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Scrutiny Weekly Activity Bulletin - 19 June 2020

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Scrutiny Liaison Committee Weekly Bulletin of Panel/Committee Activity Week ending Friday 19th June 2020

Scrutiny Liaison Committee  

The Committee met the Chief Minister for the presently weekly liaison meeting on Monday 19th June. Topics discussed included:

Our Hospital - partnership announcement

Ports of Jersey - update on the testing pilot programme

Allocation of resources (people) in the civil service - managing the return to more business as usual' work

Update from the CoM meeting held the previous week

Government Plan - update on the draft MoU between the Government and the SLC (on behalf of all Panels) to establish the framework for Panels to share meaningful information (provided by the Government in a timely manner before lodging) with the general public or agreed targeted stakeholders. This is to help facilitate effective scrutiny of the plan, in the context of support for the proposed reduced 9 week lodging period. The MoU was shared with SLC/Gov't Plan Review Panel during the week and all scrutiny members will be asked to consider it and offer feedback via their respective Panels.

Public finances cash flow challenges - including the impact on services, and how this is being addressed by the Ministers and Government officials.

SLC also held a full agenda meeting on Thursday 18th June, largely discussing in detail current and planned activity across panels and the PAC and a number of outstanding administrative matters. The agenda can be viewed here and minutes will be available shortly. It also approved a Scoping Document and Terms of Reference for a review to be undertaken by the Economic and International Affairs Panel on the demerger of CICRA.

Corporate Services Scrutiny Panel

The Panel has mainly focused on reports, propositions and ongoing Covid-19 response

The Panel sent a letter to Jersey Water around the Water Resources Management Plan, such as potential costs of projects. An answer was received (16th June)

Updated tracking details on use of public finances to fund COVID-19 actions were received from Treasury (18th June)

The Panel held a joint meeting with Efficiencies Review Panel to receive an update from the Efficiencies Programme Board (12th June)

The Panel held its weekly meeting with the Minister for Treasury and Resources, who updated it on Covid-19 actions

The Panel held a scheduled meeting with the States Employment Board to discuss P.73/2020,P.74/2020 and R.48, on Monday 15th June at 3pm

The Panel received a briefing paper for P.70/2020, States of Jersey Development Company

The Panel received information from the Minister for Treasury and Resources, following a request for information around MD-TR-2020-0033 (Reserve funding for Serology Tests)

The Panel received the business case made for funding of essential staff accommodation

The Panel received papers from the meeting of the Emergencies Council held 8th June

The Panel received papers from the Council of Ministers meeting held 10th June

The Panel continues to review its section of the Government Plan: 2020-2023 S.R.13/2019, highlighting impact and potential prioritisation following Covid-19

Future meetings

The Panel has weekly meetings to discuss COVID-19 and general business,scheduled on Wednesday mornings.

The Panel has weekly meetings with the Minister for Treasury and Resources. This are scheduled for Wednesday afternoons

The Panel has a scheduled meeting with the Chief Minister to discuss the Office Strategy on Wednesday 3rd July, having been rescheduled

The Panel has a Quarterly Public Hearing with the Chief Minister scheduled for 3pm on Monday 29th June, having been rescheduled due to availability of Officers. A question plan has been formed

The Panel has a scheduled meeting with the Government of Jersey Director of Communications to discuss communications during the Covid-19 response on Monday 22nd June at 12pm

The Panel has a joint meeting with EIA on Monday 22nd June at 3pm with Ports of Jersey to discuss P. 71 Proposed Airport Redevelopment: review

The Panel has a joint meeting with EIA on Friday 19th June at 9am to receive a briefing on Project Gulf

The Panel has scheduled a meeting with the Jersey Appointments Commission on Tuesday 23rd June at 3pm to discuss ongoing work programmes, P.70 States of Jersey Development Company: amendment to the Board of Directors and Articles of Association and R.48 States Employment Board Annual Report 2019

The Panel is scheduling a briefing from officers on Rebalancing the Government's Finances update

Economic and International Affairs Panel

The Panel is mainly focussing on the work of the Minister for Economic Development and the support offered to the business community. The Panel is also focussed on the economic impacts of the outbreak.

The Panel has been discussing the Government Plan in light of the Covid-19 Crisis. With the Government Plan due to be lodged in October, the Panel has decided to evaluate its proposals and consider the Government Plan's workstreams in view of the changing circumstances. This work is likely to take place over the next month or two.

The Panel has worked with the Corporates Services Scrutiny Panel to complete a Scoping Document and Terms of Reference for its review of the Covid-19 recovery work. The Panel will work closely with the Corporate Services Panel on the review, particularly as remits crossover. Both Panels are mindful that the C&AG also plans to undertake a piece of work on the matter. In order to ensure crossover is managed appropriately, the Panel has shared the Scoping Document with the C&AG and, in turn, the C&AG has shared the scope of her work also. The C & AG and the Panel have identified some degree of potential crossover; however, the C & AG and Panel do not anticipate this to cause significant issues. The Panel has approved the Scoping document and Terms of Reference and will shortly be announcing the review.

The Panel has drafted a survey to gather information from the business community in relation to business owners' and self- employed people's views on the payroll scheme and its application process. The Panel notes that two other surveys have been recently undertaken by organisations on the same subject. In that regard, the Panel has decided to delay issuing its survey but will revisit it in due course when it may decide to include additional questions on other areas related to Covid-19.

The Panel has sent out a call for evidence' from businesses on their views of how the level two guidelines which form part of the Safe Exit Framework is being managed. The Panel has started to receive submissions from businesses relaying their views and experiences.

The Panel met with members of the Chamber of Commerce on Monday 22 June for a weekly catch up meeting.

The Panel has weekly catch-up meetings with the Minister for Economic Development (normally on a Thursday morning).

The Panel is likely to hold further meetings/Hearings in due course. Witnesses identified include the Chamber of Commerce, Jersey Business and Jersey Hospitality Association. Dates to be confirmed.

Children, Education and Home Affairs Panel

Briefings/Meetings arranged/work undertaken

The Panel has followed up concerns raised by Jersey Cares in relation to the regulation of children's residential homes during the Covid-19 outbreak. This has stemmed from the States Assembly's decision to adopt P.26/2020 Regulation of Care (Standards and Requirements) (Covid-19 Temporary Amendment) (Jersey) Regulations 202-. Additionally, the Panel has written to the Minister for Children to relay Jersey Care's most recent concerns and will be publishing the response.

The Panel has presented Comments on the second phase of the Draft Marriage and Civil Partnership regulations: Draft Covid-19 (Civil Partnerships and Marriage No.2) (Jersey) Regulations 202-, which were debated and adopted on 16th June 2020.

The Panel is liaising with the States of Jersey Police with regards to receiving a weekly update on its operations during the Covid-19 crisis. The update would include the statistical data gathered during this period when arrests, cautions and words of advice transpire within the community.

The Panel is due to meet with the Minister for Children and Housing on Friday 19th June to discuss matters concerning the Covid-19 response within his remit. It is also planning a catch- up meeting with the Minister for Home Affairs on the same day. Due to unforeseen factors the meeting with the Minister for Education was postponed for this week.

The Panel is due to consider the next steps of its work in respect of Covid-19 (specifically the recovery phase and safe return of schools) at its next scheduled meeting on Monday 22nd June.

The Panel is due to begin consultation with the States of Jersey Police and Chefs de Police in relation to the proposed Draft Covid-19 (Fixed Penalty Notices) (Jersey) Regulations 202-. The Panel has communicated its Terms of Reference to the Minister for Home Affairs and is planning to consult with additional stakeholders (including the Children's Commissioner) if the legislation is formally lodged. At present there is no certainty as to when the legislation will be lodged as it has yet to be approved by CoM.

Comments/Amendment/Publications

The Panel has presented Comments on the following pieces of legislation since 20th March 2020:

P.22/2020 – Draft Unlawful Public Entertainments (Amendment) (Jersey) Regulations 202-

P.23/2020 Marriage and Civil Status (Amendment of Law (Covid-19 - Temporary Amendment) Regulations 202-

P.24/2020 – Draft Criminal Procedure (Jersey) Law 2018 (Appointed Day) (No.3) Act 202-

P.30/2020 – Draft Covid-19 (Schools and Day Care of Children) (Jersey) Regulations 202-

P.36/2020 – Marriage and Civil Status (Amendment of Law No.2) (Covid-19 - Temporary Amendment) Regulations 202-

The Panel has worked with the Corporate Services Scrutiny Panel in order to develop the amendment to P.41/2020 Draft Covid-19 (Emergency Provisions – Courts) (Jersey) Regulations 202-

The Panel has contributed its views to the Health and Social Security Scrutiny Panel's comments on P.48/2020 Draft Covid-19 (Restricted Trading) (Jersey) Regulations 202-

P.60/2020 – Draft Covid-19 (Civil Partnerships and Marriage) (Jersey) Regulations 202-

P.77/2020 - Draft Covid-19 (Civil Partnership and Marriage No. 2) (Jersey) Regulations 202- Environment, Housing and Infrastructure Panel

The Panel has undertaken work and received briefings on the following matters: Future briefings/legislative changes to consider

The Panel has written to the Ministers for Children and Housing, Infrastructure and Environment to request information on how they might reprioritise resources to deliver projects (responses were requested for 1st June 2020 but all Ministers have asked for extra time of up to two weeks to collate the information).

The Panel will consider a revised work programme at its next meeting of 23rd June 2020 which will consist of:

o Government Plan timeline;

o Government Plan topics and follow-up

o Draft Wildlife (Jersey) Law

o P.106/2019(Draft Public Health and Safety (Rented Dwellings) (Licensing) (Jersey) Regulations 201-)

o Island Plan Review

o Rebalancing Budget

The Panel is due to hold a Quarterly Hearing with the Minister for Infrastructure on 7th July and a Quarterly Hearing with the Minister for Children and Housing on 9th July.

Health and Social Security Panel

The Panel has undertaken work and received briefings on the following matters:

The Panel met with the Excess Death Group on 15th June following a commitment made by the Minister for Health and Social Services during the debate of P.65/2020. The Panel was briefed on the changes that have been made to the registration of death process as a result of Covid-19.

The Panel received a response from the Minister for Health and Social Services to a series of questions regarding the PwC JCM Review Paper . The Panel was not satisfied with the level of information contained within the response with regards to the timeline for the completion of the JCM. It was agreed that the Panel would write again to the Minister requesting further clarification.

The Panel agreed to undertake background work to help inform its review of the Government Plan/Recovery Plan. Officers begun collating questions for both the Minister for Social Security and the Minister for Health and Social Services based on the Panel's findings and recommendations from its review of the previous Government Plan.

On Tuesday 16th June, the Panel raised questions with the Minister for Health and Social Services regarding the potential use of the Dexamethasone drug treatment on the Island and the closure of the Samares Ward in Overdale.

Future briefings/legislative changes to consider:

The Panel is due to receive a briefing from HCS on the Covid-19 (Control of Testing) (Jersey) Regulations 202-. The date is yet to be confirmed.

The Panel is due to receive a weekly update on Monday 22nd June from the Minister for Health and Social Services on his response to Covid-19.

The Panel is due to receive a briefing on Thursday 25th June from the Minister for Health and Social Services and his Officers about the potential move from a 2 to 1 metre social distancing requirement.

Public Accounts Committee  

The Quarterly hearing with the Chief Executive and Treasurer of the States originally scheduled for June 15th has been moved to July 27th – this is to accommodate questions on the C&AG's reviews on:

o Handling complaints

o SoJDC

o Use of Enforcement

o Covid-19 response

Estate Management - the PAC has extended the length of the review to allow for the Covid- 19 response:

o A response expected 26th June from Acting DG GHE on written questions

o A public hearing to be held on 29th June with the Acting DG GHE and Director of Estates

A draft Code of Conduct has been rejected by members and an agreed form of words will be circulated on Monday 22 June (expected to be approved at PAC next meeting of 29 June)

The PAC is drafting a comments paper on the States Annual Report and Accounts 2019

The PAC will further consider a work programme at its meeting of 29th June, to include:

o Follow up work on the C&AG's planned review of the Covid-19 response

o A review of the former C&AG's Thinkpiece report, in particular, Governance.

The Chair and officer continue to have weekly updates with the C&AG via videoconference (Monday mornings)