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Council of Ministers Minute A7 - 27.11.2008

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IC/SC/344 774

COUNCIL OF MINISTERS (98th Meeting)

27th November 2008 PART A

All  members  were  present,  with  the  exception  of:  Senator  F.H.   Walker ,  Chief Minister; Senator P.F. Routier, Minister for Social Security; and Senator F.E. Cohen, Minister for Planning and Environment, from whom apologies had been received.

Senator T.A. Le Sueur , Minister for Treasury and Resources

Senator M.E. Vibert , Minister for Education, Sport and Culture Senator P.F.C. Ozouf , Minister for Economic Development

Senator T.J. Le Main, Minister for Housing

Senator B.E. Shenton, Minister for Health and Social Services

Deputy G.W.J. de Faye, Minister for Transport and Technical Services Deputy A.D. Lewis , Minister for Home Affairs

In attendance -

Connétable K.P. Vibert , Chairman, Comité des Connétable s

Deputy A.E. Pryke, Assistant Minister for Planning and Environment M. Heald, Assistant Chief Executive J. Morris, Policy and Research Manager M.N. de la Haye, Greffier of the States I. Clarkson, Clerk to the Council of Ministers

Note: The Minutes of this meeting comprise Part A and Part B.

Waterfront A7. The Council considered a report, dated 24th November 2008 and published Enterprise Board: by  Mr.  C.  Swinson,  Comptroller  and  Auditor  General  (C&AG),  concerning  a review of review of the corporate governance of the Waterfront Enterprise Board Limited corporate (WEB), together with a covering  report  produced by the  Policy and Research governance. Manager.

1443/10 (26)

The Council was pleased to note that the C&AG had found that the WEB was now in compliance with normal corporate governance practice. It further noted that the C&AG had recommended a thorough review of the WEB's Memorandum and Articles of Association be carried out and, in particular -

  1. that the WEB should recruit a professional company secretary;
  2. that the WEB should be accountable to a single Minister;
  3. that  the  position  of  States  Director  (as  enshrined  in  WEB's Memorandum of Association) should be discontinued;
  4. that  States  members  should  not  ordinarily  be  members  of  WEB's Board  unless  they  served  as  representatives  of  the  Sponsoring Minister;
  5. that the Sponsoring Minister should be accountable to the States for oversight of WEB's activities;
  6. that, where appropriate, the Sponsoring Minister's decisions in respect of the WEB should be recorded in the form of Ministerial Decisions;
  1. that the Sponsoring Minister should be responsible for laying the WEB's annual report and accounts before the States formally when received.

It was reported that the Chief Executive was due to meet with the Director of Property Holdings and the Managing Director of the Waterfront Enterprise Board on 28th November 2008 to review the report and to continue discussions on a revised proposal for a body to replace the WEB.

The Council endorsed all of the C&AG's recommendations in full and determined that they should be implemented alongside the development of revised proposals for a Jersey Enterprise Board to replace the existing WEB. It further determined that the revised proposals for a Jersey Enterprise Board, together with a suitably revised Memorandum and Articles of Association, should be presented to the reconstituted Council for consideration in the early part of 2009, pending the lodging au Greffe' of a suitable report and proposition.

There followed a discussion concerning the existing membership of the board of the WEB. The Council noted that Deputy J.J. Huet of St. Helier 's term of office as a States member was due to expire on 8th December 2008, although she would remain entitled to continue in her rôle as a States appointed director. In this regard it was agreed that Deputy Huet should be contacted and invited to formally clarify whether she was prepared to continue as a States appointed director of the WEB pending the formation of a replacement body to oversee development of the St. Helier Waterfront.

The Policy and Research Manager was authorized to take the necessary action.