STATES OF JERSEY
r
Code of Practice for Scrutiny Panels and the Public Accounts Committee
Lodged au Greffe on 5th June 2007
by the Chairmen’s Committee
STATES GREFFE
PROPOSITION
THE STATES
are asked to decide whether they are of opinion -
to
approve the Code of Practice for Scrutiny Panels and the Public Accounts
Committee (PAC) set out in the Appendix to the report of the Chairmen’s
Committee dated 5th June 2007.
CHAIRMEN’S COMMITTEE
CHAIRMEN’S
COMMITTEE REPORT
The Standing Orders of the States of Jersey set out
the terms of reference of the Chairmen’s Committee, the Scrutiny Panels and the
Public Accounts Committee; however, the Standing Orders do not contain detailed
rules concerning the operation of the aforementioned bodies. In fact, it was
intended that such matters would be addressed by the formulation of a suitable
code of practice. To that end, Standing Order 141 creates a requirement for
scrutiny panels, sub-panels and any member of a scrutiny panel appointed to
undertake any review to comply with any code of practice prepared by the
Chairmen’s Committee and approved by the States.
In its report entitled, ‘Evaluation of the Shadow
Scrutiny Process’ (S.R.7/2005 refers), the Chairmen’s Committee as previously
constituted undertook to present to all States members a draft Code of
Practice. A number of protocols were developed during the Shadow Scrutiny
Process which have formed the basis of the draft Code of Practice in accordance
with Standing Orders.
The Chairmen’s Committee had considered it vital that
a code of practice was put in place as soon as possible so as to ensure that
the Chairmen’s Committee, the Scrutiny Panels and the Public Accounts Committee
(PAC) were functioning in accordance with the Code at the earliest possible
stage of ministerial government.
Unfortunately it has not been possible to introduce
the Code of Practice as early as the Chairmen would have liked, due to the
difficulties arising in reaching a consensus with the Council of Ministers and
the Law Officers’ Department in respect of Scrutiny’s access to legal advice.
This access to legal advice covers 2 distinct areas:
first, a Scrutiny Panel’s access to advice for its own benefit in pursuit of
scrutiny business, and secondly, access to legal advice that has previously
been given to the executive, and upon which advice a particular policy
direction or decision was taken.
The Chairmen’s Committee does not consider that any
further delay in the establishment of a Code of Practice is acceptable, and has
decided to lodge its draft Code of Practice “au Greffe”, with the inclusion of
provisions relating to access to legal advice that it considers are
appropriate.
An effective code must clarify a number of operational
matters including, but not exclusive to, the following –
(a) the
rôle of the Chairmen’s Committee;
(b) the
relationship between the Chairmen’s Committee, the 4 Scrutiny Panels and the
PAC;
(c) the
responsibilities of Panels and Chairmen;
(d) the
use of sub-panels and rapporteurs;
(e) the
management of declarations of interest;
(f) the
employment of advisers;
(g) work
programming and evidence gathering;
(h) access
to legal advice;
(i) the
organisation of public hearings;
(j) the
production of reports;
(k) the
use of manpower resources; and
(l) the
rôle of the Public Accounts Committee.
This Code of Practice was originally lodged on 15th August 2006, but
because of continuing difficulties in reaching agreement with relevant parties
on the legal advice issue, it was withdrawn. Despite extensive negotiations it
has not been possible to resolve the legal advice issue to the satisfaction of
all parties. The Committee therefore considers it appropriate to bring the
matter to the Assembly for resolution.
There are no financial or manpower implications arising from this
proposition.
5th June 2007
APPENDIX
CONTENTS
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1. |
Introduction............................................................................... |
6 |
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2. |
Chairmen’s Committee.............................................................. |
6 |
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3. |
Powers of PAC and Panels........................................................ |
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4. |
Scrutiny Panels: remit and membership....................................... |
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5. |
Scrutiny Panels: Expert Witnesses and Advisers.......................... |
11 |
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6. |
Scrutiny Panels: Meetings.......................................................... |
12 |
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7. |
Scrutiny Panels: Planning the Forward Work Programme............. |
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8. |
Scrutiny Panels: Planning a review.............................................. |
15 |
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9. |
Scrutiny Panels: Gathering evidence............................................ |
16 |
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10. |
Scrutiny Panels: Public hearings.................................................. |
20 |
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11. |
Scrutiny Panels: Reports............................................................ |
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12. |
Scrutiny Panels: Resources........................................................ |
24 |
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13. |
Public Accounts Committee....................................................... |
24 |
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14. |
Appendix 1 – Access to Council of Ministers
Part B background reports: Confidentiality Agreement ............................................. |
28 |
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15. |
Appendix 2 – The Roles of Scrutiny Panels vs
the Public Accounts Committee |
29 |
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16. |
Appendix 3 – Standing Orders relating to PAC
and Scrutiny Panels |
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17. |
Appendix 4 – Standing Orders relating to Code
of Practice.......... |
32 |
Chairmen’s
Committee
Draft Code of
Practice for Scrutiny Panels and PAC
1.1 The
Scrutiny Panels and the Public Accounts Committee (PAC) have been established
by the States as an integral part of the reforms to the machinery of government
in Jersey.
1.2 Scrutiny
Panels exist to hold the Executive to account for its policies and actions and
to undertake reviews into any matters of public importance. The role of the PAC
is to consider the use of public funds and the adequacy of corporate governance
arrangements.
1.3 The Chairmen’s
Committee, in accordance with Standing Order 143(f) and (g),
[Appendix 3(1)] has prepared this code of practice for the proceedings of
the PAC and Scrutiny Panels for approval by the States. Standing Orders 134(6)
[Appendix 3(2)] and 141 [Appendix 3(3)] require the PAC, Scrutiny
Panels, a Sub-Panel of a Scrutiny Panel and any member of a Scrutiny Panel to
comply with this Code.
1.4 It is
recognised that the Code will need to be regularly updated and amended in the
light of further experience to ensure that the Scrutiny function operates
efficiently and effectively.
1.5 The
Chairmen’s Committee, in consultation with the Executive and the Privileges and
Procedures Committee (PPC), will keep the Code of Practice under review to
ensure that it meets the needs of the Panels, witnesses and the public.
2.1 The
Chairmen’s Committee is comprised of six ex officio members, that is: the
Chairman of the five Scrutiny Panels and the Chairman of the PAC. Two
additional members are appointed by the States on the nomination of the
President of the Chairmen’s Committee (Note: alternative nominations may also
be considered by the States).
2.2 The
President of the Chairmen’s Committee is appointed by the States in the manner
prescribed in Standing Order 121 [Appendix 3(4)].
2.3 The
Chairmen’s Committee has responsibility for oversight, co-ordination and review
of the work of the PAC and the Scrutiny Panels. The full terms of reference of
the Committee are set out in Standing Order 143 [Appendix 3(5)].
2.4 The
Chairmen’s Committee is a co-ordinating body, ensuring that resources are
allocated fairly between the PAC and the various Panels and there is no
unintentional overlap or gaps in the programme of scrutiny over a period of
time.
2.5 The
Chairmen’s Committee, in liaison with individual Chairmen, will try to ensure
that all non-Executive members of the States who wish to participate in the
Scrutiny function are involved in the work of the Panels or Sub-Panels.
2.6 The
Committee will ensure that the work programme chosen by the PAC and the Panels
can be undertaken within the financial and manpower resources available. The
Committee, however, does not have any sort of ‘veto’ over the programmes drawn
up by the PAC and the Panels.
2.7 At an early
stage each year the Chairmen’s Committee will receive from the PAC and each
Panel details of their provisional future work programme for the year. These
will be forwarded to the Executive for information. The work programmes will be
updated throughout the year. In addition, project outlines and plans for
individual reviews will be forwarded by the Panels to the Chairmen’s Committee
for endorsement.
2.8. The
Chairmen’s Committee will consider the overall strategic priorities of the
Executive. It may refer potential topics for review to the relevant Panel for
consideration.
2.9 The
Chairmen’s Committee has an important role in maintaining close contact with
the Council of Ministers to ensure that there is good two-way communication
between the Scrutiny function and the Executive on their respective work
programmes.
2.10 The
Chairmen’s Committee will invite the Chief Minister to meet it on at least a
twice yearly basis in order to discuss the respective work programmes of the
Executive and the Scrutiny function.
3.1 Scrutiny
Panels and the PAC have the power to issue summons in accordance with the
States of Jersey (Powers, Privileges and Immunities) (Jersey) Regulations 2006.
In accordance with the statutory requirement Panels will nevertheless take all
possible steps to obtain voluntary compliance before using the powers contained
in the Regulations.
3.2 Members
of the States are not covered by the Regulations as they are required to
co-operate with Panels by the Code of Conduct. Panels will nevertheless use the
procedures set out below, that mirror those set out in the Regulations, when
seeking evidence from Ministers, Assistant Ministers and other Members of the
States.
3.3. Every
effort will be made to obtain voluntary cooperation from Ministers and other
Members to provide the documentary evidence required by the Panel and to attend
hearings to give oral evidence. If a Member refuses to co-operate when
requested, a formal letter from the Chairman of the Panel will be sent setting
out the evidence required and, if appropriate, the proposed date and time of
the hearing.
3.4 In
common with members of the public who are able to challenge a summons, Members
of the States will be able to write to the Greffier asking for a review of the
request to provide evidence if they consider –
(a) that the Panel has not taken adequate
steps to seek voluntary cooperation from the Member or to deal with evidence
confidentially if appropriate;
(b) that the evidence is, or the documents
are, not relevant or necessary to the matter that the Panel is investigating;
(c) that the evidence is, or documents are,
legally privileged;
(d) that the prejudice to the Member that
would ensue from appearing before the Panel and giving the evidence and, where
required, producing the documents, so far outweighs the usefulness of the
evidence or documents to the Panel that it would be unreasonable to require the
Member to appear.
3.5 The
Greffier will immediately refer the matter to the Privileges and Procedures
Committee which will review the matter and direct whether or not the Minister
or Member concerned should comply with the request. If a Member fails to comply
when directed by PPC to do so he or she will be regarded as being in breach of
the Code of Conduct and the appropriate disciplinary process will be initiated.
4. Scrutiny Panels – remit and
membership
Terms of reference
4.1 The
formal terms of reference for the Scrutiny Panels are set out in Standing Order
136 [Appendix 3(6)]. The Panels will prepare an annual report describing
how they met these terms of reference in their work programme for the year.
Remit
4.2 Standing
Orders stipulate the establishment of five Scrutiny Panels each undertaking
responsibility for scrutinising broad topic areas designed to cover the full
range of ministerial departments. The five Panels and the departments to which
they are related are –
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Panel |
Ministry |
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Corporate Services |
Chief Minister Treasury and Resources |
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Economic Affairs |
Economic Development |
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Education and Home Affairs |
Education, Sport and Culture Home Affairs |
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Health, Social Security and Housing |
Health and Social Services Housing Social Security |
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Environment |
Planning and Environment Transport and Technical Services |
4.3 In
general, each Panel has the freedom to select its own programme of reviews
within its remit. Each Panel has the responsibility of ensuring that a fair
measure of scrutiny is undertaken across the full range of ministerial
departments within its remit during the course of the lifetime of the Panel.
4.4 The
Panels may consider matters which are referred to them by the States, the
Executive, the Chairmen’s Committee, individual States members, interest groups
or the general public but they are under no obligation to undertake reviews
which are referred to them by any of these bodies.
Chairman
4.5 The
Chairman of each Panel is appointed by the States in the manner set out in
Standing Order 120 [Appendix 3(7)]. The term of office for each Chairman
is for the duration of the States Assembly until the beginning of the first
States meeting following the next ordinary election.
4.6 The
responsibilities of the Chairman are as follows –
· to
develop and provide strong and fair leadership and clear guidance to members
and Officers involved in the Scrutiny function;
· to
develop clear understanding of the terms of reference of the Panel and the
scope and range of the scrutiny functions;
· to
ensure that the Panels are effective in developing a process that will
contribute to the achievement of the States’ strategic aims and priorities and
the continuous improvement in services and implementation of best practice;
· to
agree all agendas for the Panel’s meetings and take a lead in developing a
forward work programme and ensuring that it is adhered to within the resources
available;
· to
meet on a regular basis and consult with the other Panel Chairmen and the
Chairman of the Public Accounts Committee through the Chairmen’s Committee;
· to
ensure that the appropriate members of the Executive are briefed about the work
of the Panel;
· to
have overall responsibility for liaison with Ministers and Chief Officers
responsible for services within the Panel’s programme;
· to
undertake on behalf of the Panel all contact with the media including press
releases and interviews.
· to
ensure that requests for information are fair and reasonable;
· to
seek to involve all Scrutiny members in the work of the Panel;
· to
decide, in consultation with Scrutiny Officers, which witnesses to invite to
hearings;
· to
chair Scrutiny hearings in public, ensuring fairness to witnesses;
· to
develop a clear brief for each piece of work;
· to
conduct an evaluation of each review to assess the effectiveness of the process
and identify problems.
4.7 The
Chairman may delegate certain functions, for example, chairing a public hearing
or contacting the media, to another member of the Panel.
Membership
4.8 Each
Panel consists of the Chairman and up to four elected States members who are
appointed to the Panel by the States in the manner set out in Standing Order
125 [Appendix 3(8)].
4.9 Each
Panel selects a Vice-Chairman to fulfil the functions of the chairman in
his/her absence.
4.10 The
quorum for each Panel is one half of its membership, rounded up to the next
whole number.
4.11 Without
a quorum, a Panel may not make substantial decisions at a meeting on its work
programme, the terms of reference of specific reviews or a report following a
review. A public or private hearing also requires a quorum of members.
4.12 In
practice Panels make most of their decisions by consensus without the need to
vote. Where a vote is necessary, each member of the Panel has one vote. The
Panel Chairman does not have a deciding vote in the event of a tied vote. It is
not possible to proceed with a decision on a tied vote.
Sub-Panels
4.13 Under
Standing Order 139 [Appendix 3(9)], the Panels are entitled to set up
sub-Panels to deal with particular issues, such as draft legislation, or to
undertake a review which cuts across the responsibility of more than one Panel.
4.14 Sub-Panels
may contain elected members who are not members of the Panel in question
(provided that they are not Ministers or Assistant Ministers).
4.15 Sub-Panels
operate on behalf of the Panel which has appointed them and only with the
authorisation of that Panel. The appointment, remit and timescale must be
agreed by the full Panel and recorded in the Minutes. The Sub-Panel will
appoint its own Chairman and it is the responsibility of the Sub-Panel Chairman
to report to the full Panel on a regular basis. The quorum for a Sub-Panel is
one half of its members, rounded up to the next whole number. The report
prepared by the Sub-Panel on its review will be presented to the States in the
name of the full Panel.
4.16 Sub-Panels
may call upon the financial and manpower resources available to the Panel. This
is subject to the other commitments of the Panel and to the agreement of the
Chairmen’s Committee.
Rapporteurs
4.17 Under
Standing Order 140 [Appendix 3(10)], the Panels are also entitled to appoint a
single member, or rapporteur, to deal with a specific issue within the Panel’s
remit.
4.18 Rapporteurs
operate on behalf of the Panel, on the same basis as a Sub-Panel, as set out
above. Rapporteurs will progress their investigations on their own initiative
and direction, but ultimately report back to the Panel. Rapporteurs should
liaise with the Chairman on a regular basis.
Declaration of interests
4.19 A
member of the Panel must declare an interest and withdraw from part or all of a
review being conducted by the Panel if he/she considers that this interest
would prejudice, or appear to prejudice, his or her ability to participate in
the Panel proceedings in an impartial manner.
4.20 It is
inappropriate for a Panel member who represents, or is a member of, a
particular interest, stakeholder group or other organisation to participate in
a review of a topic directly related to that group. The member may, however,
give evidence to the Panel as a witness, having withdrawn from the Panel for
the duration of the particular review.
4.21 Questions
about a potential conflict of interest on the part of a member of a Panel
should be referred in the first instance to the Chairmen’s Committee for
consideration who will refer the matter to the Privileges and Procedures
Committee if a satisfactory resolution cannot be achieved.
4.22 If a
witness believes that he/she has a potential conflict of interest, this fact
should be made known to the Panel at the earliest opportunity.
4.23 In the
final analysis, the Panel will determine whether the witness should appear
before it to give evidence, having taken into account the reasons given by the
witness.
4.24 If the
Panel decides that it wishes to proceed with taking evidence from the witness,
it will make a statement in its final report noting that a declaration of
potential conflict of interest had been made by the witness.
5. Scrutiny
Panels: Expert Witnesses and Advisers
5.1 The
Panels may consider the appointment of expert witnesses and advisers to assist
them in their work and offer technical support. The Panels have a specific
budget allocation for this purpose, overseen by the Chairmen’s Committee.
5.2 Panels
appoint advisers to assist them in studying Executive policies. Panels have the
freedom to select advisers whom they consider to have an appropriate level of
expertise.
5.3 Advisers
are normally appointed for a specific issue and for a specific period of time.
They always report to a specific Panel. A Panel may wish to appoint a single
adviser or a number of advisers, if it requires a range of expertise or opinion
and has the budget to do so.
5.4 Advisers
may be used for a range of tasks including technical assessment of evidence,
advising on the selection and questioning of witnesses and providing briefing
papers for the Panel. Advisers generally attend oral evidence sessions, and may
ask questions regarding technical matters of witnesses appearing before the
Panel who are not States members. An adviser may also be invited in a hearing
to act as an expert witness.
5.5 In
selecting an adviser, the Panels must adhere to Financial Direction
No. 5.1 on the engagement and use of consultants.
5.6. The
first stage in appointing an adviser is for the Panel to agree, in principle,
that it wishes to appoint an adviser, to define the specification of the task
to be undertaken, to prepare a project brief and to estimate a budget for the
appointment. The selection of an adviser must be agreed by the Panel. In most
cases, the Panels will consider more than one candidate. The authorisation of
the Chairmen’s Committee for this expenditure should be sought at this point.
5.7 The
Panels may search for suitable advisers from a variety of sources. They may,
for example, approach accredited bodies or professional organisations, consult
States departments for lists of professional advisers or take advice from local
interest groups. The Scrutiny Office will endeavour to develop a register of
potential local advisers to support the Panels.
5.8 It is
impossible to be prescriptive about the levels of remuneration for advisers.
Much depends on the individual, their professional background and their
charging structure.
Scheduling of meetings
6.1 The Panels
will agree for each calendar year a schedule of regular meetings which will be
held to plan and consider the progress of enquiries being undertaken by the
Panel. When this schedule has been agreed, it will be published on the Scrutiny
website.
6.2 Panel
meetings will commonly be held in the rooms which have been designated for
Scrutiny (Le Capelain and Blampied). However, a Panel may meet at any location
of its choice.
6.3 The
Panels will publish an agenda at least four working days in advance of each
scheduled meeting. The Agenda will be available on the Scrutiny website and in
the States Bookshop. The Scrutiny Officers will work with the Chairman in
drafting the agenda.
6.4 The
agenda papers will normally be sent to Panel members in hard copy. Agenda
Papers which are related to matters to be discussed in private (see
paragraph 6.7 below), however, will not be published.
6.5 Minutes
of each meeting will be published electronically and in hard copy as soon as
possible after each meeting. The Minutes will be signed by the Chairman once
the Panel has agreed that they represent a true record of the proceedings.
Public and private meetings
6.6 Standing
Order 138(6) [Appendix 3(11)] provides that the public may observe a Panel
meeting, or a hearing, unless the Panel decides otherwise. A States member who
is not a member of a Panel may observe any of its meetings or hearings,
provided that the Panel is not in private session.
6.7 The
Panel may decide to take all or part of a meeting in private. The agenda will
normally indicate in advance of the meeting those items which will be taken in
private session. The Panel may, however, decide in the course of a meeting that
it should continue in private session.
6.8 It is
not possible to give a complete list of reasons why a Panel might consider it
appropriate to meet in private. The decision remains at the discretion of the
Panel. Among the reasons why a Panel might consider it appropriate to meet in
private are –
· Discussion
of the merits of potential advisers