Commissioner for Standards: Investigation of Complaint of Breach of the Code of Conduct for Elected Members by Deputy K.F. Morel of St. John, St. Lawrence and Trinity and Deputy K.L. Moore of St. Mary, St. Ouen and St. Peter.

STATES OF JERSEY

COMMISSIONER FOR STANDARDS: INVESTIGATION OF COMPLAINT OF BREACH OF THE CODE OF CONDUCT FOR ELECTED MEMBERS BY DEPUTY K.F. MOREL OF ST. JOHN, ST. LAWRENCE AND TRINITY AND DEPUTY K.L. MOORE OF ST. MARY, ST. OUEN AND ST. PETER

Presented to the States on 20th June 2023 by the Privileges and Procedures Committee

STATES GREFFE

2023  R.107

2

REPORT

The Privileges and Procedures Committee has received a report from the Commissioner for Standards regarding the referral of Deputy K.F. Morel of St. John , St. Lawrence and Trinity and Deputy K.L. Moore of St. Mary , St. Ouen and St. Peter for investigation in relation to a potential breach of the Code of Conduct for Elected Members.

The Commissioner for Standards found that Deputy Morel and Deputy Moore did not breach the Code of Conduct for Elected Members.

The Committee accepts the Commissioner's report, which is attached, and considers that no further action is necessary.

R.107/2023

PAN-ISLAND COMMISSIONER FOR STANDARDS

Report by the Pan-Island Commissioner for Standards on a complaint against Deputy Kristina Moore and Deputy Kirsten Morel referred by Connétable Karen Shenton-Stone , Chair of the PPC

Government of Jersey

Contents

Summary  3 Complaint Background   4 Allegations contained in complaint  4 Scope of the Complaint  4 Matters Arising  5 Investigation  5 Findings of Fact  6 Evidence  7 Reasoned Decision  11 Report Conclusion  14 Observations   14

Summary

This is a report on my investigation following a referral received on 31 March 2023 from Connétable Karen Shenton-Stone , Chair of the Procedures and Privileges Committee against Deputy Kristina Moore , Chief Minister and Deputy Kirsten Morel , Deputy Chief Minister. The complaint relates to the resignation announcement by the government of Ms Suzanne Wylie, CEO of the Government of Jersey and Head of Public Service, and issues surrounding that announcement. The referral requests that I provide a view as to whether, by act or omission 1) there was a deliberate obfuscation or avoidance by the Chief Minister and/or Deputy Chief Minister and 2) there was an intention to mislead or misinform the Assembly. Both of these allegations relate to the Code of Conduct and Practice for Ministers and Assistant Ministers, and in particular Rule 1 of the Code which states that: "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".

I commenced my preliminary assessment on 4th April which led to a full investigation. After considering all of the evidence in relation to this complaint, including all written responses, documentary evidence and interviews, I found that Chief Minister, Deputy Kristina Moore and Deputy Chief Minister, Deputy Kirsten Morel did not breach Rule 1 of the Code of Conduct for Ministers and Assistant Ministers.

Complaint Background

1. I received a referral on 31 March 2023 from Connétable Karen Shenton-Stone , Chair of the Procedures and Privileges Committee ("PPC") relating to the announcement of the resignation of Suzanne Wylie, Chief Executive Officer of the Government of Jersey and Head of the Public Service. On 14March 2023, Deputy Kristina Moore , Chief Minister, received a notice of resignation from Ms Wylie. A public announcement of Ms Wylie's resignation was made on 22 March 2023. Subsequently, Deputy Moore stated to the Scrutiny Liaison Committee ("SLC") on 23 March 2023 that Deputy Morel had not been aware of the CEO's resignation until 22 March 2023 and told the Jersey Evening Post ("JEP") that she had received confirmation of Ms Wylie's resignation on 22 March 2023. On 27 March 2023, Deputy Moore issued a statement via social media apologising for the error she made in the stated dates, confirming she and the Deputy Chief Minister had known of the CEO's notice of resignation on 14 March 2023. She also apologised to the JEP, SLC and self- referred to the PPC.

Allegations contained in complaint

2. The PPC referral asked me to consider whether there was, by act or omission,

1. A deliberate obfuscation or avoidance by the Chief Minister and/or Deputy Chief Minister and
2. Whether there was an intention by the Chief Minister and/or the Deputy Chief Minister to mislead or misinform the Assembly

in breach of Rule 1 of the Code of Conduct and Practice for Ministers and Assistant Ministers ("the Code")[1].

3. Rule 1 of the Code states that:

"Ministers and Assistant Ministers must always uphold the highest standards of propriety through compliance with the Code of Conduct for Elected Members[2] 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"."

Scope of the Complaint

4. My investigation focused on Rule 1 and in particular the Seven Principles of Public Life, primarily openness and leadership, in my consideration of the inaccurate dates provided by Deputy Moore and the answer provided by Deputy Morel at Questions Without Notice ("QWON").
5. Openness in the Code of Conduct for Elected Members is defined as:

"Holders of public office should be as open as possible about all the decisions and actions that they take. They should give reasons for their decisions and restrict information only when the wider public interest, or rules on freedom of information, data protection or confidentiality clearly demand."

6. Leadership in the Code of Conduct for Elected Members is defined as:

"Holders of public office should promote and support these principles by leadership and example to maintain and strengthen the public's trust and confidence in the integrity of the States and its members in conducting public business."

Matters Arising

7. There was a two-week delay in my initial letters reaching the Chief Minister and the Deputy Chief Minister requesting a written response to the complaint. This was due to my emails being blocked by the Government of Jersey's IT system and internal IT emails being missed on the Jersey side in relation to the IT block. I have been told this issue has been rectified. However, this unfortunately caused a delay in my investigation

Investigation

8. During the course of my investigation, I carried out the following:

• Reviewed the complaint[3]

• Reviewed Hansard of 21 March 2023 States Assembly

• Requested written responses to the complaint from Deputy Kristina Moore , Chief Ministerand Deputy Kirsten Morel , Deputy Chief Minister

• Reviewed written response[4] and evidence submitted by Deputy Moore

• Reviewed written response[5] and evidence submitted from Deputy Morel

• Reviewed media coverage (print and television)

• Interviewed Deputy Moore

• Interviewed Deputy Morel

• Interviewed Deputy Tom Binet , Infrastructure Minister

• Interviewed Ms Suzanne Wylie, CEO Government of Jersey and Head of Public Service

• Interviewed Mr Mark Grimley, Chief People and Transformation Officer

• Interviewed Deputy Sam Mézec , President of the SLC

9. Evidence relied upon to reach my conclusions is included in this report at Appendix A.

Findings of Fact

10. I found the following facts established to the required standard of proof:

Deputy Moore

1. On 14 March 2023, Ms Suzanne Wylie, CEO of the Government of Jersey and Head of the Public Service handed Deputy Moore and Connétable Andy Jehan her notice of resignation letter.
2. On 14 March 2023, Deputy Moore told Deputy Morel , in confidence, about Ms Wylie's notice of resignation.
3. On 15 March 2023, Deputy Moore and Connétable Andy Jehan met with Ms Wylie.
4. Chief People and Transformation Officer ("CPTO"), Mark Grimley, was on annual leave on 14 March 2023.
5. The CPTO came in from annual leave on 17 March 2023 to work on details of the public statement and resignation details.
6. On 20 March 2023, the CPTO officially returned from annual leave and met with Deputy Moore .
7. On 21 March 2023, Deputy Morel stood in for Deputy Moore for Question Without Notice ("QWON").
8. On 21 March 2023, Deputy Moore flew to London for an evening engagement, an invitation she had accepted on 10 March 2023.
9. On 21 March 2023, prior to flying to London, Deputy Moore received information from the CPTO relating to the formalisation and public announcement of the CEO's resignation the next day, 22 March 2023.
10. On 22 March 2023, the public announcement of Ms Wylie's resignation was made.
11. On 23 March 2023, Deputy Moore replied to Ms Wylie's letter of resignation.
12. On 23 March 2023, in a meeting with Deputy Sam Mézec and Deputy Lyndsay Feltham , President and Vice-President, respectively, of the SLC, Deputy Moore incorrectly stated that Deputy Morel had not been aware of the CEO's resignation until 22 March 2023.
13. On 24 March 2023, in an interview to the JEP, Deputy Moore incorrectly stated that she had received confirmation of the CEO's resignation on 22 March 2023.
14. On 27 March 2023, Deputy Moore apologised to the journalist at the JEP and clarified that she had been aware of the CEO's resignation on 14 March 2023.
15. On 27 March 2023 Deputy Moore published a statement on social media which included an apology and a correction of errors she had made in relation to the dates she had previously provided.

16. On 27 March 2023, Deputy Moore called the Chair of the PPC, Connétable Karen Shenton- Stone, and advised her of the errors she had made and the steps she had taken to correct them.
17. On 27 March 2023, Deputy Moore met with Deputy Sam Mézec and apologised to him and corrected her errors.

Deputy Morel

18. On 14 March 2023, Deputy Morel was told, in confidence, by Deputy Moore about Ms Wylie's resignation.
19. On 21 March 2023, Deputy Morel stood in for Deputy Moore at QWON.
20. During QWON, Deputy Morel was asked a question about Health Department staff, and in a supplementary question was asked whether he was aware of any possible future resignations to which Deputy Morel replied that he was not aware of any.
21. On 25 March 2023, Deputy Morel became aware that some States Members believed he may have misled the Assembly.
22. On 27 March 2023, Deputy Morel contacted the Bailiff , Timothy Le Cocq , as Presiding Officer of the Assembly, to get his view on the matter.
23. Mr Le Cocq replied on 27 March 2023, stating that it was objectively reasonable for Deputy Morel to have focussed on the Health Department as it was to that department that the initial question was addressed.
24. On 28 March 2023, Deputy Morel emailed all States Members explaining that the question asked was clearly about Health Department staff and as such, so was his answer.

11. Both Deputy Moore and Deputy Morel were afforded an opportunity to challenge any of the above findings before I finalised my report. Deputy Moore did respond and the first of her two suggested amendments were accepted;[6] the second I did not consider a finding of fact but rather items that I refer to in the evidence section of this report. I did not receive any challenges to the my findings of fact from Deputy Morel .

Evidence

12. The items in this section clarify the evidence in relation to this investigation. It is presented in sections relating separately to the Chief Minister and Deputy Chief Minister for the purpose of clarity.

13. On the 14 March 2023, Ms Wylie asked Deputy Moore and Connétable Andy Jehan , Vice-Chair of the States Employment Board, to meet for a confidential discussion after a Council of Ministers meeting being held that day in Grouville Parish Hall . The meeting was short in duration as there was a public engagement session shortly after the Council of Ministers meeting which they had to attend. Ms Wylie handed Deputy Moore her letter/notice of intended resignation[1], suggested they discuss the details the next day, and asked that the matter be treated as confidential.
14. She met Deputy Morel in the carpark soon after the public engagement session, and told him in confidence that the CEO had given her notice of resignation.
15. The following day, 15 March 2023, both Deputy Moore and Connétable Jehan met with Ms Wylie and it became clear that her decision to resign was final. It was agreed that steps would be taken to plan for the public announcement of her resignation and, at Ms Wylie's request, the Government of Jersey would coordinate its approach with Ms Wylie's new employer and keep the process confidential until the finer details were agreed.
16. The CPTO, Mark Grimley, was on leave and out of the country on the 14 March 2023 when Ms Wylie handed her notice of resignation letter to Deputy Moore and Connétable Jehan . This led to a delay in the negotiation and planning of the finer details and subsequent announcement of the CEO's resignation. Mr Grimley broke his annual leave and came into the office on 17 March 2023 (and additionally over the weekend), officially returning from leave on 20 March 2023, when he met with Deputy Moore to discuss how matters were to be progressed.
17. A States Meeting on 21 March 2023 coincided with an event Deputy Moore was attending in London that evening. She had accepted the invitation on 10 March.[2] Due to this commitment, Deputy Moore had to leave the States Assembly meeting early but had requested the order paper be rearranged so that she might be present for the start of QWON.
18. On her way to London, Deputy Moore received an update and further particulars relating to the formalisation and announcement of Ms Wylie's resignation the next day, 22 March 2023.
19. On the 22 March 2023, the announcement of the CEO's resignation was made; it was planned to be a cascade approach to inform the Executive Leadership Team, States Employment Board, Council of Ministers, States Members and the publicin that order. There was a tweet by Deputy Lyndon Farnham [3] which preceded the planned cascade minutes prior; that leak, I am told by Deputy Moore , is currently being investigated.

20. On 23 March 2023, Deputy Moore replied to Ms Wylie's letter of resignation.[1] On the same day, Deputy Moore met with Deputy Mézec and Deputy Feltham of the SLC. At that meeting, Deputy Moore incorrectly stated that Deputy Morel had not been aware of Ms Wylie's resignation until 22 March 2023.
21. On 24 March 2023, Deputy Moore gave an interview to the JEP and incorrectly stated that she had received confirmation of Ms Wylie's resignation on 22 March 2023. The interview was published on 25 March 2023.[2]
22. On 25 March 2023, Deputy Moore decided that she needed to correct the errors she had made and any misunderstanding they may have caused and to set the record straight. On Monday 27 March 2023, Deputy Moore took a number of steps. She spoke to the journalist from the JEP and apologised for getting the date wrong and confirmed she had received Ms Wylie's notice of resignation on 14 March 2023. She published a statement[3] and video on social media[4] which included an apology and a correction of the dates in question. She called the Chair of the PPC to explain the errors she had made and steps she had taken to correct them. She met with Deputy Mézec , and apologised to him and corrected her errors.
23. In her written response[5], Deputy Moore asserts that her mistakes relating to the dates were: "..borne out of confusion in my own mind caused by the circumstances in which we had been informally notified of the CEO's decision to resign and the way in which the CEO's resignation had later been formally announced on Wednesday 22 March 2023."
24. In her letter to Deputy Mézec on 6 April 2023, and in her public video of 27 March 2023, Deputy Moore stated that the resignation of the CEO was a shock and that she received this news with great regret.[6]
25. Deputy Moore has stated that Ms Wylie's resignation was for personal reasons and also confirmed that the role itself is "long and deep".[7] Ms Wylie's notice of resignation letter points to the need for the role to be redefined. I have no evidence to suggest there were any other reasons for Ms Wylie's departure other than the role itself being overwhelming in scope.

26. The Hansard evidence of the 21 March 2023 States Assembly provides the following exchange[8]:
27. Deputy Morel asserts that after being told by Deputy Moore on 14 March 2023 of Ms Wylie's notice of resignation, he did not hear or speak about it again with Deputy Moore except for when he had checked in with her at one point in the intervening period before the resignation was made public and asked when the resignation would be announced; she informed him that it would be on 22 March 2023.
28. Deputy Morel stood in for Deputy Moore for QWON. From the Hansard excerpt, the QWON related to recent resignations of two senior Health Department leaders; the resignations referred to were high profile and had dominated the news that week. When a follow up question was asked, "Are you aware of any further resignations?" Deputy Morel replied, "Apart from my own, depending on the performance at this particular question time, I am not aware of any".
29. At the time when Deputy Morel was answering QWON, there was another confidential matter involving "without prejudice" conversations in relation to a senior Health Department leader, of which Deputy Morel was aware. Due to this, he said he had expected a question such as was posed (relating to Health).
30. On 27 March 2023, Deputy Moore confirmed that Deputy Morel knew of Ms Wylie's notice of resignation on 14 March 2023; she confirmed that she had told him in confidence that same day. Soon after this, colleagues raised concerns that Deputy Morel had misled them on 21 March 2023 by his answer to the supplementary question relating to future resignations.

31. Deputy Morel stated in his written response[1]:

It is important to note that because I understood myself to have been answering a question regarding the Health Department, it did not occur to me either at the time of answering or in the subsequent days that I might have been seen to have misled the Assembly.

32. On 27 March 2023, Deputy Morel wrote to the Bailiff , Timothy Le Cocq , to seek his view. Mr Le Cocq said he thought it was "objectively reasonable for you to focus your attention solely on the Health Department as it was to that department that the initial question was addressed".[2]
33. In his written response to me[3], Deputy Morel provided evidence relating to the rules surrounding QWON and in particular:

Standing Order 10(1) which states "A question shall relate to one issue only.";

Standing Order 63(4) which states "Any Member of the States may, within the time allowed by the presiding officer for the purpose, ask one or more supplementary questions relating to the subject matter of the question; and

Standing Order 63(7)(b) which sates "the Member's response must be directly relevant to the question asked (or supplementary question, as the case may be).

34. On 28 March 2023, Deputy Morel wrote to all the States Members providing an explanation.[4]Reasoned Decision
35. In carrying out my investigation into the facts of this case, it was important to establish whether there was a motivation for the perceived lack of openness in relation to any actions, decisions or statements made by Deputy Moore and Deputy Morel . The following highlights the reasoning for my decision in respect of the allegations.

Chief Minister, Deputy Kristina Moore

Did the Chief Minister deliberately obfuscate, avoid and/or intend to mislead or misinform the Assembly?

36. Deputy Moore had hoped to be present for QWON on 21 March 2023 at the States Assembly meeting; she had asked for the order paper to be rearranged to facilitate this. As it transpired, things ran on and she had to leave before QWON started due to her engagement in London that evening, an invitation to which she had accepted on the 10 March 2023 prior to Ms Wylie's

resignation on 14 March 2023. I am satisfied that the Chief Minister did not deliberately avoid QWON, nor was there a deliberate attempt to muddy the waters by not being present for QWON.

37. On 21 March, Deputy Moore had not briefed Deputy Morel prior to him standing in for her during QWON on 21 March 2023. That is, Deputy Moore did not advise him to expect a question or ask him to avoid any such question.
38. Deputy Moore provided inaccurate dates on two occasions. The first occasion was on 23 March 2023 when she met with Deputy Mézec and Deputy Feltham of the SLC. At that meeting, Deputy Moore said that Deputy Morel had only been aware of Ms Wylie's resignation on 22 March 2023. This assertion by Deputy Moore was made after the announcement on 22 March 2023. It is important to recall the situation over the ten days leading up to this point. From 14 March 2023, upon receipt of the CEO's notice of resignation (which was not notification of a resignation with immediate effect), Deputy Moore was aware of the CEO's wishes to handle this matter in a sensitive and confidential way. Deputy Moore is required under the Code to balance the requirement for openness with restricting information where confidentiality "clearly demands" such a restriction. Attempting to strike this balance, I believe, contributed to Deputy Moore 's misstatement. When she told Deputy Morel on 14 March 2023 of the CEO's intention to resign, I believe she had some concern as to whether she should have done so given the expectation of confidentiality. While these matters were rightly expected to be kept confidential for the period of time necessary and agreed upon by the parties involved, I do not believe that when Deputy Moore informed Deputy Morel of Ms Wylie's notice of resignation that she was breaching the confidentiality expected; one would expect that the Deputy Chief Minister should be made aware of such matters. I have no evidence to suggest that Deputy Moore had an ulterior motive when she misstated the date on which Deputy Morel became aware of the CEO's resignation.
39. The second inaccurate date provided by Deputy Moore was on 24 March 2023, when she told a journalist at the JEP that she had received written confirmation of the CEO's notice of resignation on 22 March 2023, later correcting this on record to the 14 March 2023. Again, the context is important to understand. Ms Wylie had only been in post for just over a year; Deputy Moore was shocked by her notice of resignation. This sense of surprise and concern by Deputy Moore , in addition to the fast-paced environment of Government, in my view, led to less than clear thinking; essentially the notice of resignation from the CEO sparked a crisis. Mr Grimley being on leave further exacerbated the crisis. Deputy Moore understood the confidential nature of the situation; again, balancing the duty of openness with a duty of confidentiality is important and can (and to my mind, likely did) cause confusion. Whatever the reason for the confusion, it is plausible that the confidential formalisation process from the receipt of the notice of her resignation to the public announcement of the resignation (from 14-22 March 2023), the shock of the CEO's decision to resign, the fast-paced environment where this was all taking place, and the confidential nature of the process, all contributed to Deputy Moore 's unfortunate inaccurate statement of this date. I have received no evidence to suggest there was a deliberate reason for Deputy Moore 's confusion on the date; that is, I have been provided with no other reason nor can I ascertain any advantage to Deputy Moore providing an incorrect date. It is reasonable to conclude that Deputy Moore 's perceived lack of openness in relation to stating these dates was not due to any ulterior motive or

to hide any misconduct of her own in relation to Ms Wylie's notice of resignation but rather a genuine mistake.

40. Deputy Moore admits she made mistakes. She took urgent and thorough corrective action to set the record straight. While, of course, it would have been preferable that she would not have made such mistakes, the approach she took to remedy her mistakes is an example of good leadership. She went on record to state that both assertions were incorrect and apologised to the public, the SLC, the JEP and self-referred to the PPC.
41. I do not believe, on balance, that the Chief Minister set out to intentionally or deliberately mislead or misinform the Assembly when she misstated the dates in question. Nor do I believe she intended to cause such confusion by having done so.

Deputy Chief Minister, Deputy Kirsten Morel

Did the Deputy Chief Minister deliberately obfuscate, avoid and/or intend to mislead or misinform the Assembly?

42. Deputy Morel was informed of the CEO's notice of resignation on 14 March 2023, the same day the CEO had handed her notice of resignation letter to the Chief Minister; Deputy Moore informed Deputy Morel shortly after she received it on the 14 March 2023.
43. It is clear from the evidence that at the time of QWON on 21 March 2023, Deputy Morel knew 1) that Ms Wylie had handed in her notice of resignation; 2) that the matter was confidential; and 3) that the formal announcement of the CEO's resignation would be made the next day, 22 March 2023, in line with the plan of which he was not party to.
44. When Deputy Morel answered the supplementary question during QWON relating to the Health Department, he asserts that he believed he was answering it in relation to the Health Department. Standing Orders at paragraph 32 above relate specifically to QWON; Deputy Morel stated that he answered what he reasonably thought, in line with Standing Orders, was a question relating to further resignations in Health rather than resignations in general. There was speculation that when Deputy Morel joked when asked if he knew of any other resignations  "Apart from my own, depending on the performance at this particular question time, I am not aware of any", that he had interpreted the supplementary question more generally (as he himself is not in Health), and then retrospectively used the Standing Orders as a convenient explanation to his reply being related to Health specifically. I can only consider this on the evidence available to me. Deputy Morel stated that he interpreted it to be a question related to Health and that his joke was to add a bit of light- heartedness to the proceedings. At the time, he contends that he was expecting a question relating to future resignations in Health as there were ongoing "without prejudice" discussions in relation to  a  senior official  in  Health.   Deputy   Morel  asserts  that  he  was  surprised  when  colleagues suspected that he had misled them with his answer and sought clarification form the Bailiff in relation to Standing Orders and offered an explanation via email to States Members.

45. I am satisfied on my analysis of the facts and evidence that, on the balance of probabilities, Deputy Morel believed at the time of answering the follow up question during QWON, and in line with Standing Orders requiring supplementary questions to relate to the subject matter of the question, he was answering the supplementary question in relation to further health resignations rather than further resignations in general.

Report Conclusions

46. I am satisfied, on the basis of my analysis of the facts and evidence, that neither the Chief Minister, Deputy Kristina Moore nor the Deputy Chief Minister, Deputy Kirsten Morel deliberately obfuscated or avoided, or intended to mislead or misinform the Assembly in breach of Rule 1 of the Code of Conduct for Ministers and Assistant Ministers.

Observations

47. As the Commissioner for Standards, a large part of my job is to investigate complaints. Additionally, under article 9(d) of the Commissioner for Standards (Jersey) Law 2017 I can "give advice on any matter relating to standards of conduct of elected members of the States or standards of conduct and practice of Ministers and Assistant Ministers".[1] As is often the case, during the course an investigation items may emerge which, whilst not directly related to proving the allegations of the immediate complaint per se, are nonetheless observations of importance in terms of providing advice on standards of conduct and further promoting standards in public life. The following are such observations.
48. I received this complaint on 31 March 2023. At that point, Deputy Moore had already apologised and set the record straight and Deputy Morel had confirmed he was answering the question posed in relation to the Health Department for which he sought advice from the Bailiff and emailed an explanation to Members. However, both Deputy Moore 's inconsistency surrounding who knew about the resignation of the CEO, when they knew about it and why the dates were misstated and Deputy Morel 's answer to the supplementary question during QWON created much speculation and confusion. Understandably, there were concerns raised by States Members and members of the public as to whether there was more to this story, such as deliberate obfuscation, avoidance and/or an intention to mislead or misinform the States Assembly. For the avoidance of doubt, it is my strong view that the referral by the PPC and subsequent investigation into this matter was in the public interest and in the Government of Jersey's interest.
49. The Seven Principles of Public Life reflect the values the public expects holders of public office to embody, forming the basis of public confidence in government.[2] The principles of leadership, accountability, openness, honestly, selflessness, integrity and objectivity apply to anyone who works as a public office-holder which includes all those who are elected or appointed to public office and all people appointed to work in the Civil Service, among others.[3]Upholding these principles requires those in government to come together to work towards jointly developed goals; this requires trust, transparent and effective communication, accountability, and shared learning. I note in her letter to Deputy Mézec on 6 April 2023, the Chief Minister spoke about her commitment to enhancing working relationships within the Government and stated that: "In terms of positive and constructive working relationships between Ministers and Civil Servants, this is an area I intend to address personally with Ministers and the senior leadership team within the government directly".[4] Importantly, Deputy Moore confirmed in that letter that she, along with other Ministers, would be meeting with leaders in the Civil Service with a view to listening and understanding before then agreeing further actions.

8 June 2023

Dr Melissa McCullough

Pan Island Commissioner for Standards

Annex A

Document 1: Complaint

Privileges and Procedures Committee States Greffe

Commissioner for Standards 31st March 2023

Dear Commissioner

Referral of Chief Minister and

Deputy Chief Minister to Commissioner for Standards

Members of the Privileges and Procedures Committee have had concerns raised to them by numerous sources ranging from fellow States Members to the public regarding the events of the last two weeks in the Island. As it has overarching responsibility to uphold and oversee Members conduct, the Committee has agreed to refer these concerns to you on the Assembly's behalf. Moreover, the Committee feels that it cannot simply ignore the concerns and questions raised by Members on this matter.

On 21st March the Assembly was asked by Deputy Kristina Moore , the Chief Minister to agree for her scheduled period of Question Without Notice to be taken before the other two rostered Ministers as she had to leave the Chamber' later that morning. The Assembly agreed, but due to the appointment process for a new Scrutiny Panel Chair, the timings slipped and so it fell to the Deputy Chief Minister, Deputy Kirsten Morel , to field QWON in the afternoon in the Chief Minister's absence.

During QWON Deputy Morel was asked a question regarding resignations of two officers from Health & Social Services and a follow up question asked whether the Deputy was aware of any further resignations. The Deputy said he was not aware of any. The Hansard exchange is attached.

The next day it was announced that the Government's Chief Executive had resigned. The Chief Minister advised initially that she had been informed the day before (i.e. the 21st), then this was altered to 14th March (the resignation was acknowledged formally in writing on 23rd March). Questions were then raised

as to whether others knew about the resignation in advance and indeed whether Deputy Morel had been aware when he answered the question in the Chamber. Deputy Morel subsequently sent an email to Members clarifying his position (also attached).

This has led to confusion and a sense of distrust, given that there have been conflicting statements, particularly in relation to the timeline of when Ministers were made aware of the resignation. There are questions about whether there has been deliberate obfuscation or avoidance and accusations that there was an intention to mislead or misinform the Assembly by the Chief Minister and Deputy Chief Minister. PPC would very much appreciate your views on this matter.

Yours sincerely,

Connétable Karen Shenton-Stone Chair

Privileges and Procedures Committee

Document 2: Written Response from Deputy Kristina Moore , Chief Minister

Document 3: Written Response from Deputy Kirsten Morel , Deputy Chief Minister

Document 4: Suzanne Wylie, CEO Resignation letter

Document 5: Email Acceptance of London Meeting by Chief Minister

From: Kristina Moore <K. Moore 2@gov.je>

Sent: 10 March 2023 20:57To: Subject: Re: INVITATION: 21 March dinner

Thank you Kate,

The team has done a great job. This is a states day but will be delighted to attend. I will ask David to respond formally on Monday.

Best regards.

Kristina

Sent from Outlook for iOS

Document 6: Deputy Lydon Farnham Tweet

Document 7: Chief Minister Resignation Acceptance Letter

Document 8: Reply from Bailiff , Timothy Le Cocq

Document 9: Email to States Assembly Members from Deputy Morel

Document 10: Letter of 6 April 2023 from Chief Minister to Deputy Sam Mézec

Document 11: Letter from Chief Minister regarding Commissioner Findings of Fact

19-21 Broad Street | St Helier Jersey | JE2 3RR

Dr Melissa McCullough

Pan-Island Commissioner for Standards

BY EMAIL

2 June 2023

Dear Commissioner

Thank you for your correspondence of 25th May 2023.

In respect of the transcript, I confirm that the verbatim excerpts that you will be including in your report are a true record of what I said.

I have some relatively minor comments to make on your findings of fact, which I set out below.

1. In your first finding, I would ask that you consider if it is pertinent to reference that Connétable Andy Jehan was also present when the CEO handed me her resignation letter.
2. Between your finding 13 and finding 14, I ask that you consider making reference to the points I made in paragraphs 29 and 30 of my letter to you dated 28th April 2023. I hope these paragraphs help to explain my own thought process and why I then took the actions you set out in your findings 14 to 17. I think inclusion of these points would provide greater context.

I am grateful to you for offering me the opportunity to comment. Yours sincerely

Deputy Kristina Moore Chief Minister