Scrutiny Weekly Activity Bulletin - 26 June 2020

Scrutiny Liaison Committee Weekly Bulletin of Panel/Committee Activity Week ending Friday 26th June 2020

Scrutiny Liaison Committee  

The Committee met the Chief Minister for the regular liaison meeting on Monday 22nd June. Matters discussed included:

• Government Plan: agreement was reached on the draft MoU between the Government and the SLC/Government Plan Review Panel (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 designed to facilitate more effective scrutiny of the plan, in the context of the compromised position due to the shorter 9 week lodging period.

• Border re-opening: update on current Government thinking ahead of the upcoming States debate of P.68/2020, along with a discussion on air links in the context of the news that suggested  Flybe  may  try  to  resume  operating  in  some  capacity  at  it  seeks  an  exit  from administration

• Nightingale Wing: operational noise disturbance and car park and road lane closure concerns were relayed to the Chief Minister.

The Committee received a joint briefing with the Health and Social Security Panel and the Economic and International Affairs Scrutiny Panel on Thursday 25th June from the Minister for Health and Social Services. This related to the reduction in the minimum physical distancing requirement from 2 metres to 1 metre and an update on the plans to safely open Jersey's borders.

Corporate Services Scrutiny Panel

The Panel has mainly focused on briefings, reports, propositions and its Covid-19 review

• The Panel held a meeting with the Government of Jersey Director of Communications, discussing communications during the Covid-19 response (22nd June)

• The Panel held a joint meeting with EIA on Friday 19th June to receive a briefing from the Minister for Treasury and Resources and Ports of Jersey relating to air links. A second briefing was held on Tuesday 22nd June following updates in this area. A letter with additional questions was sent to the Minister of Treasury and Resources (24th June)

• The Panel held a meeting with the Jersey Appointments Commission on Tuesday 23rd June 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

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

• The Panel received a letter from the Minister for Treasury and Resources outlining various revenue-administration matters (25th June)

• The Panel received a paper from the Council of Ministers meeting held 18th 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

• The Panel received the Psychologists for Social Change Jersey Branch report "Getting the next stage right for Jersey"

• The Panel received the States of Guernsey document "Revive and Thrive – Our Recovery Strategy for Guernsey Together"

• The Panel has launched its Covid-19 Response and Recovery Review. A targeted call for evidence is being progressed

• The Panel has started to draft comment papers on P.73/2020 and P.74/2020 following briefings on the lodged propositions held the previous week

• The Panel noted work being undertaken by the SLC in relation to C&AG consultation on Public Audit in Jersey and P.68 lifting of travel restrictions

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 at 12pm, 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 had scheduled a joint meeting with EIA on Monday 22nd June at 3pm with Ports of Jersey to discuss P. 71 Proposed Airport Redevelopment: review. This has been postponed to Wednesday 1st July at 4pm

• The Panel has a scheduled briefing from officers on Rebalancing the Government's Finances update on Friday 26th June at 2pm

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. 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 Review was announced on 24th June.

• 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 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 as part of its joint review of Covid-19 response and recovery.

• 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 received submissions from several 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 joined the Corporates Services Scrutiny Panel for a briefing relating to air links.

• The Panel is due to hold a Quarterly Hearing with the Minster for International Development on Friday 26 June. The Panel will include questions on the impact of Covid-19.

• The Panel has weekly catch-up meetings with the Minister for Economic Development (normally on a Thursday morning). The next scheduled meeting is Thursday 25 June.

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 Minister is due to respond to the Panel by 26th June.

• 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 met with the Minister for Children and Housing on Friday 19th June to discuss matters concerning the Covid-19 response within his remit. At this meeting the Panel was updated in relation to the response and activities of Children's Services under the current conditions.

• The Panel considered the next steps of its work in respect of Covid-19 (specifically the recovery phase and safe return of schools) at its meeting on Monday 22nd June. The Panel has started to consider potential Covid-19 response areas to review and once confirmed will be compiling the necessary Scoping Documents and Terms of References to proceed with the review process.

• The Panel is considering the Government Plan in light of the Covid-19 Crisis. The Panel has decided to evaluate and consider the current Government Plan's projects in view of the changing circumstances. It is also due to consider the manner in which it will approach its scrutiny of the upcoming iteration of the Government Plan.

• 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. At present there is no further information as to whether this will be going ahead. The Panel has communicated Terms of Reference for a potential review 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.

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:

• The Panel considered a revised work programme at its meeting on 23rd June 2020 which consisted 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 received a briefing on 23rd June from Departmental Officers from the Growth, Housing and Environment Department on the provisions for the collection and disposal of litter.

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 but all Ministers have asked for extra time of up to two weeks to collate the information).

• 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 on Thursday 18th June to discuss correspondence received from the Chair of the Jersey Care Commission in relation to the Covid-19 (Capacity and Self-Determination) (Jersey) Regulations 2020, the closure of the Samares Unit in Overdale.

• The Panel received a joint briefing with the Scrutiny Liaison Committee and the Economic and International Affairs Scrutiny Panel on Thursday 25th June from the Minister for Health and Social Services. The Panels and Committee were briefed on the reduction in the minimum physical distancing requirement from 2 metres to 1 metre and an update on the plans to safely open Jersey's borders.

• The Panel met on Thursday 25th June to discuss its Agenda and agreed that Officers would request more information about the proposition coming to the States Assembly on Jerseys borders, draft correspondence to the Minister for Health and Social Services concerning the access the Panels Advisers have to the PwC Report on the Jersey Care Model, collate the revised Government Plan efficiencies relating to the Panel for questioning and draft a Question Plan for the Quarterly Hearing with the Minister for Health and Social Services that it due to take place on 9th July.

• The Panel received a briefing on 25th June from the Strategic Policy, Planning and Performance Department and the Law Officers Department on the Draft Covid-19 (Control of Testing) (Jersey) Regulations 202-. The Panel agreed to draft a set of Comments on the Draft Regulations.

Future briefings/legislative changes to consider:

• The Panel is due to receive a weekly update on Monday 29th June from the Minister for Health and Social Services on his response to Covid-19.

• The Panel is due to receive a fortnightly briefing on 2nd July on the Public Health Strategy from the Minister for Health and Social Services.

Public Accounts Committee Activity Update

• 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 agreed to relaunch its Estate Management Review at its meeting of 15 June

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

• A draft Code of Conduct for lay members is likely to be referred to SLC/PPC.

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