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Machinery of Government PPC Sub-Committee - Minutes of 17 January 2025

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Privileges and Procedures Committee Machinery of Government Sub-Committee (12th Meeting)

17th January 2025

Part A (Non-Exempt)

All members were present.

Deputy T.A. Coles of St. Helier South , Chair

Connétable K. Shenton-Stone of St. Martin

Deputy R.L. Kovacs of St. Saviour

Deputy M.R. Scott of St. Brelade (item Nos. A2-A6)

Deputy H.L. Jeune of St. John , St. Lawrence and Trinity (item Nos. A2-A6)

In attendance –

Y. Fillieul , Assistant Greffier of the States, Chamber and Members' Support

C. Tucker, Assistant Secretariat Officer, Specialist Secretariat, States Greffe

E. Patterson, Assistant  Secretariat Officer, Specialist Secretariat, States Greffe

  Note:  The Minutes of this meeting comprise Part A only.

Minutes.  A1. The Minutes of the meeting held on 22nd November 2024, having previously

been circulated, were taken as read and were confirmed.

Privileges and  A2. The following Part A Minutes of meetings of the Privileges and Procedures Procedures  Committee were noted -

Committee

Minutes.  11th November 2024

9th December 2024; and,

17th December 2024

Work  A3. The Sub-Committee, with reference to its Minute No. A2 of 22nd November Programme.  2024, considered its ongoing work programme.

It was noted that amendments to Standing Orders 113 and 115 had been adopted by the States Assembly on 11th December 2024.

The Sub-Committee recognised the need to prioritise certain matters ahead of the 2026 election. The Executive Officer undertook to add a column to the work programme  document  to  identify  which  items  will  or  may  require  legislative changes.

Ministerial Job  A4. The Sub-Committee, with reference to its Minute No. A3 of 22nd November Descriptions.  2024, received and noted correspondence, dated 20th December 2024, addressed to

Deputy T.A. Coles of St. Helier South , Chair, from Deputy L.J. Farnham of St. Mary , St. Ouen and St. Peter , Chief Minister, in connexion with the implementation of Ministerial Job Descriptions.

The Sub-Committee recalled that it had undertaken a review of Ministerial job descriptions, as outlined in the Report entitled States of Jersey Law 2003: Article 30A – Ministerial Responsibilities' (the Report) (R.10/2023 refers), which had been presented by Deputy K.L. Moore of St. Mary , St. Ouen and St. Peter , former Chief Minister on 27th January 2023. The review had concluded that greater detail with regard to statutory responsibilities and duties was required. Deputy Coles had written to the current Chief Minister advising him of the outcome of the Sub- Committee's review and seeking clarification as to whether it was intended to present an updated report in response to the same.

 It was noted that, in his response, the Chief Minister highlighted the challenges associated with revising Ministerial job descriptions due to the breadth of the roles. It  was  considered  that  a  prescriptive  approach  could  constrain  Ministers  in discharging their duties. Additional concerns related to the potential risk of revised Ministerial job descriptions leading to calls for a salary review. Notwithstanding these concerns, the Chief Minister agreed that publicising information pertaining to Ministerial/Assistant Minister roles would aid understanding. The Chief Minister also supported the production of a consolidated list of legislation which clearly demonstrated Ministerial responsibility.

Having considered this response, the Sub-Committee concluded that the term job descriptions' could appear overly restrictive and that role description' was perhaps a more appropriate term in this context. The Sub-Committee believed that it was particularly important to define Ministerial roles ahead of the 2026 Election.

The Sub-Committee requested that the Chief Minister be invited to attend a future Sub-Committee meeting to explore the above matter further.

P.71/2024 –  A5. The Sub-Committee considered a report and proposition entitled Reporting on Reporting on  Ministerial Affairs' (P.71/2024), which had been lodged au Greffe' by Deputy K.L. Ministerial   Moore of St. Ouen , St. Mary and St. Peter on 11th October 2024, for debate on 4th Affairs'.  February 2025.

It was noted that the aforementioned proposition requested the Chief Minister to update the Codes of Conduct and Practice for Ministers and Assistant Ministers, prior to 31st December 2024, to enable the following -

the monthly publication of all external meetings attended by Ministers and Assistant Ministers on the Government of Jersey website; and,

the publication of details of all off-Island travel by Ministers and Assistant Ministers, inclusive of the costs incurred, on the Government of Jersey website within 30 days of return to the Island.

It was noted that, during the initial debate on P.71/2024, several Members had supported a referral to the Machinery of Government Sub-Committee. Whilst it was recognised that Part B of the proposition did not fall within the remit of the Sub- Committee, further discussions were required with regard to Part A.

Whilst the Sub-Committee supported increased transparency, in particular when identifying Government interaction with lobbying groups, concerns were raised as to  whether  the  proposition  considered  the  nuances  of  Government  in  smaller jurisdictions,  such  as  Jersey.  The  Sub-Committee  was  not  convinced  that  the proposition would be supported by Members in its current form.

In light of the foregoing, the Sub-Committee agreed to write to Deputy Moore requesting that the debate on the proposition be deferred to allow for discussions regarding the aim of the proposition.  If Deputy Moore was amenable to this suggestion, the Sub-Committee agreed that she should be invited to attend a future meeting.

Democratic  A6. The Sub-Committee, with reference to its Minute No. A5 of 22nd November Accountability  2024,  received  and  noted  a  report,  entitled,  Democratic  Accountability  and and  Governance  Sub-Committee  (DAGS)  Report  -  Recommendations',  which Governance  responded  to  the  recommendations  set  out  in  the  report  entitled  Democratic Sub- Accountability and Governance Sub-Committee' (R.23/2022 refers).

Committee

Report.  The Sub-Committee recalled that it had considered several recommendations arising

from  the  DAGS  report,  including  those  in  connexion  with  Ministerial  job descriptions and Arm's Length Organisations. It was further recalled that Deputy T.A. Coles of St. Helier South , Chair, had requested that the Sub-Committee review the DAGS recommendations ahead of the next meeting to identify further issues for discussion or action.

The Sub-Committee discussed the recommendation that a Cabinet Office style function should be created to merge the Ministerial Support Unit and the Strategic Policy, Planning and Performance (SPPP) Department. Whilst it was noted that the Government of Jersey had combined the Chief Operating Office, the Office of the Chief  Executive  and  SPPP,  some  concerns  existed  with  regard  to  whether arrangement had been envisaged in the recommendations. Further confusion existed around the role and function of the Cabinet Office. It was agreed to keep the above matter  under  review  and  further  comments  and  recommendations  would  be produced by the Sub-Committee prior to the 2026 election.

Due to time constraints, it was agreed that this matter could be discussed further at the next Sub-Committee meeting with Deputy L.J. Farnham of St. Mary , St. Ouen and St. Peter , Chief Minister.

On a related matter, it was agreed that the DAGS recommendations report required further refinement, with links to relevant documents to ensure that it reflected the current status of the Work Programme.

Date of Next  A6. The Sub-Committee noted that the next scheduled meeting would be held on Meeting.  14th February 2025, at 11.00 am in the Blampied Room.