Approved Committee Minutes - Scrutiny Liaison Committee - 2022

Present

Senator Kristina Moore (President) Deputy Mary Le Hegarat (Vice-President) Connétable Mike Jackson

Deputy Rob Ward

Deputy Inna Gardiner

Deputy David Johnson

Apologies

Absent

In attendance

Tim Oldham (Assistant Greffier: Committees and Panels)

Agenda matter

Action

1.  Corporate Services: Enveloped Property Transactions Tax Review

The Committee approved a Scoping Document and Terms of Reference for the above Review. The following budget was agreed:

Public Hearings: 2 x £150 = £300 Expert advisor: n/a

Social media sponsored posts: n/a Total: £300

Present

Senator Kristina Moore (President) Deputy Mary Le Hegarat (Vice-President) Connétable Mike Jackson

Deputy Rob Ward

Deputy Inna Gardiner

Deputy David Johnson

Apologies

Absent

In attendance

Tim Oldham (Assistant Greffier: Committees and Panels)

Agenda matter

Action

1.  Environment, Housing and Infrastructure Panel: Draft Carbon Neutral Roadmap

The Committee approved a Scoping Document for the above Review. The following budget was agreed:

Public Hearings: 8 x £150 = £1,200

Expert advisor: n/a

Communications (social media sponsored posts): £30 Total: £1,230

Present

Senator Kristina Moore (President) Connétable Mike Jackson

Deputy David Johnson

Deputy Rob Ward

Deputy Inna Gardiner

Apologies

Deputy Mary Le Hegarat (Vice-President)

Absent

In attendance

Tim Oldham , Assistant Greffier (Committees and Panels)

Anna Thorne , Committee and Panel Officer (item 2 in part) Monique Magalhaes, Research and Project Officer (item 2 in part)

Agenda matter

Action

1.  Minutes

The Committee approved the records of its meetings held on 9th and 15th December 2021 and 6th January 2022.

2.  Activity and Work Programme Updates

The Committee noted the activity reports and work programmes for the Scrutiny Panels, PAC and all current Review Panels. The Committee was again mindful of concern over the excessive pressure on work programmes posed by the volume of Government legislation to be lodged for debate by the Assembly, before the effective end of the current political term. It was agreed that further action was required to avoid the work of the Panels, and by extension the decision making of the wider Assembly, from being improperly compromised. The Committee agreed to pursue the matter with the Chief Minister.

Consideration was given by the Committee to the remit of the Safer Travel Guidelines Review Panel, noting an options paper provided in view of the contradiction between the current capacity and terms of reference of the Review Panel and the widening scope of the work that was required that cut across multiple sectors. It was agreed that a request would be circulated to all Scrutiny Members to gauge interest in extending the remit and membership of the Review Panel. Should there be limited support for thaat option, the Review Panel would conclude its work and relevant matters would revert to being the responsibility of the respective standing Panel(s) to address. A standing item to consider the scrutiny of Covid matters would also be added to future Committee agendas.

Mindful of the cross-cutting scope of the topic, the Committee received an update from the Chair of the Environment, Housing and Infrastructure Panel about the work being undertaken by his Panel to scrutinise the carbon neutral roadmap. It was noted that a scoping document consolidating the work completed to date, and future plans, had recently been circulated to the Committee. In doing so, the Panel was upholding the recommendation of Jersey's Citizens' Assembly on Climate Change that There should be a scrutiny review, prior to the election, of the government's response to the Recommendations', which it had made in its report presented in June 2021. The Committee welcomed the update and the work that had been set out.  

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3.  Privileges and Procedures Committee (PPC)

The Committee noted a report from PPC providing an update on its recent activity.

4.  Correspondence from the Bailiff

The Committee noted correspondence from the Bailiff in response to the letter sent by the President on behalf of the Committee on 10th December 2021, regarding the support of Ministers by Government officers during States Meetings.

5.  Employment of the States of Jersey Employees Law

The Committee considered correspondence from Ruth Johnson , Head of Policy, Strategic  Policy,  Planning  and  Performance,  regarding  amendments  to  the Employment of the States of Jersey Employees Law. Within the draft instructions it was proposed that the following new roles would be ascribed to the Committee:

1. the Scrutiny Liaison Committee would play a role in the appointment of the Chair of Commissioners, in that the SLC would nominate an independent person to oversee the associated recruitment process

2. the Commission must consult the Scrutiny Liaison Committee before adding a public authority to the Commission's scheme of oversight. The scheme of oversight being the document in which the Commission set out how it would exercise it powers in relation to public appointments (i.e. whether it would oversee  the  recruitment  process  or  do  spot  checks'  of  recruitment processes).

With respect to part b, it was noted that the States Employment Board was involved in a broadly equivalent process at present, but was conflicted is so doing as the largest appointing authority in Jersey. It was further noted that, due to the pending departure of the current Chair of the Commission, it was the aim of the Chief Minister for the amendments to be debated prior to the elections and, as such, the draft instructions would be published for public consultation imminently. The Committee was asked for its agreement for the roles as described above to be included in the consultation. Mindful of the short timeframe, if the Committee required further time or was not agreeable to the proposals, then the draft instructions would be amended accordingly before publication to refer to an unspecified non-executive body at this stage.

Having considered the matter, the Committee agreed to confirm to the Head of Policy that it was supportive of the roles that had been outlined.

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6.  Scrutiny Codes for Engagement and Proceedings

The Committee noted the current status of the two draft revised Codes governing the work of Scrutiny Panels and PAC, and considered the next steps necessary for the lodging and presentation of the respective documents.

In  respect  of  the  Engagement  Code  of  Practice  between  Scrutiny  and  the Government of Jersey, the Committee confirmed its intention to lodge the updated Code for States Assembly approval before the end this political term. It requested officers to give notice to the Ministerial Office and prepare the necessary draft Proposition.

After consideration of the Scrutiny Proceedings Code, it was agreed that an addition would be made to clarify the steps to be taken by a Chair should a member of a Panel or Committee be absent from associated business over a prescribed period of time, for reasons that were not considered to be compelling.

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7.  Future Meetings

The Committee noted the date of the next scheduled SLC meeting, including the attendance of the Children's Minister to update the Committee on the UNCRC indirect incorporation law:

 17th February, 10am to 11.45am, Teams/Le Capelain Room (Children's Minister 11am – 11.45am)

It further agreed to write to the incoming Chief Executive Officer of the Government of Jersey to welcome her to her role and to arrange an introductory meeting.

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Present

Senator Kristina Moore (President) Deputy Mary Le Hegarat (Vice-President) Connétable Mike Jackson

Deputy Rob Ward

Deputy Inna Gardiner

Deputy David Johnson

Apologies

Absent

In attendance

Tim Oldham (Assistant Greffier: Committees and Panels)

Agenda matter

Action

1.  Health and Social Security Panel: Follow up review of Mental Health Services

The Committee approved a Scoping Document and Terms of Reference for the above Review. The following budget was agreed:

Public Hearings: 8 x £150 = £1,200 Expert advisor: n/a Communications: £30

Total: £1,230

Present

Senator Kristina Moore (President) Deputy Mary Le Hegarat (Vice-President) Connétable Mike Jackson

Deputy Rob Ward

Deputy Inna Gardiner

Deputy David Johnson

Apologies

Absent

In attendance

Tim Oldham (Assistant Greffier: Committees and Panels)

Agenda matter

Action

1.  Economic and International Affairs Panel: Seasonal Workers and the Rural Economy Review

The Committee approved a Scoping Document and Terms of Reference for the above Review. The following budget was agreed:

Public Hearings: 8 x £150 = £1,200 Expert advisor: n/a Communications: £30

Total: £1,230

Present

Senator Kristina Moore (President) Deputy Mary Le Hegarat (Vice-President) Connétable Mike Jackson

Deputy Rob Ward

Deputy Inna Gardiner

Deputy David Johnson

Apologies

Absent

In attendance

Tim Oldham (Assistant Greffier: Committees and Panels) Kaya Camara (Research and Project Officer)

Agenda matter

Action

1.  Code of Practice for Engagement Between Scrutiny Panels and the Public Accounts Committee' and The Executive'

The Committee approved a report and proposition on revisions to the Code of Practice  for  Engagement  Between  Scrutiny  Panels  and  the  Public  Accounts Committee' and The Executive', and requested officers to undertake the necessary arrangements for it to be lodged for debate by the States Assembly within the current term. In conjunction, the updated Scrutiny Proceedings Code that was appended to the proposition would also be formally presented as a report to the Sates.  

Present

Senator Kristina Moore (President)

Deputy Mary Le Hegarat (Vice-President) (in part) Connétable Mike Jackson

Deputy Inna Gardiner

Deputy David Johnson

Apologies

Deputy Rob Ward

Absent

In attendance

Tim Oldham (Assistant Greffier: Committees and Panels) Kaya Camara (Research and Project Officer)

Agenda matter

Action

1. Records of meetings

The Committee approved the records of its meetings held on 11th, 13th and 28th January, and 4th and 22nd February 2022.

2. Activity Updates and Work Programmes

The Committee discussed the activity reports and work programmes for the Scrutiny Panels, PAC and all current Review Panels. The Committee noted that workloads remained high, and that there remained the ongoing challenge of the lodging of significant pieces of legislation by Government, despite the forthcoming election and various associated deadlines that restricted the ability for Panels to undertake thorough scrutiny. It was further noted that all Panels and the PAC were intending to present Legacy reports in advance of the deadline of 10th May.

3. Scrutiny of Covid-19 related matters

The Committee noted that the Independent Covid Review Panel; commissioned to review the Island's response to the Covid-19 pandemic, would be present in Jersey on 1st April and 1st of May 2022.

The Committee requested that a formal meeting was arranged with the Panel in order to have the opportunity to contribute to the enquiry from a Scrutiny perspective, given the volume of legislation and various other matters that it had worked on since the beginning of the pandemic.

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4. Engaging Children and Young People

The Committee agreed that the working group would be disbanded for the current term due to time restrictions, a decision which had been informed by conversations with the lead member of the working group Deputy Louise Doublet . The Committee agreed that the group should be informed accordingly, and that it would continue to liaise with Deputy Doublet in order that she could fully contribute to the relevant sections of Committee's Legacy report.

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5. Privileges and Procedures Committee (PPC)

The Committee noted the report from PPC providing an update on its recent activity.

The Committee discussed, in particular, potential impacts in respect of post-election appointments to Ministerial, Scrutiny Chair and Panel/Committee roles should there be an increase in the number of States Members affiliated with political parties. The

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Committee agreed that the matter might be referenced in its Legacy report, as it may be of interest and help to its successors should the outcome of the election provide merit in this topic being followed up.  

6. Revised Code of Practice for Engagement between Scrutiny Panels and the PAC' and The Executive'

The Committee welcomed Senator Tracey Vallois to the meeting to discuss her intention to lodge an amendment to the Code of Practice for Engagement between Scrutiny Panels and the PAC' and the Executive'. Senator Vallois explained that her intention was to add further clarity to the proposition, by including, amongst other ideas:

• specific reference to obligations in respect of a recommendations tracker

• provision to the Committee by the Council of Ministers of a priority list of legislation and policy matters at the beginning of each year

• defined actions that PPC should take in the event of breaches of the Code

The Committee thanked Senator Vallois for her contributions to the Code as well as her openness, and it was noted that she would proceed to lodge a formally drafted version of her amendments shortly.

7. All Scrutiny Member Away Day

The Committee discussed the Away Day that had taken place on 7th March 2022. It noted that a report would be received from the external facilitator, which would assist the Committee to include practical ideas to complement more strategic objectives that had been identified for its Legacy report.

The Committee reflected on the many merits of the Away Day and agreed that holding similar events at the start, middle and end stages of the term would be of value to the next membership of the scrutiny function. It recalled that similar plans to hold mid and end stage Away Days in the present term had, regrettably, been compromised by the Covid-19 pandemic.

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8. Competent Authority Ministers Minutes

The Committee approved a letter to be sent to the Chief Minister regarding the release of Competent Authority Ministers minutes. It was agreed that the letter should be sent to the Chief Minister that day, and be published on the Committee's page on the States Assembly website.

9. New Government Chief Executive Officer (CEO)

The Committee agreed that it would invite Suzanne Wylie, CEO of the Government of Jersey, to its next scheduled meeting on 7th April 2022. The Committee intended to share its draft Legacy report with the CEO, in order to provide her with early sight of its reflections on the current term and suggestions for the next term, about which it would welcome her initial feedback.

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10. Future Meeting

The Committee noted that its next formal meeting was scheduled to take place on 7th April 2022 at 10:00am to 11:45am in the Le Capelain Room, States Building.

Present

Senator Kristina Moore (President) Deputy Mary Le Hegarat (Vice-President) Connétable Mike Jackson

Deputy Rob Ward

Deputy David Johnson

Apologies

Deputy Inna Gardiner

Absent

In attendance

Suzanne Wylie, Chief Executive Officer, Government of Jersey Tim Oldham (Assistant Greffier: Committees and Panels) Kaya Camara (Research and Project Officer)

Agenda matter

Action

1. Records of meetings

The Committee approved the record of its meetings held on 10th March 2022.

2. Activity Updates and Work Programmes

The Committee discussed the activity reports and work programmes for the Scrutiny Panels, PAC and all current Review Panels.

The Committee noted that work programmes were anticipated to be completed in accordance  with  the  election  period  deadline,  albeit  that  some  work  remained compromised by the last-minute nature of certain Government items of business.

The Committee considered a challenge raised by the Minister for Social Security in relation to certain content and procedural matters in respect of the Economic and International Affairs Panel's report Seasonal Workers and the Rural Economy'. The Chair of the Economic and International Affairs Panel explained that he was in communication with the Minister. He had acknowledged that the Panel's report should have been sent to the Minister for factual checking prior to being presented and would apologise for the genuine oversight. However, the Panel did not accept the alleged "inaccuracies'' in content, nor that they changed the stance of the Panel as set out in the report, and accordingly would not be withdrawing it. The Panel had sent the Ministerial Response to the Minister and outlined that this procedure would afford her the opportunity to remark on the report, highlighting any concerns.

In this context, the Committee agreed with the position of the Chair and considered that there was no further action required to be taken.

3. Privileges and Procedures Committee (PPC)

The Committee noted the report from PPC providing an update on its recent activity.

The Committee also noted that the CPA benchmarking report would be published in early May and discussed the ways in which the report could be utilised in the next term.

4. Meeting with the Chief Executive Officer, Government of Jersey

The Committee welcomed Suzanne Wylie, Chief Executive Officer, Government of Jersey, to the meeting to discuss matters relating to engagement between Scrutiny and Government

The Committee shared various experiences from the last four years with the Chief Executive, including learnings, successes and challenges.

The Committee thanked the Chief Executive for her insight and approach to the draft content and recommendations of its legacy report, that had been shared with her in advance of publication.

5. Legacy Report

The Committee discussed the draft legacy report and agreed a number of additions and modifications. A revised draft would be circulated for approval.

The Committee wished to place on record its thanks to staff team in the States Greffe that had supported the work of the Scrutiny function over the term of office, which it had regarded as outstanding in its professionalism and quality.

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6. Revised Codes of Practice

The Committee noted that P.50/2022 was due for debate at the next States Meeting, commencing the week of 25h April.

The Committee agreed that only brief speaking notes would be required and that they would accept the proposition as amended by Senator Tracey Vallois.

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