Response to the Education and Home Affairs Scrutiny Panel’s report

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A decision made (24/04/2008) regarding: Response to the Education and Home Affairs Scrutiny Panel’s report - Policing of Events : User Pays?

Decision Reference: MD-HA-2008-0025
Decision Summary Title :	Response to Scrutiny Report – User Pays?		Date of Decision Summary:	16 April 2008
Decision Summary Author:	Liz Middleton Finance Director		Decision Summary: Public or Exempt?	Public
Type of Report: Oral or Written?	Oral		Person Giving Oral Report:	Liz Middleton Finance Director
Written Report Title :			Date of Written Report:
Written Report Author:			Written Report : Public or Exempt?
Subject: Response to the Education and Home Affairs Scrutiny Panel’s report - Policing of Events : User Pays?
Decision(s): The Minister approved the presentation to the States of her response to the Education and Home Affairs Scrutiny Panel’s report - Policing of Events : User Pays?
Reason(s) for Decision: Section 11.15 of the Code of Practice for Scrutiny Panels and the Public Accounts Committee as adopted by the States as amended 12 March 2008 states that ‘The Executive will respond to Panel and Public Account Committee Reports in accordance with the Protocol for Executive responses to Scrutiny Reports. The Executive will normally provide a detailed response to the findings and recommendations of the Panel within six weeks of publication of the Report.’
Resource Implications: There are no financial implications to this decision.
Action required: The Executive Officer, Home Affairs, to request the Greffier of the States to place the Minister’s comments before the States as a Scrutiny Response.
Signature:		Position: Minister for Home Affairs
Date Signed:		Date of Decision (If different from Date Signed):

Response to the Education and Home Affairs Scrutiny Panel’s report - Policing of Events : User Pays?

9TH April 2008

Dear Deputy Mezbourian,

EDUCATION AND HOME AFFAIRS SCRUTINY PANEL REPORT

POLICING OF EVENTS : USER PAYS?

RESPONSE FROM THE MINISTER FOR HOME AFFAIRS

Introduction

This review has set out a balanced view on the issue of ‘user pays’ for policing events while suggesting that the introduction of a ‘user pays’ charge for the policing of events would not be inappropriate. The comments regarding the specific arrangements will be incorporated in the next phase of work required to take a report and proposition to the States.

Findings

I agree with the overall findings in the review and would add detailed responses to specific findings as follows:

3.2.6 Insufficient consideration was given during the development of the States Strategic Plan to the impact that Ministers’ objectives might have on other Departments.

Response

I agree, unfortunately this finding applies to a number of areas of States business. I hope that it is an issue that the next Council of Ministers will bear in mind when developing the next States Strategic Plan.

3.2.7 The Panel welcomes the intention that all parties have for greater co-operation and co-ordination when planning for events and hopes that such co-operation will lead to a reduction in the demands made on the States of Jersey Police.

Response

I am pleased to confirm that regardless of the decision to introduce ‘user pays’ charges for the policing of events it is the intention that officers from the Economic Development and Home Affairs Departments, Department for Education Sport and Culture, States of Jersey Police and Honorary Police will meet on an annual basis to review the ‘events calendar’ and discuss the impact on the resources of the States of Jersey Police and others and to aid more co-ordinated event planning.

3.2.8 Existing legislation effectively allowed a ‘user pays’ charge to be levied for Mutual Aid policing at Jersey Live 2007.

Response

Existing legislation did indeed allow a ‘user pays’ charge to be levied for Mutual Aid policing in 2007 which was necessary due to the level of policing required for the 2 day Jersey Live 2007 event, however, it is my intention that any future ‘user pays’ legislation will be permissive in allowing for the recovery of local policing costs and will have the support of the States.

3.2.10 If a ‘user pays’ charge is not introduced for the policing of events, it is likely that some events will not take place.

Response

It is not the intention of the States of Jersey Police to stop events taking place. However, as the Panel found ‘the policing of events in itself is not a core service of the States of Jersey Police’ – 7.4.5, it is therefore appropriate that States of Jersey Police resources should be directed firstly to its core services. Where one particular group receives a service from a States Department at no charge they are being subsidised by taxpayers and in these circumstances a ‘user pays’ charge is considered to be appropriate.

Recommendations

3.3.1 In future, greater consideration should be given by the Council of Ministers to the crosscutting implications of Ministers’ policies and objectives for other Departments.

Accepted, I shall raise the issue with the Council of Ministers.

3.3.2 The Council of Ministers should ensure that Ministers seek States approval for all new ‘user pays’ charges, even if existing legislation would allow a charge to be levied without such approval.

Accepted, I shall raise the issue with the Council of Ministers.

3.3.3 The Minister for Home Affairs should continue work and bring a proposition for a ‘user pays’ charge to the States Assembly for debate.

Accepted, it is my intention to take a proposition for a ‘user pays’ charge for policing events to the States Assembly for debate.

3.3.4 If the Minister for Home Affairs pursues the introduction of a ‘user pays’ charge for the policing of events, it should be based upon the principle that all events will be considered, albeit with exemption criteria.

Accepted, however it was my original intention to focus on new and enhanced events in the first instance in order to reduce the administrative requirements. The implementation of this recommendation will have administrative and consequently resource implications which I shall be discussing with the Minister for Economic Development.

3.3.5 Events should not be exempt from any ‘user pays’ charge introduced for the policing of events solely on the basis of being ‘traditional’.

Accepted, please refer to comment in respect of 3.3.4 above.

3.3.6 The Minister for Home Affairs should provide more detail on the assessment criteria for the proposed ‘user pays’ charge before the States Assembly is asked to approve the proposition.

Accepted, this was always my intention after receiving the views of the Council of Ministers and the Scrutiny Panel on the principle of ‘user pays’ for the policing of events.

3.3.7 Under the proposed ‘user pays’ system, event organisers should not be expected to pay for services upon which they cannot receive information.

Accepted. However the review recognises that there may be times where for operational reasons the States of Jersey Police would not wish to release information about its services. However closer working with event organisers should lead to the development of better relationships and hopefully transparency and consistency over the implementation of future ‘user pays’ charges.

3.3.8 Prior to bringing the proposed new ‘user pays’ charge to the States Assembly, the Minister for Home Affairs should consult the JCRA.

Accepted – while I am happy to accept this recommendation I shall be seeking advice from the Law Officer’s Department on the potential status of the States of Jersey Police under the Competition (Jersey) Law 2005 prior to consulting with the JCRA.

3.3.9 The Minister for Home Affairs should ensure that the distinct separation of the proposed ‘user pays’ system from the work of the Bailiff’s Public Entertainment Panel is made clear.

Accepted – it was always my intention that there should be a clear separation from the Bailiff’s Public Entertainment Panel.

Conclusion

I accept the review’s key findings and recommendations and thank the Panel for a comprehensive review of an issue that has, and no doubt will continue to, attract Members’ and the public’s interest.

Yours sincerely

SENATOR WENDY KINNARD

MINISTER FOR HOME AFFAIRS

Cc:

Mrs Anne Harris, States Greffe

Mr Julian Morris, Chief Minister’s Department