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The new scrutiny system is designed to improve accountability to the public.


support staff in their role and, thirdly, it has been essential to explain to the electorate how and what scrutiny does.


New structure and an old idea The framework set up for scrutiny was, originally, four panels and a Public Accounts Committee. Because the concept of scrutiny was totally new, there was a "Shadow" stage during the final period of committee government. This gave some practice in the operation of a scrutiny function and an opportunity to undertake some training prior to the final change to executive government. Once executive government


commenced, it was realized that the remit of some panels was too broad for effective scrutiny and a fifth panel was set up. The structure and terms of reference of


scrutiny and the Public Accounts Committee are set out in the Standing Orders of the States. Effectively, the scrutiny panels deal with policy and the Public Accounts Committee deals with the utilization of resources following that policy. Scrutiny will normally interview Ministers and the Public Accounts Committee will normally interview accounting officers. Each of the panels and the Public


Accounts Committee has a Chairman who is elected by the States. Should there be a contested election, each contestant addresses the Assembly for 10 minutes and is then questioned by the Assembly for 20 minutes. Following these elections, the States will then elect the Members of the panels. Each scrutiny panel may have up to four Members. If more than four are


proposed, there is a straightforward election. The Public Accounts Committee is


structured differently. There shall be no less than two Members of the Public Accounts Committee who are selected from the elected Members; but there shall also be appointed an equal number of independent members drawn from business and industry. In an island with limited representation and a small population, we have found that the addition of the independent members is invaluable and brings an expertise and wealth of experience gained from business to apply to the financial affairs of the States. As far as we know this practice of appointing independent members is found only in Guernsey and Kiribati as well as Jersey. Work of the scrutiny panels and the


Public Accounts Committee is co-ordinated by a Chairmen's Committee which is composed of the five scrutiny panel Chairmen, the Chairman of the Public Accounts Committee and two independent Members. The President of the Chairmen's Committee is elected by the States, under the same procedures as the Panel Chairmen as described previously. This Committee meets monthly and acts as a forum for all scrutiny matters. Under the Jersey system, scrutiny


panels can form sub-panels to undertake scrutiny reviews. This allows Members of different panels to participate in reviews into cross-ministerial issues and can include those non-executive members who do not sit on a scrutiny panel. Members of one scrutiny panel can be Members of other


scrutiny panels or the Public Accounts Committee, with the exception of the Chairmen.


Operational knowledge Under the committee system, most Members were on at least two committees. This gave Members an insight into the workings of States departments and direct access to staff working in their respective areas. Additionally, the social effects of being on a committee meant that Members had direct access to Members with knowledge of other States departments. A new member could quickly build up an understanding of the entire States system. Under the ministerial system, new Members - either on scrutiny or in the executive - do not have this particular access to knowledge. The sub- panel system can allow scrutiny Members to build up their knowledge of different departments to a certain extent. At present, any Member who is on the


executive cannot be a Member of a scrutiny panel or sub-panel. Serious consideration is being given to allowing Assistant Ministers to join panels or sub panels which are not in their ministerial remit in order to ensure that they can gain the same knowledge of the overall States system. This would also reduce the possibility of scrutiny becoming adversarial and divisive. Apart from the addition of the


independent members, the Public Accounts Committee operates in much the same manner as established committees in jurisdictions such as the United Kingdom. The Comptroller and Auditor General, a new


The Parliamentarian 2008/Issue One - Jersey 9


“Critical Friends”


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