WITN10370183
WITN10370183
From: Swil, Jonathan
Sent: 06 August 2014 16:36
To: Band, Christa
Subject: RE: Project Sparrow
Yes. She was happy with our initial thoughts. This is what I was going to send about what she said. Will follow ina
bit with the draft email to them.
I have spoken with Belinda. My suggested comments to PO are set out below. But a few key points to improve our
understanding of the background:
- The Working Group have agreed to the preparation of this report and PO effectively had no choice. It arose because
SS said they did not have the time/resources to deal with and properly investigate all of the issues in detail in each
case so said they would prepare a “thematic” report which will be submitted by cross-reference as part of their
assessment of each Applicant's case (unsurprisingly, the JFSA is keen for the preparation of this type of report),
together with, presumably, a more cursory assessment of the facts of each case.
- The WG chairman has been taking a “judicial” approach to issues PO has come to him with i.e. he is remaining arms
length and feels the time has come and gone where PO could and if it wanted to should have dealt with SS so PO
now needs to live with them (although apparently off the record he has said he thinks SS's work is rubbish). Belinda
didn’t seem particularly confident, therefore, that he could be approached with any expectation that he would be
supportive of taking a particularly tough line with SS or generally be on side.
- Accordingly, the response to this report needs to be to its content, not the fact it has been prepared at all. Also,
while we can (and I have below) say ideally in ordinary circumstances you would sack SS, that is not an option— the
PO Board has taken the view based on advice that because of the Minister's public statements committing to using
SS, they are stuck with them (apparently come what may).
- Belinda agreed with the points I relayed (as per your and my call/emails and my call with Paul) and was grateful that
she could go to the CEO this afternoon with a plan to respond robustly, and make some of the key points I discussed
with her, but says that there are limits to how robust they can be because of the issues above.
- Unfortunately, the report (in whatever final form it takes) may go to Applicants as Belinda thinks it unlikely they will
convince the WG to prevent the report going to them. The options as she sees it is either to achieve sufficient
amendments that PO can live with it or prepare their own detailed response. If the latter, she thinks the detailed
response will be sent to each Applicant when the SS “package” of documents (their two thematic reports, ie. Part 1
and this Part 2, and draft case-specific report) is sent to the Applicant pre-mediation. The WG and Chairman will not
be able to stop PO putting its view forward in that detailed response at that point, because PO are formally entitled to
respond to SS's assessment of each case.
- SS had called for comments within 24 hours and Belinda pushed back and said they'd get an initial response in
48. She agrees a more detailed considered response should go later (such as she indicated, above) but wants to
send a private shot across their bow now.
From: Band, Christa
Sent: 06 August 2014 16:35
To: Swil, Jonathan
Subject: RE: Project Sparrow
OK - is everything cool?
From: Swil, Jonathan
Sent: 06 August 2014 16:34
To: Band, Christa
Subject: RE: Project Sparrow