Scrutiny Weekly Activity Bulletin - 28 August 2020

Scrutiny Liaison Committee

Weekly Bulletin of Panel/Committee Activity

Week ending 28th August 2020 Scrutiny Liaison Committee

The Committee has approved scoping documents and terms of reference for the following Reviews:

• Prior Year Basis Tax Reform review: Corporate Services Scrutiny Panel

• Future Hospital – Final Site Recommendation: Future Hospital Review Panel

Corporate Services Scrutiny Panel

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 26th 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 have been agreed by the Panel and are being considered by the Scrutiny Liaison Committee.

• The Panel is examining P.103/2020 Draft COVID-19 (Amendments - Extension, Suspension and Repeal) (Jersey) Regulations 202-.

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

• The Panel received the Comptroller and Auditor General's report into annual reporting of States Owned Entities.

• The Panel sent a letter to the Minister of Treasury and Resources regarding the generic Memorandum of Understanding template for States-owned entities.

• The Panel received papers from the meeting of the Competent Authorities held on the 21st August 2020.

• The Panel, along with the Health and Social Security Panel, received a briefing on P.95/2020 - Draft Community Cost Bonus (Jersey) Regulations 202-.

Future meetings/briefings

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

• The next briefing with the Minister for Treasury and Resources on COVID 19 matters will take place on the 4th September 2020..

• 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 meeting with the Psychologists for Social Change Jersey Branch is scheduled for Friday 11th September at 4pm.

• A briefing with the Chief Minister on the Migration Policy has been scheduled for the 10th September 2020.

• 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

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, 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 has noted that the Draft COVID-19 (Amendments – Extension, Suspension and Repeal) (Jersey) Regulations 202- (P.103/2020) were lodged on 11th August and is due to be debated on 8th September. The following pieces of legislation under the Panel's remit are due to be extended until April 2021:

• Covid-19 (Workplace Restrictions) (Jersey) Regulations 2020
• Covid-19 (Construction Work) (Jersey) Regulations 2020

• The Panel is due to receive the Chamber of Commerce for its weekly catch-up on 2nd September.

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 – The Panel noted it was due to receive any factual comments back from the External Relations Department on the final version of its report by Friday 28th August. It is due to discuss it key findings and recommendations on 3rd September.

• 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 will consider a Comments paper on P.129/2019 in due course.

• P.99 (Lottery Funding) – The Panel received a briefing on P.99/2020 CI Lottery – Allocation of 2018 Balance on 20th August and is due to present a Comments paper

• The Panel is due to receive a briefing on the new Department for the Economy on 3rd September.

• The Panel is due to receive a briefing on the Commercial Property Landlord and Tenant Guidance on 3rd September.

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 and the Panel is considering its Question Plan

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. It has developed questions that it will sending to the various Ministers within its remit over the coming week.

• The Panel has lodged an amendment to P.103/2020 Draft Covid-19 (Amendments – Extension, Suspension and Repeal) (Jersey) Regulations 202-. The amendment, if adopted, would time limit the changes to the Unlawful Public Entertainments (Jersey) Regulations 2019 that were adopted by the Assembly at the start of the Covid-19 outbreak. As the Regulations are triennial, the changes (that bestow additional powers on the Bailiff to remove consent for large scale events and place conditions on their operation) are now in place until 2022. The Panel's amendment therefore time limits them to 30th April 2021 as with all other extensions within P.103/2020.

• 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. Since this was last discussed with the Minister for Home Affairs on 10th July there have been no further updates.

• 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 17 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.

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 presented its report on Tuesday 25th August and the Ministerial Response is expected on Wednesday 7th October 2020. There has been positive and widespread coverage of the Panel's report.

• Government Plan

The Panel has arranged public hearings to take place with the Ministers within its remit in late October/early November.

• Changes to the Deployment of Tasers

The Panel is currently conducting a call for evidence for the review which will end on Monday 7th September. It is also due to hold a public hearing with the Minister for Home Affairs to discuss the proposals on Thursday 17th September.

• Briefing from authors of the Independent School Funding Review

The Panel received 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 received 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

Covid-19

• The Panel considered whether it wishes to undertake further work on P.103/2020 - Draft Covid-19 (Amendments – Extension, Suspension and Repeal) (Jersey) Regulations 202-'. The work included identifying Emergency Legislation that had previously been scrutinised by the Panel and whether it had proposed that the Legislation would be extended, suspended or repealed under P.103/2020.

• The Panel is due to receive an update on the Covid-19 Travel Policy on 28th August 2020.

Affordable Access to Primary Care Scheme (P.125/2019):

• The Panel are considering suitable dates to receive a briefing from the Ministers for Health and Social Services and Social Security on P.125/2019.

Government Plan

Members are due to receive a briefing on the 6-month Report on Wednesday 27th August. Jersey Care Model

• Officers continued work on the JCM, including:

• Receiving confirmation from the Minister for Health and Social Services that the Jersey Care Model Review document dated 14th May 2020 remains the current iteration with an updated presentation due to go to Council of Ministers on the week commencing 31st September.
• Drafting a letter to the Jersey Care Commission requesting a general submission and answers to a number of specific questions.

• Completing and testing a targeted survey for GPs which includes questions on further working arrangements under the JCM.

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 was rescheduled to 2nd September.

Public Accounts Committee Activity Update

• Public Hearings: 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 and because an Estate Management Strategy has not been produced, it is likely the PAC will publish an interim report in September 2020 – tbc on 7th September 2020.

• Reports - Report on the States Annual Report and Accounts 2019, Executive Response expected 4 September 2020.

• C&AG: Executive Response to C&AG's report on Handling Complaints' received on 19th August, the PAC will present comments to the States next week.

• Next (private) meeting of PAC scheduled for 7 September, via Teams, including a presentation from DG of GHE on the progress of its TOM.