Scrutiny Weekly Activity Bulletin - 21 August 2020

Scrutiny Liaison Committee

Weekly Bulletin of Panel/Committee Activity

Week ending Friday 21st August 2020

Corporate Services Scrutiny Panel- Activity Update

The Panel has mainly focused on its Covid-19 review and ongoing non-review work.

• Updated tracking details on the use of public finances to fund COVID-19 actions were received from Treasury on 19th August 2020. The Panel are examining the drawn down amounts of funds allocated from General reserves.

• The  Panel  is  mindful  of  its  review of  its  section  of  the  Government Plan: 2020-23 S.R.13/2019, it is awaiting the 6-monthly report before taking further actions..

• The Panel continues its Covid-19 Response and Recovery Review. An interim report is being developed, a public call for evidence has been released.

• The Panel is developing a review of the Prior Year Basis Tax Reform, a scoping document and terms of reference are being advanced for consideration by the Scrutiny Liaison Committee.

• The Panel met on the 18th August discussing planned briefings, COVID-19 response and recovery review, prior years basis tax reform review, work programme, government plan, decisions, impending public hearings and lodged propositions/reports relevant to its work.

• The Panel received a joint briefing with the Health and Social Security Panel on the Draft Community Costs Bonus (Jersey) Regulations 202- on 18th August.

• The Panel received a response to its letter sent 6th August to the Chief Minister regarding non-disclosure agreements and Codes of Conduct of States Employees.

• The Panel received and discussed R.80/2020 Procedures for allocation from the reserve: Ministerial Statement.

• The Panel discussed the Public Finances (Amendment of Law) (Jersey) Regulations 2020 due to expire on the 30th September 2020.

• The Panel received a response from the CEO of JEC regarding its request for minutes of minutes with Government officials and Codes of Conduct.

• The Panel are sending a follow up letter to the Minister for Treasury and Resources in relation to Memorandum of Understanding and Shareholder Minutes for States-owned entities.

• The Panel are sending a letter to the States Employment Board regarding disciplinary procedures for senior leadership and monitoring of staff absences.

Future meetings/briefings

• The next meeting of the Panel is scheduled for Tuesday 1st September at 9.30am.

• The weekly briefing with the Minister for Treasury and Resources was postponed on the 19th August 2020 and is in the process of being re-organised.

• A briefing on Consultants: Reporting on their use by the Government of Jersey is scheduled with the Chief Minister for Friday 11th September at 2pm.

• A briefing with the Chief Minister on Migration Policy is being scheduled.

• A meeting with the Psychologists for Social Change Jersey Branch is being scheduled.

• A Public Hearing with the Chief Minister to discuss the Government Plan 2021-24 has been scheduled for 13th October at 10am.

• A Public Hearing with the Minister for Treasury and Resources to discuss the Government Plan 2021-24 has been scheduled for 26th October at 3.30pm.

• A Quarterly Hearing with the Minister for Treasury and Resources is scheduled for Monday 14th September at 1.30pm.

• A Quarterly Hearing with the Chief Minister is scheduled for Friday 18th September at 2pm.

Economic and International Affairs Panel Activity Update

Covid-19

• The Panel is undertaking a joint review with the Corporates Services Scrutiny Panel on the Covid-19 recovery work. The Panel will work closely with the Corporate Services Panel on the review, particularly as remits crossover. As part of this work, the Panel has decided to present an interim report on the response to Covid-19 to date, which is due to be completed during August. The Panel has started to contact stakeholders to gather evidence for its interim report.

• The Panel, alongside the Corporate Services Panel, agreed to appoint Mr Stuart Fair and Mr Jeffery Matsu, of the Chartered Institute of Public Finance and Accountancy as expert advisors for its review of the Covid-19 response and recovery review. The Panel will meet with its advisors once its interim report has been completed.

• The Panel was having weekly catch-up meetings with the Minister for Economic Development (normally on a Thursday morning) but these have now reduced to the last Thursday of every month.

• The Panel is due to receive the Chamber of Commerce for its weekly catch-up on 21st August.

• The Panel will next meet on 21st August.

Other reviews

• Review of CICRA – The Panel requested submissions from a range of stakeholders. The deadline to receive submissions was the 31st July, but some stakeholders have asked for an extension. So far, the Panel has received response from Sure, JT, Guernsey, Consumer Council, and the Institute of Directors. The Panel is due to hold a Public Hearing with the Economic Development Minister on 11th September.

• External Relations Processes – to the Panel's report is due to be sent to the External Relations Department for factual checking.

• Government Plan - 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. At the Panel's meeting on 10 July, the Panel agreed it would begin to consider the RAG ratings that were attributed to the projects at the time of the previous Government Plan Review in view of the funding requirements, and the current circumstances and priorities regarding each project as part of the Government Plan Review. In that regard, the Panel is due to send each of the Ministers under its remit a letter asking about the status of the projects identified in the previous Government Plan.

• P.129 Mandatory Disclosure Rules – The Panel called-in the legislation following a delay in receiving information from the Department. The Panel received a briefing on the proposition on 20th August.

Quarterly Hearings

• The Panel has requested an additional Hearing with the Minister for Economic Development at the end of September.

• The Panel is due to hold a Public Quarterly Hearing with the Minister for International Development on Friday 4th September.

Children, Education and Home Affairs Panel

Briefings/Meetings arranged/work undertaken

• In relation to Covid-19, the Panel is considering the Government Plan in light of the crisis. The Panel has decided to evaluate and consider the current Government Plan's projects in view of the changing circumstances.

• At the Panels meeting on Monday 17th August, the Panel noted that P.103/2020 Draft Covid- 19 (Amendments – Extension, Suspension and Repeal) (Jersey) Regulations 202- had been lodged by the Minister for Health and Social Services. As the proposition refers to legislation that has been examined by the Panel during the Covid-19 outbreak, the Panel will be considering the legislation that falls within its remit contained in the proposition in respect of whether it will be repealed, extended or suspended. It is anticipated that the Panel will discuss this and any follow up actions at its next meeting.

• The Panel is keeping a watching brief on the Draft Covid-19 (Fixed Penalty Notices) (Jersey) Regulations 202- which is being considered in light of the Covid-19 response. During a Quarterly Public Hearing with the Minister for Home Affairs on Friday 10th July the Panel was informed that the Fixed Penalty Notice legislation had been placed on hold and that no further action would be taken regarding the legislation at this time.

• The Panel continues to have a weekly meeting, on a Monday, with the Minister for Education to remain informed around the Covid-19 response within her remit. At its meeting on Monday 17th August, the Panel discussed matters regarding exam results in the absence of the exam process. The Panel is also due to arrange further catch up meetings with the Minister for Home Affairs and Minister for Children and Housing.

• The Panel is considering any follow up actions in relation to the amendment to the Unlawful Public Entertainment Regulations that was made at the start of the Covid-19 outbreak. The Panel discussed the regulations at its Panel meeting on Monday 17th August. It will consider any follow up actions at its next Panel meeting after liaising with the Legislative Drafting Office on proposals discussed.

Business as usual work

The Panel is commencing its business as usual work programme as Covid-19 related work begins to ease.

Briefings/Meetings arranged/work undertaken

• Teacher Recruitment and Retention Review

The Panel is finalising its work on the Teacher Recruitment and Retention Review with the intention to present its report imminently. The Panel anticipates it will present its report on Tuesday 25th August.

• Government Plan

The Panel will be discussing the Projects comprised in the Government plan in relation to the RAG ratings it attributed to them during the previous Government Plan Review process, as well as any actions to follow. It is also due to consider the manner in which it will approach its scrutiny of the upcoming iteration of the Government Plan. This work will be undertaken over the next couple of months and it is currently arranging public hearings with the Ministers within its remit to take place in October 2020.

• Taser Proposition

The Panel is undertaking a review of the Change to the Deployment of Tasers by the States of Jersey Police which was lodged for debate by the Minister for Home Affairs on Tuesday 28th July. The Panel launched its review on Monday the 10th August 2020. Letters have been sent to several stakeholders as outlined in the Scoping Document for the review requesting their views. The Panel has started to receive views from members of the public via online submissions through the States Assembly website.

• Updated Police Complaints Law

The Panel received a briefing on proposals to update the Police Complaints law on Monday 27th July which are due to be brought forward by the Minister for Home Affairs in due course. The Panel has compiled a Scoping Document and Terms of Reference for the proposed review and is considering its approach to a proposed review.

• Briefing from authors of the Independent School Funding Review

The Panel is due to receive a briefing from the authors of the Independent School Funding Review on Monday 24th August.

• Briefing on progress of the Target Operating Model

The Panel is due to receive a briefing from the Department for Justice and Home Affairs on the Target Operating Model on Tuesday 25th August.

• Public Quarterly Hearings

The Panel is due to hold quarterly public hearings with the Minister for Education on Friday 25th September, with the Minister for Children and Housing on Friday 2nd October and the Minister for Home Affairs on Friday 9th October.

Environment, Housing and Infrastructure Panel

The Panel were due to meet on 18th August; however, the meeting was cancelled as there was not a quorum of Members present. The Panel's next meeting is due to take place on 1st September.

Update on ongoing Scrutiny matters:

• Bridging Island Plan Review – The Panel agreed the final draft of the Terms of Reference and Scoping document. The Panel discussed the need for an expert advisor, but it was agreed that one was not required at this time. The Panel noted that the Strategic Policy, Performance and Planning Department had already sought independent advice from their strategic partner' Arup Consulting, who had produced a report to inform the Minister's proposal to lodge a shorter bridging' Island Plan. As it would be possible to invite and question the Department's strategic partner at a public hearing or write to them (and others within the field of Planning) with written questions, it was decided it would be possible to seek valuable insight and expertise through these methods, as opposed to commissioning an advisor. The Bridging Island Plan Review launched on 6th August and is open for submissions. The deadline for submissions is 11thSeptember.

• Investigation into the establishment of a digital register of landlords and tenants [P.82/2020] – the Panel discussed a progress update from the Minister for the Environment.
• Residential Tenancy Deposit Scheme – the Panel discussed a response from the Minister for Children and Housing outlining the process and rationale for the renewal of the contract with MyDeposits Jersey. The Panel is following up with the Minister with further queries on this. In particular, seeking clarification on what encouragement was given for local companies to bid for the tender as it was noted that no local companies had made a bid.
• Foreshore encroachment policy – the Panel is still awaiting the final report of Jersey Property Holdings' internal review of the policy.
• Government Plan – the Panel noted a provisional timeline for the upcoming review and agreed public hearing dates with Ministers.

Future briefings/legislative changes to consider

• The Panel is awaiting further updates from the Ministers for Children and Housing, Environment and Infrastructure as to how they might reprioritise resources to deliver projects contained within the Government Plan.

• The Panel was due to be briefed by Ministers and Officers from Growth, Housing and Environment on the GHE Target Operating Model, however the briefing was cancelled by the Department at short notice. An alternative date is being arranged for this briefing.

Health and Social Security Panel

Usual Business

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

• The Panel noted substantial correspondence received from members of the public regarding the continued closure of Customer and Local Services (CLS') at La Motte Street in St Helier. The Panel wrote to the Minister for Social Security on the 18th August, asking a number of questions and requesting that the decision to delay the re-opening of CLS be re-considered.

• The Panel received a joint briefing with the Corporate Services Scrutiny Panel on the Draft Community Costs Bonus (Jersey) Regulations 202- from the Strategic Policy, Planning and Performance Department on 18th August.

Covid-19

• Officers undertook a piece of work in respect of P.103/2020 - Draft Covid-19 (Amendments – Extension, Suspension and Repeal) (Jersey) Regulations 202-'. The work included identifying Emergency Legislation that had previously been scrutinsed by the Panel and whether it had proposed that the Legislation would be extended, suspended or repealed under P.103/2020.

Jersey Care Model

• Officers continued work on the JCM, including:

o Collating submissions received from members of the public and interested parties on the JCM and organising these according to the JCM Terms of Reference.

o Identifying potential questions for the Panel's Hearing with the HSS Minister on 15th September.

o Drafting a targeted survey for GPs which includes questions on further working arrangements under the JCM.

• The Panel is awaiting urgent confirmation from the Minister for Health and Social Services as to when the Panel would be provided with a final draft of the JCM, in order to progress with

its review.

Future briefings/legislative changes to consider:

• The Panel's fortnightly briefing on 13th August on the Public Health Strategy from the Minister for Health and Social Services, was provisionally rescheduled for the 10th September.

• The Panel were due to meet privately on 20th August to discuss its Agenda, however due to a number of States Members and Officers taking annual leave, this will be rescheduled (TBC).

Public Accounts Committee

• Public Hearings: The PAC has been informed the performance appraisal of the Chief Executive (CE) is not available (and has not taken place) until the end of the month, therefore the public hearing on 24 August has been postponed.
• The next scheduled Quarterly Hearing with the Chief Executive and the Treasurer is on 21 September and will include an update on the tracker system for implementing recommendations of the PAC and C&AG (expected end August 2020) throughout departments and issues of the CE's performance, in particular achieving objectives to spend wisely and to create savings and efficiency across the entire States service.
• Estate Management Review – call for evidence - responses expected by 31 August 2020 (1 from Andium Homes received)
• Reports - Report on the States Annual Report and Accounts 2019, Executive Response expected 4 September 2020.
• C&AG: Executive Responses to the C&AG's recent reports on Insurance', Use of Enforcement Powers' and SOJDC' have been published, the PAC will present its comments on all 3 this week. Expecting Executive Response to C&AG's report on Handling Complaints' on 19th August, the PAC has indicated it will comment (and present next week).

• The C&AG Board of Governance needs to extend its duration of membership, SPPP has prepared MD, process in motion.

• The C&AG's office requires external audit, currently Grant Thornton, whose term expires at the end of this year, the Chairman of the PAC and officers have devised process to invite to tender a replacement auditor and Director of Audit to oversee process.

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

• Next (private) meeting of PAC scheduled for 7 September, via Teams but will likely be in person.