Commissioner for Standards – revised statement.

STATES OF JERSEY

COMMISSIONER FOR STANDARDS – REVISED STATEMENT

Presented to the States on 2nd June 2023 by the Privileges and Procedures Committee

STATES GREFFE

2023  R.93

REPORT

In accordance with the provisions of the Commissioner for Standards (Jersey) Law 2017, the Privileges and Procedures Committee is required to present the Commissioner for Standards' statement to the States Assembly. The statement sets out the manner in which the Commissioner proposes to discharge her functions under the Law. The statement can be found in appendix 1.

This  is  a  revised  statement  produced  by  the  Commissioner  for  Standards  which supersedes the version published as R.49/2023 on 4th April 2023. The Commissioner for Standards decided that it was sensible for both the States Members Code and Ministerial Code to be provided for in the same document.

Commissioner for Standards Statement  

1. The "Code" in this statement refers to the Code of Conduct for Elected Members (Appendix 1) and the Code of Conduct and Practice for Ministers and Assistant Ministers  (Appendix  2).  The  Commissioner  for  Standards  investigates complaints  of  alleged  breaches  of  the  Code.  The  Commissioner  considers complaints made by third parties and can also initiate her own investigation if she believes that, at a relevant time, a breach the Code may have occurred. A Member, Minister or Assistant Minister can also request that their own behaviour is investigated by the Commissioner to establish whether there has been a breach the Code.

Complaints

2. Whether the complainant is a member of the public or a Member of the States, they may wish to consider whether it might first be useful, if appropriate, to try to resolve their complaint informally.
3. Any complaint alleging that a Member of the States, a Minister or Assistant Minister  has  breached  their  relevant  Code must  be  made  in  writing  to  the Commissioner via one of the following means:

Email: commissionerforstandards@gov.je

Website: TBC Postal Address:

Pan-Island Commissioner for Standards, Channel Islands c/o States Greffe Morier House

Halkett Place

St Helier

Jersey

JE1 1DD

4. In order for a complaint to be considered it should:

1. be made in writing;
2. state the name of the complainant;

3. state the email, telephone and postal address of the complainant (unless the complainant is a current Member, Minister or Assistant Minister);
4. name the person who is the subject of the complaint;
5. state the acts or omissions of the Member, Minister or Assistant Minister complained of which are alleged to have breached the Code;
6. state the relevant provision or provisions of the Code which each act or omission is alleged to have breached;
7. in relation to each act or omission complained of, be substantiated by sufficient evidence to satisfy the Commissioner that there is a prima facie case that a breach of the Code has occurred and that the complaint is not frivolous or vexatious or otherwise an abuse of the complaints process;
8. refer to an alleged breach of the Code which occurred on or after 24 July 2016 in accordance with Section 9(2) of the Commissioner for Standards (Jersey) Law 2017; and
9. relate to alleged conduct which falls within the scope of the relevant Code

5. The Commissioner has the discretion to consider a complaint even where one or more of the above criteria haven't been met.

Preliminary Assessment

6. The Commissioner will conduct a preliminary assessment of all complaints. The Commissioner cannot consider complaints that fall outside the scope of the Code(s) or complaints which she deems frivolous or vexatious. She will not consider complaints that substantially repeat allegations which have already been the subject of consideration (unless there is fresh evidence in their support).
7. The Commissioner will not, without good reason, consider either anonymous complaints or complaints where the complainant is not prepared to have their name and complaint disclosed to the Member, Minister or Assistant Minister complained  about.  The  complainant's  details  will  be  included  in  all correspondence including any report submitted to the Privileges and Procedures Committee  ("the  PPC")  with  the  exception  of  complaints  that  relate  to unacceptable behaviours (see para 10).
8. Matters falling within the Commissioner's remit include:

1. failure to adhere to the requirements of the Code(s);
2. failure to register relevant interests (see Appendix 3);
3. failure to declare relevant interests in the course of parliamentary business including committee and scrutiny panel proceedings; and
4. unacceptable behaviour including bullying, harassment, sexual harassment and victimisation

9. Matters not falling within the Commissioner's remit include:

1. policy matters or a member's political views or opinions;
2. service or performance standards or outcomes received;
3. a complaint from a person who is not a Member of the States, Minister or Assistant Minister regarding words spoken by, or actions of, an elected Member, Minister or Assistant Minister during a meeting of the States;
4. a complaint about a former Member of the States, Minister or Assistant Minister.

Complaints Relating to Unacceptable Behaviour

10. The Commissioner will consider complaints relating to unacceptable behaviour including  bullying,  harassment,  sexual  harassment,  intimidation  and victimisation. Complaints relating to unacceptable behaviour fall within the scope of paragraph 5 of the Code of Conduct for Elected Members (Appendix 1) and paragraphs 1 to 3 of the Code of Conduct and Practice for Ministers and Assistant Ministers (Appendix 2)
11. Unacceptable behaviour can be defined as "Any form of unwanted, unreasonable and offensive conduct that has the purpose or effect of violating a person's dignity and  creating  an  intimidating,  hostile,  degrading,  humiliating  or  offensive environment. Conduct shall be regarded as having this effect only if, having regard to all circumstances and in particular the complainant's perception, it should reasonably be considered as having that effect.
12. Complaints relating to bullying, harassment, sexual harassment, intimidation and victimisation are intended to address such behaviour or conduct whether it occurs in person or remotely, for example by email, phone, text or through social media. Such behaviour or conduct may occur in a single and isolated serious incident or in multiple incidents occurring over a period of time.
13. Members, Ministers and Assistant Ministers have a right to freedom of expression and this includes disagreements on issues and policy which are a normal part of the political process.
14. Due to the sensitive nature of complaints relating to unacceptable behaviour, the Commissioner will not normally disclose the complainant's name and details in the final report relating to any such investigation.
15. The Commissioner encourages anyone who feels they are being or have been subject to unacceptable behaviour to consider the use of the informal approach to resolve their complaint in the first instance. However, this is not a requirement prior to submitting a formal complaint.

Discontinuation of a Complaint

16. The Commissioner may discontinue consideration of a complaint if at any time she is satisfied that:

1. the  complaint  is frivolous  or  vexatious  or  otherwise an  abuse of  the complaints process;
2. the complainant has, without reasonable excuse, failed to co-operate with the Commissioner;
3. the  alleged  conduct  is  not  sufficiently  serious  to  justify  further consideration;
4. the complainant no longer wishes to bring the complaint;
5. the complaint would more appropriately be investigated by the police or other public body;
6. it is not in the public interest to proceed with the consideration of the complaint; or
7. any Member, Minister or Assistant Minister in respect of whom she is considering a complaint, no longer holds office as a Member of the States.

Investigation: Procedural Safeguards

17. The Commissioner determines the procedure and timing of any investigation.
18. The Commissioner will make arrangements to facilitate any complainant who is not able to submit their complaint in writing, for example due to disability or language difficulties.
19. Confidentiality is vital for all of those involved in a complaints process. In addition to the person raising a complaint, this is equally important for the person against  whom  an  allegation  of  any  sort  has  been  made.  Elected  Members, Ministers and Assistant Ministers as public figures, are likely to be concerned that an allegation might be repeated in public and attributed to them, when the matter remains under investigation and has not been upheld. Therefore, in the interests of fairness for all involved, any complaint submitted to the Commissioner must remain private and confidential from the point of submission until the complaint has been finally determined, unless disclosure is authorised (for example if a Member is the complainant and needs to declare an interest such as the fact of a complaint submitted to the Commissioner).
20. Information collated in relation to complaints will be held and managed in accordance with the Data Protection Act 2018 and Data Protection principles.
21. The police and other agencies investigate allegations of criminal misconduct and the Commissioner will not investigate any related allegation of a breach of the
22. Code while the agency is conducting its own investigation. The same suspension of investigation applies while related proceedings (for instance any action for defamation) are before a court of law.
23. Where during an investigation the Commissioner decides that the conduct of a Member of the States, Minister or Assistant Minister should be investigated by

the police or other public body or agency, the Commissioner may liaise with the police or such other public body or agency as they deem appropriate.

24. In investigating and adjudicating allegations of non-compliance with the Code, the Commissioner shall act in accordance with the principles of natural justice and fairness.
25. Proceedings are not adversarial, but inquisitorial in nature. The Commissioner is an independent and impartial investigator appointed by the States, whose task is to establish the facts of a case. She reports these, along with her conclusions as to whether or not there has been a breach of the Code and her recommendations, to the PPC.
26. The Commissioner's conclusions and recommendations are not binding on the PPC.
27. The Member, Minister or Assistant Minister has no statutory right of appeal from the Commissioner. The complainant has no statutory right of appeal.
28. Members, Ministers and Assistant Ministers are expected to co-operate with any investigation into their conduct; requested written evidence must be in their own name  and  letters  sent  on  their  behalf  by  legal  advisers  or  others  will  be disregarded. Members, Ministers and Assistant Ministers may be accompanied to any meeting or interview by a colleague, friend or legal adviser. However, every effort is made to keep proceedings informal and there is no expectation that they should be so accompanied. If a Member, Minister or Assistant Minister chooses to bring a colleague, friend or adviser, they are free to consult him or her off the record but will be expected to answer for themselves (and not through the friend or adviser) any questions put to them.
29. The complainant has no formal locus once an investigation is under way and has no right to be called as a witness. The complainant is expected to co-operate with any investigation and to answer any questions and supply all evidence in his or her possession when asked to do so.

Members, Ministers and Assistant Ministers accused of misconduct have no entitlement to cross-examine complainants, though they are given an opportunity to review and, if they so wish, challenge the factual basis of any evidence supplied by complainants or others.

The civil standard of proof is adopted at all stages in the investigation process by both the Commissioner  and the PPC. Therefore, in order to find against a Member, Minister or Assistant Minister, the Commissioner needs to be satisfied that the allegation is proven on the balance of probabilities.

Confidentiality

30. From the point that the Commissioner receives a complaint, all evidence and correspondence relating directly to the inquiry must remain confidential unless and until it is published by the PPC.

Investigations: General Procedure

31. On receipt of a complaint, the Commissioner will write to the complainant at the earliest  opportunity  to  acknowledge  receipt  of  their  complaint.  The Commissioner will inform the Member, Minister or Assistant Minister concerned of the complaint and provide a copy of the complaint and any evidence offered in support of it. She will set out the particular provisions of the Code that appear, either on the basis of the complaint or her preliminary assessment of the facts, to have been breached, and at the same time will invite the Member, Minister or Assistant Minister to respond in writing with a full and accurate account of the matters in question.
32. Following her preliminary assessment, the Commissioner will inform both the complainant and the Member, Minister or Assistant Minister concerned whether or not she will investigate the complaint. If she has decided that the complaint does not merit investigation, she will provide the complainant and the Member, Minister or Assistant Minister concerned with a brief explanation of her reason(s) for dismissing the complaint.
33. Alternatively, the Commissioner may decide to agree remedial action with the Member, Minister or Assistant Minister. Remedial action may be agreed if the complaint, though justified, is minor and is acknowledged by the Member, Minister or Assistant Minister concerned. Remedial action involves "putting the record straight", for instance by making an amendment to the Register of Interests of Elected Members. The Member, Minister or Assistant Minister will normally be expected to make a formal apology, either in writing or by means of a formal statement to the States. If the Commissioner and Member, Minister or Assistant Minister agree remedial action, the Commissioner will report the matter and remedial action direct to the PPC. The Commissioner will inform the complainant of the action taken in response to the complaint.
34. If remedial action is not considered appropriate by the Commissioner in the circumstances, and the Member's, Minister's or Assistant Minister's written response is not sufficient to enable the Commissioner either to dismiss the complaint  or  agree  remedial  action,  the  Commissioner  may  pursue  an investigation. This  can  include seeking  further  information,  either  from the Member,  Minister  or  Assistant  Minister  concerned  or  others,  including  the original complainant, third parties, or public or private bodies. Such information may be sought in writing or the Commissioner may decide to interview witnesses either informally or by means of formal oral evidence. The Commissioner holds her meetings with witnesses in private. In the case of informal interviews, a note will be made of the meeting and all parties will subsequently be asked to confirm its accuracy. In the case of formal oral evidence, a recording and full transcript will normally be made. The PPC decides to what extent the evidence is published.
35. The Commissioner has the power as per Part 4 Paragraph 13 of the Commissioner for Standards (Jersey) Law 2017 to summons people to appear and to provide records.

36. Part 4, Paragraphs 14, 15, and 16 of the Commissioner for Standards (Jersey) Law 2017 set out the criminal offences and related penalties arising from any failure to assist the Commissioner in the discharge of her functions. In particular, it should be noted that any person who, without reasonable excuse, refuses to comply with a requirement of the Commissioner, or gives false or misleading information  to  the  Commissioner  or  otherwise interferes  with  witnesses,  or obstructs the Commissioner or destroys documents, is liable to prosecution.
37. Section 17 sets out the relevant personal and professional privilege protections which apply.

Assessing the evidence

38. If the Commissioner's investigation has uncovered material evidence that is at variance with the Member's, Minister's or Assistant Minister's version of events, she will put this to the Member, Minister or Assistant Minister, who will have the chance to challenge it. Before finalising her report, the Commissioner will share with the Member, Minister or Assistant Minister a draft of her findings of fact and provide the member an opportunity to comment. The Commissioner may also share with the complainant a draft of her findings of fact on a confidential basis, where the Commissioner considers it is appropriate in the circumstances to do so.
39. If,  having  considered  the  Member's,  Minister's  or  Assistant  Minister's comments, the Commissioner considers that there remain significant contested issues of fact, she will prepare her own account of the facts of the case, while drawing the attention of the PPC to those points which are contested.
40. The Commissioner reports her findings to the PPC in the following form:

1. summary of the initial complaint and of the relevant elements of the Code;
2. brief account of the key facts in the case, with reference to evidence as appropriate, and with any contested points of fact highlighted;
3. her findings with reasons as to whether or not the Code has been breached and any relevant evidence, written and oral;
4. a recommendation as to what action, if any, should be taken

18th May 2023

Dr Melissa McCullough

Pan-Island Commissioner for Standards

Appendix 1: Code of Conduct for Elected Members

Appendix 2: Code of Conduct and Practice for Ministers and Assistant Ministers (R.140/2022)

STATES OF JERSEY

CODE OF CONDUCT AND PRACTICE FOR MINISTERS AND ASSISTANT MINISTERS

Presented to the States on 12th October 2022 by the Council of Ministers

STATES GREFFE

R.140/2022

INTRODUCTION

On 11th October 2022, the Council of Ministers adopted the following Codes of Conduct and Practice, in accordance with Article 18(3A)(b) of the States of Jersey Law 2005.

CODE OF CONDUCT

1. The Seven Principles of Public Life

Ministers and Assistant Ministers must always uphold the highest standards of propriety through compliance with the Code of Conduct for Elected Members and through observance of the "Seven Principles of Public Life" (selflessness, integrity, objectivity, accountability, openness, honesty, leadership) as outlined at section 3 of the Code of Conduct for Elected Members.1

2. Values of the Public Service

Ministers and Assistant Ministers will promote and observe the values of the public service, as adopted by the States Employment Board, in consultation with the Council of Ministers, demonstrating that all those in public service share the same core values and behaviours.2

3. Working relationships

Ministers and Assistant Ministers should act professionally at all times when working in an official capacity. They should treat all those with whom they come into contact with consideration, courtesy, and respect, ensuring that their working relationships are proper and appropriate. They should promote an environment that excludes bullying and discrimination and supports the open expression of views by everyone they work with.

Ministers and Assistant Ministers have a duty to give fair consideration and weight to the advice of officers, upholding their political impartiality and not asking them to act in a way which would conflict with their responsibilities or obligations3. In turn, officers have a duty to show the same consideration to Ministers and Assistant Ministers, recognising the authority of the ministerial office. The Chief Minister, with the support of the Chief Executive, will put in place arrangements to support Ministers and Assistant Ministers in the promotion of positive working relationships on an ongoing basis.

4. Avoiding Conflict of Interest

Ministers and Assistant Ministers must identify and actively address any actual or perceived conflict of interest between their ministerial responsibilities and their private interests, or any other public role they hold, including their role as a constituency representative, ensuring that any conflict does not compromise their judgement, the conduct of government, or place themselves under an improper obligation.

1 Members code of conduct.pdf (gov.je)

2 https://www.gov.je/Working/WorkingForTheStates/pages/codeofconduct.aspx. As of September 2022: The Public Sector values are: "We are respectful; We are better together; We are always improving; We are customer focused; We deliver"

3 See above.

Where a conflict or perceived conflict relates to the Minister's portfolio, the Minister or Assistant Ministers should be guided by the general principle that they should either dispose of the interest giving rise to the conflict, or take alternative steps to manage the conflict, which can include transferring a ministerial responsibility to another Minister, or in relation to a more minor matter, a delegation to an Assistant Minister. In some cases, it may not be possible to devise a mechanism to avoid such an actual or perceived conflict of interest, for example, due to the significance and nature of the conflict, and in any such case, the Chief Minister must be consulted, and it may be necessary for the Minister to cease to hold ministerial office.

Where the conflict relates to a matter outside of a Minister's area of responsibility, but the Minister or Assistant Minister is part of a wider discussion at the Council of Ministers, or in other ministerial meetings, they should declare this at the earliest opportunity, the declaration should be recorded, and the Minister or Assistant Minister would generally be asked to recuse themselves from any discussions.

In considering the above, the extent of the conflict, whether it is a conflict generally held by many people, and how direct or substantial it is to the interests of the Minister or Assistant Minister, should be considered.

A perceived conflict of interest should generally be treated as seriously as an actual conflict, and Ministers are expected to err on the side of caution in the wider interests of the government and maintaining public confidence.

5. Ministerial Responsibilities and Constituency Matters

Ministers should ensure that the decisions they take as Ministers are separate from activities they undertake as elected representatives of an individual district or parish on behalf of parishioners and constituents. 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. In acting for constituents, Ministers should also be mindful of the policy positions of their ministerial colleagues and the Council, acting professionally and proportionately. 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.

6. Individual investigations

Ministers and Assistant Ministers should avoid providing direction in any individual or specific  enforcement,  compliance,  or  policing  investigation  undertaken  by  their Departments, dealing only with matters of general policy, except where required to do so by virtue of their statutory obligations or other obligations imposed on them by their office.

A similar approach should be adopted in relation to staffing and employment concerns and investigations. While the Minister is ultimately accountable for policy and the delivery of services in their areas of responsibility, employment matters are reserved for

the States Employment Board and its delegates. Accordingly, where a Minister is concerned about the performance or conduct of an individual employee, they should refer the matter to the relevant Director General, or otherwise the Chief Executive Officer, or the Chair of the States Employment Board, as they feel most appropriate.

7. Gifts and Hospitality

Gifts should generally not be accepted other than in so far as undue offence may be caused if refused, or where it may be appropriately displayed by a department or in a public space; and hospitality, travel or any other perceived benefits that result in the creation or perception of an obligation, or that otherwise impinge on the impartiality of decision-making, should be refused.

Ministers and Assistant Ministers must register with the States Greffe the acceptance, offer or giving of gifts, hospitality, and other benefits connected with ministerial office in accordance the Standing Orders of the States of Jersey, erring on the side of caution if in doubt.4

8. Private Legal Proceedings

Ministers and Assistant Ministers should be mindful of commencing private legal proceedings, and the consequences of any actions taken against them, considering the implications for their ministerial role, including whether the action may have a negative impact on public confidence in the bearing and conduct of government, consulting with the Chief Minister and considering whether they need to cease to hold ministerial office.

9. Safeguarding and vetting

Ministers and Assistant Ministers, by virtue of their position and duties, routinely meet Islanders,  including  vulnerable  members  of  the  community.  They  should  be accompanied by officers wherever possible when on official business, and where practical, meet in a formal environment or facility to manage any safeguarding risks. As an  appropriate  additional  safeguarding  measure,  and  to  provide  public  assurance, Ministers and Assistant Ministers should also undergo a criminal record check upon appointment  (further  to  the  declaration  of  past  convictions  made  prior  to  their nomination for election) to a level consistent with professional guidelines.5

CODE OF PRACTICE

10. Accounting to the Assembly

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.

11. Prioritising Assembly business

Ministers should place the highest priority possible on participating in the business of the States Assembly generally.

12. Council of Ministers' responsibilities

4 Standing Orders of the States of Jersey (gov.je)

5 Guidance from the Disclosure and Barring Service: Disclosure and Barring (proceduresonline.com)

The Council has responsibility for the development and presentation of a Common Strategic Policy, Government Plan, and the prioritisation of legislative proposals across the ministerial portfolios. The Council is also responsible for discussing and agreeing their common policies regarding external relations and population. The Council should keep  these  matters  under  review  by  considering  reports  on  progress,  including prioritising initiatives within any single calendar year.

13. Membership of the Council of Ministers

The Council comprises the Chief Minister and Ministers, and is chaired by the Chief Minister, and in their absence, 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 should attend for agenda items where they have delegated responsibilities. Six Ministers, including their Assistant Minister in their absence, shall comprise a quorum of the Council of Ministers. The Chair may invite other persons to attend Council meetings to inform and support the conduct of business. This includes inviting officers in relation to relevant agenda items, and as a matter of normal practice, standing invites exist for the Assistant Ministers to the Chief Minister; the Chairman of the Comité des Connétable s; the Chief Executive; H.M. Attorney General; and the Greffier of the States.

14. Bringing matters to the Council of Ministers

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 should do so in relation to matters of higher importance, 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 it to the Council. It is the responsibility of the proposing Minister to ensure that a matter is brought before the Council.

15. Developing policy

It is the responsibility of the proposing Minister to discuss a matter they are bringing to Council with other relevant Ministers in advance of the Council meeting. In doing this, they should attempt to resolve any policy differences before the matter is considered by the Council. This should be done within an overall context of working collaboratively, inclusively, and transparently, and where appropriate, within sub-groups of the Council of Ministers established by the Council or the Chief Minister to provide an in-depth forum for joined-up policy development and political oversight and coordination.

16. Consensus decision-making

Ministers are expected to work together as a cohesive and effective team, supporting their ministerial colleagues. The Council of Ministers will seek to reach decisions by consensus based on robust debate and constructive challenge, which will be recorded in the minutes, following which Ministers should coalesce around a coherent public position.

This supports professional government and the clear communication and delivery of policy. This also applies to the Assistant Ministers of the Minister who has responsibility for a policy, or a significant element of that policy.

As deemed necessary and appropriate, the Chief Minister may depart from this approach and indicate that individual ministers may adopt alternative positions to those agreed by the Council of Ministers. This includes respecting matters of conscience, or issues where a Minister has made a published manifesto commitment.

17. Council of Ministers' Directions

The Council may 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, in accordance with Article 18(3B) of the States of Jersey Law 2005. 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.

18. Preparing for Council of Ministers

It is the responsibility of all Ministers to ensure that they are suitably prepared for a meeting of the Council of Ministers, reading papers, and seeking points of clarification in advance to help expedite discussions at the Council of Minister's meeting. If a Minister  considers  that  they  are  inadequately  briefed  on  any  matters  due  for consideration, they should raise the matter with an appropriate senior official or their Private Secretary.

19. Administrative Arrangements for the Council of Ministers

The meetings of the Council will be supported by staff of the Ministerial Office, recorded by the States Greffe, and papers maintained, shared, and retained in accordance with prevailing practises, including retention schedules. The agenda and papers will be distributed at least 48 hours before the meeting. Agendas will also be circulated to the media,  and  confidentially  provided  to  Scrutiny  Panels,  along  with  papers  and presentations considered and any minutes requested.

While discussions at the Council of Ministers are generally confidential to support frank and effective debate, the Chief Minister will ensure that wherever practical a record is maintained in the publicly available "A agenda minutes to increase the volume of publicly available information.

Meetings will generally not be longer than half a day, and where they are, appropriate breaks will be included.

The overall aim is to provide an environment where business can be conducted in a professional and expeditious manner consistent with the principles of good governance, delivering high-quality discussion and debate focused on the scheduled business.

20. Assistant Ministers

Ministers may, with the consent of the Chief Minister, appoint one or more Assistant Ministers, to assist them in discharging their responsibilities.[6] This includes being able to delegate to Assistant Ministers a substantial portfolio of responsibilities.

The Assistant Minister may also be asked to present items in the Assembly and be asked questions in the Assembly. As they do this, Assistant Ministers are expected to confer with, and account to, their Minister - ensuring alignment on policy and delivery.

Equally, Ministers should endeavour to regularly meet with their Assistant Minister to discuss matters within their portfolio, ensuring that Assistant Ministers are able to play a constructive role in the development of policy, particularly where those matters are due to be referred to the Council of Ministers. In all circumstances, the Minister remains both legally responsible and ultimately accountable for the decisions of their Assistant Minister.

This supports government in delivering a wide programme of work, while maintaining proper lines of accountability to elected Ministers and the Assembly.

21. Ministerial Decisions

Ministerial Decisions should be properly and accurately recorded in compliance with the "Ministerial Decisions Guidelines" issued by the Chief Minister. In doing this, Ministers and Assistant Ministers should only sign a decision once they satisfied as to its content, having been briefed, and being clear on the powers they are exercising. Ministers and Assistant Ministers have a responsibility to answer for and explain their decisions.

22. Announcements

Before making an announcement with a consequence for the image and reputation of the executive, other than on minor matters, and however so made and by whatever media or means, Ministers and Assistant Ministers shall adopt a no surprises' approach for colleagues, and consider whether it raises issues which fall under the functions of the Council and, if so, wherever practical bring the matter to the Council prior to any publication. In any event, all Ministerial announcements, including social media posts, should be approved, via their Private Secretaries, by the responsible Minister or Assistant Minister, save where they have provided consent to an officer(s) to comment on technical matters, and 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. Announcements should always be attributed to a named individual.

When the States Assembly is in Session, the most important announcements should be made in the first instance in the Assembly, and in any event, Ministers should seek to ensure that States Members are notified in advance of the media.

23. Engaging with Scrutiny

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.

24. Ministerial Portfolios

The Chief Minister is responsible for the allocation of responsibilities between Ministers, 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 her 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 ensure that the Council and the States Assembly are informed of any such decisions, including complying with the requirements of the States of Jersey Law 2005 to publish a full list of ministerial responsibilities.

25. Private Members' Propositions

Ministers may bring propositions to the Assembly in their capacity as private Members, but should provide opportunity for the responsible Minister or the Council to consider the matter first, so they can consider whether they wish to adopt the policy themselves, and in any case, they should provide due notification to ministerial colleagues.

26. Election periods

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 areas for which their Minister is responsible.

27. Use of information for official purposes

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 constituency functions. They must also return all information and devices obtained in the course of their ministerial office on ceasing to hold that office.

28. Consultation with Law Officers

The Law Officers' Department should be consulted in good time on significant decisions involving legal or constitutional considerations, and the existence and content of the advice of Law Officers will not be confirmed or denied in accordance with the Attorney General's privilege which is attached to any advice.

29. Exclusion of administrative decisions

The Code is not designed as a mechanism to appeal or review administrative decisions, including those taken by a Minister or an Assistant Minister. If it is alleged that in making a decision a Minister or an Assistant Minister has breached this Code, then that alleged breach may be investigated in accordance with this Code.

30. Exclusion of administrative decisions

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  to  have  occurred.  Instead,  appealing  administrative decisions is a matter for internal departmental appeals or statutory processes, any other mechanisms of administrative appeal or redress, and ultimately the courts.

31. Travel and Expenses

Ministers and Assistant Ministers have a duty to use scarce public resources with care and due attention, and must be satisfied that the arrangements they make for travel, and the expenses they claim, can reasonably be justified in public as being efficient and cost- effective, and required for and relating to their ministerial office. Ministers and Assistant Ministers should also be mindful of any personal benefits associated with travelling, and declare any such matters in accordance with section 6 above or refund the equivalent value. They may also be asked to repay an expense personally, or to issue an internal note that the Public should pay the expense if they believe that is appropriate (a copy of which shall be provided to the Chief Minister and Chief Executive). Ministers and Assistant Ministers should also seek to incur costs as part of an advance booking wherever possible and practical in the circumstances, using corporate arrangements. Expenses will also be published periodically, delivering transparency and enabling costs to be independently scrutinised.

COMMON PROVISIONS APPLICABLE TO BOTH THE CODE OF CONDUCT AND PRACTICE

32. Advice on compliance

If there is doubt on the part of a Minister or Assistant Minister about the application of the Codes, or difficulty in applying the Codes, then they should approach their Private Secretary or the Chief Executive, who will provide or facilitate the provision of advice, or as they may wish, approach the Chief Minister.

33. Personal responsibility for compliance

Ministers and Assistant Ministers are personally responsible for deciding how to conduct themselves in the light of the Codes and for justifying their actions and conduct to the Chief Minister, the States Assembly and the Public, and should inform the Chief Minister and Commissioner for Standards immediately of any possible breach of the Codes.

34. Code Compliance Procedures

The Commissioner for Standards is responsible for investigating complaints of alleged breaches and reporting the outcomes to the Privileges and Procedures Committee. The Committee and the Chief Minister will then each determine any action to be taken in respect of breaches of the codes.

As part of delivering a constructive and professional working environment, and as an intermediate and initial step without prejudicing the ability to refer a matter to the Commissioner for Standards, concerns may also be raised with the Chief Minister, and the Chief Minister shall ask another Minister or Assistant Minister, supported by an officer from the Ministerial Office, to review the matter and make recommendations to the Chief Minister.

35. Support and further guidance

The Chief Minister, with the support of the Chief Executive and the Ministerial Office, shall establish any required internal procedures and processes to support compliance with the Code.

From time to time, the Chief Minister, in consultation with the Council of Ministers, may also issue supplementary guidance to support the interpretation and implementation of the above provisions, including in advance of an election.

Appendix 3: Register of Interests of Elected Members