Skip to main content

Approved Panel Minutes - Economic and International Affairs Scrutiny Panel - 2021

The official version of this document can be found via the PDF button.

The below content has been automatically generated from the original PDF and some formatting may have been lost, therefore it should not be relied upon to extract citations or propose amendments.

Economic Affairs Scrutiny Panel

Records of Meetings

Year: 2021

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

Chair – Deputy David Johnson

Economic and International Affairs Scrutiny Panel

Meeting held by video conference

Date:  7th January 2021

 

Present

Deputy David Johnson , Acting Chair Senator Kristina Moore

Deputy Inna Gardiner

Deputy Steve Luce

Deputy Kevin Pamplin

Apologies

 

Absent

 

In attendance

Kellie Boydens , Principal Committee and Panel Officer Janice Hales , Committee and Panel Officer

Ella Nicholls, Communications Officer

 

Agenda matter

Action

1.  P.172/2020  "Draft  Taxation  (Companies-  Economic  Substance) (Amendment No.2) Law 202-"

The  Panel  noted  that  P.172/2020  "Draft  Taxation  (Companies   Economic Substance) (Amendment No.2) Law 202- had been lodged by the Minister for External  Relations.  The  Panel  agreed  that  a  briefing  would  be  beneficial  and requested that a letter was sent to the Minister firstly to provide an update on the status of the current Panel which was due to disband and reform during the States Assembly sitting on 19th January. Secondly to suggest that, should the new Panel require more information on the proposition, a briefing would be requested following the formation of the new Panel on, or after 19th January.

KB/JH

2.  New Skate Park

The Panel noted its letter sent to the Minister for Economic Development dated 5th January regarding the location of the new skate park. It was understood that the skate park was due to be located at Les Quennevais but was now under review with a feasibility study of another site at South Hill. The Minister's response to the Panel's letter was expected by 12th January.

The Panel discussed correspondence it had received from members of the public regarding the possible relocation of the skate park and the confusion this had created. The Panel also noted P.1/2021:Skatepark at Les Quennevais Sports Centre had been lodged by Senator Pallet and was due to be debated by the States Assembly on 9th February. The Panel agreed to decide on the next steps following constitution of the new Panel.

 

3.  Briefing on Sports facilities

The Panel recalled at its recent Quarterly Public Hearing that it had been offered a briefing on sports facilities by the Assistant Minister for Economic Development, Tourism, Sport and Culture. The Panel agreed it would wait until a new Panel had been formed before taking this forward.

 

 

4. Covid-19 – Impact on Business

The Panel discussed the impact of Covid-19 on businesses throughout the Island. The Panel noted that some businesses had raised concerns publicly about the impact on  their  businesses  and  whether  extra  support  would  be  provided  from  the Government. It was also discussed that concerns had been raised that the Co- funded Payroll scheme only provided allowances to cover salary and did not take into account rents and other overheads. The Panel agreed to monitor the situation and continue to challenge Ministers. The Panel agreed that it was likely the new Panel would discuss this matter further in due course.

 

5. Fort Regent

The Panel received an update on the briefing paper being undertaken by the Research and Project Officer. It was noted that the paper was being drafted and would be circulated to the Panel before the end of January 2021. The Panel agreed that, should it undertake a review of Fort Regent, a member of the Public Accounts Committee (PAC) should be co-opted onto the Panel due to a crossover with the Estate Management Review currently being undertaken by the PAC.

 

6. Procedural matters

The Panel discussed the procedures for 19th January when the current Panel would disband and the new one constituted. It asked specifically if this could be done in the same sitting. The Panel was advised previous information received from the States Greffe indicated this was possible but confirmation would be circulated to the Panel by the end of the week.

KB

7. Future Meetings

The Panel agreed that normal scheduled meetings would resume once a new Panel was constituted.  

 

Meeting held electronically

Date:  19th January 2021

 

Present

Deputy David Johnson , Acting Chair Senator Kristina Moore

Deputy Inna Gardiner

Deputy Steve Luce

Deputy Kevin Pamplin

Apologies

 

Absent

 

In attendance

Kellie Boydens , Principal Committee and Panel Officer

 

Agenda matter

Action

1. Records of Meetings

The Panel approved the records of the meetings held on 4th, 7th and 11th December 2020 and 7th January 2021.

 

Date:  21st January 2021

 

Present

Deputy David Johnson , Chair Deputy Steve Luce

Senator Steve Pallett

Apologies

 

Absent

 

In attendance

Kellie Boydens , Principal Committee and Panel Officer Janice Hales , Committee and Panel Officer

Ben Walker , Research and Project Officer

 

Agenda matter

Action

1. Vice-Chair

Deputy Steve Luce was appointed Vice-Chair to the Panel.

 

2. Processes within External Relations

The Panel was advised that the Ministerial Response was due to be received on 22nd January 2021 following its delay from 18th November 2020.

 

3. Government Plan 2021 - 2024

The Panel was advised that the Ministerial Response was due to be received on 22nd January 2021 following its delay from 15th January 2021.

 

4. Covid-19 Response and Recovery Review

The Panel was advised that the Ministerial Response was due to be received on 22nd January 2021 following its delay from 14th January 2021.

 

5. Demerge of Channel Island Competition Regulatory Authority

The Panel noted that the review had started in 2020 by the previous Panel and had not been completed. The Panel discussed the review's remit and whether any further work was required. The Panel agreed that, in the first instance, a letter should be drafted to the Minister for Economic Development, Tourism, Sport and Culture requesting an update on the demerge and whether a Memoranda of Understanding had been agreed.

KB

6. Work programme 2021

The Panel discussed its work programme for 2021 and any future reviews it planned to undertake. The following areas of interest were discussed:

Fort Regent

The Panel was informed that a briefing paper was currently being drafted and would be circulated by the end of January 2021.

 

 

Sports Facility Strategy

The Panel discussed the Sports Facility Strategy. The Panel was informed that the strategy was due to be published by the end of February 2021 and potential dates for a briefing to the Panel were being discussed. The Panel was informed that the previous Panel had received a briefing on the original strategy in July 2020. The Panel requested the Officer to review what had been previously received on the Strategy and for the documents to be recirculated.

Medicinal Cannabis

The Panel noted that it was due to receive a briefing on Monday 25th January 2021 at 12.30pm. The Panel agreed that it would discuss this further at its next meeting on 29th January 2021.

BW

KB

7. Meeting Schedule 2021

The Panel agreed that its normal scheduled meetings would be held on Friday mornings. The Panel was informed that due to the changes in States sittings from two weeks to three, the Panel would hold full agenda meeting on week one followed by a rolling agenda meeting on week two.  

BW

8. Forthcoming Propositions

The Panel noted the debate date for  P.172/2020 "Draft Taxation (Companies- Economic Substance) (Amendment No.2) Law 202-" was scheduled for 9th February and asked that a briefing was arranged as soon as possible.

JH

9. Conflicts of Interest

The Panel raised no conflicts of interest. The Panel made reference to Senator Pallett's former post as Assistant Minister with responsibility for Sports and agreed that it would be mindful of this.

 

10. Future Meetings

The Panel agreed its next meeting would be Friday 29th January 2021 at 10am via Microsoft Teams.

 

Date:  25th January 2021

 

Present

Deputy David Johnson , Chair Deputy Steve Luce , Vice-Chair

Senator Steve Pallett

Apologies

 

Absent

 

In attendance

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

Deputy Richard Renouf , Minister for Health and Social Services

Dan Houseago, Group Director Economy, Office of the Chief Executive Paul McCabe, Chief Pharmacist, Health and Community Services

Scott  Meadows,  Assistant  Director  of  Rural  Economy,  Environment, Housing and Infrastructure

George Pearmain, Director of Financial Crime Strategy, Office of the Chief Executive

Tracy  Mourant,  Private  Secretary  to  the  Minister  for  Economic Development, Tourism, Sport and Culture

Kellie Boydens , Principal Committee and Panel Officer Janice Hales , Committee and Panel Officer

Anna Thorne , Committee and Panel Officer

Ben Walker , Research and Project Officer

Ella Nicholls, Communications Officer

 

Agenda matter

Action

1.  Briefing: Medicinal Cannabis

The Panel met the Minister for Economic Development, Tourism, Sport and Culture and the Minister for Health and Social Services along with Government Officials for a briefing on medicinal cannabis. The meeting was held in private in accordance with the  Freedom  of  Information  (Jersey)  Law  2011  (as  amended)  under  Qualified Exemption Article 35.

 

Date:  29th January 2021

 

Present

Deputy David Johnson , Chair Deputy Steve Luce

Senator Steve Pallett

Apologies

 

Absent

 

In attendance

Kellie Boydens , Principal Committee and Panel Officer Janice Hales , Committee and Panel Officer

Ella Nicholls, Communications Officer

 

Agenda matter

Action

1.  Records of Meetings

The Panel approved the record of the meeting held on 19th January 2021.

 

2.  Government Plan

The Panel acknowledged receipt of the Ministerial Response received on 22nd January 2021. The Panel noted 2 out of 4 of its recommendations were accepted, 1 was rejected and 1 was neither accepted nor rejected.

 

3.  Covid-19 Response and Recovery Review  

The Panel acknowledged receipt of the Ministerial Response received on 22nd January 2021. The Panel noted 6 out of its 8 recommendations were accepted with 2 rejected.

 

4.  Covid-19 Response: Support for businesses

The Panel discussed its Scoping Document and Terms of Reference for its review on the support packages offered to businesses as a result of the Covid-19 pandemic. The Panel agreed to undertake a nimble approach to the review which would enable it to report on its findings within a short timeframe. Following discussion, the Panel suggested minor changes to the Scoping Document and agreed that both documents would be recirculated for final approval.

In terms of stakeholder engagement, the Panel agreed that it would aim to reach as many businesses as possible,  particularly those who were not represented by organisations such as the Chamber of Commerce. The Officer advised that a directory  of  contacts  would  be  created  which would  include  all  sectors  of  the economy.

The Panel noted that, once the Scoping Document and Terms of Reference had been  approved  by  the  Scrutiny  Liaison  Committee,  the  Minister  for  Economic Development, Tourism, Sport and Culture would be advised of the review and it would be formally announced to the media.

KB

JH

JH

 

5. Medicinal Cannabis

Following the briefing on medicinal cannabis that took place on 25th January, the Panel agreed it had further questions it would like to be put to the Minister for Economic Development, Tourism, Sport and Culture. The Panel agreed that any questions Members of the Panel had should be sent to the Officer by 8th February.

KB

6. Fort Regent: Briefing Paper

The Panel acknowledged receipt of the briefing paper on Fort Regent. The Panel agreed it would discuss the paper further once it had received the Sports Facility Strategy briefing due on 12th February 2021. The Panel requested an update on the Fort Regent redevelopment program and asked if the report on this topic could be provided prior to the briefing.

KB

7. Any Other Business

The Panel noted Senator Pallet was a member of the recently formed Migration and Population Review Panel. It was agreed Senator Pallet would provide an update on the status of this review to the Panel at its next meeting on 5th February 2021.

SP

8. Future Meetings

The Panel noted that its next meeting would be held on Friday 5th February 2021 which would also include a briefing on the skate park consultation.

 

Date:  4th February 2021

 

Present

Deputy David Johnson , Chair Deputy Steve Luce

Senator Steve Pallett

Apologies

 

Absent

 

In attendance

Senator Ian Gorst , Minister for External Relations

Tom Le Feuvre, Director, Global Markets `and International Agreements Cora O'Brien, Deputy Comptroller of Revenue

Janice Hales , Committee and Panel Officer

 

Agenda matter

Action

1. P.172/2020  "Draft  Taxation  (Companies-  Economic  Substance) (Amendment No.2) Law 202-"

The Panel was presented with a briefing for P.172/2020 "Draft Taxation (Companies- Economic Substance) (Amendment No.2) Law 202-" which had been lodged by the Minister for External Relations and was due to be debated by the States Assembly on 9th February 2021.

The Panel was informed that the purpose of the amendment would be to allow the same Economic Substance Test, that was currently applied to Managed Funds, to be allowed to be applied to Self-Managed Funds. Self-Managed Funds were described as funds managing their own entity with no separate fund management activity. The Panel was also informed there was due to be an additional piece of legislation later in the year which would propose to allow the same Economic Substance Test to be applied to Partnerships.

The Economic Substance Test was described as adequate guidance which sat alongside the Law. The Panel asked if adequate could be defined. It was explained that depending on the funding activities taking place, the adequacy guide would be different. For example, banking and asset holdings would not necessarily have the same rules of guidance but would require adequate guidance rules relevant for each of the types of business.

The Panel was shown a number of slides which explained the timeline from 2016 to the present on the European Union (EU) Code Group substance work which listed the requirements Jersey had been required to meet to continue to be viewed as a co-operative jurisdiction within the EU. However, the Panel was made aware discussions had been taking place from as early as 2011 forming an engagement with the EU.

The  Panel  asked  of  the  consequences  if  Jersey  did  not  comply  with  the  EU challenges as set out in the EU Code Group substance work. It was informed that this  could  result  in  being  put  on  a  grey  or  black  list  which  would  likely  have

 

 

consequences for the investment market. Sanctions could also be introduced resulting in investors losing confidence in the market and looking to invest elsewhere. The importance of Jersey retaining its gold standard status' was of major importance and the Panel was informed that non-compliance was not an option.

The  Panel  was  informed  that  other  Crown  Dependencies  had  introduced  the legislation in late 2020. The Panel was further informed that whilst the legislation was a requirement from 1st January 2021, due to it being lodged before the end of 2020, if approved by the States Assembly, it would cover the relevant funds from the commencement date.

 

Date:  5th February 2021

 

Present

Deputy David Johnson , Chair

Deputy Steve Luce [apologies for item 4] Senator Steve Pallett

Apologies

 

Absent

 

In attendance

Item 4

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

Deputy Hugh Raymond, Assistant Minister for Economic Development, Tourism, Sport and Culture

Andy  Scate,  Acting  Director  General,  Infrastructure,  Housing  and Environment

Barclay Harvey, Head of Operations, Sport, Economic Development Oliver Brewster, Graduate Assistant Engineer, Infrastructure, Housing and Environment

Kellie Boydens , Principal Committee and Panel Officer Janice Hales , Committee and Panel Officer

 

Agenda matter

Action

1. Records of Meetings

The Panel approved the record of the meetings held on 21st, 25th and 29th January 2021.

 

2. Covid-19 Response: Support for businesses

The Panel received an update on the status of the review. It was informed that work was ongoing to complete a list of small business stakeholders to target. It was envisaged this would be completed by the middle of the next week with the emails sent by the end of that week. The Panel was also informed that the draft wording for the emails would be circulated for approval.

JH

3. Draft Taxation (Companies- Economic Substance) (Amendment No.2) Law 202-"

The Panel discussed its briefing held on 4th February 2021 and agreed no further action would be required at this stage.

 

4. Proposed New Skate Park

The Panel met the Minister for Economic Development, Tourism, Sport and Culture, the Assistant Minister and Government Officials for a briefing on the new skate park. The Panel was advised that a public consultation was launched on 15th January and

KB

 

ran until 26th January. The aim of the consultation was to gather feedback from the users and the public in order to maximise the benefit of the facility and meet demands and expectations.

The online survey had received 2,533 responses, 60% of which would prefer the skate park at South Hill Gardens. The other key statistics from the survey were presented to the Panel as follows:

  • 39% would prefer the skate park at Les Quennevais
  • 51% of parents/guardians would prefer the park at Les Quennevais
  • 67% of Les Quennevais neighbours would prefer the skate park at Les Quennevais
  • 84% of South Hill neighbours would prefer the skate park at South Hill

The Panel asked a number of questions about the preferred site of South Hill Gardens including the costings and whether the project would still deliver the satellite skate parks. The Minister assured the Panel that satellite facilities would still be provided should the South Hill site be approved during the debate on 9th February.

After the Minister, Assistant Minister and Government Officials withdrew from the meeting, the Panel discussed the matter including the next steps. The Panel agreed that it would draft a letter to the Minister asking for an urgent response to the issues referred to at the briefing. These were as follows:

  1. Breakdown of costs

A breakdown of the costs identified for the Les Quennevais site and the South Hill site. The breakdown should include costs for the primary skate park facility, the satellite facilities, professional fees and project management.

The information should also identify any matters which were not factored into the costings such as public facilities (toilets), parking/drop off zones, planning costs and safety mitigations.

  1. Planning and heritage matters

Whether the Minister had received any preliminary concerns regarding planning or heritage matters in relation to the South Hill site. The Panel noted that the Minister had advised during the briefing that the Department had received some independent advice on the La Collette safety zone. The Panel agreed that it would be helpful if this advice was published.

  1. Consultation exercise

A breakdown of how many of the "Les Quennevais neighbours" respondents were concerned about the site being located at Les Quennevais and how many of the "South Hill neighbours" were concerned about the site being located at South Hill.

 

5. Migration and Population Review

Senator Pallet, in his capacity as a member of the Migration and Population Review Panel, provided an update on this review. The Panel was informed that the Review Panel had received a number of submissions from stakeholders however, the call for

 

 

evidence was still ongoing. The Review Panel had held a number of public hearings which were due to continue into the following week.

 

6. Quarterly Public Hearing with the Minister for Economic Development on 26th February 2021

The  Panel  noted  its  quarterly  public  hearing  with  the  Minister  for  Economic Development, Tourism, Sport and Culture due to take place on 26th February 2021 via Microsoft Teams. The Panel discussed areas for questioning namely:-

  • Update on aircraft registry
  • Director of Civil Aviation replacement
  • Travel bubbles post covid-19
  • Update on Liquor Licensing Law
  • Regulation of Estate Agents
  • Jersey Competition and Regulatory Authority and Jersey Post acquiring additional freight businesses

The Panel agreed it would discuss further areas of questioning at its next meeting.

JH

7. Sanctions  and  Asset-Freezing  (Implementation  of  External  Sanctions) (Jersey) Order 2021sset Freezing

The Panel noted a number of documents it had received on 2nd February 2021 in connection with the Sanctions and Asset-Freezing Ministerial Order. It noted that the Order was due to be signed and come into force on Friday 12th February. The purpose of the Order was to implement UK and UN sanctions, and it would replace the Sanctions and Asset-Freezing (Implementation of EU Regulations) (Jersey) Order 2020, which implemented UN and EU sanctions. This meant that Jersey would continue to implement the same sanctions as the UK now that the UK-EU Withdrawal Agreement transition period had ended. The Panel recognised the need for the Order and agreed no further action would be required at this stage.  

 

 

The Panel noted a letter it had received from Shelagh Marett acting on behalf of the Jersey Estate Agents Association requesting a discussion with the Panel regarding Jersey Estate Agents being regulated as they were in the UK. The Chair informed the Panel of a review that had been undertaken in 2018 by a Review Panel regarding residential property transactions of which he had Chaired. The Panel was informed one of the recommendations made to the Chief Minister at the time was the regulation of Jersey Estate Agents. It was agreed that the matter would be discussed again in due course.

Medicinal Cannabis

 

 

The Panel recalled it had agreed to draft some further questions for the Minister for Economic Development, Tourism, Sport and Culture following its briefing on 5th February 2021.

 

9. Future Meetings

The Panel noted it was due to receive a briefing on the Sports Facilities Strategy on 12th February 2021 at 12.45 via Microsoft Teams. The Panel also noted its next meeting would be held on Friday 19th February 2021 at 10am via Microsoft Teams.

 

 

Present

Deputy David Johnson , Chair Deputy Steve Luce , Vice Chair Senator Steve Pallett

Apologies

 

Absent

 

In attendance

Deputy Hugh Raymond, Assistant Minister for Economic Development, Tourism, Sport and Culture

Andy  Scate,  Acting  Director  General,  Infrastructure,  Housing  and Environment

Catriona McAllister, Programme Director, Sports Facility Projects

Ellen Littlechild, Director, Infrastructure, Housing and Environment

Kellie Boydens , Principal Committee and Panel Officer Janice Hales , Committee and Panel Officer

 

Agenda matter

Action

1. Briefing on Sports Facility Strategy

The Panel met with the Assistant Minister for Economic Development, Tourism, Sport and  Culture,  the  Acting  Director  General  for  Infrastructure,  Housing  and Environment, the Programme Director for Sports Facility Projects and the Director for Infrastructure, Housing and Environment to receive a briefing on the Sports Facility Strategy. This meeting was held in private in accordance with the Freedom of Information (Jersey) Law 2011 (as amended) under Qualified Exemption Article 35.

 

 

Present

Deputy David Johnson , Chair Deputy Steve Luce , Vice Chair Senator Steve Pallett

Apologies

 

Absent

 

In attendance

Kellie Boydens , Principal Committee and Panel Officer Janice Hales , Committee and Panel Officer

Ben Walker , Research and Project Officer

 

Agenda matter

Action

1. Records of Meetings

The Panel noted and approved the records of meetings held on 4th and 5th February 2021.

 

2. COVID-19 Response: Support for businesses

The  Panel  noted  that  it  had  provided  a  deadline  of  19th  February  2021  for stakeholders  to  provide  submissions  as  part  of  the  Panel's  review  Covid-19 Response – Support for Businesses. The Panel agreed it would accept responses over the weekend of the 20th February 2021 and noted that Jersey Business and Chamber of Commerce were due to provide a submission by 24th February.

The Panel requested a reminder be sent to businesses that had not yet provided a submission to the Panel. The Panel also discussed what, if any, appeal process was available regarding the business disruption insurance and requested the office to provide further information.

The Panel recalled that it had agreed to produce either a comments paper or an open letter to the Minister with findings and recommendations, depending on the key themes in the feedback received through the submissions.

JH

3. Sports Facilities Strategy

The Panel recalled the briefing it had received on the 12th February 2021 and noted that the Government was planning to undertake a consultation in relation to the Sports Facilities Strategy. The Panel agreed, due to the ongoing consultation, no further action would be taken at this stage, however, it agreed to add the Sports Facilities Strategy as an area of questioning at its Quarterly Hearing with the Minister for Economic Development, Tourism, Sport and Culture on 26th February 2021.

 

 

 

JH

4. Public Hearing

The Panel noted it was due to receive the Minister for Economic Development, Tourism, Sport and Culture for a Quarterly Hearing on 26th February 2021 and discussed the question areas in its Question Plan.

 

5. Migration and Population Review

The Panel received an update from Senator Pallett on the Migration and Population Review  Report  and  was  informed  it  had  been  completed  and  findings  and recommendations were currently being considered. The Panel was also informed the Review Panel was due to meet to considering lodging amendments to the proposition.

 

6. Residential Property Review Ministerial Response

The Panel discussed correspondence it had received from the Jersey Estate Agents Association (JEAA) asking for discussion regarding the regulation of Estate Agents in Jersey. The Panel recalled the review on Residential Property Transactions undertaken by a Review Panel in 2018 and noted one of the recommendations requested the Chief Minister to introduce a means requiring all Jersey Estate Agents to be members of an approved professional body and adhere to a code of conduct. The Panel also discussed due to this topic coming under the remit of the Chief Minister, it would fall to the Corporate Services Scrutiny Panel (CSSP) to undertake a review, should one be required. The Panel requested an email be sent to the CSSP officer informing of the current status and enquire if CSSP had any plans to undertake a review on this topic. The Panel also requested a letter be drafted to the Chief Minister  asking  what  work,  if  any,  has  been  undertaken  to  date  to  meet  the recommendation.

 

7. Jersey Post Operations – Acquisition of an Additional Freight Business

The Panel noted a letter received from a member of the public regarding the Notice of Application for Approval of an Acquisition in Jersey' the Jersey Competition Regulatory Authority (JCRA'), for Jersey Post's purchase of Woodside Logistics. The Panel agreed that it would incorporate questions on the JCRA into its Question Plan, ahead of its Quarterly Hearing with the Minister for Economic Development, Tourism, Sport and Culture on 26th February 2021.

 

8. Island Identity Report

The Panel noted it was due to receive the Minister for International Development for a Quarterly Hearing on 9th April 2021 and that Deputy Inna Gardiner had expressed interest in being involved in scrutiny of the work on the Island Identity workstream. The Panel asked the officer to arrange a briefing on the Government's Island Identity work and request any relevant documentation for the Panel's consideration.

BW

 

9. Medicinal Cannabis

The Panel discussed sending a letter to the Minister for Economic Development, Tourism,  Sport  and  Culture  with  further  questions  on  the  Government's  work developing Jersey's Medicinal Cannabis industry, following the Panel's briefing on the subject on 12th February 2021.

 

10. Private Briefing on MoneyVal

The Panel discussed potential dates in early March 2021 to receive a private briefing from the Minister for External Relations on MoneyVal. The Panel agreed a Friday morning briefing during one of its regular Panel meetings would be suitable.

 

11. Future Meetings

The Panel noted its next scheduled meeting was due to take place at 10:00am on Friday 26th February via Teams and would include a hearing with the Minister for Economic Development, Tourism Sport and Culture.

 

Date:  26th February 2021

 

Present

Deputy David Johnson , Chair Deputy Steve Luce , Vice Chair Senator Steve Pallett

Apologies

 

Absent

 

In attendance

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

Deputy Hugh Raymond, Assistant Minister for Economic Development, Tourism, Sport and Culture [item 3 only]

Kirsten   Morel , Assistant  Minister  for  Economic  Development,  Tourism, Sport and Culture [item 3 only]

Andy  Scate,  Acting  Director  General,  Infrastructure,  Housing  and Environment [item 3 only]

Barclay Harvey, Head of Operations, Sports [item 3 only]

Kevin Lemasney, Head of High Value Residency Engagement [item 3 only] Colin Gibault, Director, Chief Minister's Department [item 3 only]

Richard Corrigan, Acting Director General, Economy [item 3 only]

Daniel Houseago, Group Director, Economy [item 3 only]

Oliver Brewster, Assistant Engineer [item 3 only]

Janice Hales , Committee and Panel Officer Ben Walker , Research and Project Officer

 

Agenda matter

Action

1. Panel Meeting to discuss question plan

The Panel met prior to its quarterly Public Hearing to discuss and finalise its question plan.

 

2. Proposed New Skatepark

The Panel discussed the PowerPoint slides it had received regarding the proposed new skatepark and if it was appropriate for the slides to be presented at the quarterly hearing. The Panel agreed due to its already extensive question plan and limited timeframe, it would seek a separate briefing on the slides.

JH

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

The Panel welcomed the Minister for Economic Development, Tourism, Sport and Culture to a quarterly public hearing. The hearing was recorded and webcast live via Microsoft Teams and a transcript was produced.

 

Date:  5th March 2021

 

Present

Deputy David Johnson , Chair Deputy Steve Luce , Vice Chair Senator Steve Pallett

Apologies

 

Absent

 

In attendance

Deputy Hugh Raymond, Assistant Minister for Economic Development, Tourism, Sport and Culture [item 5 only]

Barclay Harvey, Head of Operations, Sports [item 5 only]

Oliver Brewster, Assistant Engineer [item 5 only]

Janice Hales , Committee and Panel Officer Ben Walker , Research and Project Officer

 

Agenda matter

Action

1. Records of Meetings

The Panel approved the record of the meetings held on 26th February 2021.

 

2. Covid-19 Response: Support for businesses

To Panel reviewed the document collating the written responses it had received following its call for evidence and discussed the next steps for the review. The Panel agreed to highlight findings and recommendations based on the responses and once complete, requested an update be circulated for discussion at its next meeting.

JH

3. Medicinal Cannabis

The Panel discussed its draft letter to the Minister for Economic Development, Tourism, Sport and Culture enclosing additional questions regarding the production of medicinal cannabis. The Panel made minor revisions and requested it be sent to the Minister once amended. The Panel also asked if a list of potential companies seeking licences for the production of medicinal cannabis could be obtained.

BW

4. Quarterly Public Hearing

The Panel discussed the recent Quarterly Public Hearing with the Minister for Economic Development, Tourism, Sport and Culture. The Panel raised a number of areas it agreed to look at in more detail namely and requested an action list be drafted from the transcript and circulated for discussion at its next meeting.

BW

5. Proposed New Skatepark

The Panel received a briefing from the Assistant Minister for Economic Development, Tourism, Sport and Culture and officers on the proposed new skatepark. The Panel was taken through a number of slides which gave an update on the layout for the proposed skate park at Les Quennevais. The Panel was informed that whilst there

 

 

were minor amendments to the layout, this would not affect the planning application. The Panel was further informed that, unlike the full planning process submitted for the proposed site at Les Quennevais, the proposed site at South Hill would involve only an outline planning application however, this would follow the same process as a full planning application and would be open to public consultation.

The Panel was informed that consultation had begun with other sports clubs and users of Les Quennevais namely cycling, cricket and football clubs. It was envisaged the project would be a late summer/early winter build and the it was hoped the impact to these clubs would be minimal.

 

Date:  12th March 2021

 

Present

Deputy David Johnson , Chair Deputy Steve Luce , Vice Chair Senator Steve Pallett

Apologies

 

Absent

 

In attendance

Janice Hales , Committee and Panel Officer

 

Agenda matter

Action

1. Records of Meetings

There were no records of meetings to approve.

 

2. Covid-19 Response: Support for businesses

To Panel reviewed the revised document collating the written responses together with the draft findings and recommendations. The Panel made minor amendments and requested the document be formatted and presented as a Scrutiny Report. It was agreed the amended document be circulated for approval.

JH

3. Medicinal Cannabis

The  Panel  noted  its  upcoming  meeting  on  16th  March  2021  at  11.30am  with Cicada/Woodside  regarding  the  production  of  medicinal  cannabis.   The  Panel discussed possible areas of questioning and agreed it would focus on the licence application  process,  the  planning  process  and  the  link  between  Cicada  and Woodside.

 

4. Quarterly Public Hearing

The Panel noted the briefing document highlighting action points from its recent hearing with the Minister for Economic Development, Tourism, Sport and Culture (EDTSC). Senator Pallett informed the Panel he was in the process of drafting an oral question regarding Licencing Law and would circulate this to the Panel in due course. The Panel agreed it would await the outcome of the oral question being asked in the States Assembly before taking any further action.  

SP

5. Jersey Competition and Regulatory Authority (JCRA)

The Panel noted its upcoming meeting with the CEO and Chair of the JCRA on 29th March  2021  at  11am. The  Panel  recalled  the  review  undertaken  in October/November  2020  by  the  previous  EIA  Panel  regarding  the demerge  of CICRA. The Panel asked for an update of the status of the previous review and was informed a report had been partially drafted based on the evidence received at that time. The Panel requested this report be circulated together with any additional

 

 

information for discussion to ascertain if it would be appropriate to complete the report as an interim and move forward. The Panel also discussed the Oxera report which was part of the evidence obtained by Government of Jersey regarding the demerge of CICRA. The Panel asked if the recommendations from the Oxera report could be circulated. It was also noted the Minister for EDTSC had offered to brief the Panel on Competition Law and Mergers and Acquisitions. The Panel asked this be followed up and a briefing to take place prior to its meeting with the CEO and Chair of the JCRA, if possible.

JH

6. Proposed New Skatepark

The Panel noted the outline planning application for the proposed new skatepark at South Hill was due to be submitted by the deadline on Friday 19th March 2021. The Panel agreed no further action would be taken at this stage.

 

7. Locate Jersey

The Panel requested if a briefing could be arranged with Locate Jersey to receive an update on the current status and in particular, clearance around the rules allowing high net worth individuals (1(1)E) to purchase second properties on Jersey.

JH

8. Draft Retail Strategy

The Panel discussed the Draft Retail Strategy and requested a briefing be arranged. It was also agreed the Panel would have this as an ongoing topic on its future quarterly hearings with the Minister for EDTSC.

JH

9. Upcoming Propositions

The Panel noted the following Reports lodged by the Minister for External Relations and Financial Services:-

  1. R.31/2021 - Director of Civil Aviation: Annual Report 2020
  2. P.16/2021 - Draft Intellectual Property (Unregistered Rights) (Amendment – Disability and Rights in Performances) (Jersey) Regulations 202-

The Panel agreed it had a number of queries regarding R.31/2020 and it was suggested Senator Pallett circulate questions to the Panel for further discussion. It was agreed following Panel approval of the questions, a letter be drafted to the Minister asking for a response which would allow the Panel to have the information prior to its upcoming Public Hearing on 26th March 2021.

SP

10. Panel Work Programme

The Panel noted and approved its updated work programme. The Panel recalled it had not yet received a response from the Chief Minister to its letter dated 24th February 2021 asking for an update regarding the Regulation of Jersey Estate Agents. The Panel asked this be followed up. It was agreed that should the Panel undertake a review in this area, Senator Pallet would provide regular updates to the Corporate Services Scrutiny Panel (CSSP) as a member of that Panel. The Panel noted the query from CSSP asking if it had any plans to undertake a review into GST

JH

 

Personal Importation. The Panel confirmed it had no plans to undertake a review into this topic and it did not form part of its current work programme.

 

11. Future Meetings

The Panel noted its next meeting was on 19th March 2021 at 10am via Microsoft Teams.

 

 

Present

Deputy David Johnson , Chair Deputy Steve Luce , Vice Chair Senator Steve Pallett

Apologies

 

Absent

 

In attendance

Renata Legierska, Cicada/Woodside [item 2 only] Charles Gallichan, Cicada/Woodside [item 2 only]

Janice Hales , Committee and Panel Officer

 

Agenda matter

Action

1. Covid-19 Response: Support for Small Businesses

To Panel met to discuss its draft report on Covid-19: Support for Small Businesses. The Panel was informed that due to the absence of a Public Hearing with the Minister for Economic Development, Tourism, Sport and Culture to allow him the opportunity to  address  the  findings  and  recommendations  within  the  report,  it  had  been recommended the report be re-formatted into an open letter to inform the Minister of the  Panel's  findings,  following  its  response  from  stakeholders. It  was  also recommended that depending on the outcome of the Minister's response, the Panel could hold a Public Hearing and in time, could issue an interim or full report. The Panel agreed and asked the report be re-formatted and circulated for approval.

JH

2. Meeting with Cicada/Woodside

The Panel met with Cicada/Woodside to discuss their company's intention to produce and export medicinal cannabis as a business from Jersey. This meeting was held in private in accordance with the Freedom of Information (Jersey) Law 2011 (as amended) under Qualified Exemption Article 35.

 

 

Present

Deputy David Johnson , Chair Deputy Steve Luce , Vice Chair Senator Steve Pallett

Apologies

 

Absent

 

In attendance

Janice Hales , Committee and Panel Officer

 

Agenda matter

Action

1. Covid-19 Response: Support for Small Businesses

To Panel made minor revisions to its open letter to the Minister and requested once amended, it be circulated to the Minister for Economic Development Tourism Sport and Culture and uploaded to social media and States Assembly website.

JH

 

Present

Deputy David Johnson , Chair Deputy Steve Luce , Vice Chair Senator Steve Pallett

Apologies

 

Absent

 

In attendance

Janice Hales , Committee and Panel Officer

 

Agenda matter

Action

1. Records of Meetings

The Panel approved the records of the meeting held on 5th March 2021.

 

2. Covid-19 Response: Support for Small Businesses

To Panel noted its open letter to the Minister for Economic Development, Tourism, Sport and Culture had been sent and a response was due by 1st April 2021.

 

3. Medicinal Cannabis

The Panel discussed its recent meeting with Cicada Woodside. The Panel agreed there were areas where further clarification was required and agreed it would benefit from further meetings. The Panel discussed its letter sent to the Minister for Economic  Development,  Tourism,  Sport  and  Culture  and  noted  it  had  not  yet received a response. The Panel was informed the usual two week deadline for responses was due on 19th March 2021 and it was agreed this would be followed up early the subsequent week. The Panel also discussed it had been approached by the Chair of the Environment Housing and Infrastructure (EHI) Scrutiny Panel who had expressed a possible interest in undertaking a review into some of the areas around medicinal cannabis where it would impact on the environment. The Panel agreed it would write to the Chair of EHI stating it was waiting for a response from the Minister and once this had been received, would provide an update.

JH

4. Quarterly Public Hearing

The Panel discussed areas of questioning for its upcoming Public Hearing with the Minister for External Relations and Financial Services on 26th March at 10am. The Panel agreed headings and outline questions and asked that a draft question plan be circulated for further discussion.

JH

5. Ministerial Response

 

 

The Panel noted the Ministerial Response received from the Minister for External Relations and Financial Services in relation to its Report, SR4/2020 Processes within External Relations. Out of 7 recommendations, the Minister accepted 3, rejected 1 and neither accepted or rejected 3. The Panel agreed to include this as an area for discussion at its upcoming Public Hearing.

 

6. Upcoming Propositions and Reports

The Panel noted the upcoming Propositions and Reports namely:-

  • R.35/2021 - Data Protection Authority, Re-Appointment of Chairman Lodged by the Minister for Economic Affairs, Tourism, Sport and Culture
  • R.37-2021 - Public Lotteries Report for 2020 Lodged by the Minister for Economic Affairs, Tourism, Sport and Culture

It was agreed that an area for questioning on public lotteries should be noted at the next Quarterly Hearing with the Minister for Economic Development, Tourism, Sport and Culture and no further action would be needed at this time.

 

7. Regulation of Jersey Estate Agents

The Panel requested that an update of the status of the review be provided to the Jersey Estate Agents Association and enquired if they could provide details as to what they would be using as a blueprint to regulate Estate Agents in Jersey.

JH

8. Future Meetings

The Panel noted its next scheduled meeting was due to take place on 26th March 2021 and would include a Quarterly Public Hearing with the Minister for External Relations and Financial Services. The Panel also noted it had a meeting scheduled for 2nd April 2021 which was a Public holiday and requested this be rescheduled until after the Easter Holidays.

JH

 

Present

Deputy David Johnson , Chair Deputy Steve Luce , Vice Chair

Apologies

Senator Steve Pallett

Absent

 

In attendance

Tim Ringsdore, CEO JCRA Stephanie Liston, Chair JCRA

Janice Hales , Committee and Panel Officer Ben Walker , Research and Project Officer

 

Agenda matter

Action

1. Meeting with the Chair and Chief Executive Officer (CEO) of the Jersey Competition Regulatory Authority (JCRA) following the demerge of the Channel Islands Competition Regulatory Authority (CICRA)

The Panel met with the Chair and CEO of the JCRA to discuss the reformation of the company following the demerge of CICRA. This meeting was held in private in accordance with the Freedom of Information (Jersey) Law 2011 (as amended) under Qualified Exemption Article 35.

 

 

Present

Deputy David Johnson , Chair Deputy Steve Luce , Vice Chair Senator Steve Pallett

Apologies

 

Absent

 

In attendance

Janice Hales , Committee and Panel Officer Ben Walker , Research and Project Officer

 

Agenda matter

Action

1. Medicinal Cannabis – Response from Minister for Economic Development, Tourism, Sport and Culture

To Panel met to discuss the response to its questions from the Minister for Economic Development, Tourism, Sport and Culture and its potential review into the cultivation and export of medicinal cannabis on Jersey.

The Panel discussed areas it would like to focus on, should it decide to undertake a review and requested these be collated for further discussion at its meeting on 6th April 2021.

JH

 

Present

Deputy David Johnson , Chair Senator Steve Pallett

Deputy Inna Gardiner

Apologies

Deputy Steve Luce , Vice Chair

Absent

 

In attendance

Deputy Carolyn Labey , Minister for International Development

Francesca  Cleworth,  Private  Secretary  to  Minister  for  International Development

Janice Hales , Committee and Panel Officer

 

Agenda matter

Action

1. Briefing on Island Identity Strategy

The Panel received Deputy Carolyn Labey , Minister for International Development and  Francesca  Cleworth,  Private  Secretary  to  the  Minister  for  International Development for a briefing on the Island Identity Strategy.

The Panel was informed the strategy would be formally launched in the first week of May, having been delayed due to the Covid-19 pandemic.

The Panel was made aware of the concern around new arrivals to the Island having limited or no knowledge of basic information such as where the local foreign counsel was and rules for voting. The vision for the Island Identity Strategy was to change that with the focus for Jersey to be an inclusive society offering a sense of belonging.

The Panel was taken through a number of slides highlighting the key areas of focus within the strategy including:-

  • Conserving what makes Jersey look and feel unique and expresses its distinctive character and heritage
  • Nurturing a stronger sense of citizenship and engagement in public life
  • Expanding  the  international  narrative  about  Jersey  beyond  international finance
  • Developing Jersey's distinct international personality, separate from that of the  UK  but  with  strong  connections  to  Britain,  France,  other  European countries and the Commonwealth

The Panel was informed that Island Identity would become a requirement in future policy-making  and  the  Department  would  continue  to  engage  with  relevant

 

 

organisations and Government departments. It was proposed the full strategy would be presented to the States Assembly on 11th May 2021.

 

 

Present

Deputy David Johnson , Chair Deputy Steve Luce , Vice Chair Senator Steve Pallett

Apologies

 

Absent

 

In attendance

Janice Hales , Committee and Panel Officer Ben Walker , Research and Project Officer Ella Nicholls, Communications Officer

 

Agenda matter

Action

1. Records of Meetings

The Panel agreed it would allow extra time to review the records of meetings and would approve at its next scheduled meeting.

JH

2. Proposed new Skatepark

The Panel noted the planning applications for the proposed new skateparks at Les Quennevais and South Hill had not yet been uploaded to the Planning website. The Panel also noted it had been over 4 weeks since it had been informed that the planning applications had been submitted. It was requested the officer contact the Planning Department for further details on the delay.

BW

3. Regulations  for  the  Licence  Application,  Production  and  Export  of Medicinal Cannabis on Jersey

The Panel discussed the draft Terms of Reference and Scoping Document for this review and suggested minor amendments, requesting the documents be discussed further at its next scheduled meeting on 9th April 2021. It was agreed the Panel would aim for a final report to be presented in mid June however, the complexities of the review were discussed and due to the topic being new and relatively unknown, the Panel agreed there may be occasion that the review could exceed the terms of reference. The Panel agreed that should matters arise outside its terms of reference, it would present a case to the Scrutiny Liaison Committee (SLC), if necessary, asking these be extended/abbreviated accordingly. The Panel also recorded the possibility of having to present an interim report, should the review exceed the existing scope.

The  Panel  noted  the  possible  intention  of  the  Environment,  Housing  and Infrastructure Panel (EHI) to undertake a review into the environmental issues of this topic. The Panel was informed that discussions had taken place at an officer level and this would continue. The Panel asked that its recent letter from the Minister for Economic Development, Tourism, Sport and Culture be shared with the EHI officer

 

 

for onward circulation to the Panel. The Panel agreed it did not see any conflict with both Panels undertaking reviews in this area, providing each Panel followed its own terms of reference.

The Panel was presented with a list of potential advisers and it was agreed these be contacted asking for expressions of interest.

JH

4.  Regulation of Jersey Estate Agents

The Panel noted it had not yet received a response from the Chief Minister to its letter dated 24th February 2021 despite reminders from its officer. It was agreed the Chair of  the  Panel  would  contact  the  officer  within  the  Chief  Minister's  Department requesting the response as soon as possible.

DJ

5.  Jersey Competition Regulatory Authority (JCRA)

The Panel agreed to undertake a short review on the JCRA. It was agreed it would incorporate the previous Panel's incomplete review as background however, its focus would be on matters going forward. The Panel requested a revised Terms of Reference and Scoping Document be circulated for discussion.

JH/BW

6.  Question  Plan  for  the  Quarterly  Public  Hearing  with  the  Minister  for International Development

The Panel discussed the areas of questioning and finalised the question plan for the upcoming hearing with the Minister for International Development on 9th April 2021.

 

7.  Upcoming Briefings

The Panel received an update on the briefings it had previously requested which were outstanding and was informed that these were in the process of being finalised. Senator Pallett informed the Panel that in his role as a member of the Corporate Services  Scrutiny  Panel  (CSSP),  he  had  become  aware  of  a  letter  from  the Department of Treasury and Resources regarding fiscal stimulus bids. As the letter made reference to the fiscal stimulus bids for The Jersey Reds, the Panel asked the officer to enquire if this could be shared prior to its upcoming briefing on this topic.

JH

8.  Update from Communications Officer

The Panel received an update from the Communications Officer regarding circulation of social media posts following Public Hearings. It was agreed that the Panel would approve any posts prior to circulation.

 

9.  Future Meetings

The Panel noted its next scheduled meeting would take place on 9th April 2021 via Microsoft  Teams  and  would  include  a  Quarterly  Hearing  with  the  Minister  for International Development.

 

 

Present

Deputy David Johnson , Chair Deputy Steve Luce , Vice Chair Senator Steve Pallett

Apologies

 

Absent

 

In attendance

Deputy Carolyn Labey , Minister for International Development [Item 3 only] Francesca  Cleworth,  Private  Secretary  to  Minister  for  International Development [Item 3 only]

Steve Boas, Executive Director, Jersey Overseas Aid Commission [Item 3 only]

Janice Hales , Committee and Panel Officer Ben Walker , Research and Project Officer

 

Agenda matter

Action

1. Regulations  for  the  Licence  Application,  Production  and  Export  of Medicinal Cannabis on Jersey

The Panel approved the Terms of Reference and Scoping Document for this review and requested these be circulated to the Scrutiny Liaison Committee (SLC) for final approval.

JH

2. Covid-19, Support for Small Business

The Panel noted the response to its open letter from the Minister for Economic Development, Tourism, Sport and Culture. The Panel agreed it would invite the Minister to a public hearing to discuss the points in the letter and focus on the Governments strategy going forward.

 

3. Quarterly Public Hearing with the Minister for International Development

The Panel welcomed the Minister for International Development to a Quarterly Public Hearing. The hearing was recorded and webcast live via Microsoft Teams and a transcript was produced.

 

 

Present

Deputy David Johnson , Chair Deputy Steve Luce , Vice Chair Senator Steve Pallett

Apologies

 

Absent

 

In attendance

Connétable Richard Buchanan, Assistant Minister, External Relations and Financial Services [item 1 only]

George Pearmain, Director, Financial Crime Strategy [item 1 only]

Alex Rowse, Associate Director, Financial Crime Strategy [item 1 only] Bastian Hertstein, Associate Director, Financial Crime Strategy [item 1 only]

Janice Hales , Committee and Panel Officer Ben Walker , Research and Project Officer

 

Agenda matter

Action

1. Records of Meetings

The Panel approved the records of its meetings dated 29th [Public and Private] and 31st March and 1st and 6th April 2021.

 

2. Private Briefing – MoneyVal and Financial Crime Update

The Panel received a briefing from the Assistant Minister of External Relations and Financial Services together with officers from the Financial Crime Team. This meeting was held in private in accordance with the Freedom of Information (Jersey) Law 2011 (as amended) under Qualified Exemption Article 35.

 

3. Bank Accounts for New Businesses

The Panel discussed a recent experience by one of the members in trying to open a bank account for a new company. The Panel was informed the member had been unable to open the bank account due to current regulations which raised concern this could become a burden for any new businesses. The Panel agreed to revisit this topic at a later date.

 

4. Regulations  for  the  Licence  Application,  Production  and  Export  of Medicinal Cannabis on Jersey

The Panel was informed it had received one expression of interest from four of the advisers that had been approached. The Panel asked that an informal meeting be arranged via Teams with the potential adviser for further discussion.

JH

5. Regulation of Jersey Estate Agents

 

 

The Panel discussed that, in the absence of a response from the Chief Minister to its letter dated 24th February, it could lodge its own proposition for the regulation of Jersey Estate Agents. The Panel requested the officer draft wording for a proposition and circulate for further discussion.

JH/BW

6. Demerger  of  the  Channel  Island  Competition  Regulatory  Authority (CICRA)/Formation of the Jersey Regulatory Competition Authority (JCRA)

The Panel was informed it had not yet received the Memorandum of Understanding (MoU) from the Minister for External Relations and Financial Services between the JCRA and Government of Jersey (GOJ). The Panel recalled its previous discussion to undertake a review into the formation of the JCRA following the demerger of the CICRA with the focus on looking forward and requested Terms of Reference and a Scoping Document be drafted for further discussion.

JH/BW

7. MoneyVal and Financial Crime Briefing

The  Panel  discussed  the  private  briefing  received  earlier  that  day  regarding MoneyVal and Financial Crime. The Panel recalled the offer of the Department to provide private briefings on amendments to the various Financial Services legislation which were due to be debated in June. The Panel also recalled the offer of a briefing on cyber security and asked these both be followed up and coordinated with the Department.

JH

8. Action Points from recent Quarterly Hearing with Minister for External Relations and Financial Services

The Panel discussed the action points and agreed it would benefit from a briefing on the State Safety Programme together with the Jersey Aircraft Registry. The Panel agreed one briefing would be sufficient to cover both subjects and requested this be coordinated with the Department. The Panel made reference to each of the subjects falling under different Departmental remits and asked the officer to ensure officers from both Departments would be in attendance.

JH

9. Any Other Business

The Panel discussed the relaxation of restrictions with regards to person to person meetings during the Covid-19 pandemic and agreed it would undertake its scheduled Friday Panel meetings in person with all other meetings discussed on an individual basis as they arose.

 

10. Future Meetings

The Panel agreed its next scheduled meeting would take place on 30th April 2021 in Le Capelain Room, States Building.

 

 

Present

Deputy David Johnson , Chair Deputy Steve Luce , Vice Chair Senator Steve Pallett

Apologies

 

Absent

 

In attendance

George McBride, Hanway Associates Georgia Glick, Hanway Associates

Janice Hales , Committee and Panel Officer Ben Walker , Research and Project Officer

 

Agenda matter

Action

1. Meeting with Hanway Associates regarding Regulations for the Licence Application, Production and Export of Medicinal Cannabis on Jersey

The Panel met with representatives of Hanway Associates as potential advisers for its review into Regulations for the Licence Application, Production and Export of Medicinal Cannabis on Jersey. This meeting was held in private in accordance with the  Freedom  of  Information  (Jersey)  Law  2011  (as  amended)  under  Qualified Exemption Article 35.

 

 

Present

Deputy David Johnson , Chair Deputy Steve Luce , Vice Chair Senator Steve Pallett

Apologies

 

Absent

 

In attendance

Janice Hales , Committee and Panel Officer Ben Walker , Research and Project Officer

 

Agenda matter

Action

1. Records of Meetings

The Panel approved the records of its meetings dated 16th April [public and private].

 

2. Regulations  for  the  Licence  Application,  Production  and  Export  of Medicinal Cannabis on Jersey

The Panel discussed questions it would like sent to the Minister for Economic Development, Tourism, Sport and Culture to cover draft regulations, licence fees and application,  tax  revenue  and  financial  and  manpower  implications.  The  Panel requested a letter be drafted with the questions and sent to the Minister as soon as possible.  

JH

3. Covid-19 – Support for Small Business

The Panel discussed its upcoming Public Hearing with the Minister for Economic Development, Tourism, Sport and Culture to discuss the response to its open letter and the Government's strategy on the Covid-19 payment schemes going forward. The Panel discussed areas of questioning and requested these be collated and circulated for further discussion.

 JH

4. Demerger  of  the  Channel  Island  Competition  Regulatory  Authority (CICRA)/Formation of the Jersey Regulatory Competition Authority (JCRA)

The Panel approved its revised Terms of Reference and Scoping Document. Due to the fact the review had been ongoing since 2020 and the revisions had been made to the existing documents it was agreed that approval from the Scrutiny Liaison Committee (SLC) was not required. The Panel therefore requested the documents be circulated to the SLC for their information only.

JH

5. Action  Points  from  recent  Quarterly  Hearing  with  the  Minister  for International Development

The Panel discussed the recent Public Hearing with the Minister for International Development and the action points, if any. It was agreed the Panel write to the

BW

 

Minister asking for further details on the Start Network' currently undertaking work in Gaza, Palestine and Yemen.

 

6. Regulation of Jersey Estate Agents

The Panel noted the response from the Chief Minister to its letter dated 24th February 2021. The Panel requested a meeting be arranged with the members of the Jersey Estate  Agents  Association  (JEAA)  to  obtain  further  information  into  what  the proposed regulations would involve. The Panel also requested a briefing document be drafted and circulated collating all information undertaken by Scrutiny in this area together with any Ministerial responses.

JH

7. Any Other Business

The Panel discussed the recent announcement of the Fiscal Stimulus Tranche One Results. The Panel agreed it would discuss this topic further at its next meeting and requested a letter be sent to the Minister for Economic Development, Tourism, Sport and Culture asking for an update as to the current position on the allocation of the Tranche Two bids and to ascertain if the Panel would be given prior notification of these allocations before they were made public.

JH

8. Future Meetings

The Panel agreed its next scheduled meeting would take place on 30th April 2021 in Le Capelain Room, States Building.

 

Date:  26th April 2021

 

Present

Deputy David Johnson , Chair Deputy Steve Luce , Vice Chair Senator Steve Pallett

Apologies

 

Absent

 

In attendance

Janice Hales , Committee and Panel Officer Ben Walker , Research and Project Officer

 

Agenda matter

Action

1. Meeting – Question Plan for Public Hearing with Minister for Economic Development, Tourism, Sport and Culture - COVID-19: Support for Small Businesses

The Panel met to discuss areas of questioning ahead of its Public Hearing with the Minister for Economic Development, Tourism, Sport and Culture on COVID-19 Support for Small Business on 28th April 2021. The Panel met to discuss areas of questioning ahead of its Public Hearing with the Minister for Economic Development, Tourism, Sport and Culture (Minister) on COVID-19 Support for Business on 28th April 2021. The Panel noted its letter to the Minister on 18th March 2021 in respect of its COVID-19 support for small businesses and the Minister's response to the Panel's letter dated 31st March 2021.

The Committee and Panel Officer (Officer) noted that the Panel's questions were largely based on the concerns of small business owners and noted the deferral of Social Security payments.

The Panel asked the Officer whether it could expect to receive data about the numbers of businesses that had failed due to the outbreak of COVID-19. It was advised that the purpose of the Public Hearing was to deal specifically with the Panel's open letter to the Minister from 18th March rather than other areas, which would be better addressed in a separate letter to the Minister.

The Panel discussed the original criteria for applications to the Visitor Attractions and Events Scheme (VAES). The Officer noted this area had been included in questions to the Minister.

 

2. Fiscal Stimulus Bids – Tranche 2

The Panel discussed requesting advance notification from the Minister for Economic Development, Tourism, Sport and Culture in respect of Phase 2 of the Fiscal Stimulus (Phase 2) measures. The Panel requested that the Officer draft a letter to the Minister, asking about the current position of the Phase 2 measures, when the

JH

 

measures  would  be  introduced  and  whether  the  Panel  would  be  given  prior notification of the introduction of Phase 2.

 

3. Regulations  for  the  Licence  Application,  Production  and  Export  of Medicinal Cannabis on Jersey

The Panel discussed its Review of the Regulations for the Licence Application, Production and Export of Medicinal Cannabis on Jersey and noted it had received a presentation from Grant Thornton as potential advisers. The Panel was mindful Grant Thornton had been engaged previously by the Government of Jersey (GoJ) and agreed to bear this in mind when raising conflict of interest issues. The Panel requested an initial, informal meeting be arranged with Grant Thornton to discuss the review.

JH

4. Memorandum of Understandings

The  Chair  raised  the  previous  Panel's  undertaking  of  work  regarding  the development of Memorandum of Understandings (MoU's) within the Department of Economic Development. It was agreed any previous correspondence be circulated to the Panel for further discussion. It was also agreed the Officer liaise with the Corporate Services Scrutiny Panel Officer to obtain further details, if any, in this area.

JH

Date:  28th April 2021

 

Present

Deputy David Johnson , Chair Deputy Steve Luce , Vice Chair Senator Steve Pallett

Apologies

 

Absent

 

In attendance

Deputy Kirsten Morel , Assistant Minister Economic Development, Tourism, Sport and Culture [item 1 only]

Ian Clarkson, Sector Lead – Retail and Visitor Economy [item 1 only]

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

Richard Corrigan, Acting Director General, Economy [item 2 only]

Janice Hales , Committee and Panel Officer

Ben Walker , Research and Project Officer

Ella Nicholls, Communications Officer [item 2 only]

 

Agenda matter

Action

1. Interim Retail Strategy

The Panel received a briefing on the Interim Retail Strategy from the Assistant Minister for Economic Development, Tourism, Sport and Culture and the Sector Lead of Retail and Visitor Economy. This meeting was held in private in accordance with the  Freedom  of  Information  (Jersey)  Law  2011  (as  amended)  under  Qualified Exemption Article 35.

 

2. Covid-19, Support for Small Businesses

The Panel welcomed the Minister for Economic Development, Tourism, Sport and Culture to a Public Hearing to discuss its review into Covid-19, Support for Small Businesses. The hearing was recorded and webcast live via Microsoft Teams and a transcript was produced.

 

Date:  30th April 2021

 

Present

Deputy David Johnson , Chair Deputy Steve Luce , Vice Chair Senator Steve Pallett

Apologies

 

Absent

 

In attendance

Wayne Pisani, Lead Partner Regulatory Services, Grant Thornton [item 2 only]

Mario Galea, Consultant, Grant Thornton [item 2 only]

George Vella, Partner, Economic Advisery Services, Grant Thornton [item 2 only]

Jessica  Bourg,  Senior  Manager,  Regulatory,  Corporate  and  Financial Services, Grant Thornton [item 2 only]

Senator Ian Gorst , Minister for External Relations and Financial Services [item 8 only]

Cora O'Brien, Deputy Comptroller of Revenue [item 8 only]

Tom Le Feuvre, Director, Global Markets and International Agreements [item 8 only]

Dominic Murphy, Deputy Director, Tax Policy [item 8 only]

David Le Marquand, Private Secretary to Minister for External Relations and Financial Services [item 8 only]

Janice Hales , Committee and Panel Officer Ben Walker , Research and Project Officer

 

Agenda matter

Action

1. Records of Meetings

The Panel approved the records of its meeting dated 20th April [public and private].

 

2. Regulations  for  the  Licence  Application,  Production  and  Export  of Medicinal Cannabis on Jersey

The Panel agreed on a list questions to be sent to Industry Stakeholders and licence applicants as part of its call for evidence and asked these be distributed as soon as possible. The Panel was advised the list of licence applicants had not yet been received from the Department, but this would be followed up and the questions sent as soon as possible. The Panel also agreed questions to be sent to each of the Parish Constables and requested these be distributed in the same way.

The Panel met with Grant Thornton, Malta as possible advisers for its review and agreed it would come back with a decision on its adviser appointment as soon as possible.

BW JH

3. Covid-19 – Support for Small Business

 

 

The Panel discussed the recent evidence received from its Public Hearing with the Minister for Economic Development, Tourism, Sport and Culture and agreed it would present an interim report based on its findings. It was agreed drafting would begin on this as soon as possible with an estimated time of presentation by mid late June.

JH

4. Demerger  of  the  Channel  Island  Competition  Regulatory  Authority (CICRA)/Formation of the Jersey Regulatory Competition Authority (JCRA)

The Panel was given a verbal update on the status of this review by the officer. The Panel agreed on a list questions to be sent to Industry Stakeholders as part of its call for evidence and asked these be distributed as soon as possible. The Panel also agreed to hold Public Hearings with various stakeholders and requested these be arranged as soon as possible.

BW

5. Interim Retail Strategy

The Panel recalled the recent briefing it had received on the Interim Retail Strategy and agreed no further action would be taken at this stage.

 

6. Any Other Business

The Panel discussed the recent announcement of the Fiscal Stimulus Tranche One Results and it was agreed Senator Pallett would circulate some questions for the Panel to discuss further.

SP

7. Future Meetings

The Panel agreed its next scheduled meeting would take place on 7th May 2021 in Le Capelain Room, States Building and would include a private briefing on the upcoming amendments to the Public Finance Law.

 

8. EIA Briefing on Economic Substance Law – Partnerships

The Panel received a briefing on Economic Substance Law – Partnerships from the Minister for External Relations and Financial Services and officers. This meeting was held in private in accordance with the Freedom of Information (Jersey) Law 2011 (as amended) under Qualified Exemption Article 35.

 

 

Present

Deputy David Johnson , Chair Deputy Steve Luce , Vice Chair Senator Steve Pallett

Apologies

 

Absent

 

In attendance

Richard Buchanon, Assistant Minister, External Relations and Financial Services [item 8 only]

George Pearmain, Director of Financial Crime Strategy [item 8 only]

Alex Rowse, Associate Director of Financial Crime Strategy [item 8 only] Bastian Hertstein, Associate Director of Financial Crime Strategy [item 8 only]

David Le Marquand, Private Secretary to Minister for External Relations and Financial Services [item 8 only]

Janice Hales , Committee and Panel Officer Ben Walker , Research and Project Officer

 

Agenda matter

Action

1. Records of Meetings

The Panel approved the records of its meeting dated 16th April [private], 23rd, 26th and 28th April.

 

2. Regulations  for  the  Licence  Application,  Production  and  Export  of Medicinal Cannabis on Jersey

The Panel noted it had not received a response from the Minister for External Economic Development, Tourism, Sport and Culture to its letter dated 23rd April 2021. The Panel was informed the letter was due imminently and requested once received, a meeting be arranged to discuss the next steps of the review.

 JH

3. Covid-19 – Support for Small Business

The Panel was informed the report was currently being drafted and would be circulated in due course.

JH

4. Demerger  of  the  Channel  Island  Competition  Regulatory  Authority (CICRA)/Formation of the Jersey Regulatory Competition Authority (JCRA)

The Panel noted its upcoming Public Hearings with the Chamber of Commerce on Monday 10th May at 1.30pm, The Chair and CEO of the JCRA on Friday and the Institute of Directors on Friday 14th May at 2.15pm and the Institute of Directors on Friday 14th May at 3.30pm. The Panel noted its areas of questioning and requested a meeting be arranged prior to the hearings to finalise the question plans.

BW

 

5. Work Programme

The Panel noted and approved its current work programme.

 

6. Any Other Business

The Panel noted the upcoming briefings on Monday 10th May at 10am for the Electronic Communications Law, Wednesday 12th May at 10am on the Financial Services  Framework  and  Thursday  13th  May  at  10am  on  Telecoms  Security Framework. The Panel also noted a meeting with Lord Andrew Tierney on Thursday 13th May at 4pm on the Financial Stability Board.

 

7. Future Meetings

The Panel noted it would be inquorate for its next scheduled meeting on 21st May 2021 due to other Panel Member commitments and agreed its next scheduled meeting would take place at 10am on 28th May 2021 in Le Capelain Room, States Building.

 

8. EIA Briefing by External Relations and Financial Services on Upcoming Amendments

The Panel received a briefing on Upcoming Amendments to the Financial Services Law from the Assistant Minister for External Relations and Financial Services and officers. This meeting was held in private in accordance with the Freedom of Information (Jersey) Law 2011 (as amended) under Qualified Exemption Article 35.

 

 

Present

Deputy David Johnson , Chair Deputy Steve Luce , Vice Chair Senator Steve Pallett

Apologies

 

Absent

 

In attendance

Stephanie Peat, Head of the Digital Economy [item 1 only] Jonathan Van Neste, Senior Policy Adviser [item 1 only]

John Shenton, Vice Chairperson, Jersey Chamber of Commerce [item 3 only]

Ronnie Isherwood, Chair Digital Committee, Jersey Chamber of Commerce [item 3 only]

Janice Hales , Committee and Panel Officer Ben Walker , Research and Project Officer

 

Agenda matter

Action

1. Briefing Electronic Communications (Jersey) Law 2000 - Amendments

The Panel received a briefing on Electronic Communications (Jersey) Law 2000 - Amendments from Departmental Officers. This meeting was held in private in accordance with the Freedom of Information (Jersey) Law 2011 (as amended) under Qualified Exemption Article 35.

 

2. Meeting to discuss Question Plan on Review of the Demerger of CICRA and formation of the JCRA

The Panel noted it was due to receive the Jersey Chamber of Commerce for a Public Hearing at 1:30pm and discussed and agreed the question areas in its Question Plan.

 

3. Public Hearing with the Chamber of Commerce re Review of the Demerger of CICRA and formation of the JCRA

The Panel welcomed the Jersey Chamber of Commerce to a Public Hearing. The hearing was recorded, and webcast live via Microsoft Teams and a transcript was produced.

 

 

Present

Deputy David Johnson , Chair Deputy Steve Luce , Vice Chair Senator Steve Pallett

Apologies

 

Absent

 

In attendance

Janice Hales , Committee and Panel Officer Ben Walker , Research and Project Officer

 

Agenda matter

Action

1. Regulations  for  the  Licence  Application,  Production  and  Export  of Medicinal Cannabis on Jersey

The Panel agreed via email to appoint Grant Thornton, Malta as its expert advisers for its review. The Panel also noted that whilst the contract would be executed by Grant  Thornton,  Malta,  it  would  extend  to  Grant  Thornton,  Jersey  who  would undertake the domestic issues of the review.

 

 

Present

Deputy David Johnson , Chair Deputy Steve Luce , Vice Chair Senator Steve Pallett

Apologies

 

Absent

 

In attendance

Janice Hales , Committee and Panel Officer Ben Walker , Research and Project Officer

 

Agenda matter

Action

1. Regulations  for  the  Licence  Application,  Production  and  Export  of Medicinal Cannabis on Jersey

The Panel met to receive an update following an officer meeting with its Advisers, Grant Thornton, Malta. The Panel was informed the purpose of the meeting was to discuss the administration and structure of the review and to relay the Panel's expectations to the Advisers.

The Advisers had informed the officer that the review would look at the Memorandum of Understanding (MoU) between the UK Home Office and the Government of Jersey once received and following this, would be in a position to make comparisons with other jurisdictions on the legislative side of the regulations currently being used in Jersey. The Advisers also informed the officer that operating without regulations was not good for the international market, however, until they had sight of the MoU and understood how each party was bound, they could not comment further. The Advisers also informed the officer that Grant Thornton, Jersey would be working with them to meet the terms of the domestic side of the review namely the tax implications and if the growth of medicinal cannabis was beneficial to the Island without causing damage the Island's reputation.

The officer explained to the Panel that until the contract had been signed by both parties, the exchange of confidential documents could not take place, however, there was  correspondence  between  the  Panel  and  the  Minister  for  Economic Development, Tourism, Sport and Culture which was in the public domain and had been shared. The officer informed the Panel a Microsoft Teams channel had been created between the officers and the Advisers for the sharing of documents. It was agreed a meeting would take place with the Panel and the Advisers on 17th May 2021 at 10.15am to discuss the status of the review.

 

 

Present

Deputy David Johnson , Chair Deputy Steve Luce , Vice Chair Senator Steve Pallett

Apologies

 

Absent

 

In attendance

Item 2 only:

Tim Ringsdore, Chief Executive Officer, Jersey Competition Regulatory Authority

Stephanie Liston, Chair, Jersey Competition Regulatory Authority

Item 3 only:

Lisa Springate, Chair, Institute of Directors

Janice Hales , Committee and Panel Officer Ben Walker , Research and Project Officer

 

Agenda matter

Action

1. Meeting to discuss Question Plan

The Panel noted it was due to receive the Jersey Competition Regulatory Authority for a Public Hearing at 2:15pm and the Institute of Directors at 3.30pm. The Panel discussed and agreed the question areas within both Question Plans.

 

2. Public Hearing with the Jersey Competition Regulatory Authority (JCRA) re Review of the Demerger of CICRA and formation of the JCRA

The Panel welcomed the JCRA to a Public Hearing. The hearing was recorded, and webcast live via Microsoft Teams and a transcript was produced.

 

3. Public Hearing with the Institute of Directors re Review of the Demerger of CICRA and formation of the JCRA

The Panel welcomed the Institute of Directors to a Public Hearing. The hearing was recorded, and webcast live via Microsoft Teams and a transcript was produced.

 

 

Present

Deputy David Johnson , Chair Deputy Steve Luce , Vice Chair Senator Steve Pallett

Apologies

 

Absent

 

In attendance

Wayne Pisani, Lead Partner Regulatory Services, Grant Thornton [item 1

only]

Mario Galea, Consultant, Grant Thornton [item 1 only]

George Vella, Partner, Economic Advisery Services, Grant Thornton [item 1 only]

Jessica  Bourg,  Senior  Manager,  Regulatory,  Corporate  and  Financial Services, Grant Thornton [item 1 only]

Daniel Gravino, Associate, Grant Thornton [item 1 only]

Shelagh Marrett, Chair of Jersey Estate Agents Association [item 2 only] Nick Dodsley, ND Estates [item 2 only]

Samantha Leighton, Wilson Estates [item 2 only]

Janice Hales , Committee and Panel Officer

 

Agenda matter

Action

1. Regulations  for  the  Licence  Application,  Production  and  Export  of Medicinal Cannabis on Jersey

The Panel met with its advisers to receive an update on the status of the review. The Panel raised a number of issues around the review and was informed that the contract had not yet been signed by Grant Thornton and as a consequence, no confidential documents had been reviewed. It was agreed a further meeting would be arranged once the contract had been executed.

 

2. Regulation of Jersey Estate Agents

The Panel met with representatives of the Jersey Estate Agents Association (JEAA) to discuss the regulation of Jersey Estate Agents.

The Panel was informed the JEAA held its own regulations and currently had 15 members out of an estimated 50+ estate agents in Jersey. The Panel was informed that currently there are no regulations in place for Jersey Estate Agents and was also informed the JEAA regulations were in line with the National Association of Estate Agents (NAEA), now called the NAEA Propertymark. The NAEA is the UK's leading professional body for estate agents, promoting the highest standards in estate agency. The NAEA has worked with an organisation called the Regulation of Property Agents (ROPA).   ROPA  is  formed  of  a  group  of  professionals and  businesses  within the property industry who suggest to the Government how agents in the UK should

 

 

be regulated by law. They have recently produced a report highlighting the following recommendations: -

  • All agencies operating a residential property business should be licensed and licensing should include a fit and proper person test for company directors.
  • All staff delivering reserved activities' employed within the residential agency business should be licensed and adhere to a Code of Practice.
  • All company directors and managing agents should be qualified to a minimum of Level 4.
  • A new regulator to be appointed to oversee compliance with an overarching Code of Practice.

The Panel asked if industry was in favour of being regulated and was informed agents operated slightly differently and whilst some would welcome regulations, there would always be those who preferred to work to their own standards. The Panel asked what  benefit  there  would  be  to  agents  being  regulated  and  was  informed  of anecdotal evidence' of agents not looking after the clients best interests and in some cases, agents securing properties for themselves or friends by undervaluing. The Panel asked if being regulated would solve this and was informed that whilst it would never  be  possible  to  stop  these  tactics,  having  regulations  in  place  with consequences would likely deter it.

The  JEAA  highlighted  the  risks  it  felt  currently  existed  in  the  absence  of  any regulations and the possibility for unscrupulous agents to operate. It informed the Panel that whilst it did not wish to duplicate the UK regulations, it believed Jersey could implement them with some amendments to ensure they met the Jersey property requirements.

The Panel thanked the JEAA for their time and agreed it would discuss the issue at its next meeting following which it would provide an update.

 

 

Present

Deputy David Johnson , Chair Deputy Steve Luce , Vice Chair Senator Steve Pallett

Apologies

 

Absent

 

In attendance

Connétable Richard Buchanan, Assistant Minister for External Relations and Financial Services

James Silverston, Director, Financial Services

Charlotte Brambilla, Associate Director, Financial Services

James Roberts, Associate Director, Financial Services

David Le Marquand, Private Secretary to Minister for External Relations and Financial Services

Janice Hales , Committee and Panel Officer

 

Agenda matter

Action

1. Briefing on Financial Services Framework

The Panel received an update on the Financial Services Framework from the Assistant Minister and officers from the financial services team. This meeting was held in private in accordance with the Freedom of Information (Jersey) Law 2011 (as amended) under Qualified Exemption Article 35.

 

 

Present

Deputy David Johnson , Chair Deputy Steve Luce , Vice Chair Senator Steve Pallett [item 1 only]

Apologies

 

Absent

 

In attendance

Stephanie Peat, Head of the Digital Economy [item 1 only]

Lord Andrew Tyrie, Chair of the Shadow Financial Stability Board [item 2 only]

Sophie Watkins, Financial Stability Board Lead and Secretariat to the Shadow Financial Stability Board [item 2 only]

Janice Hales , Committee and Panel Officer Ben Walker , Research and Project Officer

 

Agenda matter

Action

1. Briefing on Telecoms Security Framework – Key Policy Development

The  Panel  received  a briefing  on Telecoms  Security  Framework   Key  Policy Development. This meeting was held in private in accordance with the Freedom of Information (Jersey) Law 2011 (as amended) under Qualified Exemption Article 35.

 

2. Meeting with Shadow Financial Stability Board (FSB)

The Panel met with Lord Andrew Tyrie, Chair of the Shadow FSB and Sophie Watkins, Shadow FSB Lead and Secretariat to discuss the status of the board and to provide an update. This meeting was held in private in accordance with the Freedom of Information (Jersey) Law 2011 (as amended) under Qualified Exemption Article 35.

 

 

Present

Deputy David Johnson , Chair Deputy Steve Luce , Vice Chair Senator Steve Pallett

Apologies

 

Absent

 

In attendance

Senator Lyndon Farnham , Minister for Economic Development, Tourism, Sport and Culture [item 7 only]

Kirsten   Morel , Assistant  Minister  for  Economic  Development,  Tourism, Sport and Culture [item 7 only]

Oliver Brewster, Assistant Engineer [item 7 only]

Ian Clarkson, Sector Head, Retail and Visitor Economy [item 7 only] Rebecca Miller, Head of Local Economy [item 7 only]

John Vautier, Sector Lead, Rural and Marine [item 7 only]

Rachel Sawyer, Centre Manager [item 7 only]

Catriona Macallister, Jersey Sport [item 7 only]

Janice Hales , Committee and Panel Officer Ben Walker , Research and Project Officer

 

Agenda matter

Action

1. Records of Meetings

The Panel approved the records of its meeting dated 30th April [public and private] 7th [public and private] 10th [public and private] 12th, 13th, 14th and 17th, and 19th May.

 

2. Regulations  for  the  Licence  Application,  Production  and  Export  of Medicinal Cannabis on Jersey

The Panel discussed the status of its review and in particular, what it believed to be the lack of environmental issues being addressed in the regulations and licence applications, in particular, Environmental Impact Assessments. The Panel was informed its current scope would allow for certain environmental issues to be looked at if these were a requirement of fulfilling the criteria for the licence application. The Panel agreed to contact the Chair of the Environment, Housing and infrastructure Panel to inform him of its decision to look at certain environmental issues that came under the regulations and licence application process and Deputy Luce , in his capacity as a member of the EHI Panel, would act as a conduit. The Panel asked that in addition to its Public Hearings with the Minister for Health and Social Services and the Minister for Economic Development, Tourism, Sport and Culture, a Public Hearing be arranged with the Minister for Environment.

The Panel was informed its advisers had provided a number of questions which had been forwarded onto the relevant Departments for a response. The Panel agreed

JH

 

the responses would form the basis of follow up questions for its upcoming hearings with the Minister for Health and Social Services, Minister for the Environment and Minister for Economic Development, Tourism, Sport and Culture.

 

3. Covid-19 – Support for Small Business

The Panel was informed the report had been drafted however, due to the fast- changing landscape of the Covid-19 pandemic, certain areas of the report had become outdated. The Panel asked if the report could be amended to focus on conclusions and the reconnection roadmap and agreed it would continue to monitor the situation.

JH

4. Demerger  of  the  Channel  Island  Competition  Regulatory  Authority (CICRA)/Formation of the Jersey Regulatory Competition Authority (JCRA)

The Panel received an update on the status of this review and was informed the Panel was still waiting for a mutually agreeable date with the Minister for Economic Development, Tourism, Sport and Culture for a Public Hearing. The Panel noted its upcoming briefing with officers regarding the Oxera Report and the demerger of CICRA due to take place on 2nd June 2021. The Panel asked if the submissions received from Industry for the previous EIA Panel's review could be uploaded to the Teams channel for further discussion.

BW

5. Regulation of Jersey Estate Agents

The Panel recalled its recent meeting with the Jersey Estate Agents Association and agreed  to  request  a  call  for  evidence  from  the  Public  to  gain  some  further understanding of the problems being faced by home buyers and sellers, if any. It was agreed questions be drafted and circulated for further discussion.

BW

6. Future Meetings

The Panel noted it next scheduled meeting would take place at 10am on 4th June 2021 in Le Capelain Room, States Building.

 

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

The Panel welcomed the Minister for Economic Development, Tourism, Sport and Culture and Officers to a Quarterly Public Hearing. The hearing was recorded and webcast live via Microsoft Teams and a transcript was produced.

 

 

Present

Deputy David Johnson , Chair Deputy Steve Luce , Vice Chair Senator Steve Pallett

Apologies

 

Absent

 

In attendance

Beth Davies, Principal External Relations Officer, Brexit and Trade Victoria Bell, Legal Adviser [item 1 only]

David Walwyn, Director, External Relations and Financial Services [item 1 only]

Phil Roberts, External Relations Policy Officer [item 1 only]

David Le Marquand, Private Secretary to Minister for External Relations and Financial Services [item 1 only]

Janice Hales , Committee and Panel Officer Ben Walker , Research and Project Officer

 

Agenda matter

Action

1. Briefing on Upcoming Free Trade Agreements

The Panel received a briefing on upcoming Free Trade Agreements by officers from the Department of External Relations and Financial Services. This meeting was held in private in accordance with the Freedom of Information (Jersey) Law 2011 (as amended) under Qualified Exemption Article 35.

 

2. Records of Meetings

The Panel approved the records of its meeting dated 20th May [public and private].

 

3. Regulations  for  the  Licence  Application,  Production  and  Export  of Medicinal Cannabis on Jersey

The Panel was informed the responses to the written questions from the advisers to the relevant departments were due imminently. Deputy Luce informed the Panel the Environment, Housing and Infrastructure Panel had recently held a Public Hearing with the Minister for the Environment and questions were asked around medicinal cannabis and environmental impact assessments. The Panel asked a copy of the transcript be circulated for further discussion.

JH

4. Covid-19 – Support for Small Business

The Panel was informed the amended report was in its final stages and would be circulated before the end of day.

JH

 

5. Jersey Competition Regulatory Authority (JCRA)

The Panel received an update on the status of the review and was informed a mutually convenient date was still being confirmed with the Minister for Economic Development, Tourism, Sport and Culture. This was due to be confirmed imminently.

BW

6. Regulation of Jersey Estate Agents

The Panel noted the draft questions provided for its call for public submissions. The Panel asked if the questions could be made more generic and be circulated for final approval.

BW

7. Future Meetings

The Panel's next scheduled meeting is due to take place at 10am on Friday 18th June 2021 in Le Capelain Room, States Building.

 

 

Present

Deputy David Johnson , Chair Deputy Steve Luce , Vice Chair Senator Steve Pallett

Apologies

 

Absent

 

In attendance

Deputy Richard Renouf , Minister for Health and Social Services Paul McCabe, Chief Pharmacist

Wayne Pisani, Panel Adviser, Grant Thornton, Malta Jessica Bourg, Panel Adviser, Grant Thornton, Malta Mario Galeo, Panel Adviser, Grant Thornton, Malta

Janice Hales , Committee and Panel Officer

 

Agenda matter

Action

1. Regulations  for  the  Licence  Application,  Production  and  Export  of Medicinal Cannabis on Jersey – Public Hearing with the Minister for Health and Social Services

The Panel welcomed the Minister for Health and Social Services to a Public Hearing for its review into the Regulations for the Licence Application, Production and Export of Medicinal Cannabis on Jersey. The hearing was recorded and webcast live via Microsoft Teams and a transcript was produced.

 

 

Present

Deputy David Johnson , Chair Deputy Steve Luce , Vice Chair Senator Steve Pallett

Apologies

 

Absent

 

In attendance

Ian Gorst , Minister for External Relations and Financial Services

Cora O'Brien, Deputy Comptroller of Revenue

Tom Le Feuvre, Director, Global Markets and International Agreement David Le Marquand, Private Secretary to Minister for External Relations and Financial Services

Janice Hales , Committee and Panel Officer

 

Agenda matter

Action

1. Briefing International Tax Arrangements - Minister for External Relations and Financial Services

The Panel received a briefing on International Tax Arrangements from the Minister for External Relations and Financial Services and officers. This meeting was held in private in accordance with the Freedom of Information (Jersey) Law 2011 (as amended) under Qualified Exemption Article 35.

 

 

Present

Deputy David Johnson , Chair Deputy Steve Luce , Vice Chair Senator Steve Pallett

Apologies

 

Absent

 

In attendance

Deputy John Young, Minister for the Environment [item 1 only]

William Peggie, Director, Natural Environment [item 1 only]

Stewart Petrie, Environmental Health Consultant [item 1 only]

Jody Robert, Head of Water Resources [item 1 only]

Peter Le Gresley, Director [item 1 only]

Scott Meadows, Assistant Director of Rural Economy and Head of Plant Health [item 1 only]

Ben Markwell Sales, Private Secretary to Minister [item 1 only]

Ian Gorst , Minister for External Relations and Financial Services [item 2 only]

Beth Davies, Principal External Relations Officer, Brexit and Trade Victoria Bell, Legal Adviser [item 2 only]

David Walwyn, Director, External Relations and Financial Services [item 2 only]

Phil Roberts, External Relations Policy Officer [item 2 only]

David Le Marquand, Private Secretary to Minister for External Relations and Financial Services [item 2 only]

Wayne Pisani, Panel Adviser, Grant Thornton, Malta [item 1 only] Jessica Bourg, Panel Adviser, Grant Thornton, Malta [item 1 only] Mario Galeo, Panel Adviser, Grant Thornton, Malta [item 1 only]

Janice Hales , Committee and Panel Officer Ben Walker , Research and Project Officer

 

Agenda matter

Action

1. Regulations  for  the  Licence  Application,  Production  and  Export  of Medicinal Cannabis on Jersey – Public Hearing with the Minister for the Environment

The Panel welcomed the Minister for the Environment to a Public Hearing for its review into the Regulations for the Licence Application, Production and Export of Medicinal Cannabis on Jersey. The hearing was recorded and webcast live via Microsoft Teams and a transcript was produced.

 

 

2. Briefing on Free Trade Agreements – Minister for External Relations and Financial Services

The Panel received a briefing on upcoming Free Trade Agreements from the Minister for External Relations and Financial Services and officers. This meeting was held in private in accordance with the Freedom of Information (Jersey) Law 2011 (as amended) under Qualified Exemption Article 35.

 

 

Present

Deputy David Johnson , Chair Deputy Steve Luce , Vice Chair Senator Steve Pallett

Apologies

 

Absent

 

In attendance

Janice Hales , Committee and Panel Officer Ben Walker , Research and Project Officer

 

Agenda matter

Action

1. Records of Meetings

The Panel approved the records of its meeting dated 28th May and 4th June [public and private].

 

2. Regulations  for  the  Licence  Application,  Production  and  Export  of Medicinal Cannabis on Jersey

The Panel noted the letter received from the Minister for Economic Development, Tourism, Sport and Culture (EDTSC) on 10th June and the Panel's response dated 11th June. The Panel agreed that no further correspondence would be required at this stage.

The Panel also noted the recent public hearings with the Minister for Health and Social Services on 14th June and the Minister for the Environment on 17th June together with the upcoming hearing with the Minister for EDTSC on 21st June. The Panel discussed the question plan and was informed the advisers had provided their input to the questions and this was the final format. The Panel agreed it was content with the line of questioning and would review it further at its meeting prior to the hearing.

JH

3. Covid-19 – Support for Small Business

The Panel agreed it did not seem appropriate to present its report due to the delay in the reconnection roadmap and ongoing changes to the Covid-19 restrictions. The Panel agreed it would circulate a press release stating it would continue to monitor the situation and continue to hold the Minister to account. The Panel asked this to be drafted as soon as possible due to the rapidly changing environment and be circulated to the Chair for approval.

JH

4. Jersey Competition Regulatory Authority (JCRA)

The Panel agreed it would ask for written responses to questions from the Minister for EDTSC due to conflicting workloads and difficulty in obtaining a date for a public hearing. The Panel was also informed the Chamber of Commerce (CoC) had asked if the transcript from its recent public hearing could be withdrawn from the website as

BW

 

they did not feel it reflected their views accurately. It was explained to the Panel that CoC had been informed this would not be possible however, CoC had been given the  opportunity  to  provide  some  footnotes  which  could  be  referenced  on  the transcript.

 

5. Regulation of Jersey Estate Agents

The Panel noted the submissions received from members of the public following its recent call for evidence. The Panel asked if the questions could be expanded upon and another call for evidence be undertaken using a different forum. The Panel was given an overview of the various options available and agreed on a survey option. The Panel asked for questions to be drafted and circulated for further discussion.

BW

6. Briefing  on  International  Tax  from  Minister  for  External  Relations  and Financial Services

The Panel noted its recent briefing with the Minister for External Relations and Financial Services on 16th June and agreed no further action would be required at this stage.

 

7. Channel Islands Lottery: Allocation of Proceeds from 2020

The  Panel recalled  the  recently lodged  proposition  P.53/2021  Channel  Islands Lottery: Allocation of Proceeds from 2020 and its intention to lodge an amendment to inform States Members of the costs attached to each of the two organisations in allocating lottery funding. The Panel asked if a meeting could be arranged with each of  the  organisations  namely  the  Jersey  Community  Foundation  (JCF)  and  the Association of Jersey Charities (AJC) to discuss the allocation of 2020 proceeds.

JH

8. Public Hearing with Minister for External Relations and Financial Services

To  Panel  noted  the  upcoming  quarterly  hearing  with  the  Minister  for  External Relations and Financial Services on 25th June at 11am and discussed areas of questioning.  The  Panel  requested  a  question  plan  be  circulated  for  further discussion.

JH/BW

9. Future Meetings

The Panel's next scheduled meeting was due to take place at 10am on Friday 25th June 2021 in Le Capelain Room, States Building to include a quarterly hearing with the Minister for External Relations and Financial Services.

 

 

Present

Deputy David Johnson , Chair Deputy Steve Luce , Vice Chair Senator Steve Pallett

Apologies

 

Absent

 

In attendance

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

Paul McCabe, Chief Pharmacist

Daniel Houseago, Group Director, Economy

Wayne Pisani, Panel Adviser, Grant Thornton, Malta Jessica Bourg, Panel Adviser, Grant Thornton, Malta Mario Galeo, Panel Adviser, Grant Thornton, Malta

Janice Hales , Committee and Panel Officer Ben Walker , Research and Project Officer

 

Agenda matter

Action

1. Regulations  for  the  Licence  Application,  Production  and  Export  of Medicinal  Cannabis  on  Jersey   Public  Hearing  with  the  Minister  for Economic Development, Tourism, Sport and Culture

The Panel welcomed the Minister for Economic Development, Tourism, Sport and Culture to a Public Hearing for its review into the Regulations for the Licence Application, Production and Export of Medicinal Cannabis on Jersey. The hearing was recorded and webcast live via Microsoft Teams and a transcript was produced.

 

 

Present

Deputy David Johnson , Chair Senator Steve Pallett

Apologies

Deputy Steve Luce , Vice Chair

Absent

 

In attendance

Connétable Richard Buchanan, Assistant Minister for External Relations and Financial Services

George Pearmain, Director of Financial Crime Strategy

Janice Hales , Committee and Panel Officer

 

Agenda matter

Action

1. Draft Proceeds of Crime (Amendment of Law) (No. 2) (Jersey) Regulations 202- (P.45/2021)

The Panel met with the Assistant Minister for External Relations and Financial Services and the Director of Financial Crime Strategy to discuss the Draft Proceeds of Crime (Amendment of Law) (No. 2) (Jersey) Regulations 202- (P.45/2021). The purpose of the amendment is to amend the definition of criminal conduct in the 1999 Law to provide that the production, supply, use, export or import of cannabis or any of its derivatives is no longer considered criminal conduct. This meeting was held in private in accordance with the Freedom of Information (Jersey) Law 2011 (as amended) under Qualified Exemption Article 35.

 

 

Present

Deputy David Johnson , Chair Deputy Steve Luce , Vice Chair Senator Steve Pallett

Apologies

 

Absent

 

In attendance

Senator Ian Gorst , Minister for External Relations and Financial Services [item 2 only]

Connétable Richard Buchanan, Assistant Minister for External Relations and Financial Services [item 2 only]

Kate Nutt, Group Director [item 2 only]

George Pearmain, Director of Financial Crime Strategy [item 2 only] Bastain Hertstein, Associate Director, [item 2 only]

James Silverston, Director [item 2 only]

Tom Le Feuvre, Director, Global Markets and International Finance [item 2 only]

Jim Robinson, Head of UK Affairs [item 2 only]

Janice Hales , Committee and Panel Officer Ben Walker , Research and Project Officer

 

Agenda matter

Action

1. Records of Meetings

The Panel agreed to defer approval of the records of its meetings dated 14th, 16th and 17th June [public and private] to its next scheduled meeting on 9th July.

 

2. Public Hearing with Minister for External Relations and Financial Services

The Panel welcomed the Minister for External Relations and Financial Services to a Quarterly Public Hearing. The hearing was recorded and webcast live via Microsoft Teams and a transcript was produced.

 

3. Regulations  for  the  Licence  Application,  Production  and  Export  of Medicinal Cannabis on Jersey

The Panel was given an update on the recent officer meeting held with its expert advisers. It was informed that the advisers had submitted some final questions which were in the process of being addressed and following this, it was anticipated they would begin drafting their report with the aim of a first draft to the Panel week commencing 5th July. The Panel was also informed the first draft of the adviser's report would not cover the tax implications required under the Panel's Terms of Reference as this was due to be drafted by the expert advisers in the Jersey office, as agreed in the initial adviser engagement, however, it was expected this section of the report would follow shortly after.

 

 

The Panel was informed of the recent challenges in obtaining confidential information from one of the Ministerial Departments regarding licence applications. It was explained to the Panel that although the Department was content to release the information to the Panel, it was reluctant to release the information to the advisers as it was considered highly sensitive and of a personal nature. The Panel was informed that it had been explained to the Department that expert advisers, under their contract with the States Greffe, were entitled to the same confidential information as Panels in relation to the review. The Panel requested this information be requested again with a further explanation that the Panel believed the reluctance to share this information could hinder the work of the advisers in producing a comprehensive, balanced report.

JH

4. Covid-19 – Support for Small Business

The Panel noted circulation of its press release on 23rd June and agreed it would include this topic as a rolling area of questioning for its future quarterly hearings with the Minister for Economic Development, Tourism, Sport and Culture (EDTSC).

JH/BW

5. Jersey Competition Regulatory Authority (JCRA)

The Panel was informed the report was currently being drafted and would be circulated in due course. It was agreed the Panel would aim to present its report before the summer recess, however, it was noted this would be subject to the information contained in the written responses from the Minister for EDTSC.

BW

6. Regulation of Jersey Estate Agents

The Panel noted the questions drafted for its survey to gather further evidence from the public. The Panel made some additions to the questions and requested these be circulated for further approval in the survey format before going live.

BW

7. Briefing  on  International  Tax  from  Minister  for  External  Relations  and Financial Services

The Panel noted its recent briefing with the Minister for External Relations and Financial Services on 16th June and agreed no further action would be required at this stage.

 

8. Channel Islands Lottery: Allocation of Proceeds from 2020

The Panel noted its upcoming meetings with the Jersey Charity Foundation (JCF) on 28th June together with a meeting on 5th July with the Association of Jersey Charities (AJC). It was agreed both meetings would take place via Microsoft Teams.

JH

9. Work Programme

The Panel noted and agreed its updated work programme.

 

10. Future Meetings

The Panel's next scheduled meeting was due to take place at 10am on Friday 9th July 2021 in Le Capelain Room, States Building.

 

Date:  28th June 2021

 

Present

Deputy David Johnson , Chair Senator Steve Pallett

Apologies

Deputy Steve Luce , Vice Chair

Absent

 

In attendance

Anna Terry, Chief Executive Officer, Jersey Community Foundation Heather MacCallum, Director and Co-Chair, Jersey Community Foundation

Janice Hales , Committee and Panel Officer Ben Walker , Research and Project Officer

 

Agenda matter

Action

1. Briefing   Jersey  Community  Foundation  (JCF)  Allocation  of  2020 Charitable Proceeds

The Panel received Anna Terry, Chief Executive Officer for the Jersey Community Foundation (CEO) and Heather MacCallum, Director and Co-Chair for the Jersey Community  Foundation  (Co-Chair),  for  a  private  briefing  on  the  allocation  of charitable proceeds to the JCF from 2020. This meeting was held in private in accordance with the Freedom of Information (Jersey) Law 2011 (as amended) under Absolute Exemption Article 26 and a private record was taken.

 

Date:  2nd July 2021

 

Present

Deputy David Johnson , Chair Deputy Steve Luce , Vice Chair Senator Steve Pallett

Apologies

 

Absent

 

In attendance

Senator Ian Gorst , Minister for External Relations and Financial Services [item 1 only]

Cora O'Brien, Deputy Comptroller of Revenue [item 1 only]

Tom Le Feuvre, Director, global Markets and International Agreements [item 1 only]

Janice Hales , Committee and Panel Officer

 

Agenda matter

Action

1. Briefing on OECD Inclusive Framework and Policy intention on Global Tax

The Panel received a briefing from the Minister for External Relations and Financial Services and officers on the OECD Inclusive Framework and Policy intention on Global Tax. This meeting was held in private in accordance with the Freedom of Information (Jersey) Law 2011 (as amended) under Qualified Exemption Article 35.

 

2. Channel Islands Lottery: Allocation of Proceeds from 2020

The Panel discussed the recently circulated wording for its amendment to P.53/2021 Channel Islands Lottery: Allocation of Proceeds from 2020. The Panel made some amendments  to  the  wording  and  asked  the  changes  be  incorporated  and  the amendment re-circulated for further discussion pending approval. The Panel noted the deadline for amendment for this proposition as noon on 6th July.

JH

Date:  5th July 2021

 

Present

Deputy David Johnson , Chair

Deputy Steve Luce , Vice Chair [item 2 only] Senator Steve Pallett

Apologies

 

Absent

 

In attendance

Kevin Keen, Association of Jersey Charities [item 1 only] Marie de Feu, Association of Jersey Charities [item 1 only]

Deputy Hugh Raymond, Assistant Minister for Economic Development, Sports and Culture [item 2 only]

Andy Scate, Group Director, Regulation [item 2 only]

Dan Houseago, Group Director, Economy [item 2 only]

Barclay Harvey, Head of Operations [item 2 only]

Janice Hales , Committee and Panel Officer Ben Walker , Research and Project Officer

 

Agenda matter

Action

1. Meeting with Association of Jersey Charities (AJC) re P.53/2021 Channel Islands Lottery Allocation of proceeds.

The Panel met with the AJC to receive an update on its work to date and discuss the recently  lodged  proposition  P.53/2021  Channel  Islands  Lottery  Allocation  of proceeds.

The Panel discussed its possible amendment to P.53/2021 which may request that any costs claimed by organisations to distribute the proceeds should be included in the proposition. The Panel was informed the AJC was a charity itself with one paid employee and had always been entitled to make a claim for its costs. The Panel stressed it was not disputing this however, believed it important that States members were  aware  there  were  costs  incurred  for  the  service  of  allocating  the  lottery proceeds. The Panel relayed to the AJC it was not in any way challenging its value and was extremely grateful for the work it continued to carry out on the Island. It also stressed it was available for discussions should the AJC require it in the future and would continue to be supportive.

The Panel thanked the AJC for their time and they exited the video conference.

The  Panel  discussed  the  recently  amended  document  for  its  Amendment  to P.53/2021 Channel Islands Lottery Allocation of proceeds. The Panel approved the amended wording and asked that the document be sent to the Greffe for lodging and circulation to States Members.  

 

 

2. Public Hearing with the Assistant Minister for Economic Development, Tourism, Sport and Culture

The Panel welcomed the Assistant Minister for Economic Development, Tourism, Sport and Culture to a Public Hearing focusing on Jersey Sport. The hearing was recorded and webcast live via Microsoft Teams and a transcript was produced.

 

Date:  9th July 2021

 

Present

Deputy David Johnson , Chair Deputy Steve Luce , Vice Chair Senator Steve Pallett

Apologies

 

Absent

 

In attendance

Janice Hales , Committee and Panel Officer Ben Walker , Research and Project Officer

 

Agenda matter

Action

1. Records of Meetings

The Panel approved the records of its meetings dated 14th, 16th and 17th June [public and private], 18th, 21st, 24th [public and private] and 25th June and 28th June [public and private].

 

2. Regulations  for  the  Licence  Application,  Production  and  Export  of Medicinal Cannabis on Jersey

The Panel was given an update on the recent officer meeting held with its expert advisers. It was informed that the advisers were in the final stages of drafting their report with a first draft due to be circulated the following week.

The  Panel  was  informed  of  the  ongoing  challenges  in  obtaining  confidential information from one of the Ministerial Departments regarding licence applications. The Panel recalled that following its recent request for the information to be shared with the Panel, the Department had advised it was taking advice from the Law Officers as to whether this information could be shared and passed to the Panel's advisers. The Panel had therefore asked for the information to be shared in an unredacted format to speed up this process.

The Panel was informed the Department had advised that any information in a redacted format would need to be approved by the Chief Pharmacist who was currently on annual leave however, the request would be put to him on his return on Monday 12th July. The Panel queried how this would impact on the imminent report from its expert advisers and was informed the advisers had stated they had drafted the report with the information provided and would include a section stating that whilst they had asked for additional information, this had not been forthcoming.

The Panel noted the timeframe to which its advisers were working to however, discussed how the impact of not receiving the confidential information could impede on their ability to undertake a thorough and comprehensive review in this particular area. The Panel requested the advisers be informed that the Panel will continue to work with the Department for the release of the information and once it was available, the advisers could amend their report accordingly.

 

 

The Panel expressed its disappointment at not receiving the confidential information at this late stage of the advisers report drafting and it was agreed the Chair would raise the issue with the Scrutiny Liaison Committee at its next meeting to discuss the next steps. It was also agreed a further letter be drafted asking if the Panel could have the information on a confidential basis and not circulate to its advisers at this stage in order to help inform its own Panel report.

The  Panel  discussed  the  recent  correspondence  it  had  received  from  Cicada Woodside in the form of a public written submission. The Panel agreed it would circulate the submission to its advisers for consideration and it would also be referenced, together with other public written submissions, within the Panel's own report.

The recently received letter from the Minister for Treasury and Resources dated 2nd July was noted and the Panel asked this be acknowledged and a briefing be arranged to discuss the upcoming amendments to the Finance Law regarding the Regulations for the taxation of the profits of companies whose business involved or related to cannabis or its derivatives. The Panel requested the officer liaise with the officer for Corporate Services Scrutiny Panel (CSSP) to ascertain if a joint briefing would be beneficial and co-ordinate accordingly. The Panel also noted that should a joint briefing not be possible, Senator Pallett in his capacity as a member of CSSP could act as a conduit in this area.

JH

JH

3. Jersey Competition Regulatory Authority (JCRA)

The Panel recalled its recent private meeting with the Chair and CEO of the JCRA stating it had been extremely positive. The Panel noted the transparency of the JCRA in the meeting and was encouraged by the discussion of projects going forward. The Panel agreed it would plan to meet with the JCRA every 6 months, if necessary, and continue to build on the good relationship.

The Panel was given an overview of the headings of its report which was currently being drafted and queried the area around the telecoms sector. The Panel recalled the telecoms sector had been penalised in Guernsey and not in Jersey for the same matter and asked if this could be referenced within the report. It was agreed a letter be sent to the CEO of the JCRA asking for clarification, the details of which could then be used in the Panel's final report.

BW

4. Regulation of Jersey Estate Agents

The Panel noted and approved the questions drafted for its survey to gather further evidence from the public and asked this be circulated as soon as possible.

BW

5. Channel Islands Lottery: Allocation of Proceeds from 2020

The Panel noted its recently lodged amendment to  P.53/2021 Channel Islands Lottery: Allocation of Proceeds from 2020 and agreed no further action would be required at this stage.

 

6. Public Hearing with the Assistant Minister for Economic Development, Tourism, Sport and Culture

The Panel recalled its recently held Public Hearing with the Assistant Minister for Economic Development, Tourism, Sport and Culture focusing on Jersey Sport and it

 

 

was agreed the action points would be circulated once the transcript had been received.

BW

7. Quarterly Public Hearing with the Minister for International Development

The  Panel  noted  its  upcoming  Quarterly  Public  Hearing  with  the  Minister  for International  Development  and  discussed  areas  of  questioning.   The  Panel requested a question plan be drafted and circulated for further discussion.

JH

8. Letter from PPC to Scrutiny Liaison Committee re 3-week States Sitting cycle

The Panel noted the letter sent to the Scrutiny Liaison Committee regarding the 3 week States Sitting and agreed it would respond individually and not as a Panel. It was agreed no further action would be taken at this stage.

 

9. Future Meetings

The Panel's next scheduled meeting was due to take place at 10am on Friday 16th July 2021 in Le Capelain Room, States Building and would include a Quarterly Public Hearing with the Minister for International Development.

 

Date:  16th July 2021

 

Present

Deputy David Johnson , Chair Deputy Steve Luce , Vice Chair Senator Steve Pallett [absent item 5]

Apologies

 

Absent

 

In attendance

Deputy Carolyn Labey , Minister for International Development [item 5 only] Simon Boas, Director, Jersey Overseas Aid [item 5 only]

Edward Lewis , Programme Officer, Jersey Overseas Aid [item 5 only]

Janice Hales , Committee and Panel Officer Ben Walker , Research and Project Officer

 

Agenda matter

Action

1. Records of Meetings

The Panel approved the records of its meetings dated 2nd July [public and private] and 5th July.

 

2. Regulations  for  the  Licence  Application,  Production  and  Export  of Medicinal Cannabis on Jersey

The Panel noted receipt of the first draft of its expert advisers report. The Panel also noted the report was waiting the section on tax and was incomplete in other areas. It was agreed the Panel would continue to review the report and wait for it to be complete before meeting with the advisers for discussion. The Panel was informed drafting had begun on its own report and the Panel would be updated as necessary.

The Panel noted it had received the 3 licence applications it had requested from the Department of Health and Social Services however, these were provided to the Panel in confidence and were not to be shared with its advisers. On review of the applications, the Panel agreed it was crucial these be shared with its advisers in order to provide a full and detailed review of the licence application process. The Chair informed the Panel he had raised the issue at the recent meeting with the Scrutiny Liaison Committee (SLC) and would raise it at the meeting due to be held with the Chief Minister and SLC later that day.

The Panel was informed by the Vice Chair, in his capacity as a member of the Planning Committee, that there were serious issues around the planning application processes of recent sites in relation to the medicinal cannabis industry. It was also informed the Chair of the Planning Committee intended to write to the Minister for the Environment, Housing and Infrastructure to raise these issues and the Vice Chair would ask if the Panel could have a copy of the correspondence and be kept informed of any developments.

JH

SL

 

3. Jersey Competition Regulatory Authority (JCRA)

The Panel was informed the report was currently with Quality Assurance (QA) and would be circulated to the Panel following its completion.

BW

4. Regulation of Jersey Estate Agents

The Panel was informed the survey had gone live with a two week deadline in which to respond. The Panel requested a briefing document be circulated once the survey was complete to highlight the key themes.

BW

5. Public Hearing with the Minister for International Development

The Panel welcomed the Minister for International Development to a Quarterly Public Hearing. The hearing was recorded and webcast live via Microsoft Teams and a transcript was produced.

 

6. Future Meetings

The Panel's next scheduled meeting was due to take place at 10am on Friday 30th July 2021 via Microsoft Teams and would include a Quarterly Public Hearing with the Minister for Economic Development, Tourism, Sport and Culture.

 

Date:  28th July 2021

 

Present

Deputy David Johnson , Chair Deputy Steve Luce , Vice Chair Senator Steve Pallett

Apologies

 

Absent

 

In attendance

Matt Thomas, CEO, Ports of Jersey Darren Scott , Chief of Staff, Ports of Jersey

Janice Hales , Committee and Panel Officer

 

Agenda matter

Action

1. Meeting with Ports of Jersey (PoJ)

The Panel welcomed the CEO and the Chief of Staff of Ports of Jersey to a meeting to discuss the current status of PoJ and to receive a general update. This meeting was held in private in accordance with the Freedom of Information (Jersey) Law 2011 (as amended) under Qualified Exemption Article 35.

 

Date:  30th July 2021

 

Present

Deputy David Johnson , Chair Deputy Steve Luce , Vice Chair Senator Steve Pallett

Apologies

 

Absent

 

In attendance

Janice Hales , Committee and Panel Officer Ben Walker , Research and Project Officer

 

Agenda matter

Action

1. Records of Meetings

The Panel approved the records of its meetings held on 9th and 16th July 2021.

 

2. Regulations  for  the  Licence  Application,  Production  and  Export  of Medicinal Cannabis on Jersey

The Panel recalled the advice it had received from the Law Officers Department (LOD) on 27th July and noted that, whilst general in nature, it did not address some specific concerns (as to the Panel's position in certain eventualities) which it had previously raised. The Panel also recalled the follow up it had sent to LOD on 28th July asking for clarification on the points it had raised in its original email and was informed a response had not yet been received. The Panel discussed and agreed it would be beneficial to hold a meeting with the Minister for Health and Social Services and asked that this be arranged as soon as possible. The Panel also requested the LOD be contacted for a response to its email prior to the meeting to allow it the opportunity to review the advice and respond accordingly. It was also noted the redacted licence applications had not yet been received.

JH

3. Jersey Competition Regulatory Authority (JCRA)

The Panel was informed the draft report was currently being amended and would be circulated early the following week for further consideration.

BW

4. Regulation of Jersey Estate Agents

The Panel was informed the briefing paper following the results of the survey was due imminently and the data from the survey had been exported to a spreadsheet and circulated to the Panel.

BW

5. Public Hearing with the Assistant Minister for Economic Development, Tourism, Sport and Culture – focusing on Jersey Sport

The Panel noted the outstanding action points from the recently held Public Hearing and was informed these would be followed up with the Department as soon as possible.

 

 

6. Ports of Jersey

The Panel discussed its recent private meeting with the Ports of Jersey (PoJ) and recalled their offer of further briefings to discuss the Harbour Master Plan. The Panel asked these be co-ordinated in due course.

JH

7. Any Other Business

The Panel requested items 7 and 8 of its agenda be rolled to the next scheduled meeting agenda to allow it to focus on defining the question plan for its upcoming Public Hearing with the Minister for Economic Development, Tourism, Sport and Culture.

 

8. Public  Hearing  with  the  Minister  for  Economic  Development,  Tourism, Sport and Culture

The Panel welcomed the Minister for External Relations and Financial Services to a Quarterly Public Hearing. The hearing was recorded and webcast live via Microsoft Teams and a transcript was produced.

 

9. Future Meetings

The Panel's next scheduled meeting was due to take place at 10am on Friday 6th August 2021 via Microsoft Teams.

 

 

Present

Deputy David Johnson , Chair Deputy Steve Luce , Vice Chair Senator Steve Pallett

Apologies

 

Absent

 

In attendance

Deputy Richard Renouf , Minister for Health and Social Services [item 2 only]

Paul McCabe, Chief Pharmacist [item 2 only]

Paul Bradbury, Head of Ministerial Support [item 2 only]

Janice Hales , Committee and Panel Officer Ben Walker , Research and Project Officer

 

Agenda matter

Action

1. Regulations for the Licence Application, Production and Export of Medicinal Cannabis on Jersey

The Panel recalled the advice it had received from the Law Officers Department (LOD) on 2nd August and noted that, whilst general in nature, it did not address some specific concerns (as to the Panel's position in certain eventualities) which it had previously raised. The Panel also recalled that the advice, whilst addressing its concerns to an extent, included the suggestion that a Non-Disclosure Agreement (NDA) be presented to its advisers as a further safeguard, should the documents be released to them for review. The Panel reaffirmed its reluctance to do this due to the fact it considered its advisers were already bound under confidentiality within the current contract and agreed it would discuss this further at its meeting with the Minister for Health and Social Services.

 

2. Meeting with Minister for Health and Social Services

The Panel welcomed the Minister for Health and Social Services to a meeting to discuss the licence applications for Medicinal Cannabis. This meeting was held in private in accordance with the Freedom of Information (Jersey) Law 2011 (as amended) under Qualified Exemption Article 35.

 

 

Present

Deputy David Johnson , Chair Deputy Steve Luce , Vice Chair Senator Steve Pallett

Apologies

 

Absent

 

In attendance

Janice Hales , Committee and Panel Officer Ben Walker , Research and Project Officer

 

Agenda matter

Action

1. Regulations  for  the  Licence  Application,  Production  and  Export  of Medicinal Cannabis on Jersey

The Panel noted receipt of the redacted licence applications received on 3rd August from the Head of Ministerial Support on behalf of the Department of Health and Social Services. The Panel discussed the level of redaction and agreed that whilst it was minimal',  it  was  concerned  that  one  particular  area  of  redaction,  namely  the experience of relevant personnel, may be something the advisers would need to review. The Panel agreed it would discuss this further once it had received feedback from the advisers. The Panel also noted receipt of email correspondence received on 3rd and 4th August from the Law Officers Department (LOD) in response to the Panel's request asking for advice on the outcome if it were to send the information to the  advisers  under  the  current  confidentiality  clauses  which  its  advisers  were currently bound. The Panel noted that whilst the LOD had provided suggestions, the advice was unclear and asked they be contacted with the areas of concern clearly listed as specific questions.

JH

2. Jersey Competition Regulatory Authority (JCRA)

The Panel discussed the recently circulated draft report and discussed areas of amendment to include additional findings and recommendations. It was agreed the report would be re-circulated for further consideration.

BW

 

Present

Deputy David Johnson , Chair Deputy Steve Luce , Vice Chair Senator Steve Pallett

Apologies

 

Absent

 

In attendance

Janice Hales , Committee and Panel Officer Ben Walker , Research and Project Officer

 

Agenda matter

Action

1. Records of Meetings

The Panel noted and approved the record of meetings dated 28th July [public and private].

 

2. Review of the Regulations for the licensing, production and export of Medicinal Cannabis in Jersey

The Panel discussed the email correspondence received from the Law Officers Department (LOD) on 5th August regarding its request for clarification on the request from the Minister for Health and Social Services for the Panel's advisers to enter into a Non-Disclosure Agreement (NDA).

The Panel noted that whilst the advice suggested the Panel could invite its advisers to enter into an additional safeguarding agreement which would be necessary for auditing purposes, it was not necessarily a requirement. The Panel also noted the advice made reference to the clause in the existing contract template relating to confidentiality and Official Secrets and that the relevant clause required the Panel's advisers to keep the relevant material confidential. The Panel therefore agreed it was appropriate to forward the redacted licence applications to its advisers but that, prior to doing so, it would send a letter to the Minister for Health and Social Services advising him of its decision to do so at 12 noon on Monday 9th August. The Panel agreed wording for the letter and requested it be sent as soon as possible. The Panel also discussed wording for a covering email to its advisers to be used when sending the documents and requested this be drafted and circulated for approval by Monday morning.  

The Panel noted receipt of the second draft of the advisers report and discussed areas which needed clarification. The Panel also discussed that the report may need to  be  amended  further  by  the  advisers  following  their  receipt  of  the  licence applications and agreed it would await the update before a Panel/Adviser meeting.  

JH

 

The Panel noted the recently circulated States Members briefing on Medicinal Cannabis by the Minister for Economic Development, Tourism, Sport and Culture on 28th September. The Panel asked if further details could be obtained on this meeting in due course in time for the Panel to review beforehand.

 

3. Review of the Demerger of CICRA and Formation of the JCRA

The Panel discussed the recently circulated updated Report and agreed that subject to additional amendments, the Report would be re-circulated via Microsoft Teams for further consideration.

BW

4. Regulation of Jersey Estate Agents

The Panel recalled the briefing paper summarising the key responses to the Panel's Regulation of Jersey Estate Agent's survey, which finished on 28th July 2021.

The Panel discussed the findings from the survey and agreed to undertake a Review in relation to the Regulation of Jersey Estate Agents. The Panel requested Terms of Reference and Scoping documents be drafted for further consideration.

BW

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

The Panel recalled that it had received the Minister for Economic Development, Tourism, Sport and Culture on 30th July 2021 for a Quarterly Public Hearing, and that action points would be considered once a transcript had been produced.

 

6. Recently Lodged Propositions/Reports

  • R.129/2021 - Jersey Gambling Commission Annual Report and Accounts 2020: The Panel agreed to read the report R.129/2021 and consider as part of its agenda for the Panel's next scheduled meeting.
  • R.127/2021 - Jersey Consumer Council Annual Report 2020:  The Panel discussed the report R.127/2021 and agreed that it did not require further action at this stage.
  • R.128/2021 - States of Jersey Law 2005: Delegation of Functions – Minister for  Economic  Development,  Tourism,  Sport  and  Culture   Shipping Delegations: The Panel discussed the Report R.128/2021 and agreed that it did not require any further action at this stage.

JH

7. Culture

The Panel discussed holding a Public Hearing with the Minister for Economic Development, Tourism, Sport and Culture specifically in relation to Heritage Arts and Culture. The Panel requested that this be arranged for some time in September 2021.

JH

8. Future Meetings

The Panel's next scheduled meeting was due to take place at 10am on Friday 13th August 2021 via Microsoft Teams.

 

 

Present

Deputy David Johnson , Chair Deputy Steve Luce , Vice Chair Senator Steve Pallett

Apologies

 

Absent

 

In attendance

Janice Hales , Committee and Panel Officer Ben Walker , Research and Project Officer

 

Agenda matter

Action

1. Regulations for the Licence Application, Production and Export of Medicinal Cannabis on Jersey

The Panel discussed the email it had received on 5th August from its officer following a conversation held with its officer and the Greffier of the States. The Panel recalled the content of the email in which it was informed that the Minister for Health and Social Services had proposed providing a covering letter to the Panel highlighting the confidentiality of the licence applications and the importance of the content remaining confidential. The Panel could then forward this letter to the advisers on behalf of the Minister with the accompanying documents.

The Panel recalled the legal advice it had received and its recent decision to release the redacted documents to its advisers following that advice but without any covering letter from the Minister. It was therefore agreed the Panel would continue with its agreed approach. The Panel made slight amendments to its covering email to its advisers which highlighted the confidentiality issue and agreed to write to the Greffier of the States informing him of its decision to release the documents as planned.

 

 

Present

Deputy David Johnson , Chair Deputy Steve Luce , Vice Chair Senator Steve Pallett

Apologies

 

Absent

 

In attendance

Janice Hales , Committee and Panel Officer Ben Walker , Research and Project Officer

 

Agenda matter

Action

1. Jersey Competition Regulatory Authority (JCRA)

The Panel noted that its final Report following the Review of the Demerger of CICRA and Future Operation of the JCRA, had been circulated virtually by the Officer on Microsoft Teams on 11th August 2021.

In the absence of further proposed amendments and comments by Panel Members, the final Report was approved for presentation to States Members and the public on 13th August 2021.

BW

 

Present

Deputy David Johnson , Chair Deputy Steve Luce , Vice Chair Senator Steve Pallett

Apologies

 

Absent

 

In attendance

Janice Hales , Committee and Panel Officer Ben Walker , Research and Project Officer

 

Agenda matter

Action

1. Records of Meetings

The Panel approved the records of its meetings held on 5th July [public and private] 26th and 30th July and 2nd and 5th August [public and private] 2021.

 

2. Regulations  for  the  Licence  Application,  Production  and  Export  of Medicinal Cannabis on Jersey

The Panel was informed its advisers had confirmed receipt of the redacted licence applications but had not yet provided any input. The Panel was also informed this would be followed up and monitored accordingly with an update as soon as possible.

The Panel noted the newly formed Cannabis Trade Body which involved members of the medical cannabis cultivation businesses as part of the Board. The Panel requested a letter be drafted to the Minister for Economic Development, Tourism, Sport and Culture asking for more information on the trade body.

JH

3. Jersey Competition Regulatory Authority (JCRA)

The Panel noted presentation of its report to all States Members and the media. The Panel noted that the report had been approved via discussions on Teams and via email and was concerned this could lead to certain items within the report being misinterpreted if they were not discussed in person. The Panel agreed that to avoid this scenario occurring, it would meet either virtually or in person for all future report approvals to ensure any issues or concerns are discussed prior to approval.

JH/BW

4. Regulation of Jersey Estate Agents

The Panel noted the recently circulated briefing paper and agreed it would undertake a review into the Regulation of Jersey Estate Agents. The Panel discussed areas for Terms of Reference and a Scoping Document and asked these be drafted and circulated for further discussion.

BW

5. Ports of Jersey

The Panel noted its upcoming briefing with the Ports of Jersey (PoJ) and asked, if possible, the time be extended by 30 minutes to include questions on the Jersey

 

 

Aircraft Registry (JAR). The Panel agreed that depending on the response received from its questions on the JAR, it would follow up with some written questions to the Minister  for  Economic  Development,  Tourism,  Sport  and  Culture  for  further clarification, if necessary.

JH

6. Jersey Gambling Commission

The  Panel  noted  the  recently  lodged  annual  report  for  the  Jersey  Gambling Commission (JCG) and requested a private meeting be arranged with the JGC to discuss their report and work in general.

JH

7. Future Meetings

The Panel's next scheduled meeting was due to take place at 10am on Friday 20th August 2021 via Microsoft Teams.

 

 

Present

Deputy David Johnson , Chair Deputy Steve Luce , Vice Chair Senator Steve Pallett

Apologies

 

Absent

 

In attendance

Matt Thomas, Chief Executive Officer, Ports of Jersey [item 7only] Darren Scott , Chief of Staff, Ports of Jersey [item 7 only]

Janice Hales , Committee and Panel Officer Ben Walker , Research and Project Officer

 

Agenda matter

Action

1. Records of Meetings

The Panel approved the records of its meetings held on 6th and 9th August 2021.

 

2. Regulations  for  the  Licence  Application,  Production  and  Export  of Medicinal Cannabis on Jersey

The Panel was informed the advisers were in the process of finalising their 3rd draft of the report which would be circulated as soon as possible. The Panel requested a meeting be arranged with the advisers following receipt of the report for further discussion.

JH

3. Regulation of Jersey Estate Agents

The Panel was informed the Terms of Reference and Scoping Document were currently being drafted and would be circulated as soon as possible. The Panel was also informed a new Channel on Microsoft Teams would be created for the purposes of sharing documents with the Panel for this review.

BW

4. Public Hearing with the Assistant Minister for Economic Development, Tourism, Sport and Culture – focusing on Jersey Sport

The Panel noted the responses received from the Department in relation to Jersey Sport. The Panel raised concern around the timeframe and planning dates proposed for various projects and agreed it would wait until September and the release of the Government Plan 2022 – 2024 before following up. The Panel requested this topic be included on its scheduled meeting agenda for mid-September.

JH/BW

5. Future Meetings

The Panel's next scheduled meeting was due to take place at 10am on Friday 27th August 2021 via Microsoft Teams.

 

6. Briefing – Harbour Masterplan

 

 

The Panel received Matt Thomas, Chief Executive Officer, Ports of Jersey (CEO) (PoJ) and Darren Scott , Chief of Staff, Ports of Jersey (CoS) for a private briefing on the Islands Harbour Master Plan. This meeting was held in private in accordance with the  Freedom  of  Information  (Jersey)  Law  2011  (as  amended)  under  Absolute Exemption Article 26 and a private record was taken.

 

 

Present

Deputy David Johnson , Chair Deputy Steve Luce , Vice Chair Senator Steve Pallett

Apologies

 

Absent

 

In attendance

Stephanie Peat, Head of Digital Economy [item 1 only] Jonathan Van Neste, Senior Policy Officer [item 1 only]

Jason Lane, Chief Executive, Jersey Gambling Commission [item 2 only] Cyril Whelan, Chair, Jersey Gambling Commission [item 2 only]

Janice Hales , Committee and Panel Officer Ben Walker , Research and Project Officer

 

Agenda matter

Action

1. Briefing on Draft Electronic Communications (E-Comms)

The Panel welcomed officers from the Financial Services Department for a briefing on the upcoming changes to the E-Comms law following the lodging of P.81/2021 Draft Electronic Communications (Amendment No 2) (Jersey) Law 202-.

The Panel recalled the in depth briefing it had received in May 2021 on the upcoming changes to the E-Comms law and was informed that the purposes of the briefing was to receive an update, following the lodging of the proposition. The Panel was informed there had been no new additions to the amendments since its previous briefing  and  it  was  hoped  the  amendments  would  be  approved  by  the  States Assembly in October 2021.

The Panel was reminded that whilst there were businesses currently operating successfully in the E-Comms environment with regards to remote witnessing and signatories on behalf of others, the amendments would provide clarity and set out the regulations. The Panel was also reminded that since the Covid-19 pandemic, working from home had become normal practice for most financial services firms and in order to remain competitive, Jersey needed to bring these amendments to provide additional safeguards and alignment with international best practice.

The Panel thanked the officers for their time in providing the update and they exited the video conference.

 

2. Meeting with Jersey Gambling Commission

The Panel welcomed members of the Jersey Gambling Commission to a meeting following the presentation of  R.129/2021 Jersey Gambling Commission Annual Report and Accounts 2020. This meeting was held in private in accordance with the

 

 

Freedom of Information (Jersey) Law 2011 (as amended) under Qualified Exemption Article 35.

 

 

Present

Deputy David Johnson , Chair Deputy Steve Luce , Vice Chair Senator Steve Pallett

Apologies

 

Absent

 

In attendance

Janice Hales , Committee and Panel Officer Ben Walker , Research and Project Officer

 

Agenda matter

Action

1. Review of the Regulations for the licensing, production and export of Medicinal Cannabis in Jersey

The Panel discussed the latest version of its advisers report in preparation for its upcoming meeting with them on 26th August.

The Panel had a number of queries to which it required further clarification and following their discussion, asked these be recorded and circulated to the Panel to assist in its adviser meeting.

JH

 

Present

Deputy David Johnson , Chair Deputy Steve Luce , Vice Chair Senator Steve Pallett

Apologies

 

Absent

 

In attendance

Wayne Pisani, Grant Thornton, Malta, Panel Advisers Jessica Bourg, Grant Thornton, Malta, Panel Advisers Mario Galea, Grant Thornton, Malta, Panel Advisers Nathan Catania, Grant Thornton, Malta, Panel Advisers Daniel Gravino, Grant Thornton, Malta, Panel Advisers

Janice Hales , Committee and Panel Officer Ben Walker , Research and Project Officer

 

Agenda matter

Action

1. Review of the Regulations for the licensing, production and export of Medicinal Cannabis in Jersey

The Panel met with its advisers to discuss the most recent draft of their report.

The Panel had a number of queries and discussed these with the advisers following which it asked if minor amendments could be made to the report in these areas. The Panel advisers agreed they would make these amendments and a final draft would be circulated in due course for Panel's consideration.

JH

Present

Deputy David Johnson , Chair Deputy Steve Luce , Vice Chair Senator Steve Pallett

Apologies

 

Absent

 

In attendance

James Roberts, Acting Director, Financial Services Unit [item 1 only] Helen De La Cour, Associate Director, Financial Services Unit [item 1 only] Charlotte Brambilla, Lead Policy Advisor, Financial Services Unit [item 1 only]

Janice Hales , Committee and Panel Officer Ben Walker , Research and Project Officer

 

Agenda matter

Action

1. Briefing – Financial Services Unit (FSU) Initiatives

The  Panel  received  Government  Officials  from  the  FSU,  for  a  briefing  on  the development of various financial services initiatives. This meeting was held in private in accordance with the Freedom of Information (Jersey) Law 2011 (as amended) under Qualified Exemption Article 35.

 

2. Quarterly  Public  Hearing  with  the  Minister  for  External  Relations  and Financial Services

The Panel discussed its recently circulated question plan for its upcoming Quarterly Public  Hearing  with  the  Minister  for  External  Relations  and  Financial  Services (MERFS) on 10th September 2021. The Panel recalled its recent discussions on the Jersey Aircraft Registry (JAR) and noted the recently lodged Proposition, P.64/2021 Amendment to the Civil Aviation (Jersey) Law 2008 by the MERFS and queried if the amendment would have any impact to the JAR as it currently stood. The Panel requested a letter be drafted to the MERFS asking the impact of the amendment, if any, on the JAR.

JH/BW

3. Review of the Regulations for the licensing, production and export of Medicinal Cannabis in Jersey

The Panel discussed the areas of key findings and recommendations it would like to consider as part of its report. These were noted and it was agreed a draft list of key findings and recommendations would be circulated in due course.

JH

Present

Deputy David Johnson , Chair Deputy Steve Luce , Vice Chair

Apologies

Senator Steve Pallett

Absent

 

In attendance

Janice Hales , Committee and Panel Officer Ben Walker , Research and Project Officer

 

Agenda matter

Action

1. Review of the Regulations for the licensing, production and export of Medicinal Cannabis in Jersey

The Panel discussed the recently circulated draft key findings and recommendations to be considered as part of its report. The Panel agreed it would like to use stronger wording in some of the key findings and recommendations which were noted. It was agreed a first draft of the full report would be circulated for discussion at the Panel's meeting on 17th September 2021.

 

2. Jersey Estate Agents Association

The Panel discussed and approved the Terms of Reference and Scoping Document for the review. It was agreed a press release would be drafted and circulated to the Chair for approval to launch the review.

BW

3. Memorandum of Understanding (MoU) for States Owned Entities (SoE)

The Panel recalled the letter it had sent to the Minister for Treasury and Resources and the subsequent response received on 1st July 2021. The Panel requested a response be drafted asking for an update in the delay of signing the MoU's and to acknowledge the Minister's offer of a briefing to the Panel on this subject.

JH

4. Quarterly  Public  Hearing  with  the  Minister  for  External  Relations  and Financial Services

The Panel welcomed the Minister for External Relations and Financial Services (MERFS) to a Quarterly Public Hearing. The hearing was recorded and webcast live via Microsoft Teams and a transcript was produced.

 

5. Future Meetings

The Panel noted and agreed its next scheduled meeting would take place on 17th September 2021 at 10.30am via Microsoft Teams and would be focused on its draft report into the review of the regulations for the licencing, production and export of medicinal cannabis in Jersey. The Panel also agreed that following the easing of restrictions regarding Covid-19 on person to person meetings, it would continue to meet via Microsoft Teams for Panel meetings however, would meet in person for any Ministerial meetings or Public Hearings. The Panel agreed this would be subject to change and would continue to review the situation.

 

Present

Deputy David Johnson , Chair Deputy Steve Luce , Vice Chair

Apologies

Senator Steve Pallett

Absent

 

In attendance

Janice Hales , Committee and Panel Officer Ben Walker , Research and Project Officer

 

Agenda matter

Action

1. Review of the Regulations for the licensing, production and export of Medicinal Cannabis in Jersey

The Panel discussed the recently circulated draft report. The Panel made a number of changes to the key findings and recommendations and asked that the order to the report layout be changed. It was noted the Chair would provide a Chair's Foreword in due course and the Panel agreed it would meet on Wednesday 29th September to discuss the next draft, once amended.

JH

Present

Deputy David Johnson , Chair Deputy Steve Luce , Vice Chair Senator Steve Pallett

Apologies

 

Absent

 

In attendance

Janice Hales , Committee and Panel Officer

 

Agenda matter

Action

1. Review of the Regulations for the licensing, production and export of Medicinal Cannabis in Jersey

The Panel discussed the recently circulated draft report following the amendments made  to  the  previous  version.  The  Panel  approved  the  Key  Findings, Recommendations and Executive Summary and agreed it would review the main body of its report at its meeting on 1st October 2021. It was agreed that an updated version would be circulated prior to this meeting and the Panel would provide comments in the interim, if possible.

JH

Present

Deputy David Johnson , Chair Deputy Steve Luce , Vice Chair Senator Steve Pallett

Connétable Michael Jackson , Chair, EHI Panel Connétable John Le Maistre, Vice Chair, EHI Panel Deputy Graham Truscott, Member, EHI Panel

Apologies

 

Absent

 

In attendance

Senator Ian Gorst , Minister for External Relations and Financial Services Deputy John Young, Minister for the Environment

Deputy Gregory Guida, Minister for Home Affairs

Greg Morel , Assistant Director, Infrastructure, Housing and Environment David Le Marquand, Private Secretary to Minister for External Relations and Financial Services

Ben Markwell Sales, Private Secretary to Minister for Environment

Janice Hales , Committee and Panel Officer

 

Agenda matter

Action

1. Fishing Rights in Jersey Waters

The Panel, together with the Environment, Housing and Infrastructure Panel (EHI) received the Minister for External Relations and Financial Services, the Minister for Environment and the Minister for Home Affairs together with Departmental officers to a joint briefing on Fishing Rights in Jersey Waters. This meeting was held in private in accordance with the Freedom of Information (Jersey) Law 2011 (as amended) under Qualified Exemption Article 35.

 

 

Present

Deputy David Johnson , Chair Deputy Steve Luce , Vice Chair Senator Steve Pallett

Apologies

 

Absent

 

In attendance

Janice Hales , Committee and Panel Officer Ben Walker , Research and Project Officer

 

Agenda matter

Action

1. Records of Meetings

The Panel noted and approved the records of meetings dated 1st September [public and private] and 10th and 17th September.

 

2. Review of the Regulations for the licensing, production and export of Medicinal Cannabis in Jersey

The Panel discussed the status of its report and was advised the latest draft was due to be circulated for further discussion at its meeting on 4th October.

JH

3. Review of the Regulation of Jersey Estate Agents

The Panel received a verbal update on the status of its review and was informed that stakeholder letters had been drafted and would be circulated for Panel approval. The Panel was informed that placeholder dates for Public Hearings would also be circulated shortly. The Panel discussed correspondence received from a member of the Public who had asked for a meeting with the Panel. The Panel asked this be arranged via Microsoft Teams in due course.

BW

4. Government Plan 2022 - 2025

The Panel noted receipt of the list of projects relevant to it in relation to the recently lodged Government Plan 2022 – 2025. The Panel agreed it would look into a number of areas namely:

  • Inspiring Sports Project
  • Arts Culture and Heritage
  • Redevelopment of Elizabeth Castle
  • Redeployment of Fort Regent
  • External Relations and Financial Services Ongoing Budget
  • Jersey Overseas Aid Funding
  • Island Identity Project

 

 

The Panel noted Public Hearings had been arranged for the Government Plan and asked letters be drafted to the relevant Ministers with questions on these areas to help formulate additional areas of questioning at the upcoming Hearings.

JH/BW

5. Memorandum of Understanding (MoU's)

The Panel recalled the recent correspondence from the Minister for Treasury and Resources regarding States arm's length bodies and the assigned MoU's. The Chair agreed to draft a briefing note to the Panel regarding the ongoing issue of MoU's which would help formulate a response to the Minister. The Panel requested a copy of the previous signed MoU for the Ports of Jersey (PoJ) be circulated so that it could be compared with the most recent copy and also requested a meeting be arranged in due course to solely discuss MoU's.

DJ/JH BW

6. Consultation on the Financial Stability Board

The Panel noted the recently published consultation paper on proposals to improve the operation of the Financial Stability Board (FSB) and noted no further action would be needed at this time.

 

7. JCRA review of effect of minimum pricing in licensing trade

The Panel discussed the recently lodged review by the JCRA as requested by the Attorney General into the effect of minimum pricing in licensing trade. The Panel requested that questions be drafted for its next Public Hearing with the Minister for Economic Development, Sport and Culture who had responsibility for this area.

JH/BW

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

The Panel noted and agreed the Minister's request to postpone the Public Hearing, due today, to another date due to his attendance at a funeral.

JH

9. Future Meetings

The Panel's next scheduled meeting was due to take place at 10am on Friday 8th October 2021 via Microsoft Teams/Le Capelain Room.

 

Present

Deputy David Johnson , Chair Deputy Steve Luce , Vice Chair Senator Steve Pallett

Apologies

 

Absent

 

In attendance

Richard Buchanan, Assistant Minister for Financial Services and External Relations [item one only]

George Pearmain, Director of Financial Crime [item one only]

Bastain Hertstein, Associate Director of Financial Crime [item one only] Kerrie Petulla, Director of Enforcement, JFSC [item one only]

Steven De Gruchy, Adviser in Enforcement, JFSC [item one only]

Janice Hales , Committee and Panel Officer

 

Agenda matter

Action

1. Consultation on the Proposed Changes to the Jersey Financial Services Commission (JFSC) Civil Penalties Regime

The Panel received the Assistant Minister for External Relations and Financial Services together with Departmental officers and representatives from the JFSC for a briefing on the Consultation on the Proposed Changes to the JFSC's Civil Penalties Regime. This meeting was held in private in accordance with the Freedom of Information (Jersey) Law 2011 (as amended) under Qualified Exemption Article 35.

 

2. Review of the Regulations for the licensing, production and export of Medicinal Cannabis in Jersey

The Panel discussed the recently circulated draft report following the amendments made to the previous version. The Panel provided comments to certain areas and asked these be incorporated with a new version circulated for further discussion.

JH

 

Present

Deputy David Johnson , Chair Deputy Steve Luce , Vice Chair Senator Steve Pallett

Apologies

 

Absent

 

In attendance

Janice Hales , Committee and Panel Officer Ben Walker , Research and Project Officer

 

Agenda matter

Action

1. Review of the Regulations for the licensing, production and export of Medicinal Cannabis in Jersey

The Panel approved the narrative of its report and requested it be sent to the relevant Ministers for factual checking prior to presentation. The Panel also discussed the Conclusion section of its report and was informed that as this section did not need to go to the Minister for factual checking, further amendments could be made, if required. The Panel agreed it would review the conclusion and discuss at its next meeting on 15th October.

JH

 

Present

Deputy David Johnson , Chair Senator Steve Pallett

Apologies

Deputy Steve Luce , Vice Chair

Absent

 

In attendance

Janice Hales , Committee and Panel Officer Ben Walker , Research and Project Officer

 

Agenda matter

Action

1. Review of the Regulations for the licensing, production and export of Medicinal Cannabis in Jersey

The Panel discussed the status of its report and was informed drafts had been sent to the Minister for Economic Development, Tourism Sport and Culture, Minister for Health and Social Services, Minister for Environment and the Minister for Treasury and Resources without the findings and recommendations for the purposes of checking for factual accuracy. The Panel was further informed the comments were due back by 19th October at 1pm. It was agreed that a meeting would be arranged shortly after this date to review the comments and discuss presentation of the report.

The Panel noted P.93/2021 Draft Income Tax (Amendment of Law – Taxation of Cannabis Companies) (Jersey) Regulations 202- had recently been lodged by the Minister for Treasury and Resources. The Panel discussed the relevance of this proposition to its report however, noted it came under the remit of the Corporate Services Scrutiny Panel (CSSP). It was agreed the Chair would write to the Chair of CSSP highlighting the Panel's interest and to ascertain if CSSP had planned to undertake any work on the proposition. Following this, the Panel would discuss the next steps, if any.

JH

DJ

2. Review of the Regulation of Jersey Estate Agents

The Panel was informed that invitations to Public Hearings on the 27th and 28th October 2021, had been sent to the Chief Minister (CM) and the Ministers' for Children and Education (MC&E) and Housing and Communities (MH&C). It was also informed that following its recent call for evidence, a number of submissions had been received which included a submission in relation to anti-money laundering regulations. The Panel recalled it had targeted a number of specific estate agents in its initial call for evidence and following further discussion, agreed that a further, more specific call for evidence to be circulated on social media targeting all estate agents.

The Panel questioned whether it was necessary to receive the MC&E for a Public Hearing, and whether the regulation of estate agents would impact on children. The Panel  requested  that  the  officer  draft  correspondence  to  the  Children's Commissioner, in relation to the impact on children, asking for views both for and against the regulations and based on the response, would then discuss if a Public Hearing  with  the  MC&E  would  be  necessary.  The Panel  also  noted  that  the

 

 

submission relating to anti-money laundering regulations was under the remit of the Minister  for  External  Relations  and  Financial  Services  (MERFS).  The  Panel requested that a letter was drafted to the MERFS in relation to anti-money laundering regulations, asking for the Minister's views on estate agent training, qualifications and handling of client monies.

The Panel noted that Deputy Montfort Tadier had expressed an interest in being co- opted to the Panel for the purposes of this particular review. The Panel agreed to the Deputy being co-opted and confirmed it would be recorded at its next scheduled meeting on 22nd October 2021. It was agreed the Chair would inform Deputy Tadier of the Panel's decision via email and the officer would be in touch to provide further information on the review status.

The Panel recalled that the review had commenced with focus on the regulation of estate  agents  involved  in  property  transactions.  The  Panel  agreed  that  any information received during the course of the review, relating to estate agent property letting and management was outside the scope of its Terms of Reference and would be highlighted as evidence to be used in a follow-up review, if necessary.

BW

BW

3. Government Plan 2022 - 2025

The Panel noted it had received written responses from each of the relevant Ministers in relation to its questions regarding the Government Plan. The Panel discussed additional areas of questioning based on the written responses and requested question plans be circulated for further discussion. The Panel also agreed that based on the response it had received from the Minister for External Relations and Financial Services, it would not require a public hearing as it believed the written response to be sufficient at this time.

JH/BW

4. Demerger of CICRA and Future Operation of the JCRA

The Panel noted the recently received Ministerial Response (MR) to its review on the Demerger of CICRA and Future Operation of the JCRA. The Panel agreed it would review the MR and discuss the next steps, if any, at its next scheduled meeting.

JH/BW

5. Future Meetings

The Panel's next scheduled meeting was due to take place at 10am on Friday 22nd October 2021 via Microsoft Teams/Le Capelain Room.

 

Present

Deputy David Johnson , Chair Deputy Steve Luce , Vice Chair Senator Steve Pallett

Apologies

 

Absent

 

In attendance

Beth Davies - Principal External Relations Officer (Brexit and Trade)

Phil Roberts – External Relations Policy Officer

Roisin O'Brien – Assistant External Relations Officer

David Le Marquand – Private Secretary to Minister for External Relations and Financial Services

Janice Hales , Committee and Panel Officer

 

Agenda matter

Action

1. Principles for Jersey's Participation in UK Free Trade

The Panel received Departmental officers for a briefing on the Principles for Jersey's Participation in UK Free Trade. This meeting was held in private in accordance with the  Freedom  of  Information  (Jersey)  Law  2011  (as  amended)  under  Qualified Exemption Article 35.

 

 

Present

Deputy David Johnson , Chair Deputy Steve Luce , Vice Chair Senator Steve Pallett

Apologies

 

Absent

 

In attendance

Janice Hales , Committee and Panel Officer Ben Walker , Research and Project Officer

 

Agenda matter

Action

1. Review of the Regulations for the licensing, production and export of Medicinal Cannabis in Jersey

The Panel noted the recently received comments on its report from the Minister for Economic Development, Tourism Sport and Culture, Minister for Health and Social Services, Minister for the Environment and the Minister for Treasury and Resources. The Panel discussed each of the comments in detail raising a number of concerns, in particular, those relating to regulatory issues. It was agreed additional information was needed and following further discussion and input, the Panel requested that this was requested from the Department as soon as possible.

JH

 

Present

Deputy David Johnson , Chair Senator Steve Pallett

Apologies

Deputy Steve Luce , Vice Chair

Absent

 

In attendance

Janice Hales , Committee and Panel Officer Ben Walker , Research and Project Officer

 

Agenda matter

Action

1. Records of Meetings

The  Panel  agreed  the  records  of  its  meetings  held  on  29th  September,  30th September, 1st October, 4th October [public and private] and 11th October.

 

2. Review of the Regulation of Jersey Estate Agents

The Panel agreed to the co-opting of Deputy Tadier to the Panel for the purposes of this review. It was agreed a new Microsoft Teams channel would be created specific to the review to allow Deputy Tadier access. The Panel discussed its upcoming Public Hearings and the base of its generic questioning. It was agreed a question plan specific to each witness, if necessary, would be circulated in due course.

BW

3. Review of the Regulations for the licensing, production and export of Medicinal Cannabis in Jersey

The Panel discussed the recently received comments from the Minister for Economic Development, Tourism Sport and Culture, Minister for Health and Social Services, Minister for Environment and the Minister for Treasury and Resources. The Panel requested a letter be sent to the relevant Ministers asking for further clarification on some of the comments. It also requested a copy of the two licences which had been granted to date be obtained.

JH

4. P.93/2021 Draft Income Tax (Amendment of Law – Taxation of Cannabis Companies) (Jersey) Regulations 202-

The Chair informed the Panel he had spoken to the Chair of the Corporate Services Scrutiny Panel (CSSP) and it was agreed the EIA Panel would undertake a review into the Draft Regulations in line with its ongoing work on Medicinal Cannabis. The Panel discussed the proposition and areas of concern and it was agreed a Terms of Reference and Scoping Document be circulated as soon as possible. The Panel also discussed the possibility of engaging the services of an expert adviser and requested this be taken forward.

JH

 

5. Government Plan 2022 - 2025

The  Panel  agreed  the  recently  circulated  Terms  of  Reference  and  Scoping Document. It also discussed its upcoming hearing with the Minister for Economic Development, Tourism Sport and Culture and the draft question plan. The Panel agreed additional areas of questioning and requested a revised question plan be circulated in due course.

JH

6. Demerger of CICRA and Future Operation of the JCRA

The Panel noted the recently received Ministerial Response (MR) to its review on the Demerger of CICRA and Future Operation of the JCRA and agreed no further action would be required at this stage.

JH/BW

7. Future Meetings

The Panel's next scheduled meeting was due to take place at 10am on Friday 22nd October 2021 via Microsoft Teams/Le Capelain Room.

 

 

Present

Deputy David Johnson , Chair Deputy Steve Luce , Vice Chair Senator Steve Pallett

Apologies

 

Absent

 

In attendance

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

Hugh Raymond, Assistant Minister for Economic Development, Sport and Culture

Deputy Kirsten Morel , Assistant Minister for Economic Development, Sport and Culture

Dan Houseago, Group Director, Economy

Andy Scate, Group Director, Regulation

Janice Hales , Committee and Panel Officer Ben Walker , Research and Project Officer

 

Agenda matter

Action

1. P.93/2021 Draft Income Tax (Amendment of Law – Taxation of Cannabis Companies) (Jersey) Regulations 202-

The Panel requested a letter be sent to the Minister for Treasury and Resources requesting additional information on the Draft Regulations in preparation for its review. The Panel was informed that advisers had been approached however, no response had yet been received. The Panel was informed the Terms of Reference and Scoping Document were being finalised and would be circulated in due course.

JH

2. Public Hearing with Minister for Economic Development, Tourism, Sport and Culture re Government Plan 2022-25

The Panel welcomed the Minister for Minister for Economic Development, Tourism, Sport and Culture to a Public Hearing on the Government Plan 2022-25. The hearing was recorded and webcast live via Microsoft Teams and a transcript was produced.

 

Present

Deputy David Johnson , Chair Deputy Steve Luce , Vice Chair Senator Steve Pallett

Connétable Michael Jackson , Chair, EHI Panel

Apologies

 

Absent

 

In attendance

Senator Ian Gorst , Minister for External Relations and Financial Services Deputy John Young, Minister for the Environment

Deputy Gregory Guida, Minister for Home Affairs

David Le Marquand, Private Secretary to Minister for External Relations and Financial Services

Ben Markwell Sales, Private Secretary to Minister for Environment

Janice Hales , Committee and Panel Officer

 

Agenda matter

Action

1. Fishing Rights in Jersey Waters

The Panel, together with the Chair of the Environment, Housing and Infrastructure Panel (EHI) received the Minister for External Relations and Financial Services, the Minister  for  Environment  and  the  Minister  for  Home  Affairs  together  with Departmental officers to a joint briefing on Fishing Rights in Jersey Waters. This meeting was held in private in accordance with the Freedom of Information (Jersey) Law 2011 (as amended) under Qualified Exemption Article 35.

 

 

Present

Deputy David Johnson , Chair Deputy Steve Luce , Vice Chair

Apologies

Senator Steve Pallett

Deputy Montfort Tadier (co-opted for item 1)

Absent

 

In attendance

Deputy Carolyn Labey , Minister for International Development [item 4 only] Edward Lewis , Head of Programmes, Jersey Overseas Aid [item 4 only]

Janice Hales , Committee and Panel Officer Ben Walker , Research and Project Officer

 

Agenda matter

Action

1. Review of the Regulation of Jersey Estate Agents

The Panel recalled that it held Public Hearings with the Minister for Housing and Communities  on  27th  October  and  the  Jersey  Estate  Agents  Association  and Broadlands Estates on 28th October. The Panel noted it was due to receive the Law Society  of  Jersey  for  a  Public  Hearing  on  8th  November at  3pm. The Panel then discussed its communications strategy in relation to the Public Hearings on the 27th and 28th October and agreed a number of key points to include in its media  release.  The  Panel noted the  evidence  it received during  the  course of its review, and based on this, agreed to cancel its upcoming Public Hearing with the Chief Minister. The Panel was informed that analysis of the transcript from the Public  Hearing  with  the  Minister  for  Housing  and  Communities  on  27th October, raised a  number  of questions  and  areas  that  required  further clarification by Trading  Standards and  the  Law  Officers  Department. The  Panel agreed  to  write  to  Trading  Standards and  the  Law  Officers  Department and requested that the Officer draft the relevant correspondence.

The Panel noted that its call for evidence targeted at estate agents was due to end on 2nd November and agreed to extend this by one week. The Officer informed the Panel that submissions received during the call for evidence would be collated into a briefing paper, outlining key themes. The Panel also recalled that it had agreed to write to the Chief Minister, the Minister's for Economic Development, Tourism, Sport and Culture and External Relations and Financial Services and the Jersey Children's Commissioner and asked that the Officer draft the relevant correspondence.

BW

2. Review of the Regulations for the licensing, production and export of Medicinal Cannabis in Jersey

 

 

The Panel noted receipt of its letter to the Minister for Economic Development, Tourism, Sport and Culture to its request for clarification on comments made to its report. The  Panel  also  noted  receipt  of  additional  comments  from  the  Chief Pharmacist. It was requested the officer condense the additional comments and circulate to the Panel for further discussion.

JH

3. P.93/2021 Draft Income Tax (Amendment of Law – Taxation of Cannabis Companies) (Jersey) Regulations 202-

The  Panel  approved  the  recently  circulated  Terms  of  Reference  and  Scoping Document for this review. The Panel was informed that it had not received any responses from advisers wishing to undertake this work however, an adviser from a large tax firm in Jersey had been in contact to say the work involved in reviewing the Draft Regulations would be minimal. He therefore offered to brief the Panel at no cost and answer any questions it may have. The Panel requested this be followed up as soon as possible. The Panel was asked if it would require an additional briefing from the Law Officers due to the fact it was legislation to which it declined on the basis it was the tax regulatory side it needed advice on as opposed to the legislation.

JH

4. Public Hearing with the Minister for International Development

The Panel welcomed the Minister for International Development to a Public Hearing to discuss the Government Plan 2022 - 2025. The hearing was recorded and webcast live via Microsoft Teams and a transcript was produced.

 

5. Future Meetings

The Panel's next scheduled meeting was due to take place at 10am on Friday 12th November 2021 via Microsoft Teams/Le Capelain Room.

 

Date:  4th November 2021

 

Present

Deputy David Johnson , Chair Deputy Steve Luce , Vice Chair

Apologies

Senator Steve Pallett

Absent

 

In attendance

John Riva, KPMG

Joe Pennell, Chief Ministers Officer, London Office [item 2 only]

Tom Le Feuvre, Director, Global Markets and International Development [item 2 only]

Roisin O'Brien – Assistant External Relations Officer [item 2 only]

Janice Hales , Committee and Panel Officer

 

Agenda matter

Action

1. P.93/2021 - Draft Income Tax (Amendment of Law – Taxation of Cannabis Companies) (Jersey) Regulations 202-

The Panel received John Riva from KPMG to a briefing on P.93/2021 - Draft Income Tax (Amendment of Law – Taxation of Cannabis Companies) (Jersey) Regulations 202-. This  meeting  was  held  in  private  in  accordance  with  the  Freedom  of Information (Jersey) Law 2011 (as amended) under Qualified Exemption Article 35.

 

2. Jersey-UAE Bilateral Investment Treaty

The Panel received Departmental Officers from Financial Services to a briefing on Jersey-UAE  Bilateral  Investment  Treaty. This  meeting  was  held  in  private  in accordance with the Freedom of Information (Jersey) Law 2011 (as amended) under Qualified Exemption Article 35.  

 

3. Regulations  for  the  Licence  Application,  Production  and  Export  of Medicinal Cannabis on Jersey

The Panel discussed the recently circulated briefing document condensing the additional comments from the Minister for Economic Development, Tourism, Sport and Culture and the Chief Pharmacist. The Panel recalled its discussion of holding an additional Public Hearing to address the additional comments and it was agreed that on review of the comments, this would now be necessary. The Panel requested a combined Public Hearing be arranged with the Minister for Economic Development, Tourism, Sport and Culture, the Minister for Health and Social Services and the Chief Pharmacist.

 

 

Present

Deputy David Johnson , Chair Deputy Steve Luce , Vice Chair Senator Steve Pallett

Apologies

Deputy Montfort Tadier (Co-opted onto Review of Regulation of Jersey Estate Agents)

Absent

 

In attendance

Neville Benbow, Chief Executive Officer, The Law Society of Jersey Advocate Chris Philpott, Conveyancing sub-committee, The Law Society of Jersey

Janice Hales , Committee and Panel Officer Ben Walker , Research and Project Officer

 

Agenda matter

Action

1. Public Hearing with The Law Society of Jersey re Regulation of Jersey Estate Agents

The  Panel  welcomed  The  Law  Society  of  Jersey  to  a  Public  Hearing  on  the Regulation of Jersey Estates. The hearing was recorded, and webcast live via Microsoft Teams and a transcript was produced.

 

 

Present

Deputy David Johnson , Chair Deputy Steve Luce , Vice Chair Senator Steve Pallett

Apologies

 

Absent

 

In attendance

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

Deputy  Kirsten   Morel ,  Assistant  Minister  for  Economic  Development, Tourism, Sport and Culture

Deputy Hugh Raymond, Assistant Minister for Economic Development, Tourism, Sport and Culture

Richard Corrigon, Director General, Economy

Dan Houseago, Group Director, Economy

Andy Scate, Group Director, Regulation

Janice Hales , Committee and Panel Officer Ben Walker , Research and Project Officer

 

Agenda matter

Action

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

The Panel welcomed the Minister for Economic Development, Tourism, Sport and Culture to a Quarterly Public Hearing. The hearing was recorded and webcast live via Microsoft Teams and a transcript was produced.

 

 

Present

Deputy David Johnson , Chair Deputy Steve Luce , Vice Chair Senator Steve Pallett

Apologies

 

Absent

 

In attendance

Janice Hales , Committee and Panel Officer Ben Walker , Research and Project Officer Ella Nicholls, Communications Officer

 

Agenda matter

Action

1. Records of Meetings

The Panel agreed to defer the records of its meetings dated 15th October, 19th October [private and public], 20th October, 22nd October and 27th October to its next scheduled meeting.  

 

2. Review of the Regulation of Jersey Estate Agents

The Panel discussed the recently circulated document with its proposed heads of report and agreed on the key themes it would like to see within its report. The Panel also discussed the timescale for the report and recalled its aim of a pre-Christmas presentation, however, it noted the ongoing Government Plan review together with its comments paper on P.93/2021 - Draft Income Tax (Amendment of Law – Taxation of Cannabis Companies) (Jersey) Regulations 202- and agreed these would take priority. The Panel agreed to review its timescale for presentation of the report in due course and requested drafting continue as normal.

BW

3. Review of the Regulations for the licensing, production and export of Medicinal Cannabis in Jersey

The  Panel  discussed  its  upcoming  hearing  with  the  Minister  for  Economic Development, Tourism, Sport and Culture (EDTSC), the Minister for Health and Social Services (HSS) and the Chief Pharmacist due to be held on 19th November. The Panel discussed the areas of questioning and requested a draft question plan be circulated for further consideration. The Panel also discussed the upcoming briefing from the Minister for EDTSC to States Members on the medicinal cannabis industry and recalled it had asked for additional information prior to the briefing. The Panel was informed that no further information was available and it had been communicated from the Department that the briefing was a general overview of the industry. The Panel agreed it would circulate a press release to the media prior to

 

 

the briefing to provide an update on the status of its report due to the delay in presentation.

JH/EN

4.  P.93/2021 - Draft Income Tax (Amendment of Law – Taxation of Cannabis Companies) (Jersey) Regulations 202-

The Panel was informed its comments on P.93/2021 - Draft Income Tax (Amendment of Law – Taxation of Cannabis Companies) (Jersey) Regulations 202- were being finalised and would be circulated for approval shortly. The Panel agreed it would link its press release to the status of its report on the Review of the Regulations for the licensing, production and export of Medicinal Cannabis in Jersey to the press release announcing its comments. It was agreed a press release be drafted, combining both topics, and circulated for further consideration.

JH/EN

5.  Government Plan 2022 - 2025

The Panel was informed drafting of its report on the Government Plan 2022 – 2025 was ongoing and would be circulated for further consideration in due course.

JH

6.  Memorandum of Understanding (MoU's)

The Panel recalled the recent correspondence from the Minister for Treasury and Resources and the offer of a briefing to the Panel regarding States arm's length bodies and the assigned MoU's. The Panel requested a briefing be arranged as soon as possible.

JH/BW

7.  Financial Services Legislation

The Panel discussed the recently circulated list of legislation circulated by the External Relations and Financial Services Department which was anticipated to be approved before the end of this Assembly. The Panel discussed the areas of concern within the list and requested briefings be arranged accordingly.

JH

8.  Jersey Farming Conference 2021

The Panel discussed the recently held Jersey Farming Conference held at La Mare Wine Estate on 11th November. Senator Pallett had attended the conference and informed the Panel that the speeches given were quite informative about the industry as a whole. The Panel agreed it would write to the President of the Jersey Farmers Union to ask for an update on the farming industry asking if there were any initial concerns with a view to holding a public hearing in the new year.

JH

9.  Administrative Matters

The Panel confirmed its availability over the Christmas period and it was agreed scheduled Panel meetings together with Quarterly Public Hearings be arranged for 2022.

JH/BW

10. Future Meetings

The Panel's next scheduled meeting was due to take place at 10am on Friday 19th November 2021 via Microsoft Teams/Le Capelain Room and would include a Public Hearing with the Minister for EDTSC, the Minister for HSS and the Chief Pharmacist.

 

 

Present

Deputy David Johnson , Chair Deputy Steve Luce , Vice Chair Senator Steve Pallett

Apologies

 

Absent

 

In attendance

Senator Lyndon Farnham , Minister for Economic Development, Tourism, Sport and Culture [item 7 only]

Deputy Richard Renouf , Minister for Health and Social Services [item 7 only]

Paul McCabe, Chief Pharmacist [item 7 only]

Dan Houseago, Group Director, Economy and Partnerships [item 7 only] Scott Meadows, Head of Biosecurity [item 7 only]

Janice Hales , Committee and Panel Officer Ben Walker , Research and Project Officer Ella Nicholls, Communications Officer

 

Agenda matter

Action

1. Records of Meetings

The Panel approved the records of its meetings dated 15th October, 19th October [private and public], 20th October, 22nd October, 27th October [public and private], 28th and 29th October.

 

2. Review of the Regulation of Jersey Estate Agents

The Panel was informed that the report was being drafted and the last pieces of evidence gathering were almost complete. The Panel discussed its upcoming meeting on 1st December following a request from a member of the public and discussed and agreed areas of questioning.

BW

3. P.93/2021 - Draft Income Tax (Amendment of Law – Taxation of Cannabis Companies) (Jersey) Regulations 202-

The Panel noted its comments on P.93/2021 - Draft Income Tax (Amendment of Law

Taxation of Cannabis Companies) (Jersey) Regulations 202- had been lodged on 16th November in time for the debate due to take place the following week.

JH

4. Government Plan 2022 - 2025

The Panel was informed that the drafting of its report on the Government Plan 2022

2025 was ongoing and a copy would be circulated for further consideration in due course.

JH

 

5. Memorandum of Understanding (MoU's)

The Chair gave an overview of comparisons he had made between the previous MoU with Ports of Jersey (PoJ) and the current one. The Chair highlighted one area of concern regarding the clause of land sale being in the previous MoU but not in the updated version. It was requested the officer write to PoJ and ask for further clarification around this clause.

JH/BW

6. Jersey Aircraft Registry (JAR) – Oxera Report

The Panel discussed the recently received Oxera Report on the JAR and despite numerous requests for the report, noted the Department had been in possession of it since March 2021. The Panel requested a briefing document be drafted on the key areas within the report for further consideration with the possibility of further work being undertaken in the new year.

JH

7. Review of the Regulations for the licensing, production and export of Medicinal Cannabis in Jersey

The Panel welcomed the Minister for Economic Development, Tourism, Sport and Culture (EDTSC), the Minister for Health and Social Services (HSS) and the Chief Pharmacist to a Public Hearing. The hearing was recorded and webcast live via Microsoft Teams and a transcript was produced.

JH

8. Future Meetings

The Panel's next scheduled meeting was due to take place at 10am on Friday 3rd December via Microsoft Teams/Le Capelain Room however, it requested this be changed and scheduled for 1st December.

 

 

Present

Deputy David Johnson , Chair Deputy Steve Luce , Vice Chair Senator Steve Pallett

Apologies

 

Absent

 

In attendance

Janice Hales , Committee and Panel Officer Ben Walker , Research and Project Officer Ella Nicholls, Communications Officer

 

Agenda matter

Action

1. Review of the Regulation of Jersey Estate Agents

The Panel noted a letter it received on 8th November 2021 from the Minister for Economic Development, Tourism, Sport and Culture (EDTSC) in response to its request for further information around the regulation of Jersey Estate Agents. The Panel discussed the key themes and concerns it had in relation to the Minister's letter and agreed to ask for further clarification in relation to the Minister's responses. The Panel requested that a letter be drafted to the Minister for EDTSC and circulated for the Panel's consideration.

BW

2. Review of the Regulations for the licensing, production and export of Medicinal Cannabis in Jersey

The Panel was informed that drafting was ongoing to amend some of the key areas following its recent public hearing and an updated draft would be circulated by the end of the week for further consideration.

JH

3. Government Plan 2022 - 2025

The Panel discussed the recently circulated draft of its Government Plan 2022 – 2025 report. The Panel provided comments on the draft and agreed some additional key findings  and  recommendations. It  was  agreed  an  updated  version  would  be circulated once the amendments were made for final Panel comments prior to approval and presentation.

JH

4. Memorandum of Understanding (MoU's)

The Panel noted its recent cancellation of the briefing from the Minister for Treasury and Resources on the MoUs and requested an alternative date be arranged as soon as possible. The Panel also requested that a letter be drafted to the Minister offering its apologies for the late minute cancellation and asking that, if possible, no MoUs are signed and finalised until the briefing has taken place.

JH/BW

 

5.  Establishment of Ministry for External Relations

The Panel discussed the recently lodged amendment to the Government Plan 2022

- 2025, P90/2021 – Proposed Government Plan 2022 – 2025 Fourteenth Amendment by the Minister for External Relations regarding the Establishment of a Ministry for External Relations. The Panel recalled this had been discussed at a recently held Quarterly Hearing with the Minister in September however, the Panel had not been made aware the amendment would be lodged. The Panel agreed to draft comments to the amendment and requested a letter be drafted to the Minister asking for additional background. It also requested the comments be drafted as far as possible whilst awaiting the additional information.

JH

6.  Quarterly  Public  Hearing  with  the  Minister  for  External  Relations  and Financial Services

The Panel noted its upcoming Quarterly Public Hearing with the Minister for External Relations and Financial Services on 10th December. The Panel discussed areas of questioning and requested a question plan be circulated for further consideration.

 

7.  Extension of Fisheries Support Scheme

The Panel discussed the fisheries support scheme and noted it was due to cease at the end of 2021. The Panel requested further information be sought from the Department of Economic Development, Tourism, Sport and Culture as to the reason for the termination of payments and to request a copy of the business case which supported the decision.

JH

8.  Future Meetings

The Panel's next scheduled meeting was due to take place at 10am on Friday 10th December via Microsoft Teams/Le Capelain Room which would include a Quarterly Public Hearing with the Minister for External Relations and Financial Services.

 

Meeting held by electronic mail

Date:  2nd December 2021

 

Present

Deputy David Johnson , Chair Deputy Steve Luce , Vice Chair Senator Steve Pallett

Apologies

 

Absent

 

In attendance

Janice Hales , Committee and Panel Officer Ben Walker , Research and Project Officer

 

Agenda matter

Action

1. Government Plan 2022 - 2025

The Panel approved the final draft of its Government Plan 2022 – 2025 report by email following the recently made amendments. It was agreed the report would be presented in due course prior to the debate.

JH/BW

Meeting held by video conference

Date:  10th December 2021

 

Present

Deputy David Johnson , Chair Deputy Steve Luce , Vice Chair Senator Steve Pallett

Apologies

Deputy Montfort Tadier (co-opted for item 4)

Absent

 

In attendance

Item 1 only:

Senator Ian Gorst , Minister for External Relations and Financial Services Cora O'Brien, Deputy Comptroller of Revenue, Revenue Jersey

Ben Walker , Research and Project Officer

Ella Nicholls, Communications Officer (Item 2 and 3 only)

 

Agenda matter

Action

1. Briefing (Private) – OECD Pillar 2 (International Tax)

The Panel received the Minister for External Relations and Financial Services and the Deputy Comptroller of Revenue for Revenue Jersey ( Deputy Comptroller) for a private briefing on matters relating to the Organisation for Economic Co-Operation and Development Pillar 2 Tax Framework. This meeting was held in private in accordance with the Freedom of Information (Jersey) Law 2011 (as amended) under Absolute Exemption Article 26 and a private record was taken.

 

2. Quarterly Public Hearing – Minister for External Relations and Financial Services

The Panel noted it was due to receive the Minister for External Relations and Financial Services for a Quarterly Public Hearing at 11am and noted and discussed its question plan. The hearing was webcast live and a recording was made so that a transcript could be produced.

 

3. Post Hearing Communications

Following the Public Hearing, the Panel discussed key topics to include in its media release, with the Communications Officer.

 

4. Government Plan 2022-2025

The Panel noted that its report on the Government Plan 2022-2025 (P.90/2021) had been lodged on 9th December and was due to be debated by the States Assembly in the week commencing 13th December 2021.

The Panel also noted that its comments paper on the fourteenth amendment to the Government Plan, on the establishment of a Ministry for External Relations, was lodged on 9th December 2021.

The Panel then noted that a letter had been sent to the Minister for Economic Development, Tourism, Sport and Culture in relation to the establishment of the

 

 

Department of the Economy, and its potential impact on the future of the Fort Regent project on 7th December 2021.

 

5. Regulation of Jersey Estate Agents

The Panel recalled that it had received a letter from the Minister for Economic Development, Tourism, Sport and Culture on 8th November 2021 in relation to the Panel's Review of the Regulation of Jersey Estate Agents.

The  Panel  noted  and  approved  the  draft  response  to  the  Minister's  letter  but requested that the Officer specify within the response that the previous Review of Residential Property Transactions had been undertaken by the separate Residential Property Transactions Review Panel.

BW

6. Regulations  for  the  Licence  Application,  Production  and  Export  of Medicinal Cannabis on Jersey

The Panel noted the latest draft of the Panel's report following its review of the Regulations  for  the  Licence,  Application,  Production  and  Export  of  Medicinal Cannabis, was circulated by the Officer on 4th December.

 

7. Future Meetings

The Panel noted that its next scheduled meeting was due to take place on Friday 7th January 2022 at 10am.