Approved Panel Minutes - Corporate Services Scrutiny Panel - 2024

Present

Deputy Sam Mézec , Chair Deputy Max Andrews , Vice Chair Deputy Lyndon Farnham

In attendance

Deputy Lyndsay Feltham [Item 2 only]

Monique Magalhaes, Committee and Panel Officer Alex Cameron, Research and Project Officer

Agenda matter

Action

1.  Records of Meetings

th December 2023.

The Panel noted and approved the record of the meeting held 19

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2.  People and Culture Follow-up Review

The Panel noted and discussed the progress of the review. The Panel considered options for further evidence gathering and agreed to invite to a meeting a private individual who had contacted the Panel in relation to its review. The Panel requested the Officers to arrange the meeting.

The Panel considered and agreed the draft question plan for the upcoming review hearing with local trade unions, JCSA Prospect and Unite Jersey, scheduled for Friday 12th January 2024.

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3.  Independent Taxation Legislation

The Panel received an updated timeline for the lodging of the draft legislation, which was shared with the Panel in confidence on 14th December 2023. The Panel noted that the draft legislation was not yet lodged, however, recalled the intention was for it to be lodged prior to it receiving the briefing on the draft legislation which was scheduled for 15th January 2024.

The Panel recalled its previous discussion around stakeholder engagement on the previous proposals (P.41/2023), which were subsequently withdrawn, and agreed to request further feedback from stakeholders once the draft legislation was lodged.

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4.  Wills and Successions Legislation

The Panel noted and discussed the Draft Wills and Successions (Amendment No.3 – Collateral Succession of Immovable Estate) Law 202- (P.105/2023), lodged on 22nd December 2023 for earliest debate on 6th February 2024. The Panel received an Officer update in relation to the briefing requested and, upon discussing its scrutiny approach, agreed to draft a Comments paper to inform the States Assembly debate on the

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proposition.  The  Panel  noted  that  it  was  awaiting  confirmation  from  Government regarding when the briefing could take place the following week.

5.  Statistics and Census Legislation

The Panel noted that a briefing on the Draft Statistics and Census (Amendment)(Jersey) Law 202 - was scheduled for the following day. The Panel recalled that the Government had requested the Panel’s initial views on the draft legislation and its intended scrutiny approach of the proposals to allow for sufficient time for Scrutiny to undertake its work prior to the States’ debate on the proposition. The Panel noted the intention was for the draft legislation to be lodged subsequent to the Panel receiving the briefing and providing an indication of its required timeline for the scrutiny process. The Panel agreed to discuss this further following the briefing.

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6.  Delivery Plans 2023 Progress Reports

The Panel noted and discussed the 2023 Delivery Plan Progress Reports of the Chief Minister and Minister for Treasury and Resources. In respect of the Chief Minister’s report, the Panel highlighted the cancellation of the States of Jersey Employment Law workstream and the decision of the States Employment Board (SEB) to not recruit for a Jersey Public Service Ombudsperson in advance of the legislation, overturning its previous decision.

The Panel agreed to write to both Ministers to request greater detail on the proposed lodging timelines for the 2024 legislative programmes for the remits of the Chief Minister and the Minister for Treasury and Resources as outlined within the Ministerial Plans for 2024,  so  that  it  could  further  consider  its  work  programme  for  2024.  The  Panel additionally agreed to request further detail from the Chief Minister on the SEBs decision to not recruit for an Ombudsperson in advance of the legislation as previously suggested, as this decision conflicted with information provided in a letter received by the Panel from the Chief Minister on 18th August 2023.

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7.  Work Programme 2024

The Panel noted and discussed its upcoming work programme for 2024 and agreed to monitor the developments of the Government’s proposals before considering it further. The Panel noted that quarter one appeared particularly busy, considering the carryover of legislative workstreams from 2023 to 2024. The Panel agreed to endeavour to complete its People and Culture Follow-up Review prior to the summer recess, if possible. The Panel was content with its upcoming work programme to date, however, agreed to consider and revert with any potential additional matters of interest for review which would likely be possible to commence in the summer, depending on how its work programme developed.

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8.  Next Meeting

The Panel noted that its next scheduled meeting would be held at 10am on Tuesday 23rd January 2024 in the Blampied Room, States Building.

Present

Deputy Sam Mézec , Chair Deputy Max Andrews , Vice Chair

Apologies

Deputy Lyndon Farnham

In attendance

Francis Walker , Head of Policy, Strategic Policy, Planning and Performance

Daniel Edmunds, Principal Statistician, Strategic Policy, Planning and

Performance

Monique Magalhaes, Committee and Panel Officer Alex Cameron, Research and Project Officer

Agenda matter

Action

1.  Briefing: Draft Statistics and Census (Amendment) (Jersey) Law 202-

The Panel received Francis Walker , Head of Policy, and Daniel Edmunds, Principal Statistician—both  of  Strategic  Policy,  Planning  and  Performance—for  a  briefing  to amend the Statistics and Census (Jersey) Law 2018 to bring Jersey’s statistical system in line with international best practice. The meeting was held in private in accordance with the Freedom of Information (Jersey) Law 2011 (as amended) under Qualified Exemption Article 35.

Present

Deputy Sam Mézec , Chair Deputy Max Andrews , Vice Chair Deputy Lyndon Farnham

In attendance

Items 1, 2 and 3 Deputy Lyndsay Feltham

Item 2

Chris Hopkins, President, JCSA Prospect James Turner, Regional Officer, Unite Jersey

Monique Magalhaes, Committee and Panel Officer

Alex Cameron, Research and Project Officer

Gwyn Garfield-Bennett, Communications Officer [Items 2 and 3]

Agenda matter

Action

1.  People & Culture Follow-up Review Hearing: Pre-hearing

The Panel discussed and agreed the areas of questioning for the review hearing with JCSA Prospect and Unite Jersey scheduled to take place that afternoon.

2.  People & Culture Follow-up Review Hearing

The Panel received Chris Hopkins, President of JCSA Prospect, and James Turner, Regional Officer of Unite Jersey, for the review hearing. The hearing was webcast live, recorded and transcribed.

3.  People & Culture Follow-up Review Hearing: Post-hearing

The Panel discussed and agreed the areas to include in a media release to highlight the key areas of discussion that had taken place during the review hearing.

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Present

Deputy Sam Mézec , Chair Deputy Max Andrews , Vice Chair Deputy Lyndon Farnham

In attendance

Item 1 only

Deputy Ian Gorst , Minister for Treasury and Resources

Deputy Steve Ahier , Assistant Minister for Treasury and Resources

Tom Queree, Deputy Director of Tax Policy, Treasury and Exchequer Richard Summersgill, Comptroller, Treasury and Exchequer

Blair Davis, Manager - Tax Policy and Technical, Treasury and Exchequer Abbie Moore , Assistant Private Secretary, Office of the Chief Executive

Item 2 only

Connétable David Johnson , Legislation Advisory Panel

Deputy Philip Bailhache , Legislation Advisory Panel

Matthew Berry, Legal Adviser, Law Officers’ Department

Paul Bradbury, Head of Ministerial Support, Office of the Chief Executive Tom Leveridge, Assistant Legal Adviser, Law Officers’ Department

Ben Markwell-Sales, Governance and Business Officer, Cabinet Office

Monique Magalhaes, Committee and Panel Officer Alex Cameron, Research and Project Officer

Agenda matter

Action

1.  Private Briefing: Independent Taxation Legislation

The Panel received Deputy Ian Gorst , the Minister for Treasury and Resources, Deputy Steve Ahier , Assistant Minister for Treasury and Resources, and Officers, for a briefing to update them on the proposals for the Independent Taxation legislation. Following the adoption by the States Assembly of clause (b) of P.32/2023, the Minister for Treasury and Resources was required to take the necessary steps to ensure that the Independent Taxation proposals included a joint taxation option for - married couples and civil partners. The record of this meeting was classified as exempt in accordance with the Freedom of Information (Jersey) Law 2011 (as amended) under Qualified Exemption Article 35.

2.  Briefing: Draft Wills and Successions Legislation

The Panel received Connétable David Johnson and Deputy Philip Bailhache from the Legislation Advisory Panel, and Officers for a briefing on the Draft Wills and Successions (Amendment No. 3 – Collateral Succession of Immovable Estate (Jersey) Law 202- (P.105/2023) (the ‘draft Law’). The draft Law proposed to improve (modernise) the

customary  law  relating  to  intestate  collateral  succession  and  bring  Jersey  into compliance with the Convention on the Elimination of All Forms of Discrimination Against

Women (‘CEDAW’). The record of this meeting was classified as exempt in accordance with the Freedom of Information (Jersey) Law 2011 (as amended) under Qualified Exemption Article 35.

Present

Deputy Helen Miles , Chair

Deputy Lucy Stephenson , Vice Chair Deputy Max Andrews

Deputy Alex Curtis

Connétable David Johnson

Deputy Jonathan Renouf

In attendance

Monique Magalhaes, Committee and Panel Officer Gwyn Garfield-Bennett, Communications Officer

Agenda matter

Action

1.  Procedural and Administrative Matters

The Chair welcomed Members to the inaugural meeting of the Panel. The Panel noted it would be required to consider and agree a number of procedural and administrative matters.

The Committee and Panel Officer and Communications Officer explained their roles and noted the support that was available to the Panel from Scrutiny Officers and the Digital and Public Engagement Team to assist the Panel in its work.

The Panel noted and discussed a briefing paper on Panel working practices and reflected upon the Standing Orders and the Proceedings and Engagement Codes of Practice which determined Scrutiny’s working practices. The Panel also noted and discussed the role of the Panel Chair.

The Panel discussed the requirement to appoint a Vice Chair to the Panel and agreed to appoint Deputy Lucy Stephenson to the role.

The Panel noted and agreed the scheduled meeting and public quarterly hearing dates for 2024. The Panel agreed that its regular meetings would take place on a Tuesday at 9:30am – 11:30am. The Panel noted it would receive the meeting and hearing invites following the meeting.

The  Panel  noted  the  process  for  receiving  evidence  from  witnesses  and  agreed, whenever possible, that it would deliberate in private and take evidence in public.

The Panel noted that, in principle, all written evidence received by the Panel would be published on the States Assembly website and that submissions would be treated in accordance with data protection legislation. Moreover, that confidential and anonymous submissions would be considered on a case-by-case basis by the Panel. It was further noted that any evidence received directly by Members of the Panel should be passed to the Committee and Panel Officer.

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The Panel noted that in accordance with the Proceedings Code of Practice that it could not hold specific reviews into an individual matter and that any review topics that related to individual matters would be rejected. However, noted that correspondence in relation to an individual matter would receive an appropriate response from the Committee and Panel Officer and that, where possible, matters could be fed into relevant reviews.

The Panel noted the declaration of interest section in the Proceedings Codes of Practice. The Panel agreed to include a recurring item on its meeting agenda for any conflicts of interest to be raised.

The Panel considered and agreed its working practices. The Panel agreed, where possible, it would attend its scheduled meetings, briefings and quarterly public hearings in person in the States Building. However, noted the option to attend meetings via Microsoft Teams should that be required.

The Panel noted that all Panel correspondence would be shared with it via Microsoft Teams. The Panel further noted that it should be mindful of printing documentation unnecessarily, and where that was required, it must be requested prior to meeting.

The Panel discussed and noted any immediate training requirements and noted the in- house training that could be provided as needed and further training that could be raised with the Scrutiny Liaison Committee (SLC) for its consideration and agreement. It was noted that the SLC was considering a training programme that would be confirmed in due course.

The Panel discussed how to navigate the filing system within Microsoft Teams and the Scrutiny pages on the States Assembly website. The Panel discussed the processes involved for the drafting of questions plans for public hearings and for undertaking hearings as well as the processes followed when scoping a review.

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2.  People and Culture Follow-up Review

The Panel noted and discussed the briefing papers received on the progress of the review and on the evidence analysis summary. The Panel agreed to conclude the review with the evidence gathered to date.

The Panel noted that as the review was a follow up of previous work, it covered a broad scope. The Panel also noted that findings developing from the review could potentially be considered for further targeted reviews, which the Panel could agree subsequent to considering the findings and recommendation and the presentation thereof. Areas that were highlighted included the role and recruitment of the Chief Executive Officer and exit interviews.

The Panel noted and agreed the Heads of Report drafted for is consideration and requested the Officer to commence the report drafting process with the intention to present the Scrutiny Report to the States Assembly in April 2024, if possible.

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3.  P.6/2024 - Draft Income Tax (Amendment – Stage 2 of Independent Taxation (Jersey) Law 202-

The Panel noted and considered the progress of the review to date. The Panel noted that the Minister for Treasury and Resources had lodged new proposals, P.6/2024 - Draft Income Tax (Amendment – Stage 2 of Independent Taxation (Jersey) Law 202-, to accommodate the adoption by the States Assembly of Part B of Deputy Farnham ’s

proposition, P.32/2023 - Removal of Compulsory independent Taxation for Existing Married Couples and Civil Partnerships: Amendment, which required the Minister to ensure an option for joint filing of taxes by married and civil partnered couples.

The Panel noted that Deputy Doublet had subsequently lodged an amendment to P.6/2024, P.6/2024 Amd. which proposed the removal of Article 3 to remove the joint filing option for married and civil partnered couples to ensure alignment with Jersey’s obligations under the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW).

The Panel noted that the States’ debate on P.6/2024 had been deferred by the Minister to 16th April 2024 on the Chair’s request so that the Panel would have sufficient time to review the proposals.

The Panel noted the upcoming briefing on P.6/2024 scheduled for the following day with the Minister for Treasury and Resources and Officers and agreed to consider its Scrutiny approach and further actions following that meeting.

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4.  Government Plan 2024-27 Review

The Panel noted that, as a result of the formation of the new Government, the Ministerial Response to the Government Plan 2024-27 review, S.R.4/2023, was deferred for a response by the new Council of Ministers. The Panel agreed to write to the Minister for Treasury and Resources to follow up in that regard.  

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5.  P.11/2024 - Andium Homes Limited Articles of Association

The  Panel  noted  and  discussed  P.11/2024 –  Andium  Homes  Limited  Articles  of Association, lodged by the Minister for Treasury and Resources for’ debate by the States Assembly on 16th April 2024. The Panel noted that the former Panel was briefed on the Articles of Association (AoA) and had not raised any concerns at that time.

The Panel noted that a file note which recorded that briefing would be shared with it as well as the further correspondence in respect of the AoA between the former Panel and the  former  Minister.  The  Panel  also  requested  to  receive  the  Memorandum  of Understanding (MOU) for Andium Homes Limited. It was noted that would be shared with it.

The Panel requested to receive a briefing on the proposals to develop its understanding of particular articles outlined in the AoA and for it to be scheduled for early April 2024.

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6.  Correspondence

The Panel noted and discussed correspondence that was outstanding and agreed to write to the Chief Minister and Minister for Treasury and Resources to follow up in that regard in particular regarding the ministerial priorities and legislative programmes for 2024 to assist in informing its work programme.

The Panel also requested to receive an update on the States Employment Board records of meetings which were previously requested but remained outstanding.

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7.  Work Programme

The Panel noted and discussed the position paper received on the current status of the Panel’s work programme. The Panel noted that an agreement would need to be reached between the Chair and the Chair of the Economics and Internationals Affair’s (EIA) Scrutiny Panel on Scrutiny’s approach regarding the Two Pillar Taxation workstream as the workstream crossed the remits of both Panels. The Chair agreed to raise that with the SLC.

The Panel considered its upcoming work programme and agreed to update it once confirmation was received on the Ministerial and legislative priorities in respect of the remits for the Chief Minister and Minister for Treasury and Resources.

The Panel discussed the broader areas of the Ministerial remits and agreed to include an area of questioning for public hearings on these. It was noted that Commercial Services was such an area to consider with regard to the remit for the Minister for Treasury and Resources.

The Panel discussed potential areas to consider for review. The Panel agreed that in addition to any focused areas that developed from the People and Culture Follow Up Review, that current matters regarding Island insurance and the role of the Cabinet Office should be noted as areas of potential interest for review. In addition, a piece of work with regard  to  MOU’s  for  the  Arm’s  Length  Organisations  and  States  Owned  Entities. However, it was noted that subject matter may cross over with the remit of the EIA Panel, so the Panel would need to be mindful of that, should it consider a review in that regard.

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8.  Visits, Meetings and Briefings

The Panel agreed to request a briefing from the Chief Minister on the role of the Cabinet Office to further its understanding ahead of considering any potential review work in that regard.

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9.  Next Meeting

The Panel noted that its next meeting was an informal meeting without an agenda on Tuesday 12th March at 9:30am. As a number of Members would be unable to attend that meeting, the Panel agreed to cancel that meeting and noted its next scheduled meeting was scheduled for 26th March 2024, in the Blampied Room of the States Building.  

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Present

Deputy Helen Miles , Chair

Deputy Lucy Stephenson , Vice Chair Deputy Max Andrews

Deputy Alex Curtis

Connétable David Johnson

Deputy Jonathan Renouf

In attendance

Item 1 only

Deputy Elaine Millar , Minister for Treasury and Resources

Tom Queree, Deputy Director of Tax Policy, Treasury and Exchequer Blair Davis, Manager - Tax Policy and Technical, Treasury and Exchequer Abbie Moore , Assistant Private Secretary, Office of the Chief Executive

Monique Magalhaes, Committee and Panel Officer

Agenda matter

Action

1.  Briefing: P.6/2024 - Draft Income Tax (Amendment – Stage 2 of Independent Taxation (Jersey) Law 202-

The Panel received Deputy Elaine Millar , the Minister for Treasury and Resources and Officers for a briefing on the revised Independent Taxation proposals - P.6/2024 , Draft Income Tax (Amendment – Stage 2 of Independent Taxation (Jersey) Law 202- , which was lodged by the Minister for debate in the States Assembly on 16th April 2024.

Following the adoption by the States Assembly of Part B of Deputy Farnham ’s proposition

- P.32/2023 , Removal of Compulsory Independent Taxation for Existing Married Couples and Civil Partnerships: Amendment, the Minister for Treasury and Resources was required to take the necessary steps to ensure that the proposals included a joint filing option for married and civil partnered couples.

An amendment to the proposition, P.6/2024Amd.,was lodged by Deputy Doublet on 13th February 2024 and proposes to remove Article 3 of the proposition to revert the proposals to the independent form by removing the joint filing option.

The record of this meeting was classified as exempt in accordance with the Freedom of Information (Jersey) Law 2011 (as amended) under Qualified Exemption Article 35.

2.  Post Briefing Meeting

The Panel discussed the briefing received and its Scrutiny approach. The Panel agreed, in  the  first  instance,  to  request  to  receive  the  responses  from  the  Government’s consultation process, which were used to inform the revised proposals as outlined within P.6/2024.

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The Panel agreed to write to targeted stakeholders to request their views on P.6/2024 once it received and considered the Government’s consultation feedback.

The Panel agreed to request to receive the Council of Ministers’ view in respect of Deputy Doublet ’s proposed amendment (P.6/2024Amd) to the proposition.

The Panel agreed to request clarification from the Attorney General regarding Jersey’s commitment to meet its obligations under the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) in respect of the draft legislation attaining Independent Taxation in light of both the proposition (P.6/2024) and the proposed amendment (P.6/2024Amd).

The Panel agreed to further discuss the workstream at its next meeting on 26th March 2024 with the intention to present Comments ahead of the States’ debate on the proposition, which was scheduled for 16th April 2024.

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Present

Deputy Helen Miles , Chair

Deputy Lucy Stephenson , Vice Chair Deputy Max Andrews

Connétable David Johnson

Deputy Jonathan Renouf

Apologies

Deputy Alex Curtis

In attendance

Monique Magalhaes, Committee and Panel Officer Alex Cameron, Research and Project Officer

Agenda matter

Action

1.  Records of Meetings

The Panel noted and approved the records of the meetings held on 5th and 6th March 2024.

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2.  P.6/2024 - Draft Income Tax (Amendment – Stage 2 of Independent Taxation (Jersey) Law 202-

The Panel noted and discussed the Government consultation feedback shared with it on 11th March 2024. The Panel agreed that concerns in respect of the communication of the proposals to Islanders remained prevalent and that clarity on the impact of the proposals on Islanders was required.

The Panel noted and discussed the advice received on 20th March 2024 from the Law Officers’ Department in respect of the clarification requested. The Panel was satisfied with the clarification received and agreed that no further action was required in that regard.

The Panel noted and discussed submissions received from targeted stakeholders in respect of the review and agreed to write to the Minister for Treasury and Resources to seek further clarity in respect of the concerns raised within the submissions.

The Panel noted and discussed the electronic petition titled Make independent Taxation Optional and raised concerns regarding the accuracy of the information included. The Chair agreed to raise the Panel’s concerns in that regard at the next meeting of the Scrutiny Liaison Committee (SLC) and to seek clarity on the States Greffe process in respect of vetting the information which is published.

The  Panel  requested  the  Officer  to  commence  drafting  of  the  Comments  for  its consideration at its next meeting on 9th April 2024.

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3.  Correspondence

The Panel noted and discussed the response received from the Chief Minister on 22nd March 2024. The Panel agreed to write to the Chief Minister seeking further clarity regarding particular workstreams including the Jersey Public Services Ombudsperson, Charities Law 2014, and Control of Housing and Work legislation.

The Panel noted that it was expecting a response to its letter from the Minister for Treasury and Resources by 28th March 2024.

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4.  P.11/2024 - Andium Homes Limited Articles of Association

The Panel noted the upcoming briefing scheduled for 2nd April 2024 at 11am on the Proposition. The Panel discussed the information received to date.

The Panel also noted that the debate on the Proposition was scheduled for 16th April 2024 and agreed to present Comments ahead of the States’ debate on the Proposition.

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5.  Amendments to the States of Jersey Law 2005

The Panel noted the upcoming briefing scheduled for 2nd April at 12:15pm on the proposals for developing the role of the Deputy Chief Minister. The Panel recalled that the draft legalisation was ready for lodging and agreed to prepare Comments to present ahead of the States’ debate on the Proposition, once lodged.

The Panel noted that further amendments to the Law were anticipated in respect of suspending Ministers and was anticipated for lodging by the end of 2024.

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6.  Role of the Cabinet Office

The Panel noted that it had been offered a briefing on the role of the Cabinet Office on 15th April 2024 at 2:30pm. The Panel confirmed its availability to receive the briefing as scheduled.

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7.  Work Programme

The Panel considered its upcoming work programme and discussed the potential for a review in respect of the Island’s insurance market and noted that the remit may cross over into that of the Economic and International Affair’s (EIA) Panel. The Chair agreed, in the first instance, to raise the matter with the Chair of the EIA Panel and to discuss any potential review at the next meeting with the SLC.

The  Panel  noted  the  uncertain  position  in  respect  of  the  Jersey  Public  Services Ombudsperson workstream and agreed to stay abreast of the workstream as a potential review topic to consider further once clarity was received regarding how it would be progressed by Government.

The Panel requested that the 2017 report by the Jersey Law Commission, Improving Administrative Redress in Jersey, be shared with it for its consideration in respect of the Jersey Public Services Ombudsperson workstream.

The Panel discussed the OECD Two Pillar taxation workstream and noted that it was awaiting a progress update from the Minister for Treasury and Resources in that regard. The Panel raised that it would be a substantial review, which would cross over with the remit of the EIA Panel. The Chair agreed to raise the potential for establishing a Sub- Panel to conduct any review in that regard at the next meeting of the SLC. The Panel

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agreed that receiving a briefing in private on the workstream would be beneficial and to request that once the update was received from the Minister.

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8.  Training

The Panel noted and discussed upcoming training on questioning techniques in public hearings that was being arranged for Panels. The Panel agreed for the training to be held on the morning of 14th May 2024, if possible.

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9.  Any Other Business

The Panel noted the Proposition Draft Income Tax (Payment of 2019 Liability) (Jersey) Amendment Regulations 202- [P.16/2024], lodged by the Minister for Treasury and

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Resources for States’ debate on 30th April 2024, which was proposing to delay payments of the Prior Year Basis taxation liabilities. The Panel agreed that no Scrutiny action was required in that regard.

The Panel noted and discussed the recent media coverage in respect of the former Chief

People and Transformation Officer and the Government’s position. The Panel discussed whether it was inclined to undertake any actions in respect of the circumstances. It was agreed that no Panel actions would be taken, however, the Chair agreed to consider presenting a written question as appropriate.

10. Next Meeting

The Panel noted its next scheduled meeting was on Tuesday 9th April 2024 at 9:30am in the Blampied Room of the States Building.  

Present

Deputy Helen Miles , Chair

Deputy Lucy Stephenson , Vice Chair Deputy Max Andrews

Deputy Jonathan Renouf

Apologies

Deputy Alex Curtis Connétable David Johnson

In attendance

Item 1 only:

Deputy Elaine Millar , Minister for Treasury and Resources Steven Robinson, Head of Shareholder Relations, Treasury and Exchequer

Abbie Moore , Assistant Private Secretary, Office of the Chief Executive

Item 2 only:

Francis Walker , Head of Policy, Cabinet Office

David Le Marquand, Policy Principal, Office of the Chief Executive

Monique Magalhaes, Committee and Panel Officer Alex Cameron, Research and Project Officer

Agenda matter

Action

1.  Briefing: Andium Homes Articles of Association [P.11/2024]

The Panel received Deputy Elaine Millar , Minister for Treasury and Resources, and Steven Robinson, Head of Shareholder Relations in the Treasury and Exchequer, for a briefing in relation to the Articles of Association for Andium Homes Limited [P.11/2024]. The meeting was held in private in accordance with the Freedom of Information (Jersey) Law 2011 (as amended) under Qualified Exemption Article 35.

2.  Briefing: States of Jersey ( Deputy Chief Minister) Amendment Law 202 -

The Panel received Francis Walker , Head of Policy in Cabinet Office, and David Le Marquand, Policy Principal in the Office of the Chief Executive for a briefing on the draft States  of  Jersey  ( Deputy  Chief  Minister)  Amendment  Law  202-  which  proposes amendments to the Deputy Chief Minister role. The meeting was held in private in accordance with the Freedom of Information (Jersey) Law 2011 (as amended) under Qualified Exemption Article 35.

3.  Teachers Pay Award: Allocation of Reserve Funding for 2024

The Panel noted and discussed the recent Ministerial Decision (MD) - MD-TR-2024-217

- made by the Minister for Treasury and Resources on 20th March 2024 to approve an allocation of up to £7,556,000 to the Children, Young People, Education and Skills Head

of Expenditure from the Central Reserve to cover the budget allocation of the 2024 teacher’s pay award. The Panel raised concerns on the decision-making process in reaching the decision, particularly in relation to allocating the funds from the Central Reserve Fund. The Panel agreed to write to the Minister for Treasury and Resources to understand the policy and process for allocating funds from the Central Reserve.

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Present

Deputy Helen Miles , Chair

Deputy Lucy Stephenson , Vice Chair Deputy Max Andrews

Deputy Jonathan Renouf Connétable David Johnson

Apologies

Deputy Alex Curtis

In attendance

Monique Magalhaes, Committee and Panel Officer Alex Cameron, Research and Project Officer

Agenda matter

Action

1.  Record of Meetings

The Panel noted and approved the records of the meetings held on 26th March and 2nd April 2024.

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2.  P.6/2024 - Draft Income Tax (Amendment - Stage 2 of Independent Taxation (Jersey) Law 202-

The Panel discussed and approved the Comments on P.6/2024.

The Panel discussed the communication strategy undertaken to date by the Treasury Department  and  whether  communications  could  be  improved  via  further  proactive measures and increased responsiveness to public concern.

The Panel shared feedback from constituents expressing concerns that independent taxation  would  make  them  worse  off,  which  was  believed  to  be  caused  by misunderstandings of the proposals.

The  Panel  agreed  to  include  a  recommendation  regarding  communications  of  the proposals within its Comments and to present its Comments as soon as possible ahead of the States’ debate on the proposition which was scheduled for 16th April 2024.

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3.  P.11/2024 - Andium Homes Limited Articles of Association

The Panel noted and approved the Comments on P.11/2024. The Panel agreed to

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present  the  Comments  as  soon  as  possible  ahead  of  the  States’  debate  on  the proposition which was scheduled for 16th April 2024.

4.  People and Culture Follow-up Review

The Panel noted that the drafting of the Scrutiny Report for the review was progressing well and agreed to present its report by mid-May 2024, if possible.

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5.  Correspondence  

The Panel noted and discussed the correspondence from the Minister for Treasury and

Resources received on 28th March 2024. The Panel highlighted the Organisation for Economic Co-operation and Development (OECD) as an important workstream moving forward which the Panel agreed to continue to assess and seek clarification on jointly with the Economic and International Affairs Panel.

The Panel noted and discussed a letter received from the Chief Minister on 8th April 2024,

providing further clarification on a number of workstreams, particularly the Jersey Public Services Ombudsperson (JPSO). The Panel discussed its potential scrutiny approach with regard to the JPSO and agreed to continue monitoring the workstream.

6.  Work Programme

The Panel noted and discussed its work programme and agreed to consider it further at a later date.

7.  States Business

The Panel noted The Codes of Conduct & Practice for Ministers and Assistant Ministers (R.31/2024) and requested the Officer to liaise internally in relation to a number of

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observations. It was also noted that the Common Strategic Policy (CSP) was due to be published that day.

8.  Upcoming Briefings

The Panel noted the upcoming briefing to be received from the Chief Minister on the Role of the Cabinet Office on 15th April 2024 at 2:30pm.

The Panel noted that the briefing on the OECD Pillars workstream, that was due to be received on 22nd April 2024, was being rescheduled. It was noted that a new invite would be circulated once confirmed.

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9.  Any Other Business

The  Panel  discussed  scheduling  meetings  with  the  newly  appointed  Children’s Commissioner for Jersey and the Comptroller & Auditor General to understand their roles and upcoming workstreams. The Panel agreed to contact the respective officers to explore potential meeting times.

The Panel noted the creation of a review panel that would scrutinise the progress of the new hospital, with Deputy Renouf set to chair the panel.

The Panel noted the extension of the interim CEO’s tenure. The Panel agreed to continue

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monitoring the situation.

10. Next Meeting

The Panel noted that its next scheduled meeting was at 9:30am on Tuesday 23rd April 2024 in the Blampied Room, States Building.

Present

Deputy Helen Miles , Chair

Deputy Lucy Stephenson , Vice Chair Deputy Max Andrews

Deputy Jonathan Renouf

Deputy Alex Curtis

Apologies

Connétable David Johnson

In attendance

Item 1 only:

Deputy Lyndon Farnham , Chief Minister

Andrew McLaughlin, Chief Executive Officer, Cabinet Office

Tracy Mourant, Private Secretary, Ministerial Office

Item 2 only:

Francis Walker , Head of Policy, Cabinet Office

Ian Cope, Chief Statistician and Director of Statistics and Analytics, Statistics Jersey

Monique Magalhaes, Committee and Panel Officer

Agenda matter

Action

1.  Briefing: Role of the Cabinet Office

The Panel received Deputy Lyndon Farnham , Chief Minister, and Andrew McLaughlin, Chief Executive Officer, for a briefing in relation to the role of the Cabinet Office. The meeting was held in private in accordance with the Freedom of Information (Jersey) Law 2011 (as amended) under Qualified Exemption Article 35.

2.  Briefing: Draft Statistics and Census (Amendment) (Jersey) Law 202-

The Panel received Francis Walker , Head of Policy, and Ian Cope, Chief Statistician and Director of Statistics and Analytics, for a briefing on the draft Statistics and Census (Amendment) (Jersey) Law 202- which proposes amendments to the Statistics and Census (Jersey) Law 2018 to bring Jersey’s statistical system in line with international best practice. The meeting was held in private in accordance with the Freedom of Information (Jersey) Law 2011 (as amended) under Qualified Exemption Article 35.

Present

Deputy Helen Miles , Chair

Deputy Lucy Stephenson , Vice Chair Deputy Max Andrews

Deputy Jonathan Renouf Connétable David Johnson

Apologies

Deputy Alex Curtis

In attendance

Monique Magalhaes, Committee and Panel Officer Alex Cameron, Research and Project Officer

Agenda matter

Action

1.  Record of Meetings

The Panel noted and approved the records of the meetings held on 9th and 15th April 2024.

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2.  People and Culture Follow-up Review

The Panel considered the draft Scrutiny Report for the People and Culture Follow-up Review and agreed to consider it further before agreeing on how to proceed at its next meeting on 7th May 2024.

3.  Draft Statistics and Census (Amendment) (Jersey) Law 202-

The Panel discussed the briefing received on 15th April on the draft proposals and agreed, once the proposition was lodged, to draft a Comments paper for presentation ahead of the debate by the States Assembly on the proposition. To inform its Comments, the Panel agreed to write to the Statistics User Group to request its views on the draft proposals. The Panel agreed to action this following the lodging of the proposition.

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4.  Draft States of Jersey ( Deputy Chief Minister) Amendment Law 202-

The Panel noted the imminent lodging timeline for the proposition and agreed, following its lodging, to draft a Comments paper for presentation ahead of the debate by the States Assembly on the proposition.

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5.  Common Strategic Policy [P.21/2024]

The Panel noted that the Common Strategic Policy (CSP) was lodged on 9th April 2024

for earliest debate by the States Assembly on 21st May 2024. The Chair noted that the Scrutiny Liaison Committee was due to consider the CSP and any actions to follow. The Panel considered the CSP and agreed that, presently, it would not require any further action from the Panel.

6.  Briefing: Role of the Cabinet Office

The Panel noted the briefing received on 15th April and agreed that it would closely monitor any developments regarding the Cabinet Office workstream, with the view to consider a review of any areas that it identified as pertinent.

7.  Correspondence  

The Panel noted a response received from the Minister for Treasury and Resources on

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10th April 2024 to the Panel’s letter dated 2nd April 2024. The Panel discussed the

response and agreed to inquire further when it received the Minister for a public hearing on 17th May 2024.

8.  Quarterly Hearing – Minister for Treasury and Resources

The Panel noted the upcoming quarterly hearing with the Minister for Treasury and Resources  scheduled  for  17th  May  2024.  The  Panel  discussed  potential  areas  of questioning and agreed to begin drafting a question plan for the hearing.

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9.  Work Programme

The Panel noted and discussed its work programme and agreed to consider it further at a later date.

10. Upcoming Briefings and Meetings

The Panel noted the upcoming briefing on the Organisation for Economic Co-operation and Development (OECD) Pillar two workstream on Friday 3rd May at 1pm. The Panel acknowledged that the Chair of the Economic and International Affairs (EIA) Panel had extended an invite for a further briefing related to this workstream, that was to be held in private, scheduled for 25th April 2024 at 1pm. The Panel agreed that it would attend this briefing jointly with the EIA Panel.

The Panel noted that it was due to attend questioning training on the morning of Tuesday 14th May.

The Panel noted its meeting with the Children’s Commissioner for Jersey on Tuesday 28th May at 10am.

The Panel noted an offer to receive a joint briefing with the Children, Education and Home Affairs Panel on the Crisis Resilience and Emergency Planning workstreams. The Panel was informed that the workstreams involved both the remits of the Chief Minister and Minister for Home Affairs. The Panel agreed to attend the briefing and requested for it to be arranged.

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11. Any Other Business

The Panel discussed the work of the Privileges and Procedures Committee in relation to electoral register reforms. The Panel requested the Officers to informally inquire on the progress of the workstream and provide an update to the Panel.

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12. Next Meeting

The Panel noted that its next scheduled meeting was at 9:30am on Tuesday 7th May 2024 in the Blampied Room, States Building.

Present

Deputy Helen Miles , Chair

Deputy Lucy Stephenson , Vice Chair Deputy Max Andrews

Deputy Jonathan Renouf Connétable David Johnson

Deputy Alex Curtis

In attendance

Monique Magalhaes, Committee and Panel Officer Alex Cameron, Research and Project Officer

Agenda matter

Action

1.  Record of Meetings

rd April 2024.

The Panel noted and approved the records of the meetings held on 23

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2.  People and Culture Follow-up Review

The Panel considered the draft Scrutiny Report for the People and Culture Follow-up Review and agreed to consider it further before agreeing on how to proceed. The Panel agreed to schedule a meeting to discuss the report at 12:30pm on 14th May 2024.

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3.  Quarterly Hearing – Minister for Treasury and Resources

The Panel discussed and agreed the draft question plan for the upcoming quarterly hearing with the Minister for Treasury and Resources scheduled for 17th May 2024.

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4.  Quarterly Hearing – Chief Minister

The Panel noted the upcoming quarterly hearing with the Chief Minister scheduled for 7th June 2024 and considered the questioning areas to include.

The Panel discussed how it could engage the public for the hearing and agreed to request a social media post seeking questions from members of the public for its consideration to include in its questioning of the Chief Minister.

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5.  P.26/2024 – States of Jersey Development Company Limited: New Articles of Association

The Panel noted proposition P.26/2024 – The States of Jersey Development Company

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Limited: New Articles of Association – and discussed its scrutiny approach. The Panel agreed it would review the proposition further prior to agreeing a decision on its approach at its meeting on 28th May.

6.  Hearing Questioning Training

The Panel noted and discussed its upcoming hearing questioning training scheduled for Tuesday 14th May from 9am -12:30pm in the Blampied Room of the States Building.

7.  Upcoming Briefings and Meetings

The Panel noted its upcoming briefings/meetings scheduled as follows:

• OECD Pillar Two Taxation - TBC

• Meeting with the Children’s Commissioner for Jersey on Tuesday 28th May at 10am

• Joint briefing with the Children, Education and Home Affair’s Panel on Emergency Planning on Thursday 4th July at 3:30pm

8.  Any Other Business

Further to the Panel’s request to receive the States Employment Board (SEB) meeting minutes, the Officer informed that the Chief Minister had informed that only individual requests for minutes would be considered. Upon discussion, the Panel noted that the SEB meeting agendas had not been made public and agreed to write to the Chief Minister in request of these.

The Panel recalled a letter received from the Minister for Treasury and Resources in

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relation to the Teachers Pay Award and agreed to write to the Chief Minister requesting the minutes for the meetings of the SEB in that regard, given that the decision was made prior to the formation of the current SEB.

The Panel discussed the role of Chief People and Transformation Officer and recalled information received during a public hearing on 1st December 2023 advising that full-time

recruitment  for  a  new  permanent  appointment  was  planned,  as  well  as  possible reshaping of the role. The Panel agreed to write to the Chief Minister seeking an update on the role.

The Panel recalled a  letter from the Chief Minister on 22nd March advising that a

Ministerial Response to S.R.4/2024 – Proposed Government Plan 2024-27 Review –

was due to be received. The Panel agreed to write to the Chief Minister requesting an update on the response.

9.  Next Meeting

The Panel noted that its next scheduled meeting was at 9am on Tuesday 14th May 2024 in the Blampied Room, States Building.

Present

Deputy Helen Miles , Chair

Deputy Lucy Stephenson , Vice Chair Deputy Max Andrews

Deputy Jonathan Renouf Connétable David Johnson

Apologies

Deputy Alex Curtis

In attendance

Monique Magalhaes, Committee and Panel Officer Alex Cameron, Research and Project Officer

Agenda matter

Action

1.  People and Culture Follow-up Review

The Panel discussed the draft report for the People and Culture Follow-up Review. The Panel approved the body of the report and agreed to publish it in the absence of any findings and recommendations as a result of the change in Government mid-review process. The Panel requested for the Officer to initiate the fact-checking process for stakeholder feedback. The Panel also requested that a letter be drafted to be sent to stakeholders to relay the rationale for its approach with respect to the report, considering that findings and recommendations would not be included.

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2.  Quarterly Hearing – Minister for Treasury and Resources

The Panel discussed the draft question plan for the upcoming quarterly hearing with the Minister for Treasury and Resources scheduled for 17th May 2024 and requested the Officer to finalise it.

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Present

Deputy Helen Miles , Chair [Items 1 - 3 only]

Deputy Lucy Stephenson , Vice Chair [Items 1 - 3 only] Deputy Max Andrews

Deputy Jonathan Renouf

Connétable David Johnson

Deputy Alex Curtis

In attendance

Items 2 and 4:

Deputy Elaine Millar , Minister for Treasury and Resources

Deputy Ian Gorst , Assistant Minister for Treasury and Resources

Cora O’Brien, Deputy Comptroller of Revenue, Treasury and Exchequer

Emily Parris, Administration and Research Officer, Cabinet Office

Item 2 only:

Andrew Hacquoil, Group Director - Strategic Finance, Treasury and Exchequer

Richard Summersgill, Comptroller of Revenue, Treasury and Exchequer Richard Bell, Treasurer, Treasury and Exchequer

Item 4 only:

Tom Le Feuvre, Director - Global Markets and International Agreements, Cabinet Office

Henry Buckley, Private Secretary, Ministerial Office

Deputy Montfort Tadier , Chair, Economic and International Affairs Panel Deputy Geoff Southern , Vice-Chair, Economic and International Affairs Panel

Deputy Karen Wilson , Member, Economic and International Affairs Panel

Monique Magalhaes, Committee and Panel Officer Alexander Cameron, Research and Project Officer

Gwyn Garfield-Bennett, Communications Officer [Items 2 and 3 only]

Agenda matter

Action

1.  Quarterly Public Hearing with the Minister for Treasury and Resources: pre- hearing discussion

The Panel discussed and agreed the areas of questioning for the quarterly public hearing with the Minister for Treasury and Resources scheduled to take place that morning.

2.  Quarterly Public Hearing with the Minister for Treasury and Resources

The Panel received Deputy Elaine Millar , Minister for Treasury and Resources, Deputy Ian Gorst , Assistant Minister for Treasury and Resources and Officers for the quarterly public hearing at 11:00am. The hearing was webcast live, recorded and transcribed.

3.  Quarterly Public Hearing with the Minister for Treasury and Resources: post- hearing discussion

The Panel discussed and agreed the areas to include in a social media post to highlight the key areas of discussion that had taken place during the quarterly public hearing. The Panel requested that a press notice be drafted for release following the social media post.

The Panel noted the upcoming quarterly public hearing with the Chief Minister on 7th June 2024 and agreed to request that the hearing be extended to two hours.

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4.  Briefing: Organisation for Economic Co-operation and Development (OECD) Pillar 2 International Taxation

The Panel received Deputy Elaine Millar , Minister for Treasury and Resources, Deputy Ian Gorst , Assistant Minister for Treasury and Resources, and Officers, for a briefing jointly with the Economic and International Affairs (EIA) Panel on the OECD Pillar 2 International Taxation initiative. The meeting was held in private in accordance with the Freedom of Information (Jersey) Law 2011 (as amended) under Qualified Exemption Article 35.