To lead and co-ordinate the scrutiny of committees of the States by reviewing and examining legislation, policies, services and the use of monies and other resources for which committees are responsible
Constituted as a Committee of the States with effect from 1 May 2016.
Constitution
- A President who shall be a member of the States: provided that the President of the Scrutiny Management Committee shall not be the President or a member of the Policy & Resources Committee or the President or a member of any of the six Principal Committees; and two members who shall be members of the States: provided that a member of the Scrutiny Management Committee shall not be the President or a member of the Policy & Resources Committee or the President or a member of more than one of the six Principal Committees; and two voting members who shall not be members of the States and who shall be elected by the States.
President: Deputy Yvonne Burford Vice-President: Deputy Simon Fairclough Member: Deputy John Dyke Principal Officer: Mark Huntington Duties & Powers
- To lead and co-ordinate the scrutiny of committees of the States and those organisations which are in receipt of public funds, by reviewing and examining legislation, policies, services and the use of monies and other resources for which committees are responsible.
- As far as is reasonably practicable, to appoint scrutiny panels (whether task and finish or standing panels) to carry out the work of reviewing and scrutinising committees' policies and services and their management of monies and other resources entrusted to them: provided that neither the President nor the members of the Policy & Resources Committee shall serve on such scrutiny panels and also provided that the Committee retains the power, if it so wishes, to carry out any review itself rather than through an appointed panel and also provided that the Committee shall at all times be responsible, and accountable to the States, for everything done by the Committee and any panels it has appointed, including the content of any report issued under its name.
- To appoint a Legislation Review Panel to carry out the functions of legislative scrutiny in Article 66 of the Reform Law and also to recommend any changes to legislation from which it believes the Island may benefit: provided that the Committee shall at all times be responsible, and accountable to the States, for everything done by the Legislation Review Panel; and to constitute the Legislation Review Panel as follows: a President who shall be a member of the Scrutiny Management Committee and also a member of the States, a minimum of four other States' members, a minimum of two non-voting members who shall not be members of the States, and any number of additional and occasional non-voting members as the Scrutiny Management Committee sees fit for the purposes of review of any item of legislation or any other matter: provided that such additional and occasional non-voting members may or may not be members of the States and also provided that neither the President nor the members of the Policy & Resources Committee shall serve on the Legislation Review Panel.
- Legislation Review Panel Membership: Deputy John Dyke (Chairman), Deputy Simon Fairclough (Vice-Chairman), Deputy David de Lisle, Deputy Aidan Matthews, Deputy Chris Le Tissier, Advocate Simon Howitt (
Declaration of Interests available here [1Mb]) and Advocate William Simpson.
- To scrutinise any matter contained in a policy letter which has been referred to the Committee by resolution of the States in accordance with any terms set out in the resolution and to submit to the States its findings thereon within a period of time set out in the resolution, which findings, together with the original matter, shall be laid before the States.
- To promote and facilitate the participation in scrutiny of the widest possible range of States' members and persons independent of the States.
- When determining the subject of its reviews and examinations, to pay particular attention to the performance of committees in contributing to States' objectives and policy plans and to matters which are of substantial importance or of significant public interest.
- To recognise that the carrying out of scrutiny in public where possible is likely to contribute positively to public perceptions of scrutiny.
- To submit a report to the States annually which reviews the work of the Committee and its panels over the previous 12 months and which sets out the Committee's objectives and, to the extent that it is possible while retaining a flexible and responsive approach to scrutiny, an indicative programme of work over the next 12 months.
- To represent the work of scrutiny in the States, and publicly to promote and champion the value of scrutiny.
- To advise the States if and when in its opinion circumstances justify the establishment of a Tribunal of Inquiry in accordance with the Tribunals of Inquiry (Evidence) (Guernsey) Law, 1949, as amended.
- To exercise powers and perform duties conferred on the Committee by extant States' resolutions, including those resolutions or parts of resolutions which relate to matters for the time being within the mandate of the Scrutiny Management Committee and which conferred functions on the former Legislation Select Committee, Public Accounts Committee and Scrutiny Committee.
- To fulfil the responsibilities and operation functions set out below.
- Freedom of Information Appeals Panel Membership: Advocate Chris Green (Chair), Rachel Masterton (Vice-Chair), Advocate Simon Howitt, Advocate Ian Kirk and Susan Gordon Hardy.
- The Freedom of Information Appeals Panel (the Panel) is an appeal body, independent of the States of Guernsey, which was established on 1st January 2021 and is a sub-committee of the Scrutiny Management Committee with a Secretariat provided by its Office.
- The purpose of the Panel is to determine appeals against decisions made by a Principal Committee, or other States Body against the release of information made on the application of exemptions under the Freedom of Information Code (the Code).
- The Panel aims to provide an independent appeals process which is accessible to all and offers a fair and transparent determination of an appeal on the application of exemptions under the existing Freedom of Information Code.
- The purpose of a submission to the Panel is to allow an independent review of a decision made by the relevant States Committee. All appeals will be determined on the basis of a review of the relevant States Committee's decision.
- A merits review will involve a full reconsideration of the facts of the decision on the application of exemptions under the existing Code which is the subject of the appeal.
Responsibilities
- A. General Responsibilities of the Policy & Resources Committee and all Principal Committees
- 1. to contribute to fulfilling the States' objectives and policy plans, including by supporting and participating in cross-committee work;
- 2. to monitor and report on policy outcomes in areas relating to its mandate;
- 3. to ensure that public funds and other resources are used to best advantage, including through co-operative and flexible working practices.
- B. General Responsibilities of all Committees of the States
- 1. to exercise powers and perform duties conferred on the committee by extant legislation and by extant States' resolutions;
- 2. to be accountable to the States for all policies developed, actions taken and services delivered or overseen by the committee;
- 3. to be accountable to the States for the management and safeguarding of public funds and other resources entrusted to the committee;
- 4. in any policy letter submitted to the States to set out clearly how the proposals contained therein relate to the duties and powers or the purpose and policy responsibilities of the committee, how the proposals contribute to the States' objectives and policy plans and what joint working or consultation has taken place with other committees;
- 5. to act in accordance with the Rules of Procedure of the States and their committees;
- 6. to be aware of the powers, duties and limits of the committee's mandate and to respect and not to undermine the mandates of other committees of the States;
- 7. to be aware that a committee of the States is in effect an agent of the States of Guernsey exercising functions conferred on it by resolution of, or legislation approved by, the States of Deliberation; and as such to respect that, save in specific circumstances where legislation provides otherwise, the States may at any time they consider it desirable issue directions to a committee and that committee shall be expected to carry into effect any such directions irrespective of whether that committee or any of its individual members agree or disagree with such directions: provided that the rejection by the States of recommendations or advice of a committee shall not ipso facto require the resignation of that committee.
- C. Reference to Enactments
- 1. unless otherwise provided, or the context requires otherwise, a reference to an enactment in the mandate of a committee is to be interpreted as a reference to the enactment as from time to time amended, re-enacted with or without modification, extended or applied.
Operational Functions
- The Scrutiny Management Committee shall deliver or oversee the delivery of those operational functions which immediately before the 1st of May, 2016 were delivered by:
- (a) the Public Accounts Committee, except that the following operational functions will transfer:
- to the Policy & Resources Committee
- o Advice and support in relation to the appointment of external auditors and their remuneration
- (b) the Scrutiny Committee,
- (c) the Legislation Select Committee, except that the following operational functions will transfer:
- to the Policy & Resources Committee
- o Advice and support in relation to legislative functions
Scrutiny Archive
Use the search bar above or links below to find Reports and Hansards from the Scrutiny Management Committee and its predecessors, the Scrutiny and Public Accounts Committees.
