Ministerial Responsibilities: Ministers and Assistant Ministers

2020  R.10

REPORT

Introduction

This report details the responsibilities of each Minister, and where they have delegated the discharging of responsibilities to an Assistant Minister.

This is in accordance with Article 30A of the States of Jersey Law 2005, where the Chief Minister is required to establish, maintain and publish a list of the responsibilities of each Minister and Assistant Minister.

Transfers of Responsibility in the first eighteen months in office

On assuming office in June 2018, the Chief Minister announced a number of changes to ministerial responsibilities to support the Council of Ministers to deliver on its priorities.

Notably, this included transferring responsibility for Children's Services and Children's and Adolescents Mental Health Services from the Minister for Health and Social Services to the new Minister for Children and Housing, who will focus on the commitment of the Council of Ministers to put children first and to support more affordable housing.

In addition, a newly-created post of Minister for International Development assumed overall  responsibility  for  International  Development,  including  Overseas  Aid,  in conjunction with the Overseas Aid Commission. The Minister is also commencing work on policies to promote a new, inclusive, and distinctly Jersey' sense of Island Identity.

Other changes made to support strategic priorities include:

• More functions are being brought together under the  Minister for Economic Development, Tourism, Sport and Culture, supporting work to deliver economic growth that is sustainable, coherent, and productivity-driven;

• The transfer of financial services responsibilities to the Minister for External Relations, so as to better protect and promote internationally our financial services industry, especially in a Brexit and post-Brexit environment; and

• Bringing together a wider range of social policies under the Minister for Social Security to better support increased diversity and social inclusion.

These changes also enable the Chief Minister to better focus on the overall strategic direction  of  government, appreciating  the  scale  of the  ambitions  proposed in  the Common Strategic Policy and Government Plan, and to prioritise engagement with States Members.

Some responsibilities also sit across all Ministers, including in relation to Corporate Parenting, where Ministers have a responsibility for children in their individual areas of responsibility; and Safeguarding, where all Ministers have a responsibility to safeguard

people in their areas of responsibility (while the Chair of the Safeguarding Partnership Board has access to the Chief Minister in exceptional circumstances as required, as well as having responsibilities to the Chief Executive, who is accountable for the public administration).

In line with the above, since June 2018, the following transfer of responsibilities have been taking place:

Ministerial Boards

Alongside these changes, Policy Development Boards have been established to bring more Ministers, States Members, and lay people, into policy-making.

In addition, other ministerial groups exist which either:

• Oversee  specific  projects  or  initiatives,  providing  direction  and challenge to officials, such as the delivery of our hospital; or

• Provide advice on operational decision-making, such as decisions on which businesses should have permissions to employ newer migrants.

All these political bodies, approved by the Chief Minister or by the Council of Ministers, improve decision making, oversight and accountability. A full list is being prepared for publication, including further provisions around operation and governance.

Ministerial Direction and Accountability

To strengthen accountability, and for good order, a lead department for each area of a Minister's portfolio is also designated in this report, so that Ministers and the public are clear on which officers hold senior responsibility.

While the delivery of public services is now much more cross-cutting and customer- focused, meaning that several Ministers and Assistant Ministers are supported by more than one Department, this link between a Minister and the operational department is important to understand, supporting accountability and decision making.

Specifically, public administration as a whole is led and co-ordinated by the Office of the  Chief  Executive,  with  the  senior  leadership  of  the  public  service  working collectively to deliver effective administration. This is supported by a number of corporate departments:

• Strategic Policy, Performance and Planning – which works with Ministers and their lead departments to develop strategy, policy and legislation across ministerial portfolios.1

• Customer and Local Services – which provides services to customers across ministerial portfolios, improving ease of access for customers and value for money for the taxpayer.

• Chief Operating Office – which provides a range of support services, such as Information Services, Human Resources, and Procurement.

1 All policy will be delivered in this way, with SPPP working in close partnership with lead departments to support the policy agenda of the Minister and the Council of Ministers. The exclusions to this model of a single policy department are: Tax and treasury (the Department for the Treasury and Exchequer will remain responsible for this aspect of policy development); financial services, digital and external relations (the Office for the Chief Executive will remain responsible for this aspect of policy development); or as otherwise specified in the document.

• Treasury  and  Exchequer  –  which  provides  financial  guidance, management, and reporting services.

Further  information  regarding  departmental  structures  can  be  found  at: https://www.gov.je/Government/Departments/Pages/default.aspx

Notwithstanding these cross-cutting and corporate structures, Ministers and Assistant Ministers remain accountable and responsible for all matters listed in this report – from the conception of a policy to the delivery of an individual service, whichever department undertakes or delivers the work.

Consequently,  Ministers  and  Assistant  Ministers  provide  policy  direction  to officers  in  each  of  the  areas  for  which  they  are  responsible;  and  the senior  officers  in  each  area  is  accountable  to  the  Minister  or Assistant Minister for this, in line with  the  States  of  Jersey  Law  2005: https://www.jerseylaw.je/laws/revised/PDFs/16.800.pdf.  Ministers  and  Assistant Ministers, however, must do this having given fair consideration and due weight to informed and impartial advice from their officials.

Ministers and Assistant Ministers must also fulfil their obligations to the Chief Minister and  Council  of  Minister,  in  particular,  working  collaboratively  and  promoting  a transparent culture, as outlined in the Codes –

 /assemblyreports/2018/r.116-2018.pdf.

In addition, Ministers are required to account for the actions of any entity established to deliver and support government policies, such as promotional bodies and regulatory authorities, in the areas for which they are responsible.

In respect of finances and resources, the Chief Executive, as Principal Accountable Officer, has overarching responsibility for propriety and regularity of public finances, and for ensuring that resources are used economically, efficiently and effectively. They are answerable to the States Assembly and accountable to the Council of Ministers for these duties. Nevertheless, Ministers remain answerable to the Assembly for the policies and administration in their areas of responsibility.

In respect of the management of data, Ministers are the controller for information collected by departments in their areas of responsibility, and as a matter of practise, this responsibility is discharged by the departmental Directors-General and their officials as part of undertaking their administrative  responsibilities. This  includes discharging obligations in relation to the protection, retention, and release of data under, and in accordance with, the relevant data protection, freedom of information, and public records laws, including ensuring that data is processed transparently and in a manner compatible with the purposes for which the data was collected.

This list is provided to support clarity and transparency – helping the public and the Assembly to understand responsibilities and relationships within government, so as to better hold government to account – and to comply with the Article 30A requirement of the States of Jersey Law 2005.

Contact details for Ministers can be found at: /committees/Pages/default.aspx?CommitteeId=100

The Council of Ministers and Assistant Ministers

Full Listing of Responsibilities

Chief Minister

Senator J.A.N. Le Fondré Purpose

The Chief Minister provides long term strategic direction, chairing the Council of Ministers, which is responsible for the Island's common strategic policy, co-ordinating the Government's policies and administration, and prioritising executive and legislative proposals.

He is also responsible for a range of prominent policy areas, including constitutional affairs,  overall  justice  policy,  and  population  policy;  and  provides  direction  on government communications; and, as Chair of the States Employment Board, has responsibility for the employment of public sector employees.

He has concurrent responsibility with the Minister for External Relations for Jersey's common external relations policy, and has responsibility for liaison with the non- Ministerial States Bodies2.

Deputy Chief Minister

• Senator L.J. Farnham – acts for the Chief Minister in his absence and represents the Chief Minister. He has been specifically tasked with leading the Hospital Political Oversight Group.

List of Responsibilities discharged by the Chief Minister in person

Leadership of the Council of Ministers with responsibility for the Government's overall strategic direction

Direction to the Office of the Chief Executive

Lead Department

Office of the Chief Executive

Office of the Chief Executive

2 These are:

• Bailiff 's Chambers

• Judicial Greffe

• Law Officers

• Probation and After-Care Service

• States Greffe

• Viscount's Department

• Office of the Lieutenant Governor

• Office of the Comptroller and Auditor General

• Office of the Official Analyst

Government Strategic Policies, Performance and Planning

Long term direction over property and assets[3]

Constitutional Affairs Statistics Jersey

Economics Unit

States Employment Board Legislation Advisory Panel Emergency Planning Justice Policy[4]

Information services

Strategic Policy, Performance and Planning

Office of the Chief Executive

Strategic Policy, Performance and Planning

Strategic Policy, Performance and Planning

Office of the Chief Executive Chief Operating Office Office of the Chief Executive Justice and Home Affairs

Strategic Policy, Performance and Planning

Chief Operating Office

Assistant Chief Ministers and their responsibilities (on behalf of the Chief Minister):

• Connétable R.A. Buchanan of St. Ouen[3] – discharges functions on behalf of Chief Minister in relation to:

People Services (Human Resources) Government Communications Liaison with the Probation Service

Intellectual Property[3]

Chief Operating Office Office of the Chief Executive

Strategic Policy, Performance and Planning

Office of the Chief Executive

• Deputy C.F. Labey of Grouville – discharges functions on behalf of Chief Minister in relation to:  

Freedom of Information[3] Office of the Chief Executive

• Connétable C.H. Taylor of St. John – has delegated functions on behalf of Chief Minister in relation to: 8

Control of Housing and Work Law 2012  Customer and Local Services 2(1)(e) initiative  Office of the Chief Executive Register of Names and Addresses Law  Office of the Chief Executive

2012

Migration Policy  Strategic Policy, Performance and

Planning

• Deputy S.M. Wickenden of St. Helier – discharges functions on behalf of Chief Minister in relation to:

Modernisation of Digital Technology  Chief Operating Office

• Senator L.J. Farnham – has been appointed as an Assistant Chief Minister to allow him to act on the Chief Minister's behalf in areas he has been specifically tasked with, namely leading the Hospital Political Oversight Group. This is a temporary measure until such time as Standing Orders have been amended to expand the role of the Deputy Chief Minister.

8 The Connétable has temporarily stepped aside from his official duties. During this temporary absence, the functions are being discharged by Senator Farnham , as an Assistant Minister to the Chief Minister.

Minister for Children and Housing  Minister: Senator S.Y. Mézec Purpose

The Minister is responsible for co-ordinating policies and actions which improve the well-being of children, working across government.

The Minister is also responsible for championing a good supply of housing across all categories of tenure, promoting affordability, improving housing standards, and helping to build strong neighbourhoods and communities.

List of Responsibilities Children's Services

Children and Adolescent Mental Health Services

Co-ordinating policies to safeguard children and support children's well- being, including coordinating the implementation of the response to the Care Inquiry

Co-ordinating policies to support housing affordability

Co-ordinating policies to improve housing standards

Landlord and Tenant Regulations Housing Gateway Administration Social Housing strategy

Lead Department

Children, Young People, Education and Skills

Children, Young People, Education and Skills

Children, Young People, Education and Skills

Growth, Housing and Environment[3] Growth, Housing and Environment

Growth, Housing and Environment Customer and Local Services

Strategic Policy, Performance and Planning

Minister for Economic Development, Tourism, Sport and Culture Minister: Senator L.J. Farnham

Purpose

The Minister is responsible for supporting the performance of the local economy, promoting  productivity  improvements,  encouraging  economic  diversification, improving job opportunities for local people, and promoting sporting, cultural, and leisure activities that enrich Islanders' lives.

List of Responsibilities

Economic Policy

Productivity growth and diversification Inward Investment

Innovation Policy and Fund

Digital Economy

Broadcasting, Telecommunications and Postal11

Lead Department

Office of the Chief Executive10 Office of the Chief Executive Office of the Chief Executive Office of the Chief Executive Office of the Chief Executive Office of the Chief Executive

Data Protection – Legislation and Policy  Office of the Chief Executive Data Protection – Internal Compliance  Chief Operating Office Cyber Security – Island-wide  Office of the Chief Executive Competition Policy (including the  Office of the Chief Executive

Channel Islands Competition and

Regulatory Authority) and wider

policies to manage inflation and promote

consumer interests12

Retail Economy

Regulation of Business, including Trading Standards

Visitor Economy

Rural Economy

Gambling Policy

Channel Islands Lottery

Commercial Air and Sea Transport Maritime Policy, including safety at sea

Office of the Chief Executive Growth, Housing and Environment

Office of the Chief Executive Office of the Chief Executive Office of the Chief Executive Office of the Chief Executive Office of the Chief Executive

Office of the Chief Executive

10 The economy function within Growth, Housing and Environment moved to the Office of the Chief Executive in January 2020, as an interim measure before combining into a new department later in 2020. These changes reflect the importance of economic policies to the Council of Ministers. Further details on the new department will be available in due course, following consideration by the Council of Ministers, and as part of a staff consultation exercise.

11 Statutory responsibilities have not yet been transferred for postal, and until such time as they do, remain with the Chief Minister.

12 Statutory responsibilities have not yet been transferred for competition matters, and until such time as they do, statutory responsibilities remain with the Chief Minister.

Ships Registry

Aircraft Registry

Ports of Jersey Policy Liquor Licensing Policy

Promotion of Sports and Sports Development

Beach Regulation and Lifeguarding Public Records Law

Office of the Chief Executive Office of the Chief Executive Office of the Chief Executive Office of the Chief Executive Office of the Chief Executive

Office of the Chief Executive Chief Operating Office

Assistant Ministers and their responsibilities (on behalf of the Minister):

• Senator S.W. Pallett –  discharges functions on behalf of the Minister in relation to:

Liquor licensing

Jersey Aircraft Registry

The Beach Life-Guard Service

Operation of sports facilities, and sports promotion and development

Sports Policy including Jersey sport

Strategic Policy, Performance and Planning

Office of the Chief Executive Growth, Housing and Environment Growth, Housing and Environment

Office of the Chief Executive

• Deputy M. Tadier of St. Brelade – discharges functions on behalf of the Minister in relation to:

Culture, Arts and Heritage  Office of the Chief Executive

Minister for Education Minister: Senator T.A. Vallois

The Minister is responsible for providing a first-class education service, supporting the development of skills, creativity and lifelong learning.

List of Responsibilities Primary Schools

Secondary Schools

Special Education Schools

Highlands College

Educational standards and achievement

Early Years

Children's inclusion and early Intervention

Youth Service Skills Policy Library Service

Lead Department

Children, Young People, Education and Skills

Children, Young People, Education and Skills

Children, Young People, Education and Skills

Children, Young People, Education and Skills

Children, Young People, Education and Skills

Children, Young People, Education and Skills

Children, Young People, Education and Skills

Children, Young People, Education and Skills

Children, Young People, Education and Skills

Customer and Local Services

Assistant Ministers and their responsibilities (on behalf of the Minister):

• Deputy J.M. Maon of St. Saviour – discharges functions on behalf of the Minister in relation to:

Skills Jersey

Post-16 Higher and Further Education Policy

Departmental appeal hearings

Children, Young People, Education and Skills

Children, Young People, Education and Skills

Children, Young People, Education and Skills

• Senator S.Y. Mézec – has been appointed so as to enable him to participate in ministerial business, delivering synergies with his own ministerial portfolio as Minister for Children and Housing.

Minister for the Environment Deputy J.H. Young of St. Brelade

The Minister is responsible for protecting and enhancing the Island's natural and built environment in the best interests of Islanders and supporting sustainable development

List of Responsibilities

Island Plan and Planning Policy

Carbon Neutrality strategy

Abattoir Regulation

Development Control

Building Control

Planning and Building Compliance Eco-Active

Regulation – Environmental Health Regulation – Environmental Protection Regulation of Care[3]

Waste Regulation

Agricultural and Plant Health Inspectorate

Lead Department

Strategic Policy, Performance and Planning

Strategic Policy, Performance and Planning

Growth, Housing and Environment Growth, Housing and Environment Growth, Housing and Environment Growth, Housing and Environment Growth, Housing and Environment Growth, Housing and Environment Growth, Housing and Environment

Strategic Policy, Performance and Planning

Growth, Housing and Environment Growth, Housing and Environment

Agricultural Land Control  Growth, Housing and Environment Marine Resources  Growth, Housing and Environment Natural Environment  Growth, Housing and Environment Veterinary Services and Animal Welfare  Growth, Housing and Environment Jersey Meteorological Services  Growth, Housing and Environment Energy Policy  Growth, Housing and Environment

Assistant Minister and their responsibilities (on behalf of the Minister):

• Deputy G. Guida of St. Lawrence – discharges functions on behalf of the Minister in relation to:

Marine Resources and Fisheries, Plant  Growth, Housing and Environment and Animal Health

Minister for External Relations Minister: Senator I.J. Gorst

The Minister is responsible for promoting Jersey internationally and supporting the Island's interests on the international stage, a responsibility held concurrently with the Chief Minister, and for the support and promotion of the financial services industry.

He does this working closely with a range of Ministers, including the Chief Minister, Minister for Economic Development, Tourism, Sport and Culture, and the Minister for International Development, delivering economic and social benefits for Jersey.

List of Responsibilities Brexit Coordination

UK Government Engagement EU Engagement

Financial Services

Global Markets

International Agreements Sanctions and Treaties International Trade Policy

Air Navigation, Civil Aviation and Air Safety

Multilateral Engagement

Overseas Offices

Channel Islands Engagement Charities Registration and Regulation

Lead Department

Office of the Chief Executive Office of the Chief Executive Office of the Chief Executive Office of the Chief Executive Office of the Chief Executive Office of the Chief Executive Office of the Chief Executive Office of the Chief Executive Office of the Chief Executive

Office of the Chief Executive Office of the Chief Executive

Office of the Chief Executive

Strategic Policy, Performance and Planning

Assistant Minister:

• Connétable R.A. Buchanan of St. Ouen – Serves to assist the Minister on matters related to financial services.

Minister for Health and Social Services Minister: Deputy R.J. Renouf of St. Ouen

The Minister is responsible for promoting health and wellbeing for the whole community, and protecting the interests of frail and vulnerable adults.

List of Responsibilities

Adult Community Support Services Adults Social Work

Occupational Therapy

65+ Community and Social Service 65+ Nursing and Residential

Adult Mental Health

Alcohol and Drugs Services Psychology

Speech and Language

Patient Transport Services

Clinical Support, incl. radiology, pathology, pharmacy, physiotherapy

Hospital Operations Support, incl. non- clinical support, such as contracts, off- island treatment, emergency transfers

Medical Specialists and Emergency Care Surgical Services

Theatres and Anaesthetics

Women and Children, including paediatrics, gynecology and obstetrics

Commissioning and Supporting Voluntary Sector  

Primary Care Governance  Preventative Programmes

Strategic Health Delivery Policy, including the Jersey Care Model

Strategic Public Health

Lead Department

Health and Community Services Health and Community Services Health and Community Services Health and Community Services Health and Community Services Health and Community Services Health and Community Services Health and Community Services Health and Community Services Health and Community Services

Health and Community Services Health and Community Services

Health and Community Services Health and Community Services Health and Community Services Health and Community Services

Health and Community Services

Health and Community Services Health and Community Services Health and Community Services

Strategic Policy, Performance and Planning

Assistant Ministers:14

• Deputy H.C. Raymond of Trinity – discharges functions in relation to all the responsibilities held by the Minister and serves as political champion' for the Our Hospital project.

• Senator S.W Pallett – discharges functions in relation to all the responsibilities held by the Minister, with a particular focus on providing oversight and leading on mental health.

• Deputy J.M. Maon of St. Saviour – has been appointed to support a joined- up approach across a range of services, with Deputy Maon also being an Assistant Minister for the Minister for Social Security and the Minister for Education.

14 Senator Mézec served as an Assistant Minister for Health and Social Services (June 2018 – January 2020) to participate in ministerial business, delivering synergies with his own ministerial portfolio as Minister for Children and Housing. However, given that the legal transfer of responsibilities for children services and children's and adolescent mental health services from the Health and Social Services to Children and Housing has now taken place, he now discharges these responsibilities as a Minister in his own right.

Minister for Home Affairs

Connétable L. Norman of St. Clement

The Minister is responsible for supporting and maintaining a safe and just society.

List of Responsibilities States of Jersey Police

Jersey Customs and Immigration Service

States of Jersey Prison Service

Jersey Fire and Rescue Service

Jersey Field Squadron and Cadet Corps Superintendent Registrar

Marriage and Divorce Policy

Ambulance Services

Criminal Justice and Community Safety Policy

Firearms Policy

Lead Department Justice and Home Affairs Justice and Home Affairs

Justice and Home Affairs Justice and Home Affairs Justice and Home Affairs

Customer and Local Services

Strategic Policy, Performance and Planning

Justice and Home Affairs Justice and Home Affairs

Justice and Home Affairs

Assistant Minister:

• Deputy G. Guida of St. Lawrence – discharges functions in relation to all the responsibilities held by the Minister.

Minister for Infrastructure Deputy K.C. Lewis of St. Saviour

The Minister is responsible for providing attractive and well-maintained public spaces and infrastructure, protecting the environment from the impact of waste products and developing public  transport, road  and  cycle  networks  that meet the  needs  of the community.

The Minister does this working closely with other Ministers, in particular on the delivery of capital projects and property and estate management, and with the Chief Minister on strategic property management and direction.

List of Responsibilities Abattoir

Arboriculture Service Site Services Team

Highways and Infrastructure Maintenance

Drainage Design and Records

Sewage Network, Treatment and Pumping

Driver and Vehicle Standards Energy Recovery Facility Electrical Engineering Engineering Maintenance Internal Health and Safety

Liquid and Solid Waste Strategy

Mechanical Engineering and Maintenance

States of Jersey Parks and Open Spaces Car Parks and Parking Control

Fleet Management

Property Holdings

Sea Defences

On Island Transport Planning and Strategy

Capital Project Delivery Cleaning

Stores team

Tanker Service

Household, Commercial and Clinical Waste

Lead Department

Growth, Housing and Environment Growth, Housing and Environment

Growth, Housing and Environment Growth, Housing and Environment

Growth, Housing and Environment Growth, Housing and Environment

Growth, Housing and Environment Growth, Housing and Environment Growth, Housing and Environment Growth, Housing and Environment Growth, Housing and Environment Growth, Housing and Environment

Growth, Housing and Environment

Growth, Housing and Environment Growth, Housing and Environment Growth, Housing and Environment

Growth, Housing and Environment Growth, Housing and Environment Growth, Housing and Environment

Growth, Housing and Environment Growth, Housing and Environment Growth, Housing and Environment Growth, Housing and Environment Growth, Housing and Environment

Climate change adaptation and mitigation

Cycling infrastructure

Bus Service

Animal Carcass incinerator Road Signs and Markings Playing Fields

Growth, Housing and Environment

Growth, Housing and Environment Growth, Housing and Environment Growth, Housing and Environment Growth, Housing and Environment Growth, Housing and Environment

Assistant Minister

• Deputy H.C. Raymond of Trinity – discharges infrastructure functions in relation to Fort Regent, the Opera House, and the Arts Centre.

Minister for International Development Deputy C.F. Labey of Grouville

The Minister is the Chair of the Jersey Overseas Aid Commission, and in conjunction with the commission is responsible for promoting economic and social development in developing countries overseas, and humanitarian aid overseas.

The Minister is also responsible for co-ordinating work across government to promote an inclusive sense of Island identity and culture, as a core part of the government's programme.

As a new role in this Council of Ministers, this position reflects the importance placed on the promotion of our Island's Identity.

List of Responsibilities  Lead Department

International Development  Jersey Overseas Aid Commission Island Identity  Office of the Chief Executive

Minister for Social Security Deputy J.A. Martin of St. Helier

The Minister is responsible for helping people in Jersey to achieve and maintain financial independence, including supporting employment and provision for pensions in  older  age,  and  to  provide  financial  safeguards  to  the  most  vulnerable  in  our community.

List of Responsibilities  Lead Department Supporting people to get "back to work"  Customer and Local Services Pension and Benefit payments  Customer and Local Services Collection of contributions and  Treasury and Exchequer

sustainability of the Social Security

scheme, Long Term Care Scheme, and

Health Insurance Fund

Pension and Benefits Policy

Coordinating government response to ageing society

Discrimination Law

Employment Law, including Minimum Wage

Health and Safety Inspectorate

Promoting Diversity, Equality and Social Inclusion

Disability Strategy

Promotion of the third sector and voluntary groups

Strategic Policy, Performance and Planning

Strategic Policy, Performance and Planning

Strategic Policy, Performance and Planning

Strategic Policy, Performance and Planning

Justice and Home Affairs Customer and Local Services [3]

Customer and Local Services Customer and Local Services

Assistant Ministers:

• Deputy J.M. Maon of St. Saviour – Serves to assist the Minister and covers responsibilities in her absence.

• Deputy S.M. Wickenden of St. Helier – Serves to assist the Minister and covers responsibilities in her absence.

Minister for Treasury and Resources Deputy S.J. Pinel of St. Clement

The Minister is responsible for looking after Jersey's finances and assets and ensuring responsible use of public funds in the best interests of Islanders.

List of Responsibilities Accounting Services Financial Performance Financial Planning

Financial Processing, payables and receivables

Payroll

Internal Audit

Pension Fund Administration Shareholder Functions16

Investments strategy and managements Investment Appraisal

Risk Management Strategy

Tax collection and Revenue Jersey

Lead Department Treasury and Exchequer Treasury and Exchequer Treasury and Exchequer Treasury and Exchequer

Customer and Local Services Treasury and Exchequer Treasury and Exchequer Treasury and Exchequer Treasury and Exchequer Treasury and Exchequer Treasury and Exchequer Treasury and Exchequer

16 Shareholder functions includes delivering value for money for the public and wider public advantage from investment holding. However, the Treasury and Resources Minister is not responsible for wide strategic direction and policy setting in the markets and areas in which these companies operate, which rests with whichever Minister has political responsibility for those areas. For example:

• The Minister is the shareholder of Jersey Telecoms, but she is not responsible for telecoms policy – this is the responsibility of the Minister for Economic Development, Tourism, Sport and Culture

• The Minister acts as the Guarantor of Andium Homes, but she is not responsible for social housing policy – this is the responsibility of the Minister for Children and Housing

• The Minister is the shareholder of the States of Jersey Development Company on behalf of the States of Jersey, but she is not responsible for public policy around regeneration – this is steered by the Regeneration Steering Group, as chaired by the Chief Minister

• The Minister is the shareholder of The Ports of Jersey, but she is not responsible for Ports policy – this is the responsibility of the Minister for Economic Development, Tourism, Sport and Culture. Accordingly, the Minister receives advice from the Ports Policy Group to assist her in the responsibilities as shareholder.

The same approach applies to the full range of investments held by government. In saying this, Ministers are expected to work collaboratively together, while ensuring their separate responsibilities are not blurred. Furthermore, overall partnership working across government is supported by the Growth, Housing and Environment Department.

Competent Authority for administration of international tax agreements

Tax Policy

Tax Information Exchange Agreements Procurement

Treasury and Exchequer

Treasury and Exchequer Office of the Chief Executive Chief Operating Office

Assistant Ministers:

• Deputy L.B. Ash of St. Clement  – discharges functions on behalf of the Minister in relation to shareholder functions, and any matter in relation to the Public Finances (Jersey) Law 2005 in the absence or incapacity of the Minister.

APPENDIX

Parts 2 and 3 of P.92/201317

2. Clarification  of  Chief  Minister's  responsibility  for  justice  policy  and resources

The States Assembly decided in favour of this Proposition, confirming that the Chief Minister is responsible for justice policy and resources. This means that the Chief Minister has –

1. democratic responsibility within the executive branch of government for the components of the overall justice system, which are not currently perceived as being included within the accountabilities of the elected government (e.g. the overall criminal, civil, family and administrative justice system; the courts, tribunals, access to justice and legal aid);
2. responsibility for safeguarding human rights, data protection, legal services, constitutional reform, and strengthening democracy, as part of the overall justice and constitutional affairs portfolio;
3. responsibility for the Legislation Advisory Panel.

However, this clarification of the Chief Minister's responsibility for overall justice policy and resources is not intended to affect the existing framework within which relevant offices and arm's-length bodies perform their functions; and therefore does not suggest that the Chief Minister has responsibility for individual cases, operational or administrative matters, legal or constitutional advice provided by officers of the Crown, or day-to-day resource management – all of which remain the responsibility of the relevant offices and arm's-length bodies.

The  States  Assembly  will  wish  to  recognise  the  importance  of  maintaining  the independence of the courts and the prosecution and data protection authorities as part of upholding the rule of law. In addition, this clarification is not intended to change the responsibility of the Minister for Home Affairs and the Home Affairs Department for oversight of the States of Jersey Police, States of Jersey Fire and Rescue Service, Jersey Prison Service, Jersey Customs and Immigration Service, Jersey Field Squadron, and Office of the Superintendent Registrar. The Home Affairs Department will also continue to oversee the criminal justice policy and the Building a Safer Society Strategy.

3. Upholding  the  independence  of  the  judiciary,  prosecutors  and  data protection authority.

This clarification also acknowledges that there is an obligation upon Ministers to uphold and defend the continued independence of, and to provide sufficient resources to, the judiciary, prosecutors and data protection authority. Ministers must not seek to influence particular judicial, prosecuting or data protection decisions. Arising from the need to continue to uphold this independence, a number of aspects are intended to remain unchanged by this clarification, including –

17 The full report can be found via the following link: /assemblypropositions/2013/p.092-2013.pdf

1. the relevant principal Crown Officer appointments ( Bailiff , Deputy Bailiff , Attorney General, Solicitor General), who would remain outside the executive;
2. the relevant posts that are currently defined as not being States employees ( Bailiff , Deputy Bailiff , Attorney General, Solicitor General, Viscount, Deputy Viscount, Judicial Greffier, Deputy Judicial Greffier, Master of the Royal Court, Magistrate, Assistant Magistrate);
3. the  provisions  that  apply  to  other  officers  within  the  departments  of  the judiciary, who are appointed, suspended or terminated only with the consent of the Bailiff , the Attorney General, the Viscount or the Judicial Greffier; and who shall not be directed or supervised in the discharge of their duties by the Chief Executive Officer, the States Employment Board or a Minister or a person acting on behalf of such a person;
4. the status of the officers of the Probation and After-Care Service as officers of the Royal Court, with the service continuing to be overseen by the Probation Board;
5. the appointment and office of the Data Protection Commissioner as detailed in the Data Protection (Jersey) Law 2005;
6. the current Accounting Officer appointments and responsibilities for relevant departments ( Bailiff 's Chambers, Judicial Greffe, Viscount's Department, Law Officers' Department, Data Protection Commissioner, Probation and After- Care Service);
7. the status of the Bailiff 's Chambers as a non-Ministerial States-funded body, given the additional roles of the Bailiff as President of the States Assembly and civic head;

(viii)  the Jersey Law Commission, as established by the States Assembly.