Scrutiny Weekly Activity Bulletin - 5 June 2020

Scrutiny Liaison Committee

Weekly Bulletin of Panel/Committee Activity

Week ending Friday 5th June 2020 Scrutiny Liaison Committee  

The Committee was again unable to meet each day owing to the States meeting and the volume of other Panel commitments. When it met early in the week, including with the Chief Minister on 1st June, the Committee's main focus (along with the Government Plan Review Panel) was on a request for it to consider supporting a reduced lodging period for the next Government Plan due to the impact of the coronavirus pandemic on its development

Mindful of the unique challenges of this situation, a proposal from the Chief Minister for a 9 week lodging period is due to be supported by the Committee after much discussion and consideration. This is on the strict proviso that suitable complete or draft material will be provided to Panels within an adequate timeframe and as it becomes available, ahead of lodging, to enable meaningful stakeholder engagement on agreed projects, programmes and other matters. This is to help mitigate, to some degree, the inevitable impact this arrangement will have on Panels to undertake effective scrutiny. The agreement on the exchange of information, in the form of an MOU, will need to be signed off by the Chief Minister and President of SLC before the debate on the Proposition to reduce the lodging period.

The Committee also approved the scoping document for a review by the EIA Panel into the demerger of CICRA, and continued to exchange views and experiences on current and forward work planning, States  business  and  general  information/issues/questions  to  be  addressed  by  the  relevant Panel/Committee.

Corporate Services Scrutiny Panel

The  Panel  has  mainly  focused on  ongoing Covid-19  actions,  the  Government  plan  2021-2023, and publications

• The  Panel  has  started  to  conduct background research and  discussions for  its COVID-19 Response and Recovery Review, following the submission of a Joint Scoping Document (with EIA)

• Updated tracking details on use of reserves to fund COVID-19 actions were received from Treasury (3rd 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 held its weekly meeting with the Minister for Treasury and Resources (Friday 29th May)

• The Panel received Ministerial Decision reports relating to reserve use of Covid-19 testing and tracking

• The Panel received the Economic In-Committee Debate Report published by the Minister for Economic Development, Tourism, Sport and Culture

• The Panel received information on the Ministerial Decision that establishes the Political Oversight Group for Economic Recovery

• The Panel has discussed:

• P.73 - Draft Public Employees (Contributory Retirement Scheme) (Miscellaneous Amendments)

• P.74 - Draft Public Employees (Pension Scheme) (Miscellaneous Amendments)

• P.70 States of Jersey Development Company: amendments to the Board of Directors and Articles of Association

• P.72 Variation to lodging period for Government Plan lodged in 2020 (CM)

• R:55/2020: COVID-19 Strategy: June 2020

• P.71: Proposed Airport Redevelopment: Review

Future meetings

• The Panel has weekly meetings to discuss COVID-19 and general business,scheduled on Wednesday mornings. This was held on Thursday 4th June due to a continuation of the sitting of the States Assembly

• The Panel has weekly meetings with the Minister for Treasury and Resources, scheduled on Wednesday afternoons. Following the continuation of the States Assembly sitting this has been cancelled this week

• The Panel had a scheduled meeting with the Chief Minister to discuss the Office Strategy on Wednesday 3rd June, this is being rescheduled following the sitting of the States Assembly continuation

• The Panel has a Quarterly Hearing with the Chief Minister scheduled for 10:30am 9th June, this is being rescheduled due to availability of Officers. A question plan has been formed

• The Panel had scheduled a meeting with representatives from Jersey Water for Wednesday 20th May, this was postponed following the States Assembly continued sitting is has been rescheduled to Tuesday 9th June

• The Panel plans to hold meetings with representatives from Arm's Length Organisations, including the Ports of Jersey and JEC

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 is due to hold a Quarterly Hearing with the EDD Minister on Friday 5 June to primarily discuss the department's business as usual' areas, but questions on Covid-19 are

also likely to be asked.

• 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 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. The Panel is conscious of the fact that the Government Plan is likely to be reconsidered in part and areas addressed where expenditure can be reduced, and savings can be made.

• By reviewing the Government Plan, the Panel will find clarity on what was previously proposed, what projects could change, and areas of importance that should not change, in its view, will be highlighted. In doing so, the Panel will be prepared and will have considered its views in advance of when the Government Plan is addressed later in the year.

o  As  part  of  this  process,  the  Panel  may  hold  meetings  with  the  relevant Ministers to determine if and where cuts are being considered, additionally to express any concerns in advance of changes being made.

• The Panel has worked with the Corporate 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.

• The Panel met with members of the Chamber of Commerce on Tuesday 1 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 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.

• The Panel has continued its weekly catch up meetings with the Ministers in its remit (Children, Education and Home Affairs). The Panel has updated its log of issues either raised by members of the public or stakeholders which it is using as the basis for discussion at these weekly meetings. The Panel is also receiving regular briefings on the operation and relevant stats for the children's service during the Covid-19 outbreak.

• The Panel has written to all teaching and emergency services unions in order to gather their views on the response to Covid-19. Thus far, it has received responses from the NEU, NASUWT and Fire and Rescue Service Association which it is following up with the respective Ministers where appropriate.

• The Panel has written to and received a response from the Care Commission providing an overview of the steps being taken to regulate and inspect children's residential homes during the Covid-19 outbreak. The Panel has also written to Jersey Cares to gather their views on this matter.

• The Panel is compiling a Comments Paper 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 are proposed to be lodged in time for the debate to take place on 16th June 2020.

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-

Environment, Housing and Infrastructure Panel  

Briefings/Meetings arranged

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

• The Panel has not received any briefings since the 27th May update.

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 (response was expected 1st June 2020 but all Ministers have asked for extra time of up to two weeks to collate the information).

• The EHI Panel was due to receive the Minister for Children and Housing for a private briefing on the Covid-19 (Residential Tenancy) (Temporary Amendment of Law) (Jersey) Regulations 2020 (P.42/2020) and Tenancy Agreements, however it has not been possible due to pressures on the Minister's time.

• The Panel will receive the Minister for Children and Housing for a Quarterly Public Hearing on 4th June 2020. The topics to discuss include:

• Government/Recovery Plan and the Department's reprioritisation of projects

• Potential delay to the Island Plan and how that might affect the housing need;

• The identification of affordable housing sites;

• Covid-19 - Impact on key workers' accommodation;

• Covid-19 – impact on homelessness;

• Balancing the needs of tenants with the rights of landlords (with reference to emergency housing/tenancy guidance).

• The Panel will receive the Minister for Environment for a Quarterly Public Hearing on 9th June 2020. The topics to discuss include:

• Government/Recovery Plan and the Department's reprioritisation of projects

• Delays to Carbon Neutral Strategy and Sustainable Strategy

• Delay to the Island Plan

• Jersey Wildlife Law and Food Safety Law

Health and Social Security Panel

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

• The Panel met for its fortnightly scheduled meeting on the 28th May 2020. It mainly discussed its two live reviews - Covid-19 and the Jersey Care Model.

• The Panel received the Minister for Health and Social Services for a weekly Covid-19 update meeting on 1st June 2020.

• The Panel is due to receive a briefing from the Minister for Health and Social Services on 5th June on the Covid-19 Exit Strategy and, in particular, on the subject of mental health.

• On 1st June, the Panel sent written questions to the Minister for Health and Social Services following receipt of the Jersey Care Model Review Report the previous week. The aim of the questions were to seek clarity on a number of points contained within the report. The Panel is due to receive a response from the Minister on Friday 5th June.

Future briefings/legislative changes to consider:

• The Panel is due to receive the Minister for Social Security for a briefing on the Family Friendly

– Interim Parental Payments Scheme (TBC).

• The Panel has fortnightly briefings with the Strategic Policy, Planning and Performance Department on the Public Health Strategy and weekly update meetings with the Minister for Health and Social Services on his response to Covid-19. The Panel is due to receive a briefing, along with the SLC, on 11th June to discuss changes to Jersey's boarders and level 2 of lockdown.

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 reports on:

o Handling complaints

o SoJDC

o Use of Enforcement.

• GHE – the PAC held a private briefing with the Acting Director General of GHE on 1st June 2020, prior to a public hearing to be held on 29th June, to discuss the impact of Covid-19 outbreak on the Estate Management Strategy and the programme of maintenance works on the States owned properties.

• The Estate Management Review terms of reference and scope will be altered to take into account the effects of Covid-19 on the GHE work programme, and elements of the C&AG's Use of Enforcement Report (in particular where it relates directly to GHE department and the property division).

• A draft Code of Conduct for lay members was considered by the PAC at its meeting of 1st June 2020 but no decision was taken – the PAC agreed to consider it more fully at its meeting of 15th June 2020.

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