Ministerial Office: independent support to Ministers (P.23/2026) – amendment

STATES OF JERSEY

MINISTERIAL OFFICE: INDEPENDENT SUPPORT TO MINISTERS (P.23/2026) –

AMENDMENT

Lodged au Greffe on 2nd March 2026

by Deputy K.L. Moore of St. Mary , St. Ouen and St. Peter Earliest date for debate: 10th March 2026

STATES GREFFE

2026  P.23 Amd.

MINISTERIAL OFFICE: INDEPENDENT SUPPORT FOR MINISTERS

(P.23/2026): AMENDMENT

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1 PAGE 2 –

For the word "Ministerial" substitute the word "Cabinet" and before the word "support" insert the word "independently".

2 PAGE 2 –

Designate the existing text as part (a) and insert a new part (b) as follows –

"(b) to request the Chief Minister to commence all necessary actions, including any legislative  changes  required,  to  meet  recommendation  35  of  the  Democratic Accountability and Governance Sub-Committee report and to legally embed the right of the Cabinet Office to support Ministerial functions, independent of the Chief Executive Officer.".

DEPUTY K.L. MOORE OF ST. MARY, ST. OUEN AND ST. PETER Note:  After this amendment, the proposition would read as follows –

  THE STATES are asked to decide whether they are of opinion

1. to request the Chief Minister to develop and implement a framework agreement by 31st March 2026 to ensure that the Cabinet Office maintain the explicit ability to independently support Ministers in challenging Executive Officers of Government Departments; and
2. to request the Chief Minister to  commence all necessary actions, including any legislative changes required, to meet recommendation 35 of the Democratic Accountability and Governance Sub-Committee report and to legally embed the right of the Cabinet Office to support Ministerial functions, independent of the Chief Executive Officer.

REPORT

The rationale for change at the top of the machinery of government was made in 2022 in the Democratic Accountability (DAG) subgroup's report (the DAG report). At the time of the DAG Report, a Principal Accountable Officer (PAO) was in post, therefore any change to that role to meet recommendation 35 of the report, could have presented a potential legal challenge.

The DAG report identified the relevant post holder as the Head of the Cabinet Office, not the Head of the Ministerial Office. This is why I am bringing this amendment to bring Deputy Scott 's proposal into line with the recommendations of the DAG report, through part (a) to this amendment, which I believe is accepted by Deputy Scott .

This amendment also puts forward a second change which requests the Chief Minister to subsequently undertake all the necessary actions (including any required legislative changes) to meet recommendation 35 of the DAG report.

Broadly recommendation 35 seeks to give the Head of the Cabinet Office independence from the Chief Executive role, who would as a consequence focus on their position as the Head of the Public Service.

Whilst it is acknowledged that the timing, at the end of this session of the Assembly, is late, the time to take action is now, as we know that the Chief Executive Officer's contract is due to expire in December 2026, and a new Council of Ministers will soon be appointed following the June 2026 election.

The role of the Principal Accountable officer was originally introduced in 2018 in the Machinery of Government (Miscellaneous Amendments) (Jersey) Law 2018, following the adoption of P.1.2018.  The Machinery of Government (Miscellaneous Amendments) (Jersey) Law 2018 amends the Employment of States of Jersey Employees (Jersey) Law 2005 and the  Public Finances (Jersey) Law 2019, including within them the definition, and the responsibilities of the Chief Executive as both the Head of the Public Service and the principal advisor to the Chief Minister and the Council of Ministers.  

As well as the recommendation of the DAG report, advice from an outgoing Chief Executive has identified that the role of the PAO should be split. This split would create a role that is familiar within the Westminster system of Government of a Cabinet Secretary. This post holder would be equal to the PAO and also accountable to the Chief Minister and the Council of Ministers.

As is the case in the United Kingdom and other nations, this accountability to the Council of Ministers (or Cabinet), also provides the Chief Minister with the ability to "hire and fire" the Cabinet Secretary, to ensure they can pursue their political agenda during their term of office.

Page - 3

P.23/2026 Amd.

Implementation  of  this  amendment  would  necessitate  a  number  of  subsequent amendments to the structure and/or the roles and responsibilities of the Executive Leadership team, and the Laws that those roles are defined in. To be clear, adopting this amendment would not require an additional person to be recruited, it would merely amend the role and accountability of an existing employee. Naturally, if this amendment were adopted, the current role holder would need to be consulted.

This  proposal  is  timely  as  the  Government  of  Jersey  prepares  for  the  incoming Government and the appointment process for a new Chief Executive Officer.

Financial and staffing implications

This  amendment  would  involve  internal  restructuring  and  therefore  financial implications for the changes would come from existing departmental budgets.

Children's Rights Impact Assessment

I consider that this amendment has no direct or indirect impact on children and that the duty to have due regard to the UN Convention on the Rights of the Child does not arise. Accordingly, a Children's Rights Impact Assessment is not required under the Children (Convention Rights) (Jersey) Law 2022.