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A decision made 25 February 2013:

Decision Reference: MD-E-2013-0031
Decision Summary Title :	Response to Economic Affairs Scrutiny Panel report on Tourism Shadow Board		Date of Decision Summary:	21st February 2013
Decision Summary Author:	Performance and Operations Manager		Decision Summary: Public or Exempt? (If exempt State clauses from Code of Practice booklet)	Public
Type of Report: Oral or Written?	Written		Person Giving Oral Report:	N/A
Written Report Title :	Response to Economic Affairs Scrutiny Panel report on Tourism Shadow Board		Date of Written Report:	February 2013
Written Report Author:	Performance and Operations Manager		Written Report : Public or Exempt? (State clauses from Code of Practice booklet)	Public
Subject: Departmental response to Economic Affairs Scrutiny Panel report on Tourism Shadow Board
Decision(s): The Minister approved his response to the Economic Affairs Scrutiny Panel report on the Tourism Shadow Board and agreed that it should be presented to the States as soon as possible.
Reason(s) for Decision: In accordance with procedure, the Department is responding to the findings and recommendations of a Scrutiny report.
Resource Implications: None
Action required: The Greffier of the States is requested to present the Scrutiny Response to the States at the earliest opportunity.
Signature: Senator AJH Maclean		Position: Economic Development Minister
Date Signed:		Date of Decision (If different from Date Signed):

Tourism Shadow Board - Economic Affairs Scrutiny Report (S.R. 1/2013): Response of the Minister for Economic Development

Ministerial Response: S.R. 1/2013 Ministerial response required by 25th February 2013.

Review title: Tourism Shadow Board

Scrutiny Panel: Economic Affairs

Introduction

The Minister for Economic Development welcomes the report by the Economic Affairs Scrutiny Panel into the establishment of a Tourism Shadow Board.

The report endorses the Department’s plans to establish the Shadow Board and provides useful recommendations to clarify specific aspects of the proposal. Subsequent to the Scrutiny report being published, the States has approved the proposition to establish the Board. The Panel’s scrutiny into this matter provided States members with additional assurance and contributed significantly to the debate.

Findings

	Findings	Comments
1	Procedural oversight and late communication by the Minister for Economic Development to the Economic Affairs Scrutiny Panel of advanced plans to establish a Tourism Shadow Board, resulted in avoidable delays to both the formalisation of the appointment of the Chairman of the Tourism Shadow Board and the date of debate of P.113/2012. (7.1.7).	It is accepted that procedural oversight with reference to P170/2010 caused a delay. The plans to establish a Tourism Shadow Board had been shared with the EASP previously: the objective was set out in the Economic Growth and Diversification Strategy and the draft proposition was circulated in advance of lodging, before the procedural oversight was noted.
2	The Jersey Appointments Commission has been used to successfully appoint the Chairman ‘Designate’ for the Tourism Shadow Board. The Chairman ‘Designate’ is local, knowledgeable and sufficiently independent to satisfy the requirements of all parties concerned. (7.1.12)	Agreed.
3	The Tourism industry in Jersey represents a diverse array of small, medium and large businesses, all of which should be given the opportunity to have their opinions heard by the Tourism Shadow Board on the future shape of the industry. (7.2.7)	Agreed.
4	There is consensus between the Tourism industry and the Minister for Economic Development that the Tourism Shadow Board would benefit from having local and non-local members, although opinions on the most appropriate balance are varied. (7.2.8)	Agreed.
5	There has been some confusion surrounding the proposed role of ‘Chief Executive of Visit Jersey’. Industry representatives and the Panel had interpreted this to be a new post, to be recruited to with input from the Chairman of the Tourism Shadow Board. However, the post is simply the new working title of the current Director, Jersey Tourism, reflecting the revised working title for Jersey Tourism, ‘Visit Jersey’. (7.2.12)	Agreed.
6	There is widespread agreement that it is essential for the ‘Ports of Jersey’ to have representation within the Tourism Shadow Board structure,)	Agreed. It will be for the Shadow Board to decide how best to integrate with Ports of Jersy
7	It is anticipated that the current Tourism Marketing Panel will be replaced by, or consumed within, the new Tourism Shadow Board structure, particularly given the proposals for the Shadow Board to establish relevant sub-committees in specialised areas such as marketing and travel links. (7.2.24)	This is for the Shadow Board to make a recommendation on’ but some industry consultation groups are likely to be formed.
8	It is proposed that in the first instance the Tourism Shadow Board will define the optimum operational and governance structure for Jersey Tourism and make a recommendation to the Minister for Economic Development to implement changes as necessary. Additionally, a key initial task of the Shadow Board will be to finalise and recommend a new Tourism Strategy. (7.3.3)	Agreed.
9	In order for a new Tourism Strategy to be able to influence the 2014 season, it will need to be finalised by the end of the summer 2013 at the latest. (7.3.5)	Agreed.
10	A very large number of responses were received by the Economic Development Department following the Tourism Strategy Green Paper consultation. This information is being collated by the Department in order to help inform the Tourism Shadow Board’s work on a new Tourism Strategy. (7.3.7)	Agreed.
11	The Tourism industry is supportive of the establishment of the Tourism Shadow Board, but sees it ultimately as a short term stepping stone to an independent PPP structure for Jersey Tourism. (7.3.13)	It is pre-emptive to judge one form of delivery over another until the costs and benefits of options are considered by the Shadow Board.
12	The Minister for Economic Development is committed to a ‘clean slate’ approach to any re-organisational recommendations to Jersey Tourism from the Tourism Shadow Board, and is waiting until receiving what he anticipates will be the high quality advice of the Shadow Board before determining the organisation’s future structure. (7.3.13)	Agreed.
13	Based on the strength of feeling within the Tourism industry and the ‘clean slate’ approach of the Minister for Economic Development, it is quite possible that within 12 months of being constituted the Tourism Shadow Board could make a recommendation for significant restructuring in the structure and organisation of Jersey Tourism. (7.3.13)	There are a range of conclusions and recommendations the Shadow Board may come to. As above, it is pre-emptive to pre-judge what these may be.
14	The current draft Memorandum of Understanding governing the relationship between the Tourism Shadow Board and the Minister for Economic Development is based on the model used for the Harbours and Airport Shadow Board. (7.4.5)	Agreed.
15	Whilst the political accountability for public sector expenditure on Tourism rests with the Minister for Economic Development and the financial accountability rests with his Chief Officer, it is quite correct that those responsibilities are reflected in the Memorandum of Understanding. However, all parties agree that undue political influence on the work and recommendations of the Tourism Shadow Board must be avoided. (7.4.5)	Agreed.
16	It may or may not be necessary to undertake a rebranding of Jersey Tourism, but it is not decided at this stage and should be left for the Tourism Shadow Board to recommend on. Whilst well intentioned, use of the working title ‘Visit Jersey’ has been somewhat premature, at times a source of confusion, a diversion from the Minister for Economic Development’s ‘clean slate’ approach, and ultimately an unnecessary distraction from the key issues of the Shadow Board’s establishment. (7.6.4)	Agreed.

Recommendations

	Recommendations	To	Accept/ Reject	Comments	Target date of action/ completion
1	The Tourism Shadow Board’s Chairman should be centrally involved in the recruitment process of its non-executive directors, and be a member of the appointment panel. (7.1.12)	Minister for Economic Development	Accept	Following the States decision, the recruitment process has commenced.	Q2 ,2013
2	The Minister for Economic Development should encourage the Chairman of the Tourism Shadow Board to ensure that the diverse array of small, medium and large businesses that make up Jersey’s Tourism industry are given the opportunity to have their opinions heard by the Tourism Shadow Board on the future shape of the industry. (7.2.7)	Minister for Economic Development	Accept		Ongoing 2013
3	There should be a mixture of local and non-local members on the Tourism Shadow Board, but the Minister for Economic Development should be guided by the opinion of the Shadow Board’s Chairman as to the most appropriate balance and size, to help achieve a Shadow Board which remains independent of a “Government’’ majority. (7.2.8	Minister for Economic Development	Accept		Q2 2013
4	The Minister for Economic Development should allow the Tourism Shadow Board to undertake its work on recommendations regarding the future organisation, structure and rebranding of Jersey Tourism, covering all areas that it deems necessary including the role and responsibilities of the Chief Executive of any recommended organisation, before making any related decisions. (7.2.12)	Minister for Economic Development	Accept		During 2013
5	It should be for the new Tourism Shadow Board to decide on the most appropriate role for a ‘Ports of Jersey’ representative within the new structure. (7.2.18)	Minister for Economic Development	Accept		Q2 2013
6	The Minister for Economic Development should liaise with the Tourism Shadow Board to establish whether the present Tourism Marketing Panel should be disbanded and replaced by a specialist marketing sub-committee of the Shadow Board. (7.2.24)	Minister for Economic Development	Accept		Q2 2013
7	The Minister for Economic Development must continue to ensure that, whilst he and his Department may usefully assist and inform, they should not lead on the development of a new Tourism Strategy. It is the job of the new Tourism Shadow Board to take ownership of the process and recommend future strategy, informed by the results of the Green Paper. (7.3.7)	Minister for Economic Development	Accept	The Shadow Board will lead on the development of the Strategy. The Minister retains accountability for the sector and as such will be required to approve it.	Q2 2013
8	As with the new Tourism Strategy, the Minister for Economic Development must ensure that the Tourism Shadow Board is given the independence to take ownership of the process of developing recommendations for the future organisational structure of Jersey Tourism. (7.3.13)	Minister for Economic Development	Accept		During 2013
9	Significant attention will need to be paid by the Minister for Economic Development to securing a satisfactory process for staff to transfer to a new organisation, if such a change to the organisational structure of Jersey Tourism is recommended by the Tourism Shadow Board and pursued by the Minister. (7.3.15)	Minister for Economic Development	Accept	There are a range of conclusions and recommendations the Shadow Board may come to. As above, it is pre-emptive to pre-judge what these may be. Standard procedures are in place in the event of such a decision.	Dependent on recommendation by Shadow Board
10	The Panel recommends that the Minister for Economic Development makes certain that the draft Memorandum of Understanding is ‘signed off’ by the Chairman of the Shadow Board, having been modified if required through the liaison and agreement of the Chairman and Minister. This draft should then be presented to the Board for its consideration once constituted, to ensure that it is content that the terms of the relationship set by the Memorandum are sufficiently free from undue political/departmental influence to enable it to achieve its objectives independently. (7.4.5)	Minister for Economic Development	Partially accept	The Memorandum of Understanding is in draft form and a final draft will be developed in consultation with the Chairman and the Shadow Board. As the Shadow Board is being appointed by the Minister, it is ultimately the Minister who must ‘sign off’ the agreement. It is agreed that there should be no undue political/departmental influence.	Q2, 2013
11	The Minister for Economic Development should request the Tourism Shadow Board to consider making a recommendation as to whether it is necessary to rebrand Jersey Tourism, giving it suitable time to consider the options. The ‘Visit Jersey’ working title should cease to be used, with the title Jersey Tourism remaining in place until such a time as the Shadow Board recommends otherwise. (7.6.4)	Minister for Economic Development	Accept	It is accepted that referring to ‘Visit Jersey’ is pre-emptive. As recommended, the Shadow Board will be requested to consider the options for such a re-brand.	Q2-3 2013

Conclusion

This report is welcomed. It has and will continue to inform the approach to the establishment of the Shadow Board. The Minister is grateful for the Economic Affairs Scrutiny Panel for their work in this area and looks forward to reporting on the progress of the Shadow Board once it is established.