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Governance and decision making during the covid-19 pandemic (R.70 /2022): Executive Response

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STATES OF JERSEY

GOVERNANCE AND DECISION MAKING DURING THE COVID-19 PANDEMIC (R.70 /2022): EXECUTIVE RESPONSE

Presented to the States on 15th August 2022 by the Public Accounts Committee

STATES GREFFE

2022  R.70 Res.

FOREWORD

In accordance with paragraphs 115-116 of the Code of Practice for engagement between Scrutiny Panels and the Public Accounts Committee' and the Executive', (as derived from Standing Orders of the States Assembly) the Public Accounts Committee (the Committee')  presents  the  Executive  Response  to  the  Comptroller  and  Auditor General's Report entitled: Governance and Decision Making during the COVID-19 Pandemic (R.70/2022 presented to the States on 6th May 2022).

It is intended for the Committee to be fully constituted after the appointment of Lay Members during the States sitting on 13th September 2022. As such, the Committee will review the responses in detail after its formation and present any further comments to the States Assembly in due course.

Deputy L. Feltham

Chair, Public Accounts Committee

SUMMARY OF RESPONSE

The Chief Executive and the Treasurer welcome the Comptroller and Auditor General's (C&AG) Review of the Governance and Decision-Making During the COVID-19 Pandemic.  As  the  C&AG  observes,  the  COVID-19  pandemic  has  called  for  an extraordinary response from the Government of Jersey as it has sought to save Islanders' lives, protect health, and support livelihoods. The Chief Executive agrees, however, that the principles of good governance, transparency, value for money, effective internal control, and accountability for the use of public funds remain vital during a period of emergency, whilst maintaining responsiveness and flexibility to meet the challenges created by the pandemic.

The Government acted quickly to put in place groups at a political and officer level to support decision-making during the pandemic, as well as implemented legislation rapidly to respond to major public health risks. The Government's extensive response has demonstrated many strengths, including sustained cross-departmental cooperation, and the ability to draw on public health data and evidence to inform policy development and decision-making, through to implementation in relatively short periods of time. It is important to learn from these experiences and from the range of independent reviews, including the C&AG's review, in order to ensure that effective legislative, governance and decision-making arrangements are in place to address comparable disruptive events.

ACTION PLAN

 

Recommendations

Action

Target Date

Responsible Officer

R1 In developing proposals for  new  emergencies legislation,  consider explicitly the experience of the response to the COVID- 19  pandemic  and  address identified weaknesses.

Accept

The  experiences  from  the response to COVID-19 are being  fully  considered within  the  development process,  specifically  the relationship  between  civil contingencies  and  public health  legislation.  In addition,  account  is  being taken  of  the  learning  and findings from the National Preparedness Commission's independent  review  of  the UK Civil Contingencies Act in this regard.

Approved Law Drafting Instructions and  Policy Principles completed  by: December 2022

Chief Fire Officer

R2  Review  the  advantages and  disadvantages  of establishing  two  strategic level  officer  groups  and

Accept

Local  crisis  management doctrine does not currently provide  for  two  strategic

December 2022

Chief Fire Officer

 

Recommendations

Action

Target Date

Responsible Officer

establish  plans  for  future emergencies in light of that review.

level  officer  groups.  The experience of the use of this model will be considered by the Jersey Resilience Forum before  confirming  or amending existing doctrine.

 

 

R3  Prepare  and  utilise standardised  documentation for  different  officer  level groups  in  the  emergency structure.

Accept

Standard documentation has always  been  available  for Strategic  and  Tactical Coordinating  Groups, utilising  standing  agendas and  decision-making frameworks  in  line  with professional  doctrine  for crisis  management. This documentation  will continue  to  be  used  and updated  in  line  with recognised good practice as required. If  the  use  of  a Strategic Command Group, which is not part of local or other  doctrine,  is  not continued,  no documentation  will  be required. Alternatively,  if the review, as accepted for R2',  determines  the  need for a second strategic forum, the  same  documentation shall be applied as is used for  the  existing  and recognised groups.

Ongoing  and complete  as standardised documentation is  already  in place.

Chief Fire Officer

R4  In  developing  new emergencies  legislation, explicitly  consider  the respective  roles  of  the Council  of  Ministers  and Emergencies  Council  in circumstances where a State of Emergency has not been declared.

Accept

This  is  a  core  element  of legislative reform planning. Any  new  law  to  govern emergency  preparedness and  response  will  need  to provide  an  effective governance  structure  and make effective allocation of responsibilities  outside  of emergencies.

Legislation drafted by July 2023

Chief Fire Officer

 

Recommendations

Action

Target Date

Responsible Officer

R5 In establishing any group comprising a sub-set of the Council  of  Ministers, explicitly  consider  and document:

its relationship to the Council of Ministers

its authority; and

when and how it reports to the Council of Ministers.

Accept

This will be taken forward and considered as part of a review  of  governance  and management  of  ministerial business  and  political engagement. This will help inform the new Government in  the  set-up  of  the infrastructural  and organisational framework to support  the  Council  of Ministers.

September 2022

Chief  of Staff/Head  of Ministerial Support Unit

R6 For political level groups routinely include an item at the  start  of  agendas considering:

the  relevance  of interests  previously declared  to  the Greffier of the States to  items  on  the agenda

whether  there  are any  other  interests that  are  relevant  to items on the agenda; and

the  response  to  identified interests,  including  non- participation in items on the agenda.

Accept

In  consultation  with  the States Greffier, this will be taken  forward  and considered  as  part  of  the review  of  governance  and management of Ministerial business  and  political engagement,  in  the  setting of agendas.

September 2022

Chief of Staff/Head of  Ministerial Support Unit

R7  Apply  similar arrangements  for  the declaration and management of  conflicts  of  interest  for officers participating in such political level groups.

Accept  

This will be taken forward and considered as part of a review  of  governance  and management of Ministerial business  and  political engagement in the setting of agendas.

September 2022

Chief of Staff/Head of  Ministerial Support Unit

R8  Ensure  that  all declarations  of  interest  and

Partially Accept

September 2022

Chief of Staff/Head of  Ministerial Support Unit

 

Recommendations

Action

Target Date

Responsible Officer

associated arrangements for management of conflicts of interest are clearly minuted.

Declarations of interest are minuted.  However,  the Ministerial  Support  Unit will  review  how  they  are dealt with once minuted so that they can be updated on a regular basis.

 

 

R9 Adopt and use a standard format for agenda papers for political  decision-making groups that includes:

the  reason  for referral to the group in question

the  recommended course of action

the  potential alternative  courses of action; and

the  reasons  for  the recommended  course  of action.

Accept

Standard  templates  for discussions  are  in  place. However,  the  format  and structure  of  the  agendas  and associated  papers  will  be subject  to  review  by  the incoming  Chief  Minister  and Council  of  Ministers,  with  a view  to  ensuring  greater consistency is delivered.

September 2022

Chief of Staff/Head of  Ministerial Support Unit

R10  For  political  decision- making  groups  routinely maintain  and  present  to subsequent  meetings  an action  log  that  records  the implementation of decisions made,  for  example  through Ministerial  Decisions  and Orders.

Accept

In  consultation  with  the States Greffier, it has been agreed  that,  as  well  as producing  the  formal minutes  for  meetings,  the secretariat officer will also produce  an  action  log following meetings.

Complete

Chief of Staff/Head of  Ministerial Support Unit

R11 Ensure that there is clear delineation  between meetings  of  different political  decision-making groups.

Accept

This will be taken forward and considered  as  part  of  the review  of  governance  and management  of  ministerial business  and  political engagement,  to  support  the new Government in the set-up of  the  infrastructural  and organisational  framework  to support  the  Council  of Ministers.

September 2022

Chief of Staff/Head of  Ministerial Support Unit

 

Recommendations

Action

Target Date

Responsible Officer

R12 Adopt a clear timetable for  preparation, consideration  and  approval of  minutes  of  political decision-making groups.

Accept

This is being adopted, working with  the  States  Greffe  to develop  new  service  level agreements,  including expectations  of  minute approvals  process  and timelines.

Complete

Chief of Staff/Head of  Ministerial Support Unit

R13 In the standard format for  agenda  papers  for decision  making  groups include sections covering:

expert advice

financial,  legal, procurement  and human  resources implications; and

assessment  of  risks, mitigations  and  residual risks.

Accept

This will be taken forward and considered  as  part  of  the review  of  governance  and management  of  ministerial business  and  political engagement,  to  support  the new Government in the set-up of  the  infrastructural  and organisational  framework  to support  the  Council  of Ministers.

September 2022

Chief of Staff/Head of  Ministerial Support Unit