Environment and Public Services - establishment of Ministers and Departments

STATES OF JERSEY

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ENVIRONMENT AND PUBLIC SERVICES: ESTABLISHMENT OF MINISTERS AND DEPARTMENTS

Lodged au Greffe on 21st June 2005 by the Policy and Resources Committee

STATES GREFFE

PROPOSITION

THE STATES are asked to decide whether they are of opinion

to re f er to their Act dated 24th July 2002, in which inter alia they agreed that following the introduction of

the ministerial system there should be an Environment Department and a Public Services Department, both headed by a minister, and to vary that decision as follows –

(a ) to agree that there should be a Minister and Department for Planning and Environment, with the

responsibilities as described in Appendix  1 of the report of the Policy and Resources Committee dated 20th June 2005;

(b  ) to agree that there should be a Minister and Department for Transport and Technical Services,

with the responsibilities as described in Appendix  2 of the report of the Policy and Resources Committee dated 20th June 2005.

POLICY AND RESOURCES COMMITTEE

Notes: 1. T h e Environment and Public Services Committee's comments are to follow.

2 .  T h e Economic Development Committee supports this proposition as providing useful clarification

of which Ministry will have responsibility for on-Island and off-Island transport policy.

3 .  T h e Home Affairs Committee's comments are to follow.

4 .  T h e Finance and Economics Committee's comments are to follow.

REPORT

1. I n t roduction

1. T h e Policy and Resources Committee, working jointly with the Environment and Public Services Committee,has carried out a review of the proposed responsibilities of the Minister for the Environment and the Minister for Public Services in the ministerial system of government. Both Committees are supportive of the decision that wastakenby the States when it approved the report and proposition on the Machinery of Government: Proposed Departmental Structure and Transitional Arrangements' (P.70/2002, as amended), including the general allocation of responsibilities in respect of the EnvironmentandPublicServicesMinistries.TheCommittees believe, nonetheless, that it wouldbe desirable for there to be an adjustment to the list of responsibilities in order to make it clear that responsibility foron-islandtransport policy shouldrest with a singleminister.
2. T h e Committees have also reviewed the proposed names for the Environment and Public Services Ministries, anddonot believe that these give an accurate reflection of the true scope and natureof their work. It is accordingly proposed that they should be renamed as the Minister and Department for PlanningandEnvironment', and the Minister andDepartmentfor Transport and TechnicalServices'.
3. T h e background to the Committees' review, together with the reasons for the proposed changes, is explained below.

2. B a c kground

1. O n 24th July 2002 the States approved a report and proposition of the Policy andResourcesCommittee on the Machinery of Government: Proposed Departmental Structure and Transitional Arrangements'(P.70/2002, as amended). In so doing the States agreed that that there would be ten departments ofgovernment in the ministerial system, eachheadedby a minister, asfollows –

(i ) C h i e f Minister's Department, (i i) E c o n omic Development,

(i ii ) E d u c ation, Sport, and Culture, (i v ) E n v i ronment,

(v ) H e a l th and Social Services,

(v i ) H o m e Affairs,

(v i i) H o u sing,

(v i ii ) P u b lic Services,

(i x ) S o c i al Security,

(x ) T r e a sury and Resources.

2. It wasemphasizedin the reportaccompanying the proposition that individual ministers shouldbe held responsible for a particular areaor department ofgovernment, and reference was made in paragraph 2.5 to 3 key principles that wereto be taken into accountinunderpinning the new system ofgovernment –

• c l ea r accountability, at ministerial level, for defined functions and areas of public service as perceived by the community at large;

• a n   a ppropriate separation of regulatory and operational functions;

• a n   a ppropriate separation of client' and contractor' functions within the public service.'

T h e overall guiding principle, in the Committee's view, was the extent to which its proposals will

maintain and enhance the current level of service to the public.'

3. T h e States agreed that theEnvironmentDepartment would have responsibility for the following areas –

• e n v ironmental policy and regulation, except those functions presently undertaken by the Environmental Health Department;

• e n v i ronmental aspects of energy and transport policy;

• e n v i ronmental services and habitat management;

• l a n d use policy and regulation;

• p l a n ning and development control;

• b u i ld ing control;

• h i st o ric buildings;

• w at e r resources regulation;

• w as t e management regulation.

4. In relation to the PublicServicesDepartment, the States agreed that it would have responsibility for the following functions –

• w  as t e management operations (including sewage disposal, drainage etc.);

• w  at e r resources operations;

• c i v il engineering design services;

• m  u n icipal operations, e.g. parks, gardens, open spaces;

• s tr e e t cleaning;

• b e a c h cleaning;

• m  a in tenance of sea defences;

• f o o tp ath and land management;

• m  a n agement of public transport contracts;

• m  a in roads maintenance and management.

5. T h e States also decided that duringthe transitional period, leading up to the introduction of the ministerial system, thenumberofcommittees should bereduced from 25to14, and that these would include a single committee with accountability forthe responsibilities of both thePublicServices Committee and the (then) Planning and EnvironmentCommittee. In its report accompanying P.70/2002, the establishmentof an Environment and Public Services Committee was justified on the following grounds –

T h e C  o m m  ittee draws particular attention to the need to aim towards two quite separate and distinct Environment and Public Services Departments. It has concluded that any transitional arrangements must create a mechanism for achieving this aim, as to maintain two committees would be likely to perpetuate the existing problems.

T h e p r o p o s a l is, therefore, that one transitional committee be formed when the States are reformed

at the end of 2002, and for that single committee to have accountability for the responsibilities of both the present Public Services and Planning and Environment Committees. However, that committee will also have a very clear remit to identify and separate out the functions of the two departments in a different form and in line with the principles set out in this report; so that when the move to ministerial government is made, two distinct departments can be created. This transitional committee will also have to work with other States committees, which will retain residual environmental policy and regulatory functions, to arrange the transfer of those functions to the new Environmental Department when it is formed.' (paragraphs 6.5 and 6.6).

6. T h e report accompanying P.70 alsonoted that there were a numberofimportant details tobe considered during the transitional period, including the need to ensure that the best and most effective use is made of the relatively small number of expert officers currently in both the Planning and Environment Department and the Public Services Department'. The report wentontonote that the Heads of the Environment and Public Services Department, working with the Chief Executive – will need to give detailed consideration to all the practicalities and operational issues with a view to their resolution in a pragmatic manner within available resources' (paragraph 4.5.5).

7. T h e transitional arrangementscame into effectinDecember2002, and since that time the Environment and Public Services Committee hasbeenworkingonthetasks identified in P.70/2002. This workhas included the transfer to the Committee of a range of functions from the Economic Development Committee, including responsibility for the Pesticides Law and the Sea Fisheries Law, which was approved by the States on 16th November 2004 (P.137/2004). The Committee has also made arrangementsfor the clear separation offunctionsto take effect withtheintroductionof the ministerial system.

3. T r a nsport Policy

1. T h e Environment and Public Services Committee, working jointly with the Policy and Resources Committee,hasreviewedthe proposed responsibilities of the Environment and PublicServicesMinisters as setout in P.70/2002.Asnotedin the introduction, both Committees are supportiveofthe general allocation of responsibilities that was approved by the States, butconsider that it would be desirable to make anadjustmentto make it clear that responsibility for on-islandtransport policy shouldrest with a single minister.
2. T h e current position, as agreed inP.70/2002,is that responsibility for environmental aspects' of transport policy will rest with the Environment Minister. Itis difficult, however, to draw a clear distinction between environmental' and other aspects of transport policy, and indeed all transportpolicies could besaid to have environmental implications. Thereis a further difficulty in that P.70/2002 states that the Economic Development Minister will have a responsibility for transport policy, including the functions of the former JerseyTransport Authority. However, this is intended to applytooff-Island transport policy (i.e. aviation and maritime transport), andcan therefore be treated separately from on-Islandtransport policy.
3. I t is accordingly proposed that responsibility for on-islandtransportpolicyshouldrest with a single minister, as this will provide forclear political accountability and leadership in this importantareaof Island life. This is seenasbeing very much in line with the principle in P.70/2002 that thereshouldbe clear accountability, at ministerial level, for defined functions and areas of public service as perceived by the community at large.'
4. T h isdoesnot mean that transport policy will betreated in isolation from otherconsiderations.Onthe contrary, any transport policy will need to take into account all the relevant factors, including environmental, social, financial, and technical considerations, and this will involve working across ministerial and departmentalboundaries.Oneof the benefits of the current transitional arrangementsat Environment and Public Services is that a robust framework has been developed at officer level to support policy development, and this has involved other departments such as Housing and Health and Social Services.
5. T a king into account the rangeof responsibilities that is currently proposed for theEnvironmentand Public Services Ministers, together with other related ministries, it is proposed that the most natural home for transport policy shouldbe with the Minister for Public Services. This department already has the technical expertise to support thedevelopmentof transport policies, working in conjunction with other departments including the EnvironmentDepartment.
6. R e sponsibility for the Driver andVehicleStandardsDepartment(DVS) currently rests with theHome Affairs Committee,and it issuggested that discussionsshould take place with that Committee in orderto establish whether there shouldbeanychangesin this respect.Anyspecificproposals arising from these discussions can be brought forward for consideration by the States in due course, following the introduction of the ministerial system.
7. U n der the revised arrangements,the responsibility for off-Island transport policy,including the functions of theformerJerseyTransport Authority, will remain with theEconomicDevelopment Minister. To avoid any potential confusion with the role of Public Services, it is proposed that the list of responsibilities inAppendix 2 of P.70/2002 in respect ofEconomicDevelopmentshouldbeamendedto

state off-Island transport policy and the functions of the former Jersey Transport Authority'.

4. P r o posedchangeof titles

1. T h e opportunity has been takento review the proposed namesof the two ministries. It is considered that the current titles ofEnvironment' and Public Services' do not give anaccurate reflection of the true scopeandnatureof their work, andtwo new titles areproposed.
2. In relation to theproposed Minister andDepartment for the Environment, it will benoted that planning will play animportant part intheirwork, both at a political and anoperational level. It is accordingly recommended that the name of the Minister and Department should be changed toPlanning and Environment'.
3. In respect of Public Services', it is considered that this title does not properly convey the work that will be carried out by the department.Indeed,the words public services' could be applied to virtually anyof the services provided by the States, as they are all services to the public in one form oranother.Itis accordingly recommended that a more descriptive title should be adoptedwhich will better reflect the scopeandrangeoftheMinister'sandDepartment'swork,namely Transport and TechnicalServices'.

5. I m  plementation

1. S u bject to the approval ofthe States, the proposed changes of responsibilities and titles will take effect in December 2005, atthetimeoftheintroductionof the ministerial system.
2. S ta tes members will recall having recently approved a largenumberof general amendments to legislation that are required inorder to give effect to the States decision tomove from a committee to a ministerial system (the States of Jersey Amendmentsand Construction Provisions) (Jersey)Regulations, adopted by the Stateson 24th May2005).The only remaining set ofamendmentsconcerns the functionsof the current Environment and Public Services Committee,and these will be tabled for consideration by the Assembly at anearlyopportunity.As with the other general amendments recently approved bythe States, these amendments are consequential upon the States decision of September 2001 to move to a ministerial system ofgovernment,and they also take into accountthe proposed changes in responsibilities and titles described in this proposition.
3. T h e generalamendmentsdonotcover the process for dealing with planning applications, and this will be the subject of a separateamendment to the Planning Law,whichwill shortly be lodged au Greffe' by the EnvironmentandPublic Services Committee.

6. F i n ancialandmanpower implications

6.1 T h e financial and manpower implications of this proposition are not considered to be significant.

7. C  o nclusion

7.1 T h e Policy and Resources and Environment and Public Services Committees believe that the proposed designation of a Minister with responsibility for on-Island transport policy will provide clear political accountability in an important area of Island life. Greater clarity should also be provided by the proposed change in titles to Planning and Environment' and Transport and Technical Services'.

20th June 2005

Planning and Environment Minister

The Planning and Environment Minister will be supported by a Department and will have responsibility for the following areas –

• e n v i ronmental policy and regulation (including agricultural inspection), except those functions presently undertaken by the Environmental Health Department;

• w  as t e management regulation;

• e n v i ronmental aspects of energy policy;

• e n v i ronmental services and habitat management;

• l a n d use policy and regulation;

• p l a n ning and development control;

• b u i ld ing control;

• h i st o ric buildings;

• w  at e r resources regulation;

• m  e te orological services;

• v e t er inary services;

• s e a f isheries.

Transport and Technical Services Minister

The Transport and Technical Services Minister will be supported by a Department and will have responsibility for the following areas –

• w  as t e management policy (except regulation);

• w  as t e management operations (including sewage disposal, drainage etc.);

• w  at e r resources operations;

• o n - Is land transport policy;

• c i v il engineering design services;

• m  u n icipal operations, e.g. parks, gardens, open spaces;

• s tr e e t cleaning;

• b e a c h cleaning;

• m  a in tenance of sea defences;

• f o o tp ath and land management;

• m  a n agement of public transport contracts;

• m  a in roads maintenance and management;

• p u b l ic car parking.

Under these revised arrangements, the responsibility for off-Island transport policy, including the functions of the former Jersey Transport Authority, will remain with the Economic Development Minister. To avoid any potential confusion with the role of Transport and Technical Services, the list of responsibilities in Appendix 2 of P.70/2002 in respect of Economic Development will be amended to state off-Island transport policy and the functions of the former Jersey Transport Authority'.