Scutiny Weekly Activity Bulletin - 1st May 2020

Scrutiny Liaison Committee

Weekly Bulletin of Panel/Committee Activity

Week ending Friday 1st May 2020 Scrutiny Liaison Committee

At the weekly meeting held between the President, Vice President, Chief Minister and Chief Executive on Monday 27th April issues covered were:

• Financial Position (a further full briefing was to be arranged)

• Lockdown exit strategy

• Government communication with States Members (including Scrutiny Panels)

The full Committee met the Chief Minister and Chief Executive on Tuesday 28th and items discussed in detail were:

• Communication with States Members

• Government Work Programmes: the approach to no-Covid work

Due to time constraints the following agenda items were only briefly raised:

• Role of the Chief Executive

• The Government's framework for identifying and prioritising legislative changes

Following the meeting the SLC wrote to the Chief Minister to again detail concerns regarding communication. The letter can be seen in full here.

SLC attended a joint briefing with the Corporate Services Panel on Thursday 30th April from the Treasurer of the States on Financial Updates, proposed strategy and actions.

As usual, the Committee met daily (except where there was a clash with an all Member briefing on Thursday  30th)  to  share  information,  issues  and  questions  to  be  addressed  by  the  relevant Panel/Committee. Aside from matters mentioned above, the Committee's discussions also included:

• Progress on the forward looking big picture work as previously agreed following the proposal made by Deputy Jess Perchard

• Minimum lodging periods (how to ensure at least 3 working days for emergency legislation)

• How Panels might improve/extend their ability in the current circumstances to engage effectively with and on behalf of the community.

• The importance of regular Panel output where possible, and how this could be achieved through a number of means (hearings, interim reports, media releases etc) across a number of platforms.

• Panels making effective use of question time in the States Assembly to help fulfil accountability responsibilities and assist effective and transparent information reach to the public

Corporate Services Scrutiny Panel - Activity Update  The Panel is has mainly focused on ongoing Covis-19 actions.

• Updated tracking details on use of reserves to fund COVID-19 actions were received from Treasury (29th April)

• The Panel received items from the Emergencies Council's meeting on 24th April

• The Panel has received COM Papers from 23rd April

• Additional questions from the Quarterly Hearing with the Minister for Treasury and Resources (23rd April) missed due to time constraints have been forwarded

• The Panel continues to develop a scoping document for a review into the decision- making process, use of public finances and the strategic options available to the Island as it recovers from the Covid19 situation. This has included discussion with the Economic and International Affairs Panel on sharing resources in areas that may traverse both panel's remits

• The Panel received copies of information provided by the Economic Advisor to Ministers on the 25/03/2020 and an advice note provided on the 07/04/2020 on Government of Jersey Co-funded Payroll Phase 2 (27th April)

• The Panel has begun 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, this had been delayed to 30th April. The meeting was used to receive a briefing from the Treasurer of the States on Financial Updates, proposed strategy and actions. Members of the Scrutiny Liaison Committee joined.

Future meetings

• The Panel has weekly meetings to discuss COVID-19 and general business, scheduled on Wednesday morning's

• The Panel has weekly meetings with the Minister for Treasury and Resources, scheduled on Wednesday afternoons

• The Panel plans to meet with representatives from Jersey Water, this is being scheduled Economic and International Affairs Panel - Activity Update

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 met with representatives (Murray Norton and Jenifer Carnegie) from the Chamber of Commerce on Tuesday 28th April for a weekly catch up meeting to discuss concerns of businesses in relation to the ongoing crisis. The Panel has regular catch up meetings with Chamber of Commerce (normally on a Monday afternoon).

• The Panel has been discussing ways in which it can support businesses that have been impacted by Covid-19. The Panel is planning to conduct surveys 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 purpose of which is to identify any issues faced by the business community, sectors or particular groups of individuals so that the Panel can endeavour to support the business community in the immediate term.

• The Panel met the Director General of Customer and Local Services (Social Security) and other Government Officials, on Tuesday 28th April to understand how the payroll scheme interacts with the income support scheme at Social Security. Additionally, to discuss the Covid Related Emergency Support Scheme (CRESS). Members of the Health and Social Security Panel were also in attendance.

• The Panel met with the Minister for External Relations on Thursday 30th April and discussed his business as usual workstreams as well as the ongoing Covid-19 crisis.

• The Panel has asked to meet with a Senior Law Officer from the Law Officers' Department to discuss Jersey Employment Law in the context of the Covid-19 crisis. The Panel will ask whether some areas of the employment legislation could be relaxed and, if so, what the consequences might be. A date for this meeting is to be confirmed.

• The Panel has weekly catch-up meetings with the Minister for Economic Development (normally on a Thursday morning).

• The Panel may have a regular catch up meeting with representatives from Jersey Business (still to be confirmed).

• The Panel may have a follow-up meeting with Simon Soar to continue discussions in relation to the hospitality industry and the ongoing Covid-19 crisis. A date for this meeting is to be confirmed.

• The Panel is likely to hold further Hearings in due course. Witnesses identified include the Chamber of Commerce and Jersey Hospitality Association. Dates to be confirmed.

Education and Home Affairs Panel

Briefings/Meetings arranged/work undertaken

• The Panel has continued its weekly catch up meetings with the Ministers in its remit (Education, Home Affairs and the Children's aspect of the Minister for Children and Housing). The Panel has updated its log of issues either raised by members of the public or stakeholders that it has shared with the Ministers and will use as the basis for discussion at these weekly meetings.

• The Panel has arranged three hearings with each Minister within its remit to take place as follows:

a) Minister for Education – Friday 15th May – 10:00am – 11:30am

b) Minister for Home Affairs – Tuesday 19th May – 3:00pm – 4:30pm

c) Minister for Children and Housing – Friday 22nd May – 10:00am – 11:30am

• The Panel has written to all teaching and emergency services unions in order to gather their views on the response to Covid-19.

• The Minister for Home Affairs has shared a draft version of time limited legislation in respect of Covid-19 that would introduce the option for enforcement officers to issues fixed penalty notices. It is noted that this is not the final version and further changes are expected. The Panel has requested a briefing on the legislation as it stands.

Future briefings/legislative changes to consider

The Panel is due to examine the following legislative changes:

• Legislation is being considered around preventing unlawful gatherings' during Covid-19.

• Legislation is being considered around tackling riots as a result of Covid-19 matters. Again, this is currently in its infancy and would require significant changes to existing legislation.

• Further changes to the Marriage and Civil Status Law are expected to be brought forward.

The Panel will likely arrange briefings for all of these pieces of legislation and consult (where possible) with relevant stakeholders.

Comments/Amendment Published

The Panel has undertaken scrutiny and 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 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-

• The Panel also 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-

Environment, Housing and Infrastructure Panel Briefings/Meetings arranged

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

• The Panel received the Minister for Infrastructure for a briefing on the 23rd April 2020 to discuss his response to the outbreak of Covid-19 and the impact of the pandemic on the Department's work programme.

• The Panel has requested the Minister for Environment to clarify if he intends to withdraw P.106/2019 Public Health and Safety (Rented Dwellings) proposition

• Covid-19 (Residential Tenancy) (Temporary Amendment of Law) (Jersey) Regulations 2020 and accompanying published guidance: The Panel is seeking clarification from Minister for Children and Housing about voluntary tenancy agreements, is seeking legal advice from the A-G about their legality, and has taken advice from the Judicial Greffier about the Practice Direction issued by the Bailiff .

• The Panel is urging the Minister for Infrastructure to deem recycling and green waste depositories as essential

Future briefings/legislative changes to consider

• The Panel is due to meet to discuss potential Government Plan/Economic Recovery Plan work on 12th May and receive the Minister for Children and Housing for a Public Quarterly Hearing on 4th June 2020.

Health and Social Security Panel – COVID-19 Response Update

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

• The Panel received a briefing on the Public Health Strategy from the Strategic Policy, Planning and Performance Department (Via Teams) on the 24th April 2020.

• The Panel received the Director General for Customer and Local Services for a briefing on the Social Security Payroll Scheme and the overall impact on Social Security in conjunction with the Economic and International Affairs Panel on the 28th April 2020.

• The Panel met with its advisors, who were engaged to assist the Panel with its review of the Jersey Care Model, on 30th April to discuss next steps.

Future briefings/legislative changes to consider:

• The Panel was due to receive the Assistant Minister for Health and Social Services and his officers for a Scrutiny Briefing (Via Teams) on Thursday 30th April 2020 in relation to proposed changes to the mental health and capacity laws in response to Covid-19. However, this meeting was postponed to a later date – to be confirmed.

• The Panel will receive the Minister for Social Security for a Public Hearing (via Teams) on Tuesday 5th May on her response to Covid-19 and the impact of the pandemic on the Department's work programme.

• The Panel has requested 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.

Public Accounts Committee Activity Update – COVID-19

The Committee is concentrating its efforts on only asking of the Chief Executive and Treasurer questions relating to the implementation of States decisions in respect of the Covid-19 outbreak and the Government's response to it.

• The States Accounts for 2019 were recently published and the PAC has had private briefings with Deloitte representatives (external auditors) and the Group Director, Performance Accounting and Reporting, Treasury on 20 April. Concerns have been centred on the cost of faster closing of accounts and subsequent delay of presentation to States Assembly

• A public hearing with Treasurer and Chief Executive on the above is set for 11 May

• A comments paper, relating to the recent Executive Response to the PAC's Financial Management Report of February 2020, will incorporate the points above.

• The Chair and officer have weekly updates with the C&AG (Monday mornings) - 2 C&AG reports, Use of Enforcement and Insurance are awaiting Executive Responses.

• GHE – the PAC has delayed a review into Estate Management due to Covid-19, however it is compiling a list of questions relating to the GHE and Property Division on the department's response to the crisis, in particular its use of estate assets. It will hold a briefing with the Acting Director of GHE shortly after its public hearing with the Chief Executive on 11 May.