STATES OF JERSEY

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Code of Practice for Scrutiny Panels and the Public Accounts Committee

 

As adopted by the States as amended 12th March 2008

 

 

 

STATES GREFFE


CONTENTS

 

 

Page

 

 

 

1.

Introduction...............................................................................

3

 

 

 

2.

Chairmen’s Committee..............................................................

3

 

 

 

3.

Powers of PAC and Panels........................................................

4

 

 

 

4.

Scrutiny Panels: remit and membership.......................................

5

 

 

 

5.

Scrutiny Panels: Expert Witnesses and Advisers..........................

9

 

 

 

6.

Scrutiny Panels: Meetings..........................................................

9

 

 

 

7.

Scrutiny Panels: Planning the Forward Work Programme.............

11

 

 

 

8.

Scrutiny Panels: Planning a review..............................................

12

 

 

 

9.

Scrutiny Panels: Gathering evidence............................................

13

 

 

 

10.

Scrutiny Panels: Public hearings..................................................

18

 

 

 

11.

Scrutiny Panels: Reports............................................................

20

 

 

 

12.

Scrutiny Panels: Resources........................................................

22

 

 

 

13.

Public Accounts Committee.......................................................

23

 

 

 

14.

Compliance...............................................................................

25

 

 

 

15.

Appendix 1 – Access to Council of Ministers Part B background reports: Confidentiality Agreement .............................................

 

26

 

 

 

16.

Appendix 2 – The Rôles of Scrutiny Panels vs the Public Accounts Committee................................................................................

 

27

 

 

 

17.

Appendix 3 – Standing Orders relating to PAC and Scrutiny Panels

29

 

 

 

18.

Appendix 4 – Standing Orders relating to Code of Practice..........

30

 

 

 


Chairmen’s Committee

 

Code of Practice for Scrutiny Panels and PAC

 

1.         Introduction

 

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 is a “live” document which will need to be updated from time to time and amended in the light of further experience.

 

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 and develops to ensure that the scrutiny function operates as efficiently and effectively as possible.

 

2.         Chairmen’s Committee

 

2.1        The Chairmen’s Committee is comprised of six ex officio members, that is: the Chairmen 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, 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 Sub-Panels.

 

2.5        The Chairmen’s Committee is a co-ordinating body, ensuring, with the Scrutiny Manager, that resources are allocated fairly across the Panels and there is no unintentional overlap or gaps in the programme of scrutiny over the three year term of office.

 

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        The Chairmen’s Committee will be advised by all Panel Chairmen of any forward work programme as appropriate, planned reviews, and at the start of each review of the scoping documents detailing financial and manpower implications and terms of reference. It will also be advised of any planned work on the Executive’s strategic priorities.

 

2.8.       The Chairmen’s Committee, in accordance with Standing Orders will co-ordinate the preparation of an annual report on the work of the PAC and Scrutiny Panels.

 

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 and the Chief Minister will meet on at least a twice yearly basis in order to discuss the respective work programmes of the Executive and the Scrutiny function and any other matters which might arise.

 

3.         Powers of PAC and Panels

 

3.1        Scrutiny Panels and the PAC have the power to issue summonses 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 [PPC] which will review the matter and, subject to the preservation of legal professional privilege and the privilege against self-incrimination, 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)].

 

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 –

 

Panel

Ministry

Corporate Services

Chief Minister

Treasury and Resources

Economic Affairs

Economic Development

Education and Home Affairs

Education, Sport and Culture

Home Affairs

Health, Social Security and Housing

Health and Social Services

Housing

Social Security

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        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.

 

4.5        Consideration will be given to the Executive’s strategic priorities relevant to the Panels’ remit and the relevant Minister advised of Panels’ actions in this respect.

 

4.6        Panels will prepare an annual report of the work undertaken during the previous year for timely submission to the Chairmen’s Committee at the start of each year.

 

4.7        Panels will monitor and follow up the Executive’s responses to Panel recommendations arising from reviews.

 

Rôle of Chairman

 

4.8        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.

 

4.9        The responsibilities of the Chairman are as follows –

 

(a)                to develop and provide strong and fair leadership and clear guidance to members and Officers involved in the Scrutiny function;

(b)                to develop clear understanding of the Panels’ terms of reference in Standing Orders and to ensure these are fulfilled during the term of office;

(c)                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;

(d)                to agree all agendas for the Panel’s meetings and take a lead in ensuring that Panels are aware of all areas of possible review within the Panel’s remit

(e)                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;

(f)                 to ensure that the appropriate members of the Executive are briefed about the work of the Panel;

(g)                to develop a clear brief and Terms of Reference for each review topic;

(h)                to have overall responsibility for liaison with Ministers and Chief Officers responsible for services within the Panel’s programme;

(i)                  to undertake on behalf of the Panel all contact with the media including press releases and interviews. A Panel Chairman will delegate the above responsibilities to a Sub-Panel Chairman or lead member as appropriate;

(j)                  to ensure that requests for information are fair and reasonable;

(k)                to decide, in consultation with Panel Members and Scrutiny Officers, which witnesses to invite to hearings;

(l)                  to chair Scrutiny hearings in public, ensuring fairness to witnesses;

(m)              to conduct an evaluation of each review to assess the effectiveness of the process and identify problems.

 

4.10      The Chairman may delegate certain functions, for example, chairing a public hearing or contacting the media, to another member of the Panel.

 

Membership

 

4.11      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)].

 

4.12      Each Panel selects a Vice-Chairman to fulfil the functions of the chairman in his/her absence.

 

4.13      The quorum for each Panel is one half of its membership, rounded up to the next whole number.

 

4.14      Without a quorum, a Panel may not make substantial decisions at a meeting on its work programme, the terms of reference of specific reviews, appointment of an adviser or financial expenditure or a report following a review. These decisions must all be formally minuted. A public or private hearing also requires a quorum of members.

 

4.15      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

 

4.16      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.

 

4.17      Sub-Panels may contain elected members who are not members of the Panel in question (provided that they are not Ministers or Assistant Ministers).

 

4.18      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, who will be a Member of the main Panel. 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.

 

4.19      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 and Scrutiny Manager

 

4.20      There is no power of co-option: i.e. a non-Panel Member cannot be co-opted onto the main Panel as an additional Member for a review.

 

Rapporteurs

 

4.21      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.

 

4.22      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

 

4.23      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.

 

4.24      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.

 

4.25      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.

 

4.26      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.

 

4.27      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.

 

4.28      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 Scrutiny function has a 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 Chairmen’s Committee will be advised of the selection process and appointment.

 

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.

 

6.         Scrutiny Panels: Meetings

 

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

            ·           Discussion of questions to be put to witnesses

            ·           Discussion of draft Panel reports.

 

6.9        States members and members of the public who are admitted to a Panel meeting or hearing will be expected to comply with the conditions of behaviour determined by the Chairman. Their attendance will be on the basis of an observer. No intervention into the meeting or hearing will be permitted, except with the express permission of the Chairman.

 

6.10      The Chairman may request that any member of the public who does not observe these conditions be removed from the meeting room and excluded from the remainder of that meeting or hearing. In the event that a member of the public refuses to leave the meeting, the Chairman may close the meeting.

 

7.         Scrutiny Panels: Planning the Forward Work Programme

 

7.1        At the start of each year the Panels will consider their forward work programme based on the work programme of the relevant Departments and any other areas of public interest. They will endeavour to identify topics for review and develop a draft forward programme.

 

7.2        As part of this initial planning, the Panels will invite Ministers relevant to their remit to discuss the business plan and forward priorities of their Departments. Good communication and information from Ministers about the Department’s forward work plan at this stage should enable Scrutiny to develop a work programme which will co-ordinate appropriately with the Executive’s legislative and strategic business plans.

 

7.3        Panels and their respective Minister(s) should meet at least every quarter             to         update the other on respective work programmes.

 

7.4        The Panels may also invite interest groups and stakeholders relevant to their remit to make presentations on possible future topics for review.

 

7.5        The Panels will also consider suggestions for reviews from other States members and from members of the public. Proposal forms are available from the Scrutiny Office for this purpose. Scrutiny Officers will advise anyone wishing to make a proposal on the current priorities of the Panel.

 

7.6        The Panels will take account of the Executive’s ‘Discussion Papers’ and ‘Draft Policy Papers’ in planning its work programme. These consultation papers should enable the Panels to have a clear view of the planning process for a major policy proposal or important new legislation and should help the Panels to determine the most appropriate opportunity to conduct a review.

 

7.7        The Panels will seek to be co-operative in the planning process and will determine how best to participate in public consultation. Once the Executive has completed its consultation, the Panels will not normally commence a separate investigation into a policy proposal unless there is evidence that significant factors have been ignored by the Executive.

 

7.8        Communication is a two-way process and the Panels will seek to give good notice to the Executive of their intention to scrutinise a policy in development so that the scrutiny process does not unduly delay the programme set out by the Executive in its business plan.

 

7.9        In developing a balanced work programme, the Panels will take account as far as possible of the four main roles of scrutiny, namely –

 

            ·           Policy

            ·           Primary/subordinate legislation

            ·           Annual Business Plan/Budget

            ·           Matters of public interest.

 

7.10      In selecting topics for review, the Panels will consider if they –

 

            ·           are linked to States strategic objectives;

            ·           are a community/corporate priority area;

            ·           are a key issue for the public;

            ·           are likely to result in an improved service to the public;