Skip to main content

Revised Code of Practice for engagement between ‘Scrutiny Panels and the Public Accounts Committee’ and ‘the Executive’ (P.50/2022): amendment (P.50/2022 Amd.) – comments [P.50-2022 Amd.Com.]

This content has been automatically generated from the original PDF and some formatting may have been lost. Let us know if you find any major problems.

Text in this format is not official and should not be relied upon to extract citations or propose amendments. Please see the PDF for the official version of the document.

STATES OF JERSEY

REVISED CODE OF PRACTICE FOR ENGAGEMENT BETWEEN SCRUTINY PANELS AND THE PUBLIC ACCOUNTS COMMITTEE' AND THE EXECUTIVE'

(P.50/2022): AMENDMENT (P.50/2022 AMD.) – COMMENTS

Presented to the States on 21st April 2022 by the Council of Ministers

STATES GREFFE

2022  P.50 Amd. Com.

COMMENTS

The Council of Ministers welcomes the amendments by Senator Vallois as helpful additions, except for the amendment to paragraph 35 to provide for the automatic and unconditional provision of the minutes of the Council of Ministers to Scrutiny Panels.

Ministers appreciate the importance and value of transparency, including ensuring Scrutiny Panels are provided with all the necessary information (Panels are currently provided with all agendas and papers considered by the Council of Ministers, and numerous private briefings).

At the same time, it is widely adopted practise and longstanding principle in Jersey that Council of Ministers "B" minutes are confidential (and the same applied to Committee "B"  minutes  before  ministerial  government).  This  was  recognised  by  the  former Presidents' Committee in discussion with the then Government, when the current Code was last updated and approved by the Assembly in 2018. This is in-line with best practice in the United Kingdom and elsewhere.

It is  crucial that Ministers  can have  forthright and honest discussions  to support decision-making, especially during the live policy development making phase. These discussions should be able to take place without being in any way fettered or influenced by  a  reluctance to  express  thoughts  that Ministers  wish  to share  only  with their Ministerial colleagues.

This confidential safe space supports frank, candid, and open discussions. This includes promoting an environment that encourages uninhibited advice from officials, which is essential.

For  clarity,  whilst  Scrutiny  minutes  are  published,  they  are  significantly  less comprehensive  than  the  official  CoM  minutes.  Realistically,  if  the  full  minuted discussions  of  the  Council  of  Ministers  are  available  to  Scrutiny  Panels,  it  will eventually become the case that these full discussions will no longer happen at the formal meeting and will likely take place in advance. This removal of a safe and confidential space, and  a full record for posterity, would be detrimental to good governance.

It is widely recognised that confidential spaces are beneficial in all sorts of professional environments,  and  in  the  political  sphere,  this  must  be  measured  and  facilitated alongside the need to promote transparency and accountability.

In this case, there are better ways to achieve transparency and accountability, such as action notes, papers, briefings, hearings, questions, etc., without providing full in-depth minutes of ministerial discussions.

While the Council of Minsters understand the likely desire of Panel Members to access all minutes, they would ask that the above arguments are carefully weighed.

Comment under Standing Order 37A

This comment was provided late to the States Greffe due to an administrative delay.

Page - 2

P.50/2022 Amd. Com.