Code of Conduct and Practice for Ministers and Assistant Ministers.

STATES OF JERSEY

CODE OF CONDUCT AND PRACTICE FOR MINISTERS AND

ASSISTANT MINISTERS

Presented to the States on 10th February 2015 by the Council of Ministers

STATES GREFFE

2015   Price code: C  R.11

CODE OF CONDUCT AND PRACTICE FOR MINISTERS AND ASSISTANT MINISTERS

Summary of Contents

Paragraph 1:  The Seven Principles of Public Life

Paragraph 2:  Accounting to the Assembly

Paragraph 3:  Prioritising Assembly business

Paragraph 4:  Collective responsibility

Paragraph 5:  Collective responsibility and Assistant Ministers Paragraph 6:  Bringing matters to the Council of Ministers Paragraph 7:  Resolving policy differences

Paragraph 8:  Council of Ministers' decisions

Paragraph 9:  Council of Ministers' responsibilities

Paragraph 10:  Membership of the Council of Ministers

Paragraph 11:  Announcements

Paragraph 12:  Communications

Paragraph 13:  Engaging with Scrutiny

Paragraph 14:  Ministerial Decisions

Paragraph 15:  Ministerial Portfolios

Paragraph 16:  Private Members' Propositions

Paragraph 17:  Avoiding Conflict of Interest

Paragraph 18:  Ministerial responsibilities and constituency matters Paragraph 19:  Minister and Officer working relationships Paragraph 20:  Personal responsibility for compliance

Paragraph 21:  Code compliance procedures

Paragraph 22:  Election periods

Paragraph 23:  Use of information for official purposes

Paragraph 24:  Consultation with Law Officers

Paragraph 25:  Individual investigations

Paragraph 26:  Advice on compliance

Paragraph 27:  Exclusion of administrative decisions

Appendix 1:  The Seven Principles of Public Life

Appendix 2:  Procedure in relation to alleged breaches of the Code Appendix 3:  Recording of Ministerial Decisions

Code of Conduct and Practice for Ministers and Assistant Ministers ("the Code")

1. Ministers and Assistant Ministers are expected to uphold the highest standards of  propriety  through  observance  of  the  Seven  Principles  of  Public  Life (selflessness,  integrity,  objectivity,  accountability,  openness,  honesty, leadership) as outlined inAppendix 1. As members of the States Assembly, Ministers are required to comply at all times with the Code of Conduct for Elected Members.
2. Whether in person or through their Assistant Ministers, Ministers have a duty to the States Assembly to account for matters for which they are responsible, including  for  the  policies,  decisions  and  actions  of  the  departments  and agencies which discharge their responsibilities.
3. Ministers should place the highest priority possible on participating in the business of the States Assembly generally. It is nonetheless recognised that holding a ministerial portfolio is demanding, and that Ministers will need to be absent  on  occasion  from  parliamentary  business  due  to  their  ministerial responsibilities.
4. Ministers should uphold the principle of collective responsibility, save where itis explicitly set aside by the Chief Minister in relation to a "free vote" (most commonly used on an issue of conscience') or "agreement to differ" (as the Chief Minister may determine in exceptional cases). Collective responsibility requires that Ministers should be able to express their views frankly and freely in private, while maintaining a united position when decisions have been reached. This includes not disclosing the internal process through which a decision has been made by the Council of Ministers ("Council"), and extends to all exchanges between Ministers in the furtherance of the functions of the executive.
5. The principle  of  collective  responsibility  also  extends  to the  Assistant Ministers of the Minister proposing a matter to the States Assembly, and, where it is the Council as a whole that is proposing a matter, to the Assistant Ministers who assist the Minister who has the principal policy responsibility and who would be the main rapporteur.
6. Matters wholly within the responsibility of a single Minister and which do not fall under the functions of the Council need not be brought to the Council. However, matters that affect more than one Minister should be brought to the Council. A Minister may also ask to bring a matter of sole responsibility to the Council for guidance, and the Chief Minister may request that a matter be considered by the Council. As a guide, the Council should consider matters of importance, and the more important a matter, the stronger the rationale for bringing itto the Council.
7. It is the responsibility of the proposing Minister to ensure that a matter is brought  before  the  Council,  and  to have  discussed  the  matter  with  other relevant  Ministers  in advance  of  the  Council  meeting,  including  having attempted to resolve any policy differences with those Ministers before the matter is considered by the Council. Wherever possible, these discussions

should take place through ministerial groups established by the Council to provide the fullest opportunity for policy matters to be considered.

8. The Council is able to give direction to a Minister or Assistant Minister as to how their functions should be discharged, having consulted with the Minister or  Assistant  Minister  first.  This  direction  cannot  relate  to individual determinations  under  statute  or  other  instrument.  However,  directions  can relate to policies which may in due course affect the overall framework within which determinations are made.
9. The Council has responsibility for the development and presentation of a statement  of  their  strategic  priorities,  and  the  prioritisation  of  legislative proposals across the ministerial portfolios. The Council is also responsible for discussing and agreeing their common policy regarding external relations. The Council should keep these matters under review by considering reports on progress against strategic priorities, including prioritising initiatives within any single calendar year.
10. The Council comprises the Chief Minister and Ministers, and is chaired by the Chief Minister, and in the absence of the Chief Minister, by the Deputy Chief Minister. In the absence of a Minister, and where one exists, an Assistant Minister shall attend in their place and, in any event, Assistant Ministers may attend for agenda items where the principle of collective responsibility applies to them. The Chair may invite other persons to attend Council meetings to inform and support the conduct of business. This includes Assistant Ministers and Officers in relation to relevant agenda items, and as a matter of normal practice, standing invites to attend exist for the Assistant Ministers to the Chief  Minister;  the  Chairman  of  the  Comité  des   Connétable s;  the  Chief Executive; the Attorney General; and the Greffier of the States. The meetings of  the  Council  will  be  supported  by  administrative  staff  of  the  Chief Minister's Department and recorded by the States Greffe, and papers, agendas and minutes will be circulated and published in accordance with prevailing rules on access to government information.
11. When the States Assembly isin Session, the most important announcements of policy should be made in the first instance in the Assembly, and in any event, States Members should be notified in advance of the media.
12. Before  making  a  policy  announcement  relating  to their  ministerial responsibilities,  with  a  consequence  for  the  image  and  reputation  of  the executive, other than minor, and however so made and by whatever media or means,  Ministers  and  Assistant  Ministers  shall  consider  whether  it raises issues which fall under the functions of the Council and, if so, bring the matter to the Council prior to any publication. In any event, the Chief Minister shall be notified of the intention to make an announcement for the purposes of co-ordinating the publication of government business, save for minor matters. Furthermore, public announcements shall avoid the appearance of a breach of the principle of collective responsibility and support the united position of the Council.

13. Ministers and Assistant Ministers should engage with the Scrutiny Panels in the manner outlined in the Code of Practice for Engagement between Scrutiny and Ministers and Assistant Ministers.
14. Ministers and Assistant Ministers should record decisions in compliance with the  "Ministerial  Decisions  Guidelines"  issued  by  the  Chief  Minister,  as included as Appendix 3 and updated periodically.
15. The Chief Minister is responsible for the allocation of responsibilities between Ministers, other than in so far as prescribed in statute, and the Chief Minister's approval must be sought to any changes proposed which affect the allocation of responsibilities, save for minor matters. Where the Chief Minister seeks to exercise his responsibilities around the overall organisation of the Executive, the Ministers affected should be notified, provided with the rationale, and be given an opportunity to be heard by the Chief Minister, who in turn should inform the Council and the States Assembly of any such decisions.
16. Ministers may bring propositions to the Assembly in their capacity as private members where that proposition does not relate to any matter governed by collective responsibility, whether that be an area of settled policy, or a matter that the Council may wish to adopt as its policy (in which event Council should be consulted). This is noting that exceptions to collective responsibility can be made as outlined in paragraph 4. This applies to Assistant Ministers in so far as the principle of collective responsibility applies to them, as outlined in paragraph 5.
17. Ministers and Assistant Ministers must scrupulously avoid any danger of an actual or perceived conflict of interest between their Ministerial position and their private interests or any other public role they hold, ensuring that their actions do not compromise their judgement or place themselves under an improper obligation. They should be guided by the general principle that they should either dispose of the interest giving rise to the actual or perceived conflict or take alternative steps to prevent it. In some cases, it may not be possible to devise a mechanism to avoid such a conflict of interest. In any such case, the Chief Minister must be consulted, and it may be necessary for the Minister to cease to hold ministerial office. The avoidance of conflict includes, but is not restricted to –

1. Gifts, hospitality, travel or any other perceived benefits, which should generally not be accepted, other than in so far as offence may be caused if refused, or where the gift may be appropriately displayed by a Department. Where accepted, items over £40 should be recorded in departmental gift registers.
2. The commencement of legal proceedings that do not relate to their ministerial  responsibilities,  considering  the  implications  for  their ministerial responsibilities.

18. Ministers  should  keep  their  ministerial  and  constituency  responsibilities separate. Ministers are free to make their views known about constituency matters,  to the  responsible  Minister,  by  correspondence  or  by  personal interview, provided they make clear that they are acting as their constituents'

representative  and  not  as  a  Minister.  Ministers  should  be  mindful  of  the principle of collective responsibility and should avoid public comment or action  that  is  contrary  to  the  policy  of  the  Council  of  Ministers,  unless collective responsibility is waived by the Chief Minister. Ministers must take particular care to avoid any conflict of interest if they have to take decisions which impact principally on the district or parish they represent, and should seek to arrange their responsibilities so as to avoid perceived conflicts of interest, for example by delegating those decisions where possible. Where a function has been delegated to an Assistant Minister, the same principles apply, and so an Assistant Minister should not make decisions that impact principally on the district or parish they represent, and instead their Minister should make any such decision.

19. Ministers and Assistant Ministers have a duty to give fair consideration and weight to the advice of officers; must uphold the political impartiality of officers and not ask them to act in a way which would conflict with their responsibilities and obligations; and should act with courtesy and respect at all times toward officers, recognising their obligations as a good employer, for example,  in promoting  an  environment  that  excludes  bullying  and discrimination and supports the open expression of views. In turn, officers have  a  duty  to show  the  same  consideration  to Ministers  and  Assistant Ministers, recognising the authority of the ministerial office.
20. Ministers and Assistant Ministers are personally responsible for deciding how to conduct themselves in the light of the Code and for justifying their actions and conduct to the Chief Minister, the States Assembly and the Public, and should inform the Chief Minister immediately of any possible breach of the Code.
21. The Chief Minister determines compliance with the Code and any associated actions, in the manner in outlined inAppendix 2.
22. During an election period (normally being between the nomination meetings and the election of the last Minister into office), Ministers retain executive responsibilities, and the essential business of government must be carried on. However, they should observe discretion in initiating any new action of a continuing  or  long-term  character;  and  decisions  on  matters  of  policy  on which a new Council or Minister might be expected to want the opportunity to take a different view should be postponed where possible, provided that such postponement  would  not  be  detrimental  to the  Island's  best  interests  or wasteful  of  resources.  Furthermore,  Ministers  should  apply  sensible restrictions  on the  publicity  they  issue in connection  with  their  role  as a Minister during this period. This all applies to Assistant Ministers in so far as the  principle  of  collective  responsibility  applies  to  them,  as  outlined  in paragraph 5.
23. Ministers and Assistant Ministers must only use information obtained in the course of their ministerial responsibilities, and the resources available to them from  Departments,  including  staff,  for  the  purposes  of  discharging  their ministerial responsibilities, and in accordance with relevant statutes, and not for any other reason, including other public offices, and return all information

and devices obtained in the course of their ministerial office on ceasing to hold that office.

24. The Law  Officers'  Department  should  be  consulted  in  good  time  on significant decisions involving legal and constitutional considerations.
25. Ministers and Assistant Ministers should avoiding providing direction in any individual  or  specific  enforcement,  compliance,  or  policing  investigation undertaken by their Departments, dealing only with matters of general policy.
26. If there is doubt on the part of a Minister or Assistant Minister about the application of this Code, or difficulty in applying the code, then they should approach the Chief Executive, who will provide or facilitate the provision of advice, or as they may wish, approach the Chief Minister.
27. The Code is not designed as a means of appealing administrative decisions, including those taken by a Minister or an Assistant Minister, other than in so far as the Minister's or Assistant Minister's personal conduct in undertaking those decisions is such that a breach of the Code is likely. Instead, appealing administrative  decisions  is a  matter  for  internal  departmental  appeals processes, the States of Jersey Complaints Board, and ultimately the courts.

APPENDIX 1 The Seven Principles of Public Life

Selflessness

Holders of public office should act solely in terms of the public interest.

They  should  not  do  so  in  order  to  gain  financial  or  other  material  benefits  for themselves, their family, or their friends.

Integrity

Holders of public office should not place themselves under any financial or other obligation to outside individuals or organisations that might seek to influence them in the performance of their official duties.

Objectivity

In  carrying  out  public  business,  including  making  public  appointments,  awarding contracts, or recommending individuals for rewards and benefits, holders of public office should make choices on merit.

Accountability

Holders of public office are accountable for their decisions and actions to the public and must submit themselves to whatever scrutiny is appropriate to their office.

Openness

Holders of public office should be as open as possible about all the decisions and actions  that  they  take.  They  should  give  reasons  for  their  decisions  and  restrict information only when the wider public interest clearly demands.

Honesty

Holders of public office have a duty to declare any private interests relating to their public duties and to take steps to resolve any conflicts arising in a way that protects the public interest.

Leadership

Holders of public office should promote and support these principles by leadership and example.

APPENDIX 2 Procedure in relation to alleged breaches of the Code

1. Save as the context otherwise requires, any reference to the Chief Minister shall, in the case of a complaint about the Chief Minister, be interpreted as a reference to the Deputy Chief Minister.
2. Any complaint against a Minister that there has been a breach of the Code must be made in writing.
3. The Chief Minister may decline to entertain a complaint which appears to the Chief Minister –

1. not to refer to a breach of the Code;
2. to be minor, frivolous or vexatious;
3. save in exceptional circumstances, to relate to a matter that occurred more than 12 months prior to the date of the complaint;
4. to relate to an action by the Minister of an administrative nature, or in discharge of that Minister's ministerial responsibilities, in respect of which an appropriate avenue of appeal under the Law governing such activities otherwise lies,

but, in all other cases he shall cause the complaint to be investigated.

4. The Chief Minister may of his own volition initiate an investigation into a potential breach of the Code where he suspects that a breach may have been committed.
5. The Chief Minister shall notify any Minister who is the subject of a complaint or investigation that a complaint has been made and/or investigation initiated into a potential breach of the Code. Such notification shall include an outline of the complaint made or an explanation for the decision by the Chief Minister to initiate an investigation.
6. The investigation shall be limited to the matters notified to the Minister, and no new matters will be added other than to the extent that the investigation identifies the existence of such matters, in which event the Chief Minister will notify the Minister concerned of the additional matters.
7. The Minister shall be afforded a period of 10 days to respond to the initial notification  and  to any  subsequent  notification.  The  Chief  Minister  may extend or shorten this period as shall be fair in all the circumstances, should they deem the matter so urgent, or should the ability of the Minister to respond be justifiably constrained. In responding, the Minister shall be afforded the opportunity to be heard in person by the Chief Minister.

8. In order to determine a complaint, the Chief Minister may, in any manner he deems  appropriate,  commission  an  investigation  to gather  facts  or  make findings of fact. Those carrying out the investigation should seek to ascertain the facts and report its findings of fact to the Chief Minister. Those findings may be made on the balance of probabilities.
9. The conclusions  of  any  investigation  and  any  report  underpinning  those conclusions  should  be  shown  to the  Minister  who  is the  subject  of  the complaint,  and  the  Minister  should  be  afforded  a  further  opportunity  to respond within such period as the Chief Minister shall determine. At this point, a Minister should also have the opportunity to be heard by the Chief Minister.
10. A decision as to whether or not a breach of the Code has taken place is for the Chief Minister, who shall also determine the appropriate sanction in the event that a breach of the Code has been found. In doing so, the Chief Minister may consult  with  the  Council  of  Ministers.  Any  decision,  together  with  any sanction, should be notified to the Minister in writing and, other than in exceptional  circumstances,  to States  Members  in advance  of  any  public announcement.
11. That  is,  save  as  otherwise  provided  for  within  this  Appendix,  the  Chief Minister shall  determine all  matters  of  procedure, including  the  extent  to which other Ministers and the Council of Ministers should be involved in the disciplinary process.

APPENDIX 3

RECORDING OF MINISTERIAL DECISIONS

GUIDELINES FOR MINISTERS AND DEPARTMENTS PUBLISHED BY THE CHIEF MINISTER'S DEPARTMENT

January 2015

RECORDING OF MINISTERIAL DECISIONS

1. Introduction

This  guide  provides  clarity  on  the  Ministerial  Decisions  process,  and  assists  in managing and recording Ministerial Decisions to ensure they are of an appropriate quality and produced when required.

2. Why record Ministerial Decisions?

Recording  Ministerial  Decisions  properly  and  accurately  is  vital  to  the  effective governance  of  the  States  of  Jersey.  Ministerial  Decisions,  properly  recorded,  are required to –

• Demonstrate that good governance and clear lines of accountability are in place. In particular, the separation of advice to Ministers, the actual process of decision-making, and the implementation of decisions.
• Provide  a  record  of  decisions  and  actions  that  will  be  available  for examination by Scrutiny Panels, States Members, the Public and the media.
• Provide a historical record and point of reference in the event that a decision should be challenged or form part of an investigation or legal challenge.
• Provide a record of the action needed to implement the decision (normally by the Department).

The  absence  of  a  properly  recorded  Ministerial  Decision  can  have  a  number  of consequences, not least exposure to criticism over decisions that are not formally recorded, lack of clarity over advice provided, decisions which may not be supported in law, and decisions which may not be in line with established practice, e.g. Standing Orders. The process for doing this must be robust to ensure the highest quality.

3. When will Ministerial Decisions need to be recorded?

A list of the type of Ministerial Decisions that should be recorded is set out below. This  is  not  a  comprehensive  list,  because  there  may  be  other  decisions  that  a Department feels should be recorded by way of a Ministerial Decision. For example, a decision that is regarded as significant should be recorded as a Ministerial Decision. What is "significant" will depend on the circumstances and require the judgement of officers and Ministers.

• A  decision  to  delegate  functions  to  an  Assistant  Minister  or  officer,  in accordance with Article 28 of the States of Jersey Law 2005 (this only relates to statutory functions, including the functions conferred on a Minister by the States of Jersey Law).
• A decision to grant consent or permission under statutory provision, unless delegated to an officer.

• The  making  of  an  Order  under  powers  conferred  upon  the  Minister  by legislation.
• A decision to approve a draft report and proposition, or other document, for submission  to  the  States,  e.g. a  comment  on  another  proposition,  unless presented and approved by the Council of Ministers.
• A  decision  to  bring  forward  changes  to  legislation,  whether  primary  or subordinate,  for  consideration  by  the  States  (and  subject  to  the  agreed prioritisation process in the States of Jersey Law), including decisions relating to drafting instructions.
• A decision to approve a Green or White Paper which must then be presented to the States, unless presented and approved by the Council of Ministers.
• A decision on a matter of policy that does not need to be referred to the Council of Ministers or the States, unless a minor matter.
• A  decision  to  approve  a  draft  budget  for  forwarding  to  the  Council  of Ministers and the States.
• A  decision  to  award  a contract  or  to  enter  into  an  equivalent  instrument creating a financial liability, unless such powers are delegated to an officer by a separate Ministerial Decision. Such a delegation should be put in place, up to a financial limit to be determined by each Minister, to secure effective administration. This is designed to ensure transparency as to the respective functions of Ministers and officers.
• A decision to nominate or appoint a person as a member of a trust, working party,  advisory  panel,  or  other  body.  (This  does  not  extend  to  internal ministerial policy advisory groups, in which case the approval of the Council of Ministers is sufficient to establish and constitute.)
• Decision  to  allocate  significant  resources,  in  particular,  financial  and manpower resources.

Ministerial Decisions will need to be recorded individually, on a decision template, and each template will need to be signed by the Minister, or if a function has been appropriately delegated, by an Assistant Minister, and by a senior officer.

As already noted, this list of Ministerial Decisions is not exhaustive and some issues may not be clear. In such instances, the advice and support of the States Greffe should be sought, reference should be made to this guide, or the advice of the Chief Executive sought. In doing this, it should be clear that the individual Department and Minister is responsible for adhering to this guidance and making decisions thereunder. If there is doubt as to whether or not a decision needs to be recorded, err on the side of caution and obtain a signed Ministerial Decision.

4. What overall governance arrangements are required?

While these guidelines for recording Ministerial Decisions set out the formal process, there  are  some  important  points  which  will  ensure  that  there  is  an  appropriate departmental  governance  arrangement  in  relation  to  the  separation  of  advice  to Ministers, the actual process of decision-making and the implementation of decisions.

This involves ensuring that appropriate arrangements are put in place for Ministers to receive advice, ensuring the right information is available to support the decision, ensuring decisions are within the legal and resource framework of the States, and ensuring that senior officers are aware of their responsibilities as part of the decision- making process.

Specifically, the following governance arrangements must be followed –

1. It is inappropriate for Ministers to take decisions without receiving advice from their officers. Where matters are particularly significant or controversial, that advice should, whenever possible, be reviewed by the Chief Officer.
2. A Minister must make it clear at the beginning of a meeting where no officer is present that no decisions can be taken at the meeting. In all but the most urgent of cases, the Minister should not be expected to make a decision on the spot. The Minister should be afforded the opportunity to reflect upon the matter and consider appropriate advice and evidence.
3. A Minister might indicate his or her intent verbally or by other means, but a decision  will  only  be  made  when  the  Ministerial  Decision  is signed  or, in extremis, agreed remotely and in writing, e.g. by e-mail.
4. The decision form must as far as possible be fully completed and supported by appropriate  information  and  a  trail  to relevant  documents,  such  that  the Ministerial Decision and supporting documentation can stand substantially on its own as record and rationale for the decision.
5. The officer  providing  advice  and/or  completing  the  decision  form  is accountable for the advice given. It should be complete and balanced and reflect the officer's best professional advice. Ministers, as the decision-takers, are free to take a different view and a contrary decision to the advice received. The Minister's reasoning should be recorded.
6. Officers will be expected to implement Ministerial Decisions regardless of the advice  given.  If,  however,  a  decision  were  to result  in an  illegal  act, contravene financial directions or create a significant risk to the States or the Island,  the  officer  should  refer  the  matter  to the  Chief  Officer  of  the Department or, if the officer is a Chief Officer, to the Chief Executive to the Council of Ministers. Those senior officers will be expected to discuss the matter with the Minister or the Council of Ministers in order to resolve it appropriately.
7. In the case of a decision which contravenes financial directions or would otherwise contravene the role of Accounting Officer, the Minister will have to issue a directive in the form a letter of instruction. In doing so, the Accounting

Officer  will  follow  the  rules  laid  out  for  such  matters  in  the  Financial Direction titled "Accounting Officers".

8. Chief  Officers  are  personally  responsible  for  ensuring  that  Ministers  are appropriately supported, and that all appropriate officers are fully aware of and trained to fulfil their responsibilities. This includes where the Minister takes a view that a Ministerial Decision is not required with reference to this guidance.
9. Ministers are personally responsible for ensuring that they follow the rules and guidelines to ensure that their actions are subject to sufficient governance, and that there is appropriate separation of advice and recording of decisions.
10. In order to ensure appropriate segregation of responsibilities, Ministers should whenever possible refrain from implementing their own decisions.

5. Process for recording of Ministerial Decisions

To  support  the  required  governance  arrangements,  the  process  as  outlined  in Appendix 1 has been established for the recording of Ministerial Decisions.

While there is no intention to constrain different ways of interacting with a particular Minister in differing circumstances, it is important that a core process is established which is followed by all departments. Some departments may wish to add to this process with additional stages and steps, but it is important that the core elements are followed  by  all  departments.  This  process  recognises  that  there  will  be  informal discussion with the Minister at various stages.

6. What are the main roles and responsibilities?

The  preparation  of  papers  and  Ministerial  Decisions  and  the  management  of  the interaction  with  the  Minister  is  the  responsibility  of  senior  officers  within  the Department. There are, however, a number of other roles which are set out below:

The Chief Minister's Department

The Chief Minister's Department is responsible for the overall process and ensuring the  provision  of  training  as  necessary,  and  that  all  appropriate  information  and guidance is provided to departments and Ministers about the process.

The States Greffe

The States Greffe is responsible for the Quality Assurance of Ministerial Decisions, as well as the formal recording and publishing of Decisions made.

The States Greffe must review all decisions before they are signed and indicate in comments in LiveLink if changes are considered to be necessary. The States Greffe will provide advice on matters relating to procedure, legislation, and exemptions from publishing, in so far as practicable, noting that it is the Department's responsibility to make these assessments, seeking legal advice as needed.

Departments

Departments are responsible for bringing to the attention of their Ministers matters that require a Ministerial Decision under this guidance.

Departments are responsible for ensuring that the process for decisions taken by their Minister  is  appropriate  and  the  outcome  is  properly  recorded,  which  includes complying with this guidance. This includes –

• ensuring interaction with the Minister is appropriate
• ensuring documentation provided to the Minister is complete
• preparing the Ministerial Decision template to the desired standard
• ensuring the right level of internal' Quality Assurance takes place
• ensuring the Ministerial Decision is processed correctly and signed at the correct time
• and,  when  making  Decisions  in  relation  to  Standing  Orders  and  other legislation,  and  exemptions  from  the  requirement  to  publish  under  the Freedom of Information (Jersey) Law 2011, seeking legal advice as needed, and noting any advice provided by the States Greffe in the course of their Quality Assurance.

Ministers

The duty of Ministers is to ensure that they are aware of what they are signing and are happy with the supporting documents. Ministers have a duty to the States to account, and be held to account, for the policies, decisions and actions of their Department and agencies for which their Department has responsibility. It is the duty of Ministers to remember that, ultimately, any decision they sign rests with them and it is their responsibility to answer for it and defend it.

In noting these respective responsibilities, it should nevertheless be recognised that the conduct  of  the  business  of  government  is  often  complex,  and  where  roles  and responsibilities are not discharged in accordance with this guidance, that the earliest correction is needed and an appropriate investigation should be undertaken.

7. When should items be exempt?

The accessibility of the item is directed by the Freedom of Information (Jersey) Law 2011, and reference should be had to the exemptions in the Law when processing a Ministerial Decision.

8. Legal issues

Legal advice should not be referred to as part of the Decision, nor should there be a reference to it which could lead to a Freedom of Information request. This is to protect legal  privilege  and  to  ensure  the  confidentiality  of  communications  between  the

Minister and the Law Officers consistently with the decision of the States on 12th March 2008 in relation to P.198/2007.

There is no reason, however, why the Ministerial Decision should not state what the Law is, if that is the material factor which led to it being made. It is suggested that there is discussion with the Law Officers if it is thought that a statement of the Law will be included in the formal Decision.

9. Storage of Ministerial Decisions

The States Greffe acts as record-keeper for the States of Jersey, so offers support to departments in the storage of Ministerial Decisions. However, it must be noted that the responsibility for maintaining a robust record of Ministerial Decisions ultimately rests with individual departments.

10. Training

Each new Council of Ministers, and any new Ministers appointed during the term of the Council, will receive an induction/refresher session in this guidance.

The Chief Minister's Department will also ensure that the guidance has a prominent location on the Intranet, and is circulated periodically to Chief Officers and Senior Managers, and in particular at the start of each term of the Council of Ministers.

The Chief Minister's Department will allocate responsibility for the above tasks to a senior officer, whose responsibilities include the above, as well as liaising with the States Greffe to identify any concerns that may give rise to further general or targeted training, or reminders, or other remedial action; for example, a further updating of this guidance. Any departmental officer with responsibilities for Ministerial Decisions, and the States Greffe, or individual Ministers, may contact this individual through the Chief Executive.