Education and Home Affairs Scrutiny Panel

Record of Meeting

Meeting held by video conference

Date:  12th April 2021

 

Present

Deputy Robert Ward , Chair Senator Tracey Vallois

Apologies

Deputy Louise Doublet , Vice-Chair

Absent

Deputy Mike Higgins

In attendance

Deputy Scott Wickenden (Item 4 only)

Andy Harris , Principal Committee and Panel Officer Monique Magalhaes, Research and Project Officer

 

Agenda matter

Action

1. Record of meetings

The Panel noted and approved the record of the meeting held on 30th March 2021.

 

2. Covid – 19: Impact on Children and Young People

The Panel received an update regarding the progress of the review. The Panel noted that  the  focus  groups  would  be  commencing  in  the  coming  weeks  and  that approximately 54 people had been recruited for the focus groups to date.

The Panel noted that the letters to stakeholders requesting their views had been sent out on 31st March 2021. With regards to the letters for Parent Teacher Associations and students, the Panel noted that the timing was not ideal as it had fallen during the Easter period when schools would be closed for two weeks.

The Panel noted the stakeholder submissions it had received to date and that an extension for submissions might be required to accommodate several stakeholders' requests for an extension.

The Panel noted that the Expert Advisors were now involved in the review process.

 

3. Police Governance Law Review

The Panel noted its meeting with Deputy Wickenden at 11am that morning and discussed Deputy Wickenden's amendment, Draft States of Jersey Police Force (Amendment No.3) Law 202- (P.10/2021) : Amendment', to the draft Law and areas that it intended to address during the meeting.

The Panel noted that the Minister for Home Affairs had agreed to defer the debate of the draft Law until the 11th May.

The Panel noted it was scheduled to receive a response from the Minister for Home Affairs to its written questions on the draft Law, however the response had not yet been received. As the Panel was due to discuss the response that morning, the Panel

 AH/MM

 

agreed to follow up the response with the Minister as priority and schedule an additional meeting for the following day to discuss the response if received.

The Panel discussed possible amendments to the draft Law and agreed it would consider its approach further once it had met with Deputy Wickenden and had discussed the Minister for Home Affairs response to its written questions.

The Panel noted that the deadline for amendments would be 27th April 2021.

The Panel agreed that if necessary, it may include the draft Law as a question area for the Quarterly Hearing with the Minister for Home Affairs scheduled for the 26 April 2021. Alternatively, it may consider arranging a separate hearing with the Minister and Officers if it was deemed necessary. It agreed that a decision would be taken once it had received the response to its written questions from the Minister.

 

4. Meeting with Deputy Scott Wickenden on Draft States of Jersey Police Force (Amendment No.3) Law 202- (P.10/2021): Amendment

The  Panel  met  with   Deputy  Wickenden  at  11am  that  morning  to  discuss  his amendment, Draft States of Jersey Police Force (Amendment No.3) Law 202- (P.10/2021): Amendment', to the draft Law, Draft States of Jersey Police Force (Amendment No.3) Law 202-'.

The Panel noted that it wished to obtain further clarity regarding the role of the elected States Members on the board of the Jersey Police Authority (JPA) and the impact of it on the independence of the governance of the States of Jersey Police (SoJP) Force. In addition, it wanted to understand the rationale for Deputy Wickenden's amendment.

The Panel requested Deputy Wickenden to clarify whether his amendment was suggesting that the role of the elected States Members should be retained subject to a review of the current JPA structure or retained regardless of any review. Deputy Wickenden explained that the role of the elected States Members on the board of the JPA  should  remain,  however,  that  he  would  be  satisfied  with  a  review  being undertaken as any changes should be evidence based. It was Deputy Wickenden's view that the proposed removal of the elected States Members from the board had been proposed without any review and without any evidence to back the proposed change. He emphasised that he was not aware of any reference that had been made by the Minster for Home Affairs in relation to a review of the JPA board's structure.

Deputy Wickenden explained that the Comptroller and Auditor General (C&AG) had not expressed any reasons for considering the Scott ish and Irish model as an improvement over Gibraltar's model on which Jersey's current structure was based. He emphasised that no evidence had been provided as to why the Scott ish and Irish model should be used as the benchmark for Jersey.

Deputy Wickenden highlighted the importance of having elected States Members on the JPA board. It was his view, that without States Members on the board, any proposed actions brought by Ministers could not be adequately challenged when required. He continued to explain that a benefit of having States Members on the board was it enabled the JPA to have a better understanding of the functioning of the States Assembly and the workings of the financial plan. He raised a point of concern that if a proposed budget cut could not be challenged by the JPA, that may directly impact policing in Jersey. He explained that having States Members on the board of the JPA functioned to facilitate the challenging of Ministers proposing changes to the policing budget.

 

 

The Panel noted that ensuring the adequate level of funding was available for policing was extremely important.

The Panel asked Deputy Wickenden what he believed would be the most successful approach. Deputy Wickenden considered that a review of the current position would be ideal. He explained that initially Jersey had decided to not follow the model of the United Kingdom and had chosen to base its model on that of Gibraltar as it was considered a similar jurisdiction to Jersey. He emphasised that this aspect should have been reviewed but was not. In addition, a review would be necessary to identify any impact of the role of States Members on the JPA board on the independence of the governance of the SoJP.

The Panel asked Deputy Wickenden if the role of the elected States Members on the JPA board could impact the independence of the governance of the SoJP Force in any way. Deputy Wickenden explained that the JPA did not possess the powers to instruct the SoJP Force and that it only had the ability to challenge. He highlighted that the JPA had the ability to impact the Minister for Home Affairs. He explained that being on the board allowed him to arrange meetings with Ministers and Officers when required and facilitated the JPA to challenge a Minister's proposed actions. He noted that the approach was beneficial as the Chief of Police would be able to communicate concerns with the JPA and this could then be relayed adequately via the JPA, facilitated by the elected States Members, to the Ministers. He explained that with the States Members on the board, the communication route to Ministers was more easily accessable for the JPA. It was Deputy Wickenden's view that it would be easier for the Chief of Police to communicate concerns with the JPA than directly with the Minister due to the hierarchal structure.

The Panel asked what the current budget for the JPA was. It was explained that it was £63,000 and that would cover the administrative function of the JPA.

It was Deputy Wickenden's view that the Minister for Home Affairs was indifferent in his view to the whether the JPA board should encompass States Members.

The Panel asked Deputy Wickenden whether he was aware of the JPA having undergone any form of review of its effectiveness. He confirmed that to his knowledge no review had been undertaken. He noted that the JPA, in his view, had only recently become established in its role and as a result had not been effective until more recently. He noted that since the establishment of the JPA that four States Members had been part of the board and that neither Ministers nor the C&AG had discussed any form of review with any of the States Members.

The Panel asked Deputy Wickenden what the role of the States Members on the JPA encompassed and questioned whether it was an advocacy role. The Panel asked if the  political  influence  could  be  considered  a  point  of  contention.  The   Deputy explained that, in the main, the public did not have a comprehensive understanding of the workings of the States Assembly, consequently, neither did the independent members of the JPA board. Therefore, the role of the States Members was to bridge that gap and to improve the understanding within the JPA in relation to the States Assembly  and  its  functioning.  It  was  felt  that  the  States  Members  helped  to strengthen the level of knowledge within the JPA regarding the States Assembly.

The Panel questioned what criticism a States Member on the board of the JPA could face and whether a valid means existed in which a States Member could misuse their position on the board. It was explained that States Members were elected which

 

 

could transpire to demonstrating a level of authority. In addition, as a member of the JPA board, relationships were formed with the Chief of Police and that relationship could be considered inappropriate for a States Member. However, the relationship with the Chief of Police could be seen as beneficial as the States Assembly could remain up to date with regard to Jersey's policing.

The Panel asked what powers a member of the JPA held in relation to the SoJP. It was explained that a member would not be able to instruct the SoJP. It could only challenge decisions and information through consideration of information and data that it received via the SoJP including data on policing trends and figures regarding overtime and illness levels, for example.

The Panel asked whether the JPA was consulted on the Target Operating Model. It was confirmed that it was, however, it was done via the Chair of the JPA. It was noted that the Minister for Home Affairs very rarely attended the JPA meetings.

The Panel questioned whether the JPA board should be reviewed on a fixed basis. The Deputy explained he had been on the board for six years and that perhaps a review was necessary, and a fixed term should be established for board members. It was discussed whether this would be achievable through amending the primary legislation.

The  Panel  and   Deputy  Wickenden  discussed  how  an  amendment  could  be approached. Deputy Wickenden was content for the Panel to amend his amendment, if required, and confirmed he would be willing to withdraw his amendment as long as the outcome was a shared view. The Panel agreed to discuss this matter further.

The Panel thanked Deputy Wickenden for attending the meeting and he exited the video call.

 

5. Follow Up Meeting to Debrief after Meeting with Deputy Scott Wickenden

The Panel discussed the meeting held with Deputy Scott Wickenden and considered the potential scrutiny approach it could undertake as a result of the evidence it had gathered during the meeting.

The Panel discussed potential amendments and how it may approach that aspect.

It discussed further areas it would need to consider including the effectiveness of the JPA, the review process regarding the States Members forming part of the JPA's board and the consideration for the JPA role to extend to other services.

The Panel agreed it would request the law drafting instructions for the draft Law and the timeline in relation to the processes that was followed prior to the commencement of the law drafting process.

AH/MM

6. Crime (Prejudice and Public Disorder) (Jersey) Law 201-

The Panel discussed the briefing on the Crime (Prejudice and Public Disorder) (Jersey) Law 201- it had received on 31st March 2021. The Panel noted that the briefing had raised many questions regarding the legislation that it would need to follow up, particularly regarding timescales for the progress and lodging of the legislation. The Panel also discussed the consultation process and whether it was appropriate.

The  Panel  discussed  the  protected  characteristics  that  would  be  included  or exempted from the legislation and agreed further consideration would be required in relation to that aspect of the legislation.

 

 

The Panel discussed how it might approach any scrutiny work of the legislation and considered how it would align with its work programme.

The Panel agreed to request a further briefing on the legislation prior to the legislation being lodged for debate and agreed to request an indication of the timeline for when the legislation would be lodged for debate. This would help to inform the Panel's work programme for the year.

AH/MM

7. Independent Children's Home Association Report

The Panel noted and briefly discussed the response it had received to its written questions from the Minister for Children and Education in relation to the Independent Children's Homes Association Report on Children's Services. The Panel agreed it would consider the response in more detail.

The Panel agreed it would request a copy of the Our Plan' for Children Services which was referenced within the response received.

The Panel noted that it was awaiting a decision with regards to when the Independent Children's Homes Association Report on Children's Services could be shared with it.

The Panel discussed whether the report remained in draft form or had been finalised. In addition, whether the Minister for Children and Education had sight of it and whether its findings had been presented to the Director of Safeguarding and Care. The Panel agreed to request clarity from the Minister for Children and Education regarding this aspect.

The Panel agreed it would consider arranging an in-person meeting with the Minister for Children and Education and the Heads of Children, Young People, Education and Skills in due course to discuss this matter further.

AH/MM

AH/MM

8. Quarterly Hearing with the Minister for Home Affairs

The Panel noted the public Quarterly Hearing with the Minister for Home Affairs scheduled for Monday 26th April and discussed areas of questioning for the hearing.

The Panel noted the question plan for the hearing would be shared via Microsoft Teams later that week.

AH/MM

9. Quarterly Hearing with the Minister for Children and Education (Education Remit)

The Panel noted the public Quarterly Hearing with the Minister for Children and Education scheduled for Friday 30th April and discussed areas of questioning for the hearing.

The Panel noted the question plan would be shared via Microsoft Teams in due course.

AH/MM

10. Future Meetings

Following  the  Government  guidance  changes  regarding  Covid-19,  the  Panel discussed whether it should commence in-person meetings going forward.

The Panel agreed that, where possible, it would undertake meetings and hearings in person, however, could utilise a hybrid option using Microsoft Teams should the attendee numbers fall outside of the guidance limit allowed. It was noted that

 

 

currently the room size could accommodate a maximum of 10 people within the Government guidance.

The Panel highlighted the States Assembly Building's WIFI would need to be looked at to ensure it was working adequately.

The Panel noted that its next scheduled meeting was due to take place at 10:00am on Monday 26th April 2021, in person in the Le Capelain room, States Assembly Building.

AH/MM

Date:  13th April 2021

 

Present

Deputy Robert Ward , Chair Senator Tracey Vallois Deputy Mike Higgins

Apologies

Deputy Louise Doublet , Vice-Chair

Absent

 

In attendance

Andy Harris , Principal Committee and Panel Officer

 

Agenda matter

Action

1. Draft States of Jersey Police Force (Amendment No.3) (Jersey) Law 202-

The Panel met in order to discuss its review of the Draft States of Jersey Police Force (Amendment No.3) (Jersey) Law 2021- (hereafter the draft Law). It was noted that the response from the Minister for Home Affairs in relation to the Panel's questions on the draft Law had yet to be received. The Panel expressed its disappointment that this had yet to be received and the Officer advised that this would be followed up as a matter of priority. It was, however, noted that the Minister had agreed to defer debate of the draft Law until the States sitting on 11th May as per the Panel's request.

The Panel recalled its discussion with Deputy Scott Wickenden in relation to his amendment to the draft Law. It was agreed that the Panel would proceed with an amendment to draft Law which would retain States Members as members of the Jersey Police Authority (JPA), subject to a triennial review. It was noted that Deputy Wickenden was in support of the Panel's proposed approach.

The Panel also discussed the lack of a defined inspection frequency for the States of Jersey Police Force as per the draft Law and defined responsibility of the JPA to ensure they took place. The Panel agreed that it would consult with the JPA and the Comptroller and Auditor General in order to gather views on the preferred frequency of inspections.

Subject to these discussions, and the response from the Minister for Home Affairs, the Panel agreed that it would proceed with instructing the Legislative Drafters to make the necessary amendments.

AH AH

Date:  26th April 2021

 

Present

Deputy Robert Ward , Chair Deputy Louise Doublet , Vice-Chair Senator Tracey Vallois

Apologies

Deputy Mike Higgins

Absent

 

In attendance

Item 2

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, Justice and Home Affairs

Luke Goddard, Assistant Director, Jersey Customs and Immigration Service Robin Smith, Chief of Police, States of Jersey Police

Nathan Fox, Head of Policy, Justice and Home Affairs

Andy Harris , Principal Committee and Panel Officer Monique Magalhaes, Research and Project Officer

 

Agenda matter

Action

1. Record of meetings

The Panel agreed to move this agenda item to its next Panel meeting on Tuesday 4th May 2021.

 

2. Quarterly Hearing with the Minister for Home Affairs

The Panel discussed the question plan for the hearing with the Minister for Home Affairs scheduled for 10:30am that day.

The Panel received Connétable Len Norman, the Minister for Home Affairs, and Officers for a quarterly public hearing. The proceedings were streamed live to the public and a recording was taken so that a transcript could be produced.

The Panel agreed it would send the questions it was unable to ask during the hearing to the Minister for Home Affairs for a response in writing.

AH

3. Police Governance Law Review

The Panel noted and discussed its approach regarding its amendments to the draft Law. It noted that any amendments would need to be lodged by the following day.

 

4. Immigration Legislation Consolidation

The Panel noted the briefing on the Immigration Legislation Consolidation scheduled for Wednesday 28th April at 10:30am and requested, if possible, that the meeting was held in person.

AH

 

5. Quarterly Hearing with the Minister for Children and Education (Education Remit)

The Panel noted that a quarterly public hearing with the Assistant Minister for Education was scheduled for 10:00am on Friday 30th April.

 

6. R.67/2021 - States of Jersey Law 2005: Delegation of functions – Minister for Children and Education – Director General Children, Young People, Education and Skills

The Panel agreed to move this agenda item to its next Panel meeting on Tuesday 4th May 2021.

 

7. Future Meetings

The Panel noted that its next scheduled meeting was due to take place at 10:00am on Tuesday 4thMay 2021, via Microsoft Teams.

 

Date:  28th April 2021

 

Present

Deputy Robert Ward , Chair Deputy Louise Doublet , Vice-Chair Senator Tracey Vallois

Deputy Mike Higgins

Apologies

 

Absent

 

In attendance

Steven Pallot, Senior Legal Advisor, Law Officers' Department Matthew Berry, Legal Advisor, Law Officers' Department

Mark Cockerham, Customs and Immigration

Richard Coenen, Customs and Immigration

Andy Harris , Principal Committee and Panel Officer Monique Magalhaes, Research and Project Officer

 

Agenda matter

Action

1. Briefing: Immigration Legislation Consolidation

The Panel received Officers from the Law Officers' Department and the Department for  Customs  and  Immigration  for  a  briefing  on  the  Immigration  Legislation Consolidation on Wednesday 28th April at 10.30am. 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.

 

Date:  30th April 2021

 

Present

Deputy Robert Ward , Chair Senator Tracey Vallois

Apologies

Deputy Louise Doublet , Vice-Chair Deputy Mike Higgins

Absent

 

In attendance

Deputy Scott Wickenden, Assistant Minister for Children and Education Mark Rogers, Director General, Children, Young People, Education and Skills (CYPES)

Seán O'Regan, Group Director, Education

Keith Posner, Head of Office, CYPES

Nick Jewell, Head of Facilities Management, CYPES

Jonathan Williams, Director, Education Reform Programme

Andy Harris , Principal Committee and Panel Officer Monique Magalhaes, Research and Project Officer

 

Agenda matter

Action

1. Quarterly Hearing with the Minister for Children and Education (Education Remit)

The Panel received Deputy Scott Wickenden, Assistant Minister for Children and Education, Mark Rogers, Director General, Children, Young People, Education and Skills (CYPES), Seán O'Regan, Group Director, Education, Keith Posner, Head of Office, CYPES, Nick Jewell, Head of Facilities Management, CYPES, Jonathan Williams, Director, Education Reform Programme for a quarterly public hearing. The proceedings were webcast live and recorded so that a transcript could be produced.

 

Date:  4th May 2021

 

Present

Deputy Robert Ward , Chair Deputy Louise Doublet , Vice-Chair

Apologies

Senator Tracey Vallois

Absent

Deputy Mike Higgins

In attendance

Andy Harris , Principal Committee and Panel Officer Monique Magalhaes, Research and Project Officer

 

Agenda matter

Action

1. Record of meetings

The Panel noted and approved the records of the meetings held on 29th March and 12th, 13th and 26th April 2021.

 

2. Covid-19 Response – Impact on Children and Young People

The Panel asked whether the communications that had been sent out to the schools for parents, children and Parent Teacher Associations (PTA) had been received. It was noted that confusion had arisen regarding whether the communications that had been sent via headteachers for the PTAs was to be shared with the parents as well. It was noted that this had been discussed with the department for Children, Young People, Education and Skills (CYPES) and that a suitable process for communicating with the PTAs, parents and children had been identified.

Noting  the  uncertainty  regarding  whether  the  PTAs  had  received  the  email communications, the Panel discussed whether physical letters could be sent out to the Chairs of the PTAs of the schools. It was agreed that this would be considered, and a process to follow up with PTAs would be agreed.

Regarding the communications for parents, it was noted that it was being followed up with CYPES. It was noted that the communications were due to go out via CYPES through schools to parents at the end of March 2021. However, as this was at the time of the start of the Easter holidays, it was agreed that the communications should be resent and that the deadline for responses should be extended to 28th May 2021.

The Panel discussed the use of postcards to communicate the review with children. It was noted that the script for the postcard was being considered by the States Greffe's Digital and Public Engagement department and it was anticipated that the final design would be completed by Thursday that week. It was agreed that a meeting should be arranged with the advisers for the review for the following day, if possible, to discuss the postcard design.

The Panel agreed that it would be beneficial to meet school councils of some primary schools to discuss the review. It was agreed that this would be arranged through the department in due course.

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It was noted that the advisers for the review would be attending the Panel's next meeting on 17th May 2021.

The Panel requested an updated timeline for the review.

The Panel noted that the focus groups had commenced on 29th April 2021. The Panel Members discussed sessions it would be able to attend going forward. The Panel discussed  the  focus  groups  that  had  taken  place  to  date  and  discussed correspondence and positive feedback it had received from 4Insight.

The  Panel  discussed  the  focus  groups  that  would  be  undertaken  online  and considered whether it would be possible to watch the recordings that Members could not attend in person. The Panel discussed potential times to view the recordings of the sessions and agreed to arrange to view them on Tuesday 18th May, if possible.

AH

AH

3. Police Governance Law Review

The Panel noted and discussed the Comments Paper in relation to the draft Law and noted it would need to be presented by midday Friday 7th May that week. The Panel agreed to follow up with any changes prior to that.

The  Panel  noted  and  discussed  its  amendments  to  the  draft  Law.  The  Panel discussed its third amendment and considered the role of a Police Commissioner in the United Kingdom and how that would impact its third amendment, given its proposed removal of the Minister for Home Affairs' approval for the Chief Officer of the Police to send Officers to serve in another jurisdiction and, likewise, request additional resources from other jurisdictions where required. The Panel discussed whether it should retain its third amendment and decided it would consider that further. It was noted that the Comments Paper would need to be adjusted to reflect the Panel's decision regarding its third amendment, should the decision to withdraw it be taken.

AH

4. Immigration Legislation Consolidation

The Panel discussed the briefing received on Wednesday 28th April 2021. The Panel noted that the draft legislation had not yet been lodged and agreed it would need to consider it further as it was a substantial piece of work. The Panel anticipated that it would produce a Comments Paper as part of its review of the draft legislation.

The Panel discussed how scrutiny of this legislation could be undertaken. The Panel considered whether a Review Panel or an adviser could facilitate any scrutiny process of the legislation, however, the Panel agreed in the first instance to consider the proposition in relation to the proposed changes and to follow up with any questions in that regard.

The Panel agreed a separate channel should be set up on Microsoft Teams for this piece of work.

The Panel requested that the timescale for the draft legislation should be shared with it in order for it to organise its work programme and manage its capacity effectively.

AH AH AH

5. R.67/2021 - States of Jersey Law 2005: Delegation of functions – Minister for Children and Education – Director General Children, Young People, Education and Skills

AH

 

The Panel noted and discussed R.67/2021. The Panel raised several concerns and agreed to write to the Chief Minister for a response in writing regarding its questions in relation to the delegation of powers to the Director General for CYPES as per the Ministerial Order.

 

6. Quarterly Hearing with the Minister for Children and Education (Children's Remit)

The  Panel  discussed  its  upcoming  hearing  with  the  Minister  for  Children  and Education in regard to the children's remit and agreed potential question areas for the hearing. The Panel agreed for a draft question plan to be compiled for its consideration.

AH

7. Any Other Business

The Panel requested for meetings to be arranged for it to meet with the headteachers of schools and teaching unions regarding the Education Reform Programme. The Panel discussed whether it should meet with teaching staff at schools as well and whether it should arrange to meet teaching staff within schools or to invite them to meet outside of the schools instead. The Officers advised that the feasibility of the meetings would be considered, and options relayed to the Panel.

AH

8. Future Meetings

The Panel noted that its next scheduled meeting was due to take place at 10:00am on Monday 17th May 2021, in the Le Capelain Room, States Building and by Microsoft Teams for Members wishing to attend virtually.

 

Children, Education and Home Affairs Scrutiny Panel

Record of Meeting

Meeting held by video conference

Date:  17th May 2021

 

Present

Deputy Robert Ward , Chair

Deputy Louise Doublet , Vice-Chair (items 2 and 3 only) Senator Tracey Vallois

Deputy Mike Higgins (item 2 only)

Apologies

 

Absent

 

In attendance

Item 2

Ceri Brown, Adviser, Covid-19 Review – Impact on Children and Young People

Michael Donnelly, Adviser, Covid-19 Review – Impact on Children and Young People

Andy Harris , Principal Committee and Panel Officer

Monique Magalhaes, Research and Project Officer

Edward  Le  Gallais,  Communications  Officer,  Digital  and  Public Engagement

 

Agenda matter

Action

1. Record of meetings

The Panel noted and approved the records of the meetings held on 30th April and 4th May 2021.

 

2. Adviser Meeting: Covid-19 Review – Impact on Children and Young People

The Panel received the Advisers for the Covid-19 Review to discuss the progress of the review at 10am that morning. 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.

 

3. Covid-19 Response – Impact on Children and Young People

The Panel agreed for a meeting to be scheduled for that week with the Advisers of the  review  and  the  Digital  and  Public  Engagement  Team  to  discuss  possible engagement options in relation to the review.

The Panel agreed for arrangements to be considered for how the Advisers of the review could meet with relevant stakeholders and Officers regarding the review.

The Panel noted that it was unlikely that the communications that had been sent via the Department for Children, Young People, Education and Skills (CYPES) for parents and children had been received. It was agreed that this would be followed up with CYPES after which further actions would be considered.

It was noted that the coordinator role for school councils was no longer present. Therefore, it had been suggested by CYPES that a briefing note be compiled to

AH AH

AH

 

reflect the Panel's intention to meet with the school councils in relation to its review, and that could be shared with the relevant representatives to inform them of the Panel's request. It was noted that the briefing note would be shared later that week with the department.

The  Panel  discussed  public  hearings  regarding  the  review.  It  noted  its disappointment in the current situation regarding the delegation of functions of the Ministerial role for Children and Education and agreed to request the Chief Minister as well as the Minster for Health and Social Services to attend any review hearings.

Deputy Doublet left the meeting at this point – 11.44am

AH

AH

4. Police Governance Law Review

The  Panel  noted  the  amendments  that  had  been  accepted  during  the  States Assembly debate of the proposition on 11th May 2021.

The Panel noted that the Comptroller and Auditor General (C&AG) intended to review the implementation of the recommendations they had made as part of their review into the Governance of the States of Jersey Police Force later that year. The Panel agreed to write to the C&AG to outline the outcome of its review of the proposition and to share with the C&AG the Comments paper that it had presented to the States Assembly ahead of the debate of the proposition.

AH

5. Immigration Legislation Consolidation

The Panel noted that P.47/2021 had been lodged and agreed for a further briefing to be arranged on the legislation for the 24th May 2021, if possible.

The Panel noted that the proposition had been scheduled for debate on 29th June 2021 and raised concern that the debate may be premature and may need to be deferred  to  allow  the  Panel  the  necessary  time  to  scrutinise  the  legislation adequately. The Panel agreed it would decide how to proceed once it had received the further briefing on the legislation.

The Panel raised concern regarding the roles and responsibilities that would pass to the Minister for Home Affairs, should the legislation be adopted, and required further clarification in that regard. The Panel noted that a memorandum of understanding (MOU) existed between the UK and Ireland and agreed it required further clarity regarding  that  aspect.  The  Panel  agreed  to  get  further  clarity  regarding  the documentation that would be legally required by residents travelling between Jersey and the EU as a result of Brexit and the changes that the legislation would bring. The Panel agreed that it would discuss these areas at the briefing.

AH

6. R.67/2021 - States of Jersey Law 2005: Delegation of functions – Minister for Children and Education – Director General Children, Young People, Education and Skills

The Panel noted that a letter had been sent to the Chief Minister on 5th May 2021 reflecting the Panel's concerns on R.67/2021. It noted that a response had been received outlining the reason for the delegation and it was agreed that no further action was required at this time.

 

7. Quarterly Hearing with the Minister for Children and Education (Children's Remit)

 

 

The Panel noted that the Chief Minister would not be able to attend the hearing scheduled for 24th May and agreed for the hearing to be scheduled for the 14th June in order for the Chief Minister to attend.

The Panel requested that a letter be drafted and sent to the Chief Minister informing him of the rescheduling of the hearing and to request his attendance at the hearing on 14th June.

AH

8. Education Reform Programme

The Panel noted that, during its previous quarterly hearing with the Assistant Minister for Children and Education, an invitation had been extended to it to receive a briefing in relation to the progress of the Education Reform Programme (ERP). The Officer advised that this would be arranged in due course.

The Panel also agreed that it would approach the Jersey Head Teacher's Association in order to gather their views on the ERP at this stage of its development. The Officer advised that a meeting would be arranged in due course.

AH AH

9. Big Education Conversation and Early Years

The Panel recalled that focus groups had been commissioned in relation to the work of the Big Education Conversation (BEC) and the Early Years Policy Development Board (EYPDB) and that this information would be of use when identifying areas for further consideration. Senator Vallois explained that all of the findings of the EYPDB had been published online and would therefore be accessible on the gov.je website. The Officer advised that the information would be collated and provided to the Panel in a briefing note.

It was also agreed that the Panel would request from the Department for Children, Young People, Education and Skills any focus group reports relating to the BEC. The Officer advised that this would be circulated in due course.  

MM AH

10. AOB

The Panel noted that it had received an email regarding passports and identity cards. It was agreed that the Panel would follow this up during its next quarterly hearing with the Minister for Home Affairs.  

 

11. Future Meetings

The Panel noted that its next scheduled meeting was due to take place at 10:00am on Monday 24th May 2021, in the Le Capelain Room, States Building and by Microsoft Teams for Members wishing to attend virtually.

 

Date:  21st May 2021

 

Present

Deputy Robert Ward , Chair Senator Tracey Vallois Deputy Mike Higgins

Apologies

Deputy Louise Doublet , Vice-Chair

Absent

 

In attendance

Deputy Trevor Pointon, Assistant Minister for Children and Education Susan Devlin, Group Director, Integrated Services and Commissioning Daniela Raffio, Head of Commissioning and Service Redesign, Health and Social Services

Andy Harris , Principal Committee and Panel Officer Monique Magalhaes, Research and Project Officer

 

Agenda matter

Action

1. Briefing: Children's Mental Health Strategy

The Panel received the Assistant Minister for Children and Education and Officers for a briefing on the Children's Mental Health 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.

 

Date:  24th May 2021

 

Present

Deputy Robert Ward , Chair

Deputy Louise Doublet , Vice-Chair (items 1 and 3-9 only) Senator Tracey Vallois

Deputy Mike Higgins

Apologies

 

Absent

 

In attendance

Item 2

Steven Pallot, Senior Legal Advisor, Law Officers' Department Matthew Berry, Legal Advisor, Law Officers' Department

Mark Cockerham, Customs and Immigration

Richard Coenen, Customs and Immigration

Andy Harris , Principal Committee and Panel Officer Monique Magalhaes, Research and Project Officer

 

Agenda matter

Action

1. Record of meetings

The Panel agreed to move this agenda item to its next meeting.

 

2. Briefing: Immigration Legislation Consolidation

The Panel received Officers from the Law Officers' Department and the Department for Customs and Immigration for a further briefing on the Immigration Legislation Consolidation at 10.30am that morning. 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.

 

3. Covid-19 Response – Impact on Children and Young People The Panel agreed to move this agenda item to its next meeting.

 

4. Police Governance Law Review

The Panel agreed to move this agenda item to its next meeting.

 

5. Quarterly Hearing with the Minister for Children and Education (Children's Remit)

The Panel noted that a letter had been sent to the Chief Minister informing him of the rescheduling of the hearing and to request his attendance at the hearing on 14th June. The Panel noted that the Minister was unable to attend on the 14th June and discussed alternative dates for the hearing to be rescheduled to. The Panel agreed it would request the Chief Minister's attendance on alternative dates as it was the Panel's view that it would be important for the Chief Minister to attend the hearing.

AH

6. Briefing received on the Children's Mental Health Strategy

 

 

The Panel agreed to move this agenda item to its next meeting.

 

7. Education Reform Programme

The Panel agreed to move this agenda item to its next meeting.

 

8. Future Meetings

The Panel noted that its next scheduled meeting was due to take place at 10:00am on Tuesday 1st June 2021, in the Le Capelain Room, States Building and by Microsoft Teams for Members wishing to attend virtually.

 

Date:  26th May 2021

 

Present

Deputy Robert Ward , Chair Deputy Mike Higgins

Apologies

Deputy Louise Doublet , Vice-Chair Senator Tracey Vallois

Absent

 

In attendance

Seán O'Regan, Group Director Education

Jonathan Williams, Programme Director, Education Reform Programme

Andy Harris , Principal Committee and Panel Officer

 

Agenda matter

Action

1.  Briefing update – Education Reform Programme

The  Panel  received  Seán  O'Regan,  Group  Director  Education  and  Jonathan Williams, Programme Director, Education Reform Programme for a briefing to update on the progress of the Education Reform Programme (ERP) which had been agreed as part of the Government Plan 2021-24.

The Group Director gave an overview of the background to the ERP and explained that it was the former Minister's ambition for Jersey's education services to compare with the best in the world. It was noted that the ERP also supported the Council of Ministers' strategic priorities or putting children first, improving islander's wellbeing and mental and physical health and creating a sustainable, vibrant economy and skilled local workforce for the future.

It was noted that the ERP had been informed by a number of reviews including the findings of the Big Education Conversation (BEC), Independent School Funding Review (ISFR) and the 16+ provision review. The ERP had been costed at £42m over a three-year programme as per agreement in the Government Plan. It was also noted that further reviews currently being undertaken would also inform the plans going forward such as the Inclusion Review and Early Years Policy, with further funding requirements being brought forward if required as part of the Government Plan 2022-25.

The Programme Director explained that the ERP had been scoped into three major project clusters which focused on specific projects and were set out as follows:

Funding and Governance

  • A new funding formula for schools
  • Enhanced governance arrangements in relation to schools
  • Increased autonomy for headteachers and schools

 

 

  • An improved business support model to assist schools
  • A focus on enhanced collaboration between schools

Services – new and existing

  • The Inclusion Review
  • The Jersey Premium
  • Low prior attainment (to put in in place improvements for students that had previously shown a record of low attainment)
  • Support for students with English as an additional language
  • Special Educational Needs
  • Mental Health and Wellbeing
  • Parity between academic and vocational courses and approaches
  • Teacher Development

Development of transformational policy options it was noted that the first six recommendations had arisen from the findings of the ISFR, however, two further options had also been identified:

  • To review the current approach to academic selection in the Island
  • Concentrate any new funding on early years
  • Consider options for partnerships, mergers and leadership models
  • Review the current model for inclusion
  • Extend the years of participatory/mandatory education, skills and training
  • Review the relationship between the Government of Jersey
  • Workforce Development (including Teacher Terms and Conditions)
  • Develop a digital strategy for education

The Programme Director explained that the target outcomes for the programme has been  identified,  however,  the  methodology  for  how  these  outcomes  would  be evaluated had yet to be developed.

The Panel questioned how the funding for 2021 in respect of the ERP had been spent to date. It was noted that £6.1m had been committed so far out of a total budget of £7.9m, however, it was forecasted that all remaining budget would be spent in full by the end of the year. The Panel requested a breakdown of the funding to date and the Officers agreed that this would be shared with the Panel as soon as possible.

It was explained that an ERP programme board had been set up underneath the Children, Young People, Education and Skills (CYPES) Programme Board in order to manage the programme. Underneath the ERP Programme Board sat further boards with focus on the ISFR project recommendations, workforce and Policy Development. It was noted that a Political Oversight Group was yet to be established, however, this was intended to be brought forward to maintain political oversight of the work.

The Programme Director explained that it was expected for the work in relation to the projects to progressed at pace, with the work underpinning these to be completed and presented to States Members prior to the summer recess.

The Panel thanked the Officers for providing the briefing and they withdrew from the meeting.

AH

Date:  1st June 2021

 

Present

Deputy Robert Ward , Chair Senator Tracey Vallois

Apologies

Deputy Louise Doublet , Vice-Chair Deputy Mike Higgins

Absent

 

In attendance

Andy Harris , Principal Committee and Panel Officer

 

Agenda matter

Action

1. Covid-19 Response – Impact on Children and Young People

The Panel noted discussions had been held with the Department for Children, Young People, Education and Skills (CYPES) in relation to the manner in which it could directly capture the voice of the child in respect of the review. The Panel was updated that, following these discussions, it had been agreed to proceed with sending postcards to all children in Early Years and Key Stage 1 settings and an electronic survey to all those in Key Stage 2 and above. The Officer advised that this was being progressed in order for it to be sent out the following week.

The Officer advised that interviews between the Panel's advisers and Government Officials to inform the review were in the process of being organised and further details of the schedule would be provided once confirmed.

AH AH

2. Immigration Legislation Consolidation

The Panel recalled that it had received a second briefing on P.44/2021 Immigration acts consolidation and extension to Jersey by Order in Council (the OiC) at its previous meeting on 24th May 2021. It was agreed that, further to this briefing, the Panel was satisfied with the rationale for the OiC, however, it would seek to produce comments outlining the areas it had covered within both briefings.

The Officer advised that draft Comments would be prepared for discussion at the Panel meeting on Monday 21st June with a view to presenting them prior to the debate on 29th June 2021.

AH AH

3. Quarterly Hearing with the Minister for Children and Education (Children's Remit)

The Panel recalled that it had requested the Chief Minister to attend all quarterly hearings relating to the remit for Children and Education, due to his overall Ministerial responsibility in that area. It was noted that the Chief Minister was next available on 2nd July 2021. Given the time between hearings, the Panel agreed that it would proceed with arranging a public hearing in person with the Assistant Ministers for Children and Education on 14th June and arrange for the Chief Minister to attend on 2nd July as a means to follow up on the answers given during the previous hearing.

AH

 

4. P.42/2021 Youth Service Provision

 The  Panel  noted  that  Senator  Vallois  had  lodged  P.42/2021,  Youth  Service Provision, which was due to be debated on 8th June 2021. Senator Vallois advised that she was considering deferring the proposition until the following States sitting. The Panel agreed that it would consider whether to produce comments in respect of the proposition should it be deferred.

AH

5. Work Programme

The Panel noted that it was currently undertaking two specific reviews in respect of the Covid-19 Response: Impact on Children and Young People and producing comments in respect of the Immigration Consolidation Proposition.

It was noted that a number of pieces of legislation were due to come forward in the coming month, and the Officer advised that their progress and anticipated lodging dates would be confirmed so that the work programme could be updated accordingly.

The Panel agreed that, where possible, briefings and any papers on propositions should be provided to it at the earliest possible point.

AH

6. Ambulance and Fire and Rescue Services

The Chair explained that he had submitted a written question to the Minister for Home Affairs in respect of the Ambulance and Fire Services, specifically, how often Fire Crews were being required to respond to emergency call outs on behalf of the Ambulance Service.

The Panel agreed that it would request an overview of the reorganisation of the Fire and Ambulance Services to date, as per the Target Operating Model for Justice and Home Affairs, to include:

  • How the combination of services was operating to date
  • How the combination was achieving its objectives
  • Any evidence to illustrate how the combination was operating effectively

The Panel noted that the next quarterly hearing with the Minister for Home Affairs was due to take on 12th July 2021 and agreed that it would consider the response to the Chair's question when considering areas of questioning.

AH

7. Future Meetings

The Panel noted that its next scheduled meeting was due to take place at 10:00am on Monday 14th June in the Le Capelain Room, States Building and by Teams for those Members attending virtually. Noting that the Panel had agreed to arrange a Quarterly Public Hearing with the Assistant Ministers for Children and Education that morning, it was agreed that the Panel would amend the start time to 9:00am in order for the hearing to take place between 10:00am and 11:30am.

 

Date:  14th June 2021

 

Present

Deputy Robert Ward , Chair Deputy Louise Doublet , Vice-Chair Senator Tracey Vallois

Deputy Mike Higgins

Apologies

 

Absent

 

In attendance

Item 2

Deputy Scott Wickenden, Assistant Minister for Children and Education Deputy Trevor Pointon, Assistant Minister for Children and Education Sean O'Regan, Group Director, Education

Mark Owers, Director of Safeguarding and Care

Mark Rogers, Director General, Children, Young People, Education and Skills (CYPES)

Susan Devlin, Group Director, Integrated Services and Commissioning Jane Lancaster-Adlam, Head of Inclusion

Daniela Raffio, Head of Commissioning and Service Redesign

Darren Bowring, Head of Children's Health and Wellbeing

Michelle Moffat, Senior Policy Officer

Andy Harris , Principal Committee and Panel Officer

Monique Magalhaes, Research and Project Officer

Edward  Le  Gallais,  Communications  Officer,  Digital  and  Public Engagement (item 2 only)

 

Agenda matter

Action

1. Record of meetings

The Panel noted and approved the records of its meetings held on 28th April 2021, 17th, 24th and 26th May 2021 and 1st June 2021.

 

2. Quarterly Hearing with the Assistant Ministers for Children and Education (Children's Remit)

The Panel discussed the question plan for the hearing with the Assistant Ministers for Children and Education scheduled for 10:00am that day.

The Panel received Deputy Wickenden and Deputy Pointon, the Assistant Ministers for  Children  and  Education,  and  Officers  for  a  quarterly  public  hearing.  The proceedings were streamed live to the public and a recording was taken so that a transcript could be produced.

 

3. Covid-19 Response – Impact on Children and Young People The Panel agreed to move this agenda item to its next meeting.

 

 

4. Immigration Legislation Consolidation

The Officer explained that the draft Comments on P.44/2021 would be shared with the Panel by Friday that week for the Panel's consideration. It was noted that the minutes for the two briefings on the legislation would be used to inform the Panel's Comments. The Panel noted it would look to approve the Comments at its next meeting on Monday 21st June 2021 with the intention to present the Comments ahead of the debate on the proposition on 29th June 2021.

AH

5. R.101/2021 – Delegation of Functions – Minister for Children and Education

The Panel noted and discussed R.101/2021, States of Jersey Law 2005: Delegation of Functions Minister for Children and Education Appointment of Assistant Ministers, which had been presented on 8th June 2021.

The Panel noted that R.72/2021 regarding the delegation of functions had been presented on 5th May 2021 and questioned what differentiated R.101/2021 from R.72/2021. It was noted that the wording used had been amended in R.101/2021 to remove the caveat that had limited the Assistant Ministers' powers to the specific periods of absence of the Minister.

The Panel noted that R.101/2021 had not outlined any time period regarding the changes that had been made to the delegation of functions. It was the Panel's understanding that the Assistant Ministers would continue in their role and that the Chief Minister would remain in the role of Minister until such time a new Minister was appointed to the Children and Education ministerial role.

 

6. Propositions Lodged – P.57/2021 and P.59/2021

The Panel noted that the previous Panel had undertaken scrutiny of the primary legislation, P.118/2017 Criminal Procedure (Jersey) Law 201- to which P.57/2021, Criminal  Procedure  (Juries-Tirage)  (Jersey)  Regulations  202-  and  P.59/2021, Criminal Procedures (Consequential and Supplementary Amendments) (Jersey) Regulations 202- related. It noted that at that time the only area of concern was with regard to the introduction of reserve jurors.

The Panel agreed it would direct Members of the States Assembly to the Comments that had been previously presented on the primary legislation.

AH

7. Future Meetings

The Panel noted that its next scheduled meeting was due to take place at 10:00am on Monday 21st June 2021 in the Le Capelain Room, States Building and by Microsoft Teams for Members wishing to attend virtually.

 

Date:  16th June 2021

 

Present

Deputy Robert Ward , Chair Deputy Louise Doublet , Vice-Chair Deputy Mike Higgins

Apologies

Senator Tracey Vallois

Absent

 

In attendance

Dorothy Parker, 4Insight Beatrice Speck, 4Insight

Andy Harris , Principal Committee and Panel Officer Monique Magalhaes, Research and Project Officer

 

Agenda matter

Action

1. Covid-19 Review: Presentation on Focus Groups Held

The  Panel  received  Dorothy  Parker  and  Beatrice  Speck  from  4Insight  for  a presentation on the Focus Groups held regarding the Covid-19 Review on 16th June at 2:00pm.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.

 

Meeting held by video conference

Date:  21st June 2021

 

Present

Deputy Robert Ward , Chair Deputy Louise Doublet , Vice-Chair Senator Tracey Vallois

Deputy Mike Higgins

Apologies

 

Absent

 

In attendance

Andy Harris , Principal Committee and Panel Officer Monique Magalhaes, Research and Project Officer

 

Agenda matter

Action

1. Record of meetings

The Panel noted and approved the records of its meetings held on 21st May 2021 and 14th June 2021.

 

2. Meeting with the Assistant Minister for Children and Education

The Panel agreed to cancel the meeting with Deputy Wickenden the Assistant Minister for Children and Education at 2:00pm that day until such time that a new Minister was elected to the Ministerial role.

The Panel agreed to write to Dr Ivan Muscat, Deputy Medical Officer of Health, for an update regarding the current Covid- 19 position in schools.

The Panel agreed to request information regarding the scientific evidence being used to inform the mitigation measures in schools with regard to the new Delta variant of Covid-19. In addition to gain an understanding of the risk assessments that have been undertaken by schools. The Panel agreed that it required information on the transmissibility of the Delta variant in respect of children. Moreover, the Panel agreed to request information regarding the contact tracing policy and isolation requirements for school children as well as for university students. The Panel agreed to request information regarding the vaccination programme with regard to vaccinations being administered partly in Jersey and outside of the Common Travel Area and the impact of that on the vaccination certificates being issued. The Panel also agreed to request clarity regarding transition days in schools and the potential risk they might pose under the current circumstances. The Panel noted that it should obtain further clarity on the testing regime being undertaken in schools presently.

AH

3. Covid-19 Response – Impact on Children and Young People

The Panel noted and discussed the presentation that it had received from 4Insight regarding the focus groups for the review and noted its satisfaction with the outcome.

The Panel noted that it had received several powerful quotations from children and young people through the Focus Groups.

 

 

The Panel discussed the postcards and requested that the changes that were previously requested regarding the graphics should be confirmed as completed.

The Panel noted that the postcards would be sent out simultaneously with the Survey in order to align with the consultation that was being undertaken by Children, Young People, Education and Skills' (CYPES).

The Panel noted that meetings were being arranged for the Advisers of the review to speak with relevant stakeholders and Officers.

AH

4. Immigration Legislation – P.44/2021

The Panel noted that it would review and approve the Comments on P.44/2021 ahead of the Comments being presented on Friday 25th June for debate on the 29th June 2021.

AH

5. Briefing on the Siting of the Fire and Ambulance Station

The Panel noted the in person briefing that was scheduled for Wednesday that week and agreed it would share any notable question areas ahead of the briefing to assist the Officers in their preparation if required.

 

6. Big Education Conversation and Early Years

The Panel recalled that it had requested the preparation of briefing notes on the information available regarding the work of the Big Education Conversation (BEC) and Ealy Years Policy Development Board (EYPDB).

The Panel agreed it would consider the briefing notes alongside the upcoming funding allocations for the next Government plan and agreed to discuss it further at its next Panel meeting. The Panel noted that the Early Years aspect would overlap with Health and Community Services as well as Social Services.

The Panel agreed that the Officer should meet with Senator Vallois to discuss the available information in the context of the Government Plan in preparation for the Panel's next meeting given her former role as Minister for Education.

AH

7. Quarterly Public Hearing with the Minister for Children and Education (Chief Minister)

Noting the intention for a new Minister to be appointed to the Ministerial role for Children and Education, the Panel agreed to cancel the quarterly public hearing with the Chief Minister scheduled for 2nd July 2021.

 

8. Covid-19 Certification of Students

The Panel discussed the current arrangements for students returning from the UK. The Panel noted that students might have had their first vaccination in the UK but would be in Jersey to receive their second and questioned how that would impact the vaccination certifications for students.

The Panel noted that the Chair had submitted a question regarding the matter for a response at the next States Sitting on 29th June 2021.

 

9. Criminal Procedure Law Regulations

The Panel noted that it would consider the outcomes of the review of the primary regulations that had been undertaken by the previous Panel and would discuss the regulations further at its next meeting.

 

 

10. Future Meetings

The Panel noted that its next scheduled meeting was due to take place at 10:00am on Monday 5th July 2021 in the Le Capelain Room, States Building and by Microsoft Teams for Members wishing to attend virtually.

 

Date:  23rd June 2021

 

Present

Deputy Robert Ward , Chair Senator Tracey Vallois

Deputy Louise Doublet , Vice-Chair

Apologies

Deputy Mike Higgins

Absent

 

In attendance

Julian Blazeby, Director General, Justice and Home Affairs

Kate Briden, Group Director for Public Protection and Law Enforcement, Justice and Home Affairs

Paul Brown, Chief Fire Officer

Peter Gavey, Chief Ambulance Officer

Beth Flambard, Private Secretary to the Minister for Home Affairs

Andy Harris , Principal Committee and Panel Officer Monique Magalhaes, Research and Project Officer

 

Agenda matter

Action

1.  Briefing: Siting of the Fire and Ambulance Station

The Panel received Officers for a briefing on the siting of the Fire and Ambulance Station at 12.30pm that day. The briefing was held in person in the Le Capelain Room of the States Building. 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.

 

Meeting held by video conference

Date:  5th July 2021

 

Present

Deputy Robert Ward , Chair

Deputy Louise Doublet , Vice-Chair (items 1-3 only) Senator Tracey Vallois

Apologies

Deputy Mike Higgins

Absent

 

In attendance

Carly Glover, Chief Executive Officer, Jersey Cares

Andy Harris , Principal Committee and Panel Officer Monique Magalhaes, Research and Project Officer

 

Agenda matter

Action

1. Meeting: Jersey Cares

The Panel received Carly Glover, Chief Executive Officer, Jersey Cares, for an update on the ongoing work of the charity at 11am that day. 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.

 

2. Covid-19 Response – Impact on Children and Young People

The Panel noted that it had been challenging to obtain the views from children and discussed aspects that it had learned as a result of the review in respect of ways in which to interact with children and young people for evidence gathering purposes. The Panel agreed that the information that it had learned as a result of the review could inform a toolkit for how a Panel should interact with children and young people as part of a scrutiny review process. The Panel discussed areas which the toolkit could  include,  for  example,  physical  engagement,  social  media  as  well  as  a communications plan. The Panel suggested that the communications plan could be worked on jointly with the Digital and Public Engagement Team.

The Panel questioned whether all States Members were Disclosure and Barring Service (DBS) checked and whether that should be a requirement, particularly, as States Members endeavour to obtain the views from children and young people to inform their work.

The Panel noted that a meeting was held with the Advisors of the review to discuss the meetings that the Advisers had held with Officers and Ministers to date regarding the review.

The Panel noted that the hearing timeline for the review hearings would be updated and agreed that the responses received from the survey and postcards would be used to inform the questions for the hearings.

 

 

The Panel discussed ways in which the postcards to children could be distributed to reach more children. The Panel suggested considering the use of parish halls, the library as well as Jersey Post.

The Panel agreed an extension of the review timeline, noting that it would need to extend beyond the summer period. The Panel agreed it could approach the School Councils in September for comment, however, that the postcards should go out to schools prior to the commencement of the summer holidays. It was noted that the teachers would not have be involved with the postcards.

It was noted that the printing of the postcards would require five to seven days which was longer than was anticipated.

The Panel discussed areas for consideration including pupils' school attendance data, the long-term effects of Covid-19 on children and the arrangements for the return of children to school after the summer holidays in September.

The Panel suggested that hearings should be held with the Chief Minister, the Minister for Children and Education, the Minister for Health and Social Services and the Minister for Economic Development, Sport and Culture.

 

3. Immigration Legislation – P.44/2021

The Panel noted that its Comments on the legislation were presented on Friday 25th June 2021 ahead of the States sitting on 29th June 2021.

The Panel agreed to email the Law Officers' Department to thank them for the Children's Rights Impact Assessment (CRIA) on the proposition that had been prepared and shared prior to the debate as requested.

AH

4. Briefing on the Siting of the Fire and Ambulance Station

The Panel noted the briefing it had received on the siting of the Fire and Ambulance Station on 23rd June 2021 and agreed that there were no further actions at that time.

 

5. Big Education Conversation and Early Years

The Panel noted that Senator Vallois had met with the Officer to discuss the work undertaken  regarding  the  Big  Education  Conversation  and  Early  Years  Policy Development Board in the context of the upcoming Government Plan.

 

6. Criminal Procedure Law Regulations

The Panel noted and discussed the draft Regulations and agreed it would request a briefing to gain a further understanding of any contentious aspects of the Law and to understand the timeline and urgency of the legislation.

Dependant on the outcome of the briefing, the Panel agreed it would decide whether to request the debate of the proposition to be delayed and whether it would produce Comments on the legislation.

AH

7. Election regarding the Minister for Children and Education and the Minister for Home Affairs

The Panel noted that it had written to the newly elected Minister for Children and Education and the Minister for Home Affairs to understand their work priorities regarding their remits as this would inform the Panel's work programme going forward.

 

 

8 Quarterly Public Hearing with the Minister for Home Affairs

The Panel agreed to reschedule the Quarterly Public Hearing with the Minister for Home Affairs for 16th July 2021.

The Panel noted that the draft question plan for the hearing would be circulated for comment via Microsoft Teams.

MM

9. Quarterly Public Hearing with the Minister for Children and Education

The Panel noted the Quarterly Public Hearing with the Minister for Children and Education scheduled for 26th July 2021 at 10:30 am and discussed question areas for the hearing.

 

10. Future Meetings

The Panel noted that its next scheduled meeting was due to take place at 10:00am on Monday 12th July, however, requested that the meeting be rescheduled for 16th July. The Panel noted that the meeting would be held virtually via Microsoft Teams.

AH

Children, Education and Home Affairs Scrutiny Panel

Record of Meeting

Date:  12th July 2021

 

Present

Deputy Robert Ward , Chair Deputy Mike Higgins

Apologies

Deputy Louise Doublet , Vice-Chair Senator Tracey Vallois

Absent

 

In attendance

Patrick Hamon, Legal Advisor, Law Officers' Department

Nathan Fox, Head of Policy, Criminal Justice

Beth Flambard, Private Secretary to the Minister for Home Affairs

Andy Harris , Principal Committee and Panel Officer Monique Magalhaes, Research and Project Officer

 

Agenda matter

Action

Briefing: Draft Criminal Procedure (Jersey) Law 2018 (Appointed Day) (No.4) Act 202 -

The Panel received Officers for a briefing on the Draft Criminal Procedure (Jersey) Law 2018 (Appointed Day) (No.4) Act 202 - P.68/2021 at 13.00pm that day. An overview of the Appointed Day Act was provided as outlined in the report of the proposition.

It was explained that the Appointed Day Act was one of four items that would be brought to the States Assembly on 20th July 2021, including the Consequential Amendments  regarding  the  Criminal  Procedures  Law  (Consequential  and Supplementary Amendments (Jersey) Regulations 202-), the Minister for Home Affairs'  Amendment  and  the  Regulations  regarding  Jury  functions  (Criminal Procedure (Juries – Tirage) (Jersey) Regulations 202-) .

Regarding the Amendment that was lodged by the Minster for Home Affairs it was explained  that  following  a  series  of  reviews  undertaken  by  the  Law  Officers' Department (LOD) to tidy up old references in the Criminal Procedure(Jersey) Law 2018 (that was passed by the States Assembly) through consequential amendments, a further necessary change was identified. It was decided that an amendment to the consequential amendments, in the form of the Minister for Home Affairs' amendment, would achieve the change that was required.

The Panel was informed that the amendment that the Minister for Home Affair's amendment would make changes to how quashed cases would function. It was explained that previously where DNA was not available for use as evidence in investigations and could now be obtained and used as evidence to prove historic cases, there would be potential opportunities for cases to be retried where further evidence had been obtainable.

It was explained that the Minister's amendment would ensure that in instances where cases would be retried, the person would need to be indicted within two months. However, the charge would not need to be completed within those two months. It

 

 

was emphasised that would ensure that for a case to be quashed and for the person to be indicted that evidence would need to be available to support the indictment process. It was explained that the change would ensure that the person being indicted would not have to wait for an extended period (beyond two months). The Panel was informed that comparatives had been made with other jurisdictions including the United Kingdom and that the norm was for the indictment to occur within two months and not for the charge to be completed in that time which would be unlikely to achieve. The Panel was informed that the way in which it was reflected within the current Law was likely an error to begin with and the amendment would rectify that error.

The Panel was informed that the Criminal Procedures Law would encompass the procedures  concerning  the  Magistrate's  Court.  It  was  noted  that  the  Criminal Procedures Law had been brought in sections to provide the aims of justice for the court process. It was noted that as all the rules had now been developed that the entire Criminal Procedures Law could be brought to the Assembly for approval.

The Panel was informed that the consequential amendments aimed to tidy up and make the required changes and clarifications to the Criminal Procedures Law.

Regarding the regulations in respect of juries, the Panel was informed that the rules for jury selection were a restatement of the current position that was agreed by the States Assembly in 2018. It was noted that little had changed from the 2018 Law that had been agreed by the States Assembly. It was noted that the change that would be brought by the passing of the Appointed Day Act was a procedural change to bring the Law into force under the control of the States Assembly. The Panel questioned what that meant. It was explained that the States Assembly would be able to bring a change to the regulations. It was noted that it would not require Order making powers through a Ministerial Order.

The Panel questioned how people were chosen for jury service or arrived on the list of potential eligible jurors. It was explained that registering to vote was not linked to the jury service process and that the individual was only required to be eligible to vote  to  be  chosen.  Although  it  was  not  specified  within  the  legislation  being considered, it was assumed that it was the residency status of an individual that linked the individual to the jury service and that the parishes had a role in expressing who would be eligible.

The Panel was informed that the Appointed Day Act aimed to bring together all the laws as some were not enforced, some had been enforced in sections and as a result of the crossover between the laws, the consequential amendments would help to align the laws.

Regarding the powers of the Magistrate, it was explained that they were included to follow the process of a criminal trial. It was highlighted that the process should be simple for a defendant to follow and therefore it was important to include the process within the legislation. It was noted that some small changes had been made to enable a case to move between the Magistrate and the Bailiff and to allow the Bailiff to make a ruling. In addition, rules of compulsion were included for serious offences (sexual assault and abuse) to provide interpretation. It was noted that the same aspect was included in the UK's legislation and it provided a means for people to provide evidence in circumstances where they would otherwise not as a result of fear (they would be compelled to provide evidence in that case).

It was noted that no new additions were being made to the 2018 Law that had already been approved by the States Assembly. The Panel was informed that the legislation

 

 

was only being tidied up, being placed under the control of the States Assembly and the detail regarding criminal procedures would now be accessible in one place.

The Panel questioned how many amendments there were. It was noted that all the amendments were outlined within the Report of the proposition for clarity and that the  consequential  and  supplementary  amendments  were  only  to  ensure  the legislation was joined up. It was noted that the Appointed Day Act would provide the legal force required.

The Panel questioned the timeline for bringing the legislation to the States Assembly. It was explained that the criminal procedures rules had required completion and that there was no specific timeline for that. However, the rules had reached completion in sections and that the final piece had now been completed. The Panel was informed that it could be delayed until September, however, that it would be beneficial to get the procedures in place as soon as possible.

The Panel requested a further briefing for later that week.

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

 

Children, Education and Home Affairs Scrutiny Panel

Record of Meeting

Date:  15th July 2021

 

Present

Deputy Robert Ward , Chair Deputy Mike Higgins Senator Tracey Vallois

Apologies

Deputy Louise Doublet , Vice-Chair

Absent

 

In attendance

Patrick Hamon, Legal Advisor, Law Officers' Department

Nathan Fox, Head of Policy, Criminal Justice

Beth Flambard, Private Secretary to the Minister for Home Affairs

Andy Harris , Principal Committee and Panel Officer Monique Magalhaes, Research and Project Officer

 

Agenda matter

Action

Briefing: Draft Criminal Procedure (Jersey) Law 2018 (Appointed Day) (No.4) Act 202 -

The Panel received Officers for a further briefing on the Draft Criminal Procedure (Jersey) Law 2018 (Appointed Day) (No.4) Act 202 – P.68/2021 at 13.00pm that day.

Regarding the proceedings of the Magistrate's Court in respect of the timings for notice of appeals it was explained that a seven-day period would replace the existing provision which would reduce it by one day from eight to seven days. The Panel questioned why the timing was being altered. It was explained that it was in respect of the defence and that the Magistrate's Court would know whether an appeal would take place. It was explained that if an extended period for notice of appeals was allowed, the Magistrate's Court could experience blocks of appeals being received and that would delay cases. It was noted that the intention was to defend the system and ensure a regular capacity to manage the system and prevent delays from occurring.

The Panel sought clarity on several articles in the legislation as follows.

Regarding Regulation 7(3), the Panel noted that the wording in Regulation 7(3) was as follows:

In Article 75(10) (verdicts) for "No judgment after the verdict shall be liable" there is substituted "After a verdict is delivered, that verdict is not liable".

The Panel questioned the intention of the change in wording from judgement to verdict. It was explained that the current wording within the 2018 Law which used the term judgement' was not clear and that replacing it with verdict would give absolute clarity over the intention that any verdict delivered by a Jury was not liable by reason of a failure to comply with the Law in respect of summoning or empanelling jurors or the incapacity of a person to serve as a juror. It was noted that the change in wording would not change the intent of the Article within the 2018 Law and would give similar effect, albeit with clearer language as to its intention.

 

 

Regarding  Regulation  10,  the  Panel  noted  that  the  amended  wording  for  the Regulation was as follows:

In Article 3(2)(a) (interpretation of Convention rights) of the Human Rights (Jersey) Law 200046 after "made by the Royal Court" there is inserted "or by the Criminal Procedure Rules Committee".

The Panel questioned the membership of the Criminal Procedures Rules Committee (CPRC) raising concern that any changes to the rules of court should involve the Royal Court itself. It was explained that the membership of the CPRC was set out in Part 13 (Articles 112 – 114) of the 2018 Law and that the proposed change was an improvement to the current position whereby the Rules of Court were made by the Superior Number of the Royal Court at the direction of the Bailiff as Chief Justice. It was further explained that as the Bailiff sat as Chair of the CPRC, any changes put forward to the Rules that were rejected by the Superior Number would be in direct contravention of the decision of the Bailiff , who would also oversee the Rules of Court. It was explained that was, therefore, an unlikely situation and, given the expanded  membership  of  the  CPRC,  that  would  cover  all  bases  in  terms  of discussions surrounding the Rules of Court.

Regarding Regulation 11, the Panel noted that the wording was as follows with the draft Regulations:

In Article 7(2) of the Inquests and Post-Mortem Examinations (Jersey) Law 1995 - (jury) – (a) for "is capable of serving" there is substituted "is eligible to serve";

The Panel questioned the reason for changing the terminology from capable of serving' to is eligible to serve'. It was explained that the term capable, and in turn capacity, was an outdated term in the context of current legislation (the Mental Health Capacity Law was cited as one example) and therefore it was deemed necessary to incorporate the term eligible in order to modernise the definition.

Regarding Regulation 15(1)(b), it was cited as follows within the draft Regulations:

In Article 76(2)(b) (exclusion of unfair evidence) "or proceedings pursuant to Article 19 of the Loi (1864) réglant la procédure criminelle" is deleted.

The Panel questioned what was meant by the term unfair evidence. It was explained that related primarily to the introduction of evidence by the prosecution that could affect the fairness of the trial in relation to the defendant. It was also noted that the reference within the 1864 Law related specifically to committal proceedings which were being removed by the 2018 Law in any event.

Regarding Regulation 17, the Panel questioned the substitution of by or with the approval of' in relation to that change in respect of the Proceeds of Crime (Jersey) Law 1999.

In Article 1(3) (interpretation) – (i) in sub-paragraph (c) for "at the instance of" there was substituted "by or with the approval of",

It was noted that within the primary law that related to the Attorney General who, at present, could instigate proceedings for an offence in relation to the forfeiture and confiscation of the proceeds of crime. It was questioned who else could be involved in the confiscation of funds with the approval of the Attorney General. An example of

 

 

the Jersey Financial Services Commission was given by Officers; however, it was noted that the Court could also direct for the confiscation of funds.

Regarding Regulation 18, the Panel questioned why the draft Regulation put forward the deletion of the term magistrate in the Protection of Children (Jersey) Law 1994 and whether that had been changed to another term. It was confirmed that the definition of the term magistrate was updated in the 2018 Law and that also required updating in that piece of legislation so that it was in line with the definition in the 2018 Law.

In respect of the Criminal Procedure (Juries -Tirage) (Jersey) regulations 202-, the Panel questioned how the list of potential jurors was comprised. It was noted that under the current system that not everyone would be eligible for jury duty. The Panel questioned how the individuals who were not eligible for jury service were kept separate from those that were not. It was explained that in accordance with the Criminal Procedures Law there was a list displayed within the Law of the people who would not be eligible for jury service as a result of their role. It was noted that the list would be updated by the Law and that it had previously included roles for railway workers and lighthouse keepers which required updating. It was explained that there had been concern regarding allowing people within certain roles to undertake jury service as there was a likelihood that the jury could be influenced because of people's roles. The Panel discussed the exemption list and questioned why lawyers had not been made exempt from jury service. It was noted that the States Assembly had been notified of the exemptions at the time that the 2018 Law had been passed by the States Assembly. It was noted that the Appointed Day Act would enable the replacement of the older exemptions and that the States Assembly had already debated who would be eligible for jury duty.

The Panel noted that the jury aspect of the 2018 Law was a contentious area at the time of the debate of the 2018 Law and noted that the Appointed Day Act had not described the detail regarding each article within the original 2018 Law. The Panel questioned whether that detail from the original legislation should be included with the proposition to ensure clarity for States Members. It was explained that the Appointed Day Act would bring into force the 2018 Law that had already been agreed by the States Assembly except for some small amendments which were required. It was  noted  that  demonstrating  the  changes  as  a  result  of  the  consequential amendments would result in a massive document being produced and that the link within the proposition provided access to that information. It was noted that the proposition was produced to be a lighter version as the legislation was not new.

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

 

Date:  16th July 2021

 

Present

Deputy Robert Ward , Chair Senator Tracey Vallois

Apologies

Deputy Louise Doublet , Vice-Chair

Absent

Deputy Mike Higgins

In attendance

Item 2

Deputy Guida, Minister for Home Affairs

Julian Blazeby, Director General, Justice and Home Affairs Luke Goddard, Acting Director, Immigration and Nationality Nathan Fox, Head of Justice Policy

Andy Harris , Principal Committee and Panel Officer (Items 1 and 3-9 only) 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 21st and 23rd June 2021.

 

2. Quarterly Public Hearing with the Minister for Home Affairs

The Panel discussed the question plan for its Quarterly Public Hearing that morning.

The Panel agreed to send the questions that it was unable to ask during the hearing due to time constraints to the Minister for Home Affairs for a written response.

MM

3. Covid-19 Response – Impact on Children and Young People

The Panel noted that the sending out of the Postcards had been delayed as a result of the Covid-19 position in schools during the final weeks of term. The Panel agreed it would send the postcards to children via schools when the term commenced in September.

The Panel noted that the survey had been sent out for completion by school children over the summer holidays.

The Panel noted that the advisers to the review had requested additional days to complete their work. The Panel noted that discussions with the Scrutiny Liaison Committee were underway to approve the budget change to accommodate the additional budget required.

 

4. Briefing Firearms Range for the States of Jersey Police

The Panel noted that the briefing on the Firearms Range for the States of Jersey Police had been cancelled due to a States Members health briefing regarding the

 

 

Covid-19 position that had been scheduled for that time. The Panel agreed to reschedule the briefing for a later date.

MM

5. Criminal Procedures Law Regulations: P.57/2021 and P.59/2021

The Panel noted that its Comments on the regulations was published on 16th July 2021 ahead of the States Assembly debate on 20 July 2021.

 

6. Quarterly Public Hearing with the Minister for Children and Education

The Panel noted its upcoming Quarterly Public Hearing with the Minister for Children and Education on 26th July 2021 and discussed the question areas for that hearing.

 

7. Work Programme

The Panel discussed its work programme as of July 2021. The Panel noted that the Covid-19 Response Impact on Children and Young People review had been extended.

The Panel noted it was anticipated that the Children's Law would be lodged in Quarter three, however, a potential delay was expected.

The Panel noted it would be considering the Building a Safer Society (BaSS) strategy in due course.

 

8 Current Covid-19 Conditions Regarding Schools

The Panel discussed the impact of the Covid-19 conditions on Schools over the final weeks of term and agreed it would include it as a question area for its upcoming hearing with the Minister for Children and Education on 26th July 2021.

 

9. Future Meetings

The Panel noted that its next scheduled meeting was due to take place at 10:00am on Monday 26th July 2021 virtually via Microsoft Teams.

 

Date:  26th July 2021

 

Present

Deputy Robert Ward , Chair Senator Tracey Vallois

Apologies

Deputy Louise Doublet , Vice-Chair

Absent

Deputy Mike Higgins

In attendance

Item 2

Deputy Scott Wickenden, Minster for Children and Education

Deputy Trevor Pointon, Assistant Minister for Children and Education Constable Richard Vibert , Assistant Minister for Children and Education Mark Rogers, Director General, Children, Young People, Education, Skills Jane Lancaster- Adlam, Head of Inclusion

Nicola Mulliner, Head of Early Years

Martin Keith, Private Secretary to the Minister for Children and Education

Monique Magalhaes, Research and Project Officer

 

Agenda matter

Action

1. Panel Pre-meet: Quarterly Public Hearing with the Minister for Children and Education

The Panel met to discuss the question plan for the hearing with the Minister for Children and Education scheduled for that morning at 10.30am. The Panel requested that any questions not asked during the hearing to be sent to the Minister for a written response.

MM

2. Quarterly Public Hearing with the Minister for Children and Education

The  Panel  received   Deputy   Scott  Wickenden,  the  Minister  for  Children  and Education, Deputy Trevor Pointon, Assistant Minister for Children and Education, Constable Richard Vibert , Assistant Minister for Children and Education and Officers for a quarterly public hearing. The proceedings were streamed live to the public and a recording was taken so that a written transcript could be produced.

 

Date:  29th July 2021

 

Present

Deputy Robert Ward , Chair Senator Tracey Vallois

Apologies

Deputy Louise Doublet , Vice-Chair

Absent

Deputy Mike Higgins

In attendance

Paul Brown, Chief Fire Officer

Kate Briden, Group Director for Public Protection and Law Enforcement

Monique Magalhaes, Research and Project Officer

 

Agenda matter

Action

1. Briefing: Fire Service Integrated Risk Management Plan

The Panel received Officers for a briefing on the Fire Service Integrated Risk Management Plan at 9.30am that day. 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.

 

Date:  2nd August 2021

 

Present

Deputy Robert Ward , Chair Senator Tracey Vallois

Apologies

Deputy Louise Doublet , Vice-Chair

Absent

Deputy Mike Higgins

In attendance

Alison Fossey, Superintendent, States of Jersey Police

Dave Sykes, Police Constable, States of Jersey Police

Kate Briden, Group Director for Public Protection and Law Enforcement Beth Flambard, Private Secretary to the Minster for Home Affairs

Monique Magalhaes, Research and Project Officer

 

Agenda matter

Action

1.  Briefing: Firearms Range for States of Jersey Police

The Panel received Officers for a briefing on the Firearms Range for the States of Jersey Police (SoJP) at 11am that day. 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.

 

Date:  19th August 2021

 

Present

Deputy Robert Ward , Chair Senator Tracey Vallois

Apologies

Deputy Louise Doublet , Vice-Chair

Absent

Deputy Mike Higgins

In attendance

Jonathan Williams, Programme Director, Education Reform Programme Andy Harris , Principal Committee and Panel Officer

 

Agenda matter

Action

1.  Briefing: Education Reform Programme

The Panel received Jonathan Williams, Programme Director, Education Reform Programme for a briefing update on the progress of the programme to date. 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.

 

Date:  23rd August 2021

 

Present

Deputy Robert Ward , Chair Senator Tracey Vallois

Apologies

Deputy Louise Doublet , Vice-Chair

Absent

Deputy Mike Higgins

In attendance

Mark Rogers, Director General, Children, Young People, Education and Skills (CYPES)

Seán O'Regan, Group Director Education

Keith Posner, Head of Office CYPES

Jack Norris, Policy Principal

Martin Keith, Private Secretary, Minister for Children and Education

Andy Harris , Principal Committee and Panel Officer

 

Agenda matter

Action

1.  Briefing: Return of School proposals

The  Panel  received  Mark  Rogers,  Director  General,  Children,  Young  People, Education and Skills (CYPES), Seán O'Regan, Group Director Education, Keith Posner, Head of Office CYPES, Jack Norris, Policy Principal and Martin Keith, Private Secretary, Minister for Children and Education for a briefing on the proposals and mitigations in respect of COVID-19 for the return of schools in September 2021. 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.

 

Date:  6th September 2021

 

Present

Deputy Robert Ward , Chair Senator Tracey Vallois

Apologies

Deputy Louise Doublet , Vice-Chair

Absent

Deputy Mike Higgins

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 16th June, 5th, 12th, 15th, 16th, 26th and 29th July, 2nd, 19th, and 23rd August 2021.

 

2. Covid-19 Response – Impact on Children and Young People

The Panel received an update on the progress of the review. It was noted that the Advisor's report had been finalised and shared with the Panel. The Panel noted the report was in depth and academically presented and agreed to review the report in more detail before discussing it further.

Regarding the postcards intended for nursery and primary school children, the Panel noted they would be distributed to children through the schools on Monday the following week in addition to the survey. It was noted that a period of two weeks would be allowed for the responses to be received for both the postcards as well as the survey.

The Panel noted that question areas would be drafted for the public review hearings and a list of potential stakeholders to hold public hearings with would be drafted.

AH

AH

3. Government Plan 2022-25

The Panel noted and discussed P.138/2021: Mid-year Review that had been recently published. The Panel was informed that a briefing document would be drafted to update the Panel on the projects relevant to the Panel's remit.

The Panel highlighted and discussed the Project: Budget Realignment regarding services including antenatal services, care leavers and intensive fostering. The Panel agreed that these areas should be noted for future question plans. In addition, the Panel noted that mention had been made for targets for overall savings regarding education, however, no explanation for how those savings would be made and their impact were provided.

The Panel agreed that an area of questioning to focus on should be in respect of class sizes.

AH

 

The Panel was informed that Officers had received a draft version of the Government Plan 2022-2025, however, was awaiting a final complete version. It was anticipated that a version would be available to share with the Panel before lodging.

It was noted that a Scoping Document and Terms of Reference was being drafted for the review. It was highlighted that the review would focus on a set of specific requirements to allow the Panel to consider the relevant projects in more depth.

 

4. Work Programme

The Panel noted and discussed its work programme as of September 2021. The Panel noted its current work programme as well as scheduled non-review work. The Panel agreed that the legislation shown in its work programme would lend itself to Comments rather than Scrutiny Reports as Comments were a better vehicle for Amendments. The Panel raised concern that the Council of Ministers prioritisation of projects may impact upon the Panel's work programme.

Regarding the scheduled non-review work, the Panel agreed for a briefing to be arranged on the following:

  • Civil Partnerships and Marriage Legislation
  • Student Finance Order
  • Regulation of Care Regulations

Considering that the Student Finance Order would be presented on the Order Paper for the next States Sitting during the week commencing 13th September 2021, the Panel agreed that a briefing should be held as soon as possible and prior to the States sitting.

Regarding, the Regulation of Care Regulations, the Panel noted that the Regulations were under the remit of the Environment, Housing and Infrastructure Scrutiny Panel (EHI). However, as the proposed changes were related to children's homes and children's  services,  in  the  main,  a  joint  briefing  with  the  EHI  Panel  had  been scheduled for 21st September 2021. It was noted, given the nature of the changes, that the Panel may consider a joint approach with EHI in respect of any scrutiny work required. The Officer agreed to forward the proposition to the Panel when available.

The Panel requested that an update meeting be arranged with Jersey Cares.

The Panel requested that a meeting be arranged with Emma Ogilvie from Resilience Development  Company  regarding  resilience  and  mental  health  within  schools, preferably for 27thSeptember 2021.

AH AH

AH AH

AH

5. Settled Status Scheme

The Panel noted and discussed concerns raised by a member of the public regarding the Settled Status Scheme and the individual's settled status not being recognised on the Customs and Immigrations system when travelling into Jersey. The Chair agreed to submit an oral question for the next States sitting in that regard.

 

 

9. Future Meetings

The Panel noted that its next scheduled meeting was due to take place at 10:00am on Monday 20th September 2021 in the Le Capelain Room of the States Building.

The Chair noted his apologies for the upcoming meeting on the 20th September. The Chair requested that the invite for the upcoming Corporate Parenting Board meeting be shared with Deputy Doublet .

AH

Children, Education and Home Affairs Scrutiny Panel

Record of Meeting

Meeting held by video conference

Date:  10th September 2021

 

Present

Deputy Robert Ward , Chair Senator Tracey Vallois

Apologies

Deputy Louise Doublet , Vice-Chair

Absent

Deputy Mike Higgins

In attendance

Mark Rogers, Director General, Children, Young People Education and Skills (CYPES)

Andy Harris , Principal Committee and Panel Officer Monique Magalhaes, Research and Project Officer

 

Agenda matter

Action

1. Briefing: Student Finance Order

The Panel received the Director General for CYPES for a briefing on the Student Finance Order in relation to the Ministerial Decision made on 6th August 2021 regarding Education (Grants and Allowances) (Academic Year 2021-2022) (Jersey)

 

The  Director  General  explained  that  the  Order  was  in  respect  of  the assessment requirements for grant applications from dependent students residing in single, separated, divorced or widowed households. It was noted that the Order was required to ensure that applications for student finance for the 2021-2022 academic year would be assessed and determined in an unchanged manner.

The Director General explained that Law Officers from the Law Officers' Department (LOD) had been consulting on specific cases regarding student finance in respect of widowed, single, divorced and separated households and around the time of April or May 2021 the LOD had advised that the Education (Grants and Allowances) (Jersey) Order 2018 (hereafter the 2018 Order') was not being consistently observed by CYPES. It was noted that the 2018 Order instructed the incomes of both parents to be declared and assessed in respect of any student finance funding, however, in many cases this was not being observed appropriately. It was explained it was the view of the LOD that too much flexibility was being afforded during the application and assessment process for student finance funding and that should be rectified so that the 2018 Order was more strictly adhered to and so that discretion was only applied in exceptional circumstances.

The Panel highlighted, although the LOD had provided their advice, that ultimately the course of action and decision would be a political one.

The Director General explained that discretion had been allowed in cases as it was sometimes challenging to obtain the information in respect of the incomes of both parents. Especially in instances where one parent was no longer living in Jersey. It

 

was noted that CYPES had generally been sensitive to households in such cases and had been only assessing the income of the single parent when the detail of the other parent's income was not forthcoming. The Director General explained that the LOD wanted CYPES to use that exception less frequently and to follow a consistent approach in respect of the 2018 Order.

The Panel raised concern that in many cases it would be challenging to observe the incomes of both parents, especially, in instances where one parent's income was not benefiting the household. It was the Panel's view that the household income should be considered instead of both parents' incomes, as that would be a more appropriate and fair approach. The Panel raised concern regarding necessitating for the incomes of both parents to be declared and assessed as that would place many households and students in a challenging situation and would disadvantage some households. In addition, more resourcing would be required for enforcing and policing the 2018 Order where both parental incomes required declaring. Concern was raised that increased pressure would be placed on the Student Finance Department and it would require further capacity and resourcing.

The Director General agreed with the concerns and challenges raised by the Panel. He explained that was partly the reason for bringing this Order to the States so that student finance funding would be allowed to continue unchanged for students during the current year. He explained that the Order would ensure that any student whose applications had commenced or where students had enrolled in University for the current year would not be impacted. It was noted that applications going forward would be reviewed.

The Panel asked whether the Order would ensure that students who were already in the system would not be impacted for the entirety of their university course. It was explained that would not necessarily be the case as the Order only ensured no change for the current year.

The Panel raised concern that students in the middle of their three-year course could be impacted and perhaps would not be able to complete their studies as a result.

The Panel questioned what data was available to demonstrate how many students would be impacted by the change. It was explained that presently it was difficult to envisage the impact as the data was not available. However, it was noted that about 330 households might be impacted.

The Panel suggested it would be more sensible to gather the evidence first regarding how many households would be impacted by the potential change before making any further changes.

The Director General emphasised that was the reason for advancing in stages. He explained that the Order would ensure that the students would not experience any impact or change for the 2021 2022 year. It was noted that work would be undertaken  to  address  the  concerns  going  forward.  It  was  explained  that  no conclusion had been reached beyond the current year, however, the intention was to ensure that the 2018 Order would be observed appropriately going forward. It was highlighted, regarding how that would be achieved, would need to be addressed in the coming weeks.

The Panel asked in instances were a parent was providing maintenance whether the maintenance would need to be declared and assessed or whether the entire income

 

 

of that parent would need to be declared and assessed. It was noted that the 2018 Order required the entire income of both parents to be declared and assessed.

The Panel raised concern that the same demographic of people who would likely be applying for income support would be impacted by this change and highlighted that if an appropriate solution was not identified, the education cycle for those people would be at risk. The Panel highlighted that identifying the long-term implications was important.

The Panel explained that a suitable approach to address the issue should be considered  and  suggested  the  income  support  system  should  be  taken  into consideration to determine how it could be utilised in the case of student grants. In addition, the Panel suggested that any scheme should include a grandfather clause so that the old rule would apply to the existing cases as to not impact students already in the system.

The Panel raised concern, although discretion would be allowed going forward, that the income support system had demonstrated discretion was seldom applied. The Panel emphasised that care would need to be taken regarding the use of discretion.

The Director General noted that no intention existed to reclaim any overpayments that had previously been made to households.

The Panel discussed amending the 2018 Order so that household income would be used in place of parental income. It was the view of the Panel that would be a more appropriate approach.

The Panel asked for clarity where the word housing' would be substituted for the word education' (as shown in Part 4 of the Order). It was explained that substitution had been made due to the portfolio change in respect of the Minister for Children and Housing to the Minister for Children and Education.

It was highlighted that the Order would ensure that nothing would change for students until 2022. It was explained that in the interim a conclusion would be reached on how to progress going forward. It was explained that work regarding that would be undertaken within the next few weeks.

The Director General noted that households had not been consulted regarding any potential changes as that process may not be necessary and unnecessary alarm should be avoided.

The Panel questioned what reaction had been received from the Student Finance Group. It was explained that the Student Finance Group wanted any issues to be addressed as soon as possible.

The Director General anticipated that the Minister for Children and Education would look to amend the 2018 Order so that household income would be considered in place of parental income and to possibly review how the income support system could be used to support the approach going forward.

The Director General suggested a further briefing be scheduled for 28th September to update the Panel on any progress.

The Panel clarified that the Order would be for the current year which would ensure that nothing would change until 2022 for students. Moreover, any change in 2022

 

 

would be outlined within the coming weeks and the Panel would be briefed on that suggested approach.

The Panel thanked the Director General for his time, and the briefing ended.

 

Children, Education and Home Affairs Scrutiny Panel

Record of Meeting

Meeting held by video conference

Date:  20th September 2021

 

Present

Deputy Louise Doublet , Vice-Chair Senator Tracey Vallois

Apologies

Deputy Robert Ward , Chair

Absent

Deputy Mike Higgins

In attendance

Andy Harris , Principal Committee and Panel Officer Monique Magalhaes, Research and Project Officer

 

Agenda matter

Action

1. Records of Meetings

The Panel requested that this agenda item be moved to its next Panel meeting on 28th September 2021.

AH

2. Covid-19 Response – Impact on Children and Young People

The Panel noted that the deadline for responses to the survey and the postcards was Friday 24th September 2021.

The Panel requested a media release to be sent out to raise awareness of the postcards. The Panel agreed that the media release would go out early that week.

The Panel noted that the Advisors Report had been received and that a briefing paper highlighting the conclusions, key themes and recommendations had been shared with the Panel on Microsoft Teams.

The Panel agreed it would discuss and confirm the dates for the review hearings as well as the questions areas at its next meeting on 28th September 2021.

The Panel agreed to contact the Jersey Youth Parliament (JYP) to ask whether the JPY had any areas of questioning it wished the Panel to raise during the review hearings.

AH

AH

3. Government Plan 2022-25

The Panel noted and discussed the briefing paper compiled regarding the Mid-Year Review of the Government Plan. The Panel noted and discussed areas of concern or areas that required following up in respect of the Mid-Year Review.

The Panel discussed Early Years in respect of the Mid-Year Review and noted that although the Early Years Policy Development Board's (EYPDB) report had been shared with the Panel on a confidential basis in March, it had not yet been published. The Panel agreed to follow up regarding when the report would be published. It was the view of the Panel that the EYPDB report should be published prior to the publishing of the Government Plan 2022-25.

AH

 

The Panel agreed to consider the Quarterly Financial reports for 30th June, shared in confidence with the Panel, in context with the monies that had been forecast in the report  of  the  Mid  -Year  Review  to  consider  any  overspend  or  underspend demonstrated.

The Panel raised concern regarding the policing project in respect of resourcing for the States of Jersey Police Force and agreed it should meet with the police unions in order to understand any service impact as a result of efficiency savings.

The Panel discussed the Domestic Abuse Strategy and noted the previous briefing it had received regarding the Domestic Abuse legislation. The Panel noted a follow up briefing was being arranged.

The Panel discussed an area of concern that had been raised through the Corporate Services Scrutiny Panel regarding appeals in respect of tax decisions and considered whether it would fall within the scope of the review being undertaken by the Care of Children in Jersey Review Panel on redress and accountability. It was noted that in terms of the Government Plan, the area would fall under the remit of the Corporate Services Scrutiny Panel.

In respect of the Care Inquiry the Panel raised concern that the project had been delayed according to the Mid-Year Review. The Panel highlighted that the advocacy aspect should be prioritised.

The Panel discussed the Capital Projects as demonstrated in the Mid -Year Review. The Panel noted that the Le Rocquier School Facilities and Community Sports Facility  project  had  been  noted  as  delayed  and  agreed  a  timeline  should  be requested regarding the project so that consideration could be given to how the funds could be used elsewhere, if possible.

The Panel noted that a Drug and Alcohol Strategy was not demonstrated in the Mid- Year Review and considering the importance of the strategy the panel agreed to include this as a question area in the upcoming review hearing for the Government Plan 2022-25.

The  Panel  noted  potential  capacity  and  resourcing  issues  in  relation  to  policy development and discussed how the effectiveness of the Strategic Policy, Planning and Performance (SPPP) department could be identified through the review process. The Panel highlighted that resources may need to be sought for policy priorities to be met.

The Panel discussed the transfer of funds to accommodate the new hospital project and the impact that would have on the projects where funds would be reduced as a result. The Panel discussed comparing the budget allocation for 2021 with that of 2022 to identify any significant variances.

The Panel discussed whether any progress had been made regarding the Family Law workstream and discussed whether parental responsibility was covered in the Mid-Year Review.

The Panel noted that the Scoping Document and Terms of Reference would be finalised and shared with the Panel for approval once the project allocations were received. It was noted that the debate on the Government Plan 2022-25 was scheduled for December 2021 and that any amendments would require lodging in

AH AH

AH AH

AH

 

November. It was anticipated that the Government Plan 2022-25 would be lodged on Tuesday 21 September 2021.

 

4. Briefing: Student Finance Order

The Panel agreed to move this item to its next Panel meeting on 28th September 2021.

The Panel agreed to request clarification and legal advice from the Attorney General regarding the terminology in respect of relevant person' and relevant income' used in the Education (Grants and Allowances) (Jersey) Order 2018.

AH

5. Briefing: Regulations of Care Regulation

The Panel noted the upcoming joint briefing with the Environment, Housing and Infrastructure Scrutiny Panel that was Scheduled for Tuesday 21st September at 11:30am and agreed the Panel members who would attend the briefing.

 

6. Briefing: Civil Partnerships and Marriage Legislation

The Panel noted a briefing had been scheduled for Thursday 30th September 2021 at 10:00am.

The Panel discussed humanist ceremonies and the role of celebrants. The Panel requested for a briefing to be arranged with Humanists UK. The Panel requested, if possible, for the briefing to be held prior to the briefing on Civil Partnerships and Marriage Legislation so that any legislative improvements in respect of humanist ceremonies could be considered. The Panel noted that currently Jersey did not have sufficient registered celebrants to serve the community due to the approval process in place.

AH

7. Meeting: Jersey Cares

The Panel noted it was still awaiting feedback on this item and that a meeting would be scheduled in due course.

AH

8. Meeting: Emma Ogilvie from Resilience Development Company

The Panel noted it was still awaiting feedback on this item and that a meeting would be scheduled in due course.

AH

9. Future Meetings

The Panel noted its next scheduled meeting was due to take place at 11:30am on Tuesday 28th September 2021.

 

Date:  28th September 2021

 

Present

Deputy Robert Ward , Chair

Deputy Louise Doublet , Vice-Chair

Senator Tracey Vallois (items 1, 2 and 4 -13 only)

Apologies

 

Absent

Deputy Mike Higgins

In attendance

Richy Thompson, Director of Public Affairs and Policy, Humanists UK (item 2 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 6th, 10th and 20th September 2021.

 

2. Meeting – Humanists UK

The Panel received Mr Richy Thompson, Director of Public Affairs and Policy, Humanists UK at 11:30am for a  meeting to discuss the current legislation for celebrants and ceremonies in respect of humanist marriages in 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 35.

 

3. Covid-19 Response – Impact on Children and Young People

The Panel agreed a number of proposed hearing dates and the witness list. The Panel requested that some of the hearing dates be rescheduled if possible.

The Panel discussed who would chair the hearings and it was agreed that would be decided prior to the hearings taking place.

The Panel noted that two postcards had been received and 365 responses to the Panel's survey, to date.

AH

4. Government Plan 2022-25

The Panel noted and briefly discussed the briefing document in respect of the Mid- Year report and the projects relevant to the Panel's remit. The Panel noted the new projects allocated to the review. The Panel raised concern regarding the clarity of the progress status as defined within the Mid-Year Review report and noted that the progress for the projects was not clearly defined by the status demonstrated.

The Panel agreed it would consider the Government Plan 2022-25 report as well as the new allocated projects and requested a follow up Panel meeting be arranged for further discussion once this had taken place.

 

 

The Panel noted and discussed the Scoping Document and Terms of Reference for the review and noted the criteria which would enable the Panel to decide which projects it wished to review.

The Panel noted the deadline of 29th November 2021 for its report on the review of the Government Plan 2022-25.

AH

5. Briefing: Student Finance Order

The Panel noted the advice received from the Attorney General regarding the terminology  in  respect  of  relevant  person'  and  relevant  income'  used  in  the Education (Grants and Allowances) (Jersey) Order 2018 and agreed to discuss this at its next meeting. The Panel agreed to move this item to its next Panel meeting on 11th October 2021.

AH

6. Briefing: Regulations of Care Regulation

To Panel agreed to discuss the joint briefing with the Environment, Housing and Infrastructure Panel received on the proposed legislation and any further actions at its next Panel meeting on 11th October 2021.

AH

7. Briefing: Civil Partnerships and Marriage Legislation

The Panel noted the briefing scheduled for Thursday 30th September 2021 at 10:00am.

 

8. Meeting: Jersey Cares

The Panel agreed to defer this agenda item to its next meeting on 11th October 2021.

AH

9. Meeting: Emma Ogilvie from Resilience Development Company

The Panel agreed to move this agenda item to its next meeting on 11th October 2021.

AH

10. Substance Misuse Strategy

The Panel discussed the resignation of the Director General for Justice and Home Affairs and its relevance to the progress of a drug strategy. However, it agreed it would consider ways in which to undertake a review of the Building a Safer Society (BaSS) strategy in January 2022, if capacity allowed for it to be undertaken. The Panel agreed to move this agenda item to its next meeting on 11th October 2021.

AH

11. Bullying in Schools

The Panel agreed to move this agenda item to its next meeting on 11th October 2021.

AH

12. Work Programme

The Panel agreed to move this agenda item to its next meeting on 11th October 2021.

AH

13. Future Meetings

The Panel noted its next scheduled meeting was due to take place at 10:00am on Monday 11th October 2021 in the Le Capelain Room, States Building.

 

Date:  30th September 2021

 

Present

Deputy Robert Ward , Chair Deputy Louise Doublet , Vice-Chair

Apologies

Senator Tracey Vallois

Absent

Deputy Mike Higgins

In attendance

Ben  Sandeman,  Senior  Policy  Officer,  Community  and  Constitutional Affairs

Claire Follain, Superintendent Registrar, Community and Constitutional Affairs

Andy Harris , Principal Committee and Panel Officer Monique Magalhaes, Research and Project Officer

 

Agenda matter

Action

1.  Briefing: Civil Partnerships and Marriage Legislation

The  Panel  received  Officers  for  a  briefing  on  Civil  Partnership  and  Marriage Legislation at 10:00am that morning. 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.

 

Date:  11th October 2021

 

Present

Deputy Robert Ward , Chair Deputy Louise Doublet , Vice-Chair Senator Tracey Vallois [Item 2 – 10]

Apologies

Deputy Mike Higgins

Absent

 

In attendance

Andy Harris , Principal Committee and Panel Officer Monique Magalhaes, Research and Project Officer Edward Le Gallais, Communications Officer

 

Agenda matter

Action

1. Covid-19 Response: Impact on Children and Young People Review

The Panel noted that it was due to hold the following public hearings for the review:

  • Wednesday 20th October – Children's Commissioner
  • Wednesday 20th October – Senator Sam Mézec and Senator Tracey Vallois (as former Ministers during the pandemic)
  • Thursday 21st October – Minister for Children and Education

It was noted that question plans would be developed and circulated as a matter of priority for the Panel Members involved in the review to consider. It was noted that a hearing with the Chief Minister was due to be arranged during the week beginning 8th November due to availability. The Officer advised that a meeting request would be circulated in due course once confirmed.

The Panel noted that the survey for the review has closed with a total of 365 completed  responses.  Furthermore,  arrangements  were  being  made  with  the Department for Children, Young People, Education and Skills (CYPES) in order to collect completed postcards. Once these were collected, the information received would be compiled and provided to the Panel.

AH

AH

2. Government Plan 2022-25 Review

The Panel noted and discussed a draft question plan for the public hearing with the Minister for Home Affairs scheduled for Friday 15th October at 10am. The Panel agreed the question areas and additional questions and the Officer advised that an updated plan would be circulated for Panel discussion.

The Panel noted the projects allocated to it by the Government Plan Review Panel in respect of the Minister for Children and Education and agreed question areas for the hearing scheduled on Friday 22nd October focussing on the children's remit. The Panel noted that the hearing with the Minister in relation to the Education remit of his portfolio was due to take place on Monday 18th October, however, requested that this be rearranged for Monday 1st November due to Panel Member availability. The

AH/MM

AH

 

Officers advised that question plans would be circulated in due course for Panel discussion and an updated meeting request would be circulated.

The Panel requested that a breakdown of the CYPES heads of expenditure be requested from the department to assist it during the hearings.

AH

3. Briefing – Student Finance Order

The Panel agreed to consider this item further at its next scheduled meeting.

 

4. Briefing – Regulation of Care Regulations

The  Panel  recalled  its  previous  briefing  with  the  Environment,  Housing  and Infrastructure Panel on the draft Regulations surrounding the regulation of Children's Residential Homes and Care Services. It was noted that the Panel had requested a list of services that would come under the auspices of the proposals at the briefing, but that this was currently outstanding. The Officer advised that this would be followed up as a matter of priority.

The Panel agreed to defer any further discussion on the item until its next scheduled meeting.

AH

5. Briefing - Civil Partnership and Marriage Legislation

The Panel noted the briefing that had taken place on 30th September 2021 in respect of the draft legislation and also the meeting with Humanists UK that had taken place on  Monday  28th  September.  It  was  agreed  that  the  Panel  would  defer  further discussion on the subject until its next scheduled meeting.

 

6. Briefing – Post Custodial Supervision

The Panel noted that it was due to receive a briefing on Wednesday 13th October in relation to the draft proposals. It was agreed that the meeting would take place via Microsoft Teams.

 

7. Substance Misuse Strategy

The Panel agreed to defer discussion on the subject until its next scheduled meeting.

 

8. Bullying in Schools

The Panel noted representations from members of the public requesting that it undertook a review of how bullying was managed in Jersey schools. The Panel agreed that, in the first instance, it would raise the issue during a quarterly public hearing with the Minister for Children and Education, after which it would discuss whether to undertake a formal review. The Panel requested that this decision be communicated to the members of the public who had submitted their views to it.

AH

9. Work Programme

The Panel agreed to defer discussion on its work programme until its next scheduled meeting.

 

10. Future Meetings

The Panel noted that its next scheduled meeting was due to take place at 10am on Monday 18th October in the Le Capelain Room, States Building. It was requested that the meeting focus mainly on the Government Plan 2022-25 Review and a formal agenda was not required.

AH

Date:  13th October 2021

 

Present

Deputy Robert Ward , Chair Deputy Louise Doublet , Vice-Chair Senator Tracey Vallois

Apologies

 

Absent

Deputy Mike Higgins

In attendance

Deputy Gregory Guida, Minister for Home Affairs

Nathan Fox, Head of Policy, Criminal Justice and Economic Development

Andy Harris , Principal Committee and Panel Officer Monique Magalhaes, Research and Project Officer

 

Agenda matter

Action

1.  Briefing: Post Custodial Supervision Legislation

The Panel received the Minister for Home Affairs and Officers for a briefing on Post Custodial Supervision Legislation at 13:00pm that day. 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.

 

Date:  15th October 2021

 

Present

Deputy Robert Ward , Chair Senator Tracey Vallois

Apologies

Deputy Louise Doublet , Vice-Chair Deputy Mike Higgins

Absent

 

In attendance

Deputy Gregory Guida, Minister for Home Affairs

Deputy Lindsay Ash, Assistant Minister for Home Affairs

Kate Briden, Acting Director General, Justice and Home Affairs

Andy Harris , Principal Committee and Panel Officer

 

Agenda matter

Action

1. Public Hearing for Government Plan 2022-25 Review with the Minister for Home Affairs

The  Panel  received   Deputy  Gregory  Guida,  Minister  for  Home  Affairs,   Deputy Lindsay Ash, Assistant Minister for Home Affairs and Kate Briden, Acting Director General, Justice and Home Affairs for a public hearing in relation to its review of the Government Plan 2022-25. The proceedings were webcast live and recorded so that a transcript could be produced.

 

Date:  22nd October 2021

 

Present

Deputy Robert Ward , Chair Senator Tracey Vallois

Apologies

Deputy Louise Doublet , Vice-Chair Deputy Mike Higgins

Absent

 

In attendance

Deputy Scott Wickenden, Minister for Children and Education Connétable Richard Vibert , Assistant Minister for Children and Education Mark Owers, Director of Safeguarding and Care

Susan Devlin, Group Director, Integrated Services and Commissioning Anne Homer, Head of Finance Business Partnering

Kate Roberts, Senior Policy Officer

Michelle Moffat, Senior Policy Officer

Andy Harris , Principal Committee and Panel Officer Monique Magalhaes, Research and Project Officer Carla Jardim, Research and Project Officer

 

Agenda matter

Action

1. Public Hearing for Government Plan 2022-25 Review with the Minister for Children and Education

The Panel received Deputy Scott Wickenden, Minister for Children and Education, Connétable Richard Vibert , Assistant Minister for Children and Education, Mark Owers, Director of Safeguarding and Care, Susan Devlin, Group Director, Integrated Services and Commissioning, Anne Homer, Head of Finance Business Partnering, Kate Roberts, Senior Policy Officer and Michelle Moffat, Senior Policy Officer

in relation to its review of the Government Plan 2022-25. The proceedings were webcast live and recorded so that a transcript could be produced.

 

Date:  25th October 2021

 

Present

Deputy Robert Ward , Chair Senator Tracey Vallois

Apologies

Deputy Louise Doublet , Vice-Chair

Absent

Deputy Mike Higgins

In attendance

Deputy Gregory Guida, Minister for Home Affairs [item 1]

Deputy Lindsay Ash, Assistant Minister for Home Affairs [item 1]

Kate Briden, Acting Director General, Justice and Home Affairs [item 1] Robin Smith, Chief Officer, States of Jersey Police [item 1]

Philip Le Claire, Chair of the Board of Governors, Haute Vallee [item 2]

Philip Hawsley, Former Chair of the Board of Governors, Haute Vallee [item 2]

Andy Harris , Principal Committee and Panel Officer Monique Magalhaes, Research and Project Officer Carla Jardim, Research and Project Officer

 

Agenda matter

Action

1. Quarterly Public Hearing with the Minister for Home Affairs

The  Panel  received   Deputy  Gregory  Guida,  Minister  for  Home  Affairs,   Deputy Lindsay  Ash,  Assistant  Minister  for  Home  Affairs,  Kate  Briden,  Acting  Director General, Justice and Home Affairs and Robin Smith, Chief Officer, States of Jersey Police  for  a  quarterly  public  hearing.  The  proceedings  were  webcast  live  and recorded so that a transcript could be produced.

 

2. Public Hearing with the Chair of the Board of Governors, Haute Vallee in relation to the Government Plan 2022-25 Review

The Panel received Philip Le Claire, Chair of the Board of Governors, Haute Vallee and Philip Hawsley, Former Chair of the Board of Governors, Haute Vallee for a public  hearing  in  relation  to  its  review  of  the  Government  Plan  2022-25.  The proceedings were webcast live and recorded so that a transcript could be produced.

 

Date:  1st November 2021

 

Present

Deputy Robert Ward , Chair Senator Tracey Vallois

Apologies

Deputy Louise Doublet , Vice-Chair Deputy Mike Higgins

Absent

 

In attendance

Deputy Scott Wickenden, Minister for Children and Education

Connétable Richard Vibert , Assistant Minister for Children and Education Mark Rogers, Director General, Children, Young People, Education and Skills (CYPES)

Seán O'Regan, Group Director, Education

Anne Homer, Business Finance Partner, CYPES

Jonathan Williams, Programme Director, Education Reform Programme

Andy Harris , Principal Committee and Panel Officer Monique Magalhaes, Research and Project Officer Edward Le Gallais, Communications Officer

 

Agenda matter

Action

1.  Public Hearing for Government Plan 2022-25 Review with the Minister for Children and Education

The Panel received Deputy Scott Wickenden, Minister for Children and Education, Connétable Richard Vibert , Assistant Minister for Children and Education, Mark Rogers, Director General, Children, Young People, Education and Skills (CYPES), Seán O'Regan, Group Director, Education, Anne Homer, Business Finance Partner, CYPES and Jonathan Williams, Programme Director, Education Reform Programme for a public hearing in relation to the Panel's review of the Government Plan 2022-

25. The proceedings were webcast live and recorded so that a transcript could be produced.

 

Date:  8th November 2021

 

Present

Deputy Robert Ward , Chair

Deputy Louise Doublet , Vice-Chair [Item 2 only] Senator Tracey Vallois

Apologies

 

Absent

Deputy Mike Higgins

In attendance

Item 2 only

Deputy Scott Wickenden, Minister for Children and Education

Deputy Trevor Pointon, Assistant Minister for Children and Education Andrew  Heaven,  Head  of  Policy,  Strategic  Policy,  Planning  and Performance

Kate  Roberts,  Senior  Policy  Officer,  Strategic  Policy,  Planning  and Performance

Mark Rogers, Director General, Children, Young People, Education and Skills

Martin Keith, Private Secretary to the Minister for Children and Education

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 28th, 30th September 11th, 15th, 22nd, 25th October and 1st November 2021.

 

2. Briefing: Children and Young People's Law

The Panel received the Minister for Children and Education, the Assistant Minister for Children and Education and Officers at 10am for a briefing in relation to the proposed Children and Young People's (Jersey) Law 202-. 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.

 

3. Covid-19 Response: Impact on Children and Young People Review

The Panel agreed to discuss this agenda item at its next Panel meeting on 15th November 2021.

 

4. Government Plan 2022-25 Review

The Panel approved the Heads of Report for the review. The Panel noted the deadline for amendments was the 29th November 2021 and discussed potential amendments, particularly in respect of education and special needs.

The Panel noted a submission it had received from a nursery and agreed to arrange to meet with the representative Friday that week, if possible.

AH

 

5. Work Programme

The Panel noted and discussed its current work programme. The Panel agreed that the public hearings for the Covid-19 review would be rescheduled for January 2022.

The Panel noted its intention to review and produce Comments on the Children's and Young Peoples Law once lodged.

The Panel noted that the Council of Ministers was due to discuss the upcoming legislative  programme  imminently,  and  subsequently  the  programme  would  be shared with scrutiny. It was anticipated to be received later that week.

The Panel discussed the representation it had received from members of the public regarding bullying in schools and agreed it would hold a public hearing in that regard. The Panel also agreed to hold a public hearing to discuss the alcohol and drug misuse strategy. The Panel noted that as a result of its busy work programme, it was likely to include these two review areas within its legacy report.

The Panel discussed the timeline regarding the Scrutiny procedures that would be acceptable prior to purdah and the deadlines for any scrutiny reports as a result. It was noted that any substantial pieces of work would need to be completed before the end of March 2022.

AH

AH

6. Future Meetings

The Panel noted and agreed the schedule of Panel meetings and Quarterly Hearings for 2022.

The Panel noted that its next scheduled meeting was due to take place at 10am on Monday 15th November in the Le Capelain Room, States Building and agreed to move the meeting time to 9am instead.

 

Date:  9th November 2021

 

Present

Deputy Robert Ward , Chair Senator Tracey Vallois

Apologies

Deputy Louise Doublet , Vice-Chair

Absent

Deputy Mike Higgins

In attendance

Adrian Moss, Joint District and Branch Secretary, National Education Union Mike Oliver, President, National Education Union – Jersey Branch

Andy Harris , Principal Committee and Panel Officer

 

Agenda matter

Action

1.  Meeting with National Education Union in relation to the Government Plan 2022-25 Review

The Panel received Adrian Moss, Joint District and Branch Secretary, National Education Union  and  Mike  Oliver,  President,  National  Education  Union  (NEU), Jersey  Branch  for  a  meeting  to  discuss  the  Union's  views  in  relation  to  the Government Plan 2022-25, specifically the impact on education and the teaching profession. At the outset, Deputy Ward requested that it was recorded in the minutes that he was the former President of the National Education Union prior to his election to the States Assembly. 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.

 

Date:  15th November 2021

 

Present

Deputy Robert Ward , Chair

Deputy Louise Doublet , Vice-Chair Senator Tracey Vallois [items 2-4 only]

Apologies

 

Absent

Deputy Mike Higgins

In attendance

Andy Harris , Principal Committee and Panel Officer

Monique Magalhaes, Research and Project Officer

Edward  Le  Gallais,  Communications  Officer,  Digital  and  Public Engagement

 

Agenda matter

Action

1. Covid-19 Response: Impact on Children and Young People Review

The Panel received an update on the progress of the review. It was noted that as a result of having to reschedule the review hearings, it had been considered whether to send the questions for a response in writing instead. However, it was concluded that a hearing would provide a more beneficial outcome in respect of evidence gathering. The Panel discussed whether an additional member should be co-opted to the Panel to assist with the review.

 

2. Government Plan 2022-25 Review

The Panel received an update on the progress of the report. The Panel noted that the drafting of the report had commenced.

The Panel discussed potential amendments, noting the deadline for amendments was 30th November 2021. The Panel noted that funding had not been identified in respect of the implementation of the Inclusion Review and that no clarity had been received on the actions that would be taken forward regarding the Early Years Policy Development  Board  recommendations  or  how  those  actions  would  be  funded. Moreover, the Panel had still not had sight of the School Funding Formula which would impact the resourcing for schools and any further deficits that would need to be funded. The Panel also discussed the funding implications on the support for the Early Years offering. The Panel agreed to draft amendments regarding these areas.

The Panel agreed that it would need to obtain the information on the School Funding Formula and have sight of the Inclusion Review to perform objective scrutiny of the Government Plan. The Panel agreed to write to the Minister for Children and Education to request the information as outlined. The Panel agreed, if the information was not forthcoming, it would potentially make a Statement during the States Sitting the following week in respect of not receiving the information.

(The Communications Officer arrived at this point in the meeting)

AH AH

 

3. Work Programme

The Panel discussed its work programme and the legislative programme that had been discussed by the Council of Ministers the previous week. The Panel noted that briefings were being arranged in respect of the legislation.

The Panel agreed to request further information regarding the timeline for the legislation included within the legislative programme to understand when the Panel would have sight of the final drafts, when they would be lodged and debated.

AH

4. Future Meetings

The Panel noted that its next scheduled meeting was due to take place at 10am on Monday 29th November in the Le Capelain Room, States Building.

 

Date:  17th November 2021

 

Present

Deputy Robert Ward , Chair Senator Tracey Vallois

Apologies

Deputy Louise Doublet , Vice-Chair

Absent

Deputy Mike Higgins

In attendance

Deputy Scott Wickenden, Minister for Children and Education

Mark Rogers, Director General, Children, Young People, Education and Skills

Keith Posner, Head of Office, Education

Francesca Bihet, Research and Administration Officer

Andy Harris , Principal Committee and Panel Officer Monique Magalhaes, Research and Project Officer

 

Agenda matter

Action

1. Briefing: Higher Education

The Panel received the Minister for Children and Education and Officers at 1pm for a briefing in relation higher 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 35.

 

Date:  19th November 2021

 

Present

Deputy Robert Ward , Chair Deputy Louise Doublet , Vice-Chair Senator Tracey Vallois

Apologies

 

Absent

Deputy Mike Higgins

In attendance

Deputy Scott Wickenden, Minister for Children and Education

Deputy Richard Renouf , Minister for Health and Social Services

Sean O'Regan,

Elain Walker , Head of Communications

Becky Sherrington, Associate Chief Nurse, Health and Community Services Ivan Muskat, Health and Community Services

Sarah White, Marketing Manager

Mhairi Mackenzi, Research and Administration Officer

Emily Oldridge, Personal Assistant to the Minister for Health and Social Services

Andy Harris , Principal Committee and Panel Officer Monique Magalhaes, Research and Project Officer

 

Agenda matter

Action

1. Briefing: Vaccination Programme for Young People Aged 12-18 Years

The Panel received the Minister for Children and Education, the Minister for Health and  Social  Services  and  Officers  for  a  briefing  in  relation  to  the  vaccination programme for young people aged 12 - 18 years. 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.

 

Date:  29th November 2021

 

Present

Deputy Robert Ward , Chair

Deputy Louise Doublet , Vice-Chair Senator Tracey Vallois [items 2-4 only]

Apologies

 

Absent

Deputy Mike Higgins

In attendance

Andy Harris , Principal Committee and Panel Officer Monique Magalhaes, Research and Project Officer

 

Agenda matter

Action

1. Covid-19 Response: Impact on Children and Young People Review

The Panel received an update on the progress of the review. It was noted that 142 postcards as well as 365 survey responses had been received from children and young people in respect of the review.

The Panel agreed to the review hearings being scheduled for early January.

AH

2. Government Plan 2022-25 Review

The Panel noted and discussed its amendments to the Government Plan 2022-25 and where the funds could be allocated from. The Panel agreed to present six amendments and requested that its agreed changes be made prior to lodging by the 30th November 2021.

Considering that the funds allocated within one of the Panel's amendments would depend on the Inclusion Review Report, it was noted that the Council of Ministers was due to meet the following day and that the Inclusion Review Report would be shared with the Panel subsequently in confidence.

The Panel agreed to meet on Wednesday that week to discuss and approve its draft report for the review of the Government Plan 2022-25.

AH

AH AH

3. Work Programme

The Panel discussed its work programme and the agreed legislative programme.

The Panel agreed that the timeline for the Covid-19 Response Review would need to be extended into early 2022.

The Panel agreed it would hold public hearings in respect of bullying in schools and the alcohol and drug strategy. In the first instance, the Panel agreed to include an area of questioning on the alcohol and drug strategy at its upcoming public quarterly hearing with the Minister for Home Affairs in January 2022.

AH AH

 

4. Briefings

The Panel noted the briefings scheduled for that week including on Divorce Reform, the UNCRC Due Regard Law, the Police Complaints Law and the Prejudice Crime and Public Disorder Law.

The Panel requested that the UNCRC briefing scheduled for Wednesday that week be held on Teams.

The Panel requested that the briefing on the Domestic Abuse Law scheduled for the following week be rescheduled for 12:30pm that day.

The  Panel  discussed  the  potential  scrutiny  of  the  Prejudice  Crime  and  Public Disorder Law and whether violence against women and sexual assault could be covered under the scrutiny of that legislation.

 

AH AH

5. Future Meetings

The Panel noted that its next scheduled meeting was due to take place at 10am on Monday 6th December. Considering the recent rise in Covid-19 cases, it was agreed that, in the main, meetings would be held virtually via Microsoft Teams, unless requested otherwise.

The Chair and Vice Chair provided their apologies for the week beginning 19th February 2022. The Chair also provided his apologies for the week beginning 8th March 2022. The Vice Chair provided her apologies for the 20th December 2021.

 

AH AH

Meeting held by electronic mail

Date:  30th November 2021

 

Present

Deputy Robert Ward , Chair Deputy Louise Doublet , Vice-Chair Senator Tracey Vallois

Apologies

 

Absent

Deputy Mike Higgins

In attendance

Andy Harris , Principal Committee and Panel Officer Monique Magalhaes, Research and Project Officer

 

Agenda matter

Action

1. Government Plan 2022-25 Review

The Panel noted and approved its amendments in respect of P.90/2021 Proposed Government Plan 2022-2025. The Officer advised that the amendments would be submitted for lodging with the States Greffe immediately.

AH

Date:  1st December 2021

 

Present

Deputy Robert Ward , Chair

Deputy Louise Doublet , Vice-Chair [Item 2 only] Senator Tracey Vallois

Apologies

 

Absent

Deputy Mike Higgins

In attendance

Item 2 only

Deputy Gregory Guida, Minister for Home Affairs

Ruth Johnson , Head of Policy, Strategic Policy, Planning and Performance Ben  Sandeman,  Senior  Policy  Officer,  Strategic  Policy,  Planning  and Performance

Members of the Jersey Family Law Association

Beth Flambard, Private Secretary to the Minister for Home Affairs

Item 3 only

Andrew  Heaven,  Head  of  Policy,  Strategic  Policy,  Planning  and Performance

Michelle  Moffat,  Policy  Principal  -  Children's  Policy,  Strategic  Policy, Planning and Performance

Andy Harris , Principal Committee and Panel Officer Monique Magalhaes, Research and Project Officer

 

Agenda matter

Action

1. Government Plan 2022-25 Review

The Panel discussed and made changes to its draft Report and agreed for the body of the report to be sent for fact checking later that week.

AH

2. Meeting: Divorce Reform

The Panel met with the Minister for Home Affairs, Officers and legal practitioners from the Jersey Family Law Association at Vibert s Law Firm Office at 11am for a meeting in relation to proposals for divorce reform. 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.

 

3. Briefing: Draft Children (Convention Rights) (Jersey) Law 202-

The Panel received Officers at 2pm for a briefing on the Draft Children (Convention Rights) (Jersey) Law 202-. 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.

 

Date:  2nd December 2021

 

Present

Deputy Robert Ward , Chair Senator Tracey Vallois

Apologies

Deputy Louise Doublet , Vice-Chair

Absent

Deputy Mike Higgins

In attendance

Item 1 only

Nathan Fox, Head of Policy – Criminal Justice – Strategic Policy, Planning and Performance.

Beth Flambard, Private Secretary to the Minister for Home Affairs

Andy Harris , Principal Committee and Panel Officer Monique Magalhaes, Research and Project Officer

 

Agenda matter

Action

1. Briefing: Police (Complaints and Conduct) Law 202-

The Panel met with Officers at 11am for a meeting in relation to the draft Police (Complaints and Conduct) Law 202- (hereafter the draft Law') and associated regulations. 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.

 

2. Panel Debrief Meeting

The Panel debriefed following the briefing that morning and noted it had previously scoped a review regarding the draft Law. The Panel also noted it had received a private briefing on the legislation in 2020 and a private minute had been taken in that regard. The Panel agreed to request an overview of the current police complaints system. The Panel agreed it would decide on the scrutiny approach to follow once it had considered the above information.  

AH

Date:  3rd December 2021

 

Present

Deputy Robert Ward , Chair Deputy Louise Doublet , Vice-Chair Senator Tracey Vallois

Apologies

 

Absent

Deputy Mike Higgins

In attendance

Nathan Fox, Head of Policy – Criminal Justice – Strategic Policy, Planning and Performance.

Beth Flambard, Private Secretary to the Minister for Home Affairs

Andy Harris , Principal Committee and Panel Officer Monique Magalhaes, Research and Project Officer

 

Agenda matter

Action

1. Briefing: Crime (Prejudice and Public Disorder) (Jersey) Law

The Panel met with Officers at 12pm for a meeting in relation to the Crime (Prejudice and Public Disorder) (Jersey) Law. 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.

 

Date:  6th December 2021

 

Present

Deputy Robert Ward , Chair

Deputy Louise Doublet , Vice-Chair [items 2-3 only] Senator Tracey Vallois

Apologies

 

Absent

Deputy Mike Higgins

In attendance

Andy Harris , Principal Committee and Panel Officer Monique Magalhaes, Research and Project Officer

Edward Le Gallais, Communications Officer [items 3 -6 only]

 

Agenda matter

Action

1. Record of Meetings

The Panel noted and approved the records of the meetings held on 8th, 9th, 15th and 17th November 2021.

 

2. Covid-19 Response: Impact on Children and Young People Review

The Panel noted that a collation of the evidence received to date from the postcards and the survey responses would be provided to the Panel in due course.

 

3. Government Plan 2022-25 Review

The Panel noted that no fact checking comments had been received from the relevant Ministers regarding the body of its draft report.

The Panel discussed and agreed the findings and recommendations for its draft report and agreed the RAG statuses for the programmes reviewed. Noting that the Panel had previously agreed the body of its report and that no fact checking changes were required, the Panel agreed for the report to be finalised and published later that week.

The Chair agreed to provide his Chair's Foreword for the report later that day.

The Panel noted that the news release for the launch of the report would be shared with it for approval prior to the report being presented.

The Panel discussed and agreed which Members would be rapporteur for each of the amendments in respect of the Government Plan 2022 debate that was scheduled for 14th December 2021. The Panel noted that a message would be shared on Teams to confirm the above.

The Panel noted that speaking notes would be drafted regarding its amendments and shared with it later that week.

AH

RW EG

AH AH/MM

 

4. Draft Children and Young People (Jersey) Law 202-

The Panel noted that the draft Law had been lodged that morning for debate in the States Assembly on 18th January 2022, at the earliest.

The Panel noted that a scope for the review including the key areas to consider and a list of key targeted stakeholders would be available for it to consider at its next meeting on Monday 13th December 2021.

The Panel agreed that it would need to consider the wellbeing assessment process and the resourcing of that process. The Panel also agreed to consider the level of public consultation that had already been undertaken by the department and to request any available responses that could be shared with the Panel in that regard to help inform its review of the legislation.

AH

AH

5. Briefings

The Panel noted that it had been made aware of a potential delay in respect of the timeline for the lodging of the Children (Convention Rights) (Jersey) Law 202- and agreed to write to the Minister for Children and Education to understand the new proposed timeline for the lodging of the draft Law to determine the impact of any delay to the lodging timeline on its work programme.

The Panel noted the briefings received on the Police Complaints Law and the Prejudice Crime and Public Disorder Laws the previous week and noted it would discuss its scrutiny approach regarding the legislation in due course.

The Panel noted the briefing scheduled for the following day at 12:30pm on the Domestic Abuse Law.

MM

6. Future Meetings

The Panel noted that its next scheduled meeting was due to take place at 10am on Monday 13th December virtually via Microsoft Teams.

 

Date:  13th December 2021

 

Present

Deputy Robert Ward , Chair Deputy Louise Doublet , Vice-Chair Senator Tracey Vallois

Apologies

 

Absent

Deputy Mike Higgins

In attendance

Andy Harris , Principal Committee and Panel Officer Monique Magalhaes, Research and Project Officer Edward Le Gallais, Communications Officer

 

Agenda matter

Action

1. Covid-19 Response: Impact on Children and Young People Review

The Panel noted that a collation of the evidence received to date from the postcards and the survey responses would be provided to it in due course and that the dates for the review hearings would be shared with the Panel later that week.

AH

2. Change in Authorisation of Tasers by the States of Jersey Police Review

The Panel recalled that resultant of its review Change in Authorisation of Tasers' by the States of Jersey Police undertaken the previous year and its amendments to the proposition,  the  Minister  had  agreed  to  conduct  a  one-year  trial  on  the  Taser deployment model within the States of Jersey Police Force and report to the States Assembly on the impact of the changes after that trial period as well as present specific data in relation to the trial period. The Panel noted that although the trial period was only due to be concluded in March 2022, as a result of the Election being undertaken in 2022, the Minister had brought the trial period review forward and was proposing to lodge the draft proposition for debate in February 2022 as to avoid any impact on the functioning of the States of Jersey Police Force. The Minister had noted within a letter to the Panel that the new arrangements for the Taser Deployment would not be able to continue beyond the one-year trial without further receipt of approval by the States Assembly, therefore the Minister was seeking the above approach.

The Panel noted and discussed the documents received from the Minister for Home Affairs  on  7th  December  2021  regarding  the  proposed  arrangements  for  the continuation of the Taser Deployment within the States of Jersey Police Force. The Panel agreed that it would need to consider the information further at its next Panel meeting in January 2022, however, agreed in the interim for questions to be drafted regarding the review of the trial period and the results shared with it. The Panel agreed to question the Minister further regarding the matter during a public hearing in January to inform potentially any Comments or amendments it may wish to produce prior to the debate of the proposition.

MM

 

The Panel agreed to include this item on its agenda for its meeting on 10th January 2022.

MM/AH

3. Government Plan 2022-25 Review

The Panel noted the speaking notes shared with it regarding its amendments and discussed which Members would be rapporteur for the amendments should any Member require assistance on the day. The Panel requested that the Minister for Children and Education's Comments on its amendments be printed and the hard copies shared with those Panel Members who required them. The Panel noted that the  printing  facilities  within  the  States  Assembly  building  were  not  functioning adequately.

AH

4. Work Programme

The Panel discussed its work programme in relation to January 2022.

The Panel noted that the Draft Children and Young People (Jersey) Law had been lodged for debate in January 2022 and that a draft scope for a review of the legislation would be shared with the Panel later that week for discussion at its next meeting in January 2022.

The Panel agreed to request a deferral of the debate of the legislation to the States sitting in February 2022. It was agreed that a letter would be drafted and sent to the Minister for Children and Education to request the deferral of the debate.

The Panel noted other upcoming draft legislation including the Children (Convention Rights) (Jersey) Law 202-, the Domestic Abuse Law and the Crime (Prejudice and Public Disorder) Law which were due for debate between January and March 2022. The Panel noted that the draft legislation had been requested as well as the law drafting instructions for each so that the Panel would have sight of those prior to the lodging  of  the  legislation  which  would  assist  with  the  Panel's  scrutiny  of  the legislation.

AH

AH

5. Future Meetings

The Panel noted that its next scheduled meeting was due to take place at 10:00am on Monday 10th January 2022 via Microsoft Teams.

 

Meeting held by electronic mail

Date:  8th December 2021

 

Present

Deputy Robert Ward , Chair Deputy Louise Doublet , Vice-Chair Senator Tracey Vallois

Apologies

 

Absent

Deputy Mike Higgins

In attendance

Andy Harris , Principal Committee and Panel Officer Monique Magalhaes, Research and Project Officer

 

Agenda matter

Action

1. Government Plan 2022-25 Review

The Panel approved publication of its report S.R.16/2021 Government Plan 2022-25 Review. The Officer advised that the report and accompanying news release would be distributed to States Members and the media for formal presentation that day.

AH

Meeting held by video conference

Date:  16th December 2021

 

Present

Deputy Robert Ward , Chair Deputy Louise Doublet , Vice-Chair Senator Tracey Vallois

Apologies

 

Absent

Deputy Mike Higgins

In attendance

Kellie Boydens , Principal Committee and Panel Officer

 

Agenda matter

Action

1. Government Plan 2022-25 Review

The Panel discussed the following amendments it was due to propose during the Government Plan 2022-2025 debate:

  • Amendment 16 - Nursey Education Fund funding increase.
  • Amendment 17 - Targeted Nursey Education Fund funding for 2-3 year olds.
  • Amendment 20 - Degree course for private nursery practitioners.

The Panel agreed that during the debate on amendment 16, it would ask the Minister for Education to commit to a number of requests regarding the deliverability of the actions contained in the amendments. In that regard, should the Minister accept the Panel's requests, it would seek to withdraw amendment 16 and would not propose amendments 17 and 18.