Scrutiny Weekly Activity Bulletin - 3 June 2020

Scrutiny Liaison Committee Weekly Bulletin of Panel/Committee Activity

Week ending Friday 3rd July 2020 Scrutiny Liaison Committee

A Safer Travel Policy – SLC Amendment

Despite an extremely short timeframe presented by the Government's approach to the process of the lodging of this important and far reaching Proposition, the Committee lodged an amendment to the Council  of  Ministers'  proposal  to  manage  the  wider  opening  of  the  Island's  borders.  In  the circumstances it was necessary, given the speed of turnaround and co-ordination required, for the SLC to take the exceptional step of operating beyond its typical remit to directly engage with and report on a matter of Government policy.

The proposed changes included deferring the start date of non-essential travel to Friday 10th July, and that anyone entering Jersey must either participate and comply with the border testing programme and self-isolate until a negative test result is received, or self-isolate in line with the latest medical advice. In addition, the amendment asked that any future Government changes to the policy must be brought to the Assembly, lodged at least 1 week before debate. Finally, the amendment requested the Council of Ministers' publish and maintain a list of countries designated as safe for travel including information on R numbers, testing regimes and provide regular updates to States Members on the safer travel period and test results.

You can read the proposal HERE.

The primary objective of the amendment was to encourage debate on such an important topic, and in the subsequent debate many members chose to speak on the proposed amendments. The final results of the amendment were:

The States Assembly voted to reject part 1 of the amendment to change the Safer Travel Policy start date to 10th July 2020.

15 POUR vs 29 CONTRE vs 1 ABSTENSION

The States Assembly voted to reject part 2 of the amendment which would make changes to self- isolation requirements and onward travel provisions.  

18 POUR vs 29 CONTRE

The States Assembly voted to reject part 3 of the amendment that would require all future changes to the Safer Travel Period policy to be lodged at least 1 week before debate.

22 POUR vs 26 CONTRE

The States Assembly voted to adopt part 4 of the amendment relating to the provision of details such as countries designated safe for travel, R numbers, test results and more.

ADOPTED 41 POUR vs 05 CONTRE Safer Travel Guidelines Review Panel

Following the debate the Committee considered the merit of associated further work, and agreed to establish a Review Panel focussing on the Safer Travel Guidelines, now published by the Government online, with all passengers travelling to Jersey required to adhere to them for travel from 3rd July 2020. The Panel is to be chaired by Deputy Rob Ward and membership is open to any non-Executive Members who would like to take part.

The review will seek to ensure that the Guidelines are fit for purpose, accessible, and in the best interest of Jersey. It will also consider the broader implications of the Guidelines for Jersey, for example, in terms of budget, public health and emergency services.

Deputy Rob Ward , Panel Chair, commented:

"We are all well aware that we are living through a unique moment in history. Jersey has been relatively lucky through this time and has fared much better than many of our neighbours. While Scrutiny recognises and acknowledges the need to reopen our borders for the wellbeing of Islanders on many levels, it is imperative that we do so in the safest possible way. This review will add to the work already undertaken by both Scrutiny and the Government and provide a balanced view on whether or not the guidelines issued by the Government are fit for this purpose."

Corporate Services Scrutiny Panel

The Panel has mainly focused on propositions and its Covid-19 review.

• The Panel received a private briefing from the Treasury and Resources Minister and officers on Rebalancing the Government's Finances on Friday 26th June.

• The Panel held a Quarterly Public Hearing with the Chief Minister on Monday 29th June. Additional questions missed due to time constraints are being sent to the Chief Minster.

• The Panel received the briefing note from the Minister for Treasury and Resources regarding proposed abolition of the Prior-Year Basis of paying taxes. This is being discussed by the Panel at its next meeting.

• Updated tracking details on use of public finances to fund COVID-19 actions were received from Treasury (1st July).

• The Panel received papers from the Council of Ministers meeting held 24th 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 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 received R.63/2020 Consultants: Reporting on their use by Government of Jersey.

 Future meetings/briefings

• The Panel has weekly meetings to discuss COVID-19 and general business, scheduled on Wednesday mornings. This was postponed following a continuation of the States Assembly to Tuesday 7th July at 10.30am.

• The Panel has weekly briefings with the Minister for Treasury and Resources (in private). These are scheduled for Wednesday afternoons. The briefing this week was cancelled following a continuation of the States Assembly. The next briefing is scheduled to take place on Wednesday 8th July at 3.30pm.

• The Panel has a scheduled briefing with the Chief Minister to discuss the Office Strategy (in private) on Friday 3rd July at 12pm.

• The Panel has a scheduled briefing with the Fiscal Policy Panel (in private) at 4.15pm on Wednesday 8th July.

• The Panel has a scheduled briefing with the Chief Operating Officer to discuss the Technology Transformation Programme (in private) on Tuesday 21st July at 11.30am.

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 announced 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 interim reports in relation to the economic stabilisation aspect as well as the economic recovery aspect of the Government response to the crisis. The Panel anticipates completing these over the summer months of July and August.

• 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 29 June for a weekly catch up meeting. The CoC expressed the view that borders should be reopened in order to support the economy.

• On Tuesday 23 June, the Panel joined the Corporates Services Scrutiny Panel for a briefing on Project Gulf. The Panel was briefed on the proposed business case in relation to the Government considering providing financial support to the airline Blue Islands as part of the economic recovery process.

• The Panel was due to hold a Quarterly Hearing with the Minster for International Development on Friday 26 June. However, this meeting was rescheduled to accommodate an urgent briefing (to take place at the same time) on the Safer Travel Period to discuss the Proposition on the Safer Traver Period in relation to opening of the borders.

• The Panel has weekly catch-up meetings with the Minister for Economic Development (normally on a Thursday morning). The next meeting is scheduled for Thursday 2 July.

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 has responded to the Panel and directly to Jersey Cares. The Panel will now consider the response and liaise with Jersey Cares in order to gather their views before agreeing any further actions.

• 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 considering the next steps of its work in respect of Covid-19 (specifically the recovery phase and safe return of schools). 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. One area the Panel is considering is the Covid-19 crisis and response in relation to the impact of wellbeing on children'. The Panel will produce a Scoping Document and Terms of reference for an Impact on Wellbeing of children Review' in relation to the Covid-19 response. The Panel will be discussing this and the actions to follow at its next meeting scheduled for Monday 6 July.

• 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 will be discussing the Projects comprised in the Government plan in relation to the RAG ratings it attributed to them during the review process, as well as any actions to follow. It's anticipated that this will be discussed at the Panel's next meeting scheduled for Monday 6 July)

• 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. (The Panel has not received further updates in this regard, however, it is due to question the Minister about the intention of the proposals at a quarterly hearing on Friday 10th July.)

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 is due to receive the Minister for the Environment for a private briefing on 2nd July on the Bridging Island Plan.

• It has agreed to undertake a Review of the plans for a Revised Island Plan.

• 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 until end of June to collate the information).

• The Panel has commenced work in preparation for the Government Plan (written questions to Ministers).

• The Panel is due to hold a Quarterly Hearing with the Minister for Infrastructure on 7th July 2020.

• The Panel is considering whether to comment on the upcoming P.106/2019 - Public Health and Safety (Rented Dwellings) (Licensing) (Jersey) Regulations 201-.

Health and Social Security Panel

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

• The Panel received a joint briefing on 25th June with the Scrutiny Liaison Committee and the Economic and International Affairs Panel on changes to physical distance requirements and the Safer Travel Policy'.

• The Panel received a briefing on 25th June regarding the Draft Covid-19 (Control of Testing) (Jersey) Regulations 202-. The Panel agreed to present Comments on the draft Regulations.

• The Panel received the Minister for Health and Social Services on the 29th June 2020 for an update on his response to COVID-19, including the work done to validate patient waiting list data and an update on the waiting list page that will be available on Gov.je.

Future briefings/legislative changes to consider:

• The Panel is due to meet privately on the 9th July to discuss its agenda, including matters such as the COVID-19 Review work, the Jersey Care Model Review and the Government Plan/Recovery Plan.

• The Panel is due to receive the Minister for Health and Social Services for a Quarterly Hearing on 9th July 2020.

• The Panel is due to receive a fortnightly briefing on 16th 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 on July 27th will focus on questions on the C&AG's reviews on:

• Handling Complaints (C&AG Report in draft form).
• SoJDC (C&AG report published, Executive Response due July 2020).
• Use of Enforcement Powers (Executive Response presented to States).
• Insurance (Executive Response presented to States).
• Covid-19 response (ongoing C&AG review).
• Estate Management Review (ongoing PAC review).

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

• A public hearing held on 29th June with the Acting DG GHE and Director of Estates led to several written follow up questions to the witnesses.
• The Chief Executive will be asked questions on this at the public hearing of 27th July.
• Stakeholders will shortly be invited to submit evidence on their experience with the Property Division and use of buildings in the Estate.

• A suggested form of words could not be agreed for a draft Code of Conduct, and the Committee has referred the document back to the States Greffe to expedite, through the PPC if necessary.

• The PAC drafted a comments paper on the States Annual Report and Accounts 2019, but it is being changed to a report format so that findings and recommendations can be added.

• The PAC will consider whether to undertake a review into Governance, with particular regard to the former C&AG's Thinkpiece report, at its next meeting of 13th July 2020.

• Executive Responses to the C&AG's recent reports on Insurance' and Use of Enforcement Powers' have been presented to the States, and the PAC will consider comments to follow.

• The Chair and Officer continue to have weekly updates with the C&AG via video conference (Monday mornings).