Ministerial offices: reduction.

STATES OF JERSEY

MINISTERIAL OFFICES: REDUCTION

Lodged au Greffe on 12th November 2010 by Deputy P.V.F. Le Claire of St. Helier

STATES GREFFE

2010   Price code: B  P.171

PROPOSITION

THE STATES are asked to decide whether they are of opinion

1. to request the Chief Minister to bring forward for approval by the States the necessary Regulations under Article 29 of the States of Jersey Law 2005 to reduce the number of ministerial offices by –

1. abolishing the ministerial office of Social Security within a period of no more than 5 years and transferring the functions of that office to the Minister for Health and Social Services, the  Minister  for  Treasury  and  Resources  and  any  other Minister or Ministers as deemed appropriate;
2. abolishing the ministerial office of Housing within a period of no more than 3 years and transferring the functions of that office  to the  Chief  Minister,  the  Minister  for  Health  and Social  Services  and  any  other  Minister  or  Ministers  as deemed appropriate;

2. to request the Privileges and Procedures Committee, in consultation with the Chairmen's Committee, to bring forward for approval the necessary  amendments  to Standing  Orders  to establish  a  revised structure of scrutiny panels to reflect the revised ministerial structure.

DEPUTY P.V.F. LE CLAIRE OF ST. HELIER

REPORT

I would like to see a smaller system of Government which is more accountable to the public of Jersey. In these difficult times of global recession and curtailing of public services, it is now that we should be reducing our machinery of Government and its structures to better reflect what we do. It is also a good opportunity to create more synergy between services and the public by reducing the number of departments. I believe there are a number of areas which we have recently seen brought to our attention where Ministers share out their budgets into other Ministers' portfolios so that similar aims and objectives can be achieved. No more so than in Social Security, where  we  are  constantly  seeing  the  merge  of  duties  and  responsibilities  of  that department integrating with the needs at Health and Social Services. The crossover with the duties of fund management in pension issues would also be in my mind better placed within those of the Treasury as indicated by Deputy Gorst in the States himself, most recently.

I  appreciate  that  the  Minister  for  Housing  has  a  plan  to  move  forward  with  an association, this will need careful scrutiny, but I also believe, with the Population Office, for example, situated within the Chief Minister's Department, there is an opportunity  to  merge  some  functions.  Transferring  the  property  portfolio  into  an association, with perhaps critical elements of social housing being managed by Health and Social Services, will see a better and more sustainable use and provision in that important area, in my opinion.

If you speak to the Ministers, many of them will tell you that we are moving towards this objective, with some believing we can reduce Ministerial Government down to 7 departments. It is, of course, a matter for the Ministers to do whatever they wish, whenever they want, and we can only be politely invited as States members to be a party to many of their decisions. It is therefore going to be a matter for the Council of Ministers. Their comments no doubt will be critical. I expect them to be. They don't like being told what to do or when to do it. It's human nature after all. I don't suppose there will necessarily be that much appetite from other Ministers to take on the work or for their departments to do more either. 3.30 on a Friday afternoon is still 3.30 on a Friday afternoon after all!

It  is,  however,  our  opportunity  as  States  members,  during  the  debate  on  this proposition, to set them a target of smaller Government and less bureaucracy. There will  be  less  BlackBerries  and  less  bureaucracy.  There  will  also  be  a  clear demonstration to the public that we are prepared to reduce the size of the States as so many have promised to do and so many more have asked us to. I have repeated this proposal verbally in many debates, throughout the last 3 years of the States, and I know some members will be keen to join me in demonstrating to the public we are willing to travel the same path as we are asking the public as individuals, private sector as businesses and NGOs to go on. A path that is clearly difficult, with some pain attached, but for the long-term benefit of us all.

I will not labour over this report as States Members understand what it is I am asking them to agree to. The difficult job I am asking them to set upon the Council of Ministers, and the demonstration to the electorate that we are listening, will be a matter for each of them to decide on the day. There are now going to be 8 Senators and there is every reason why there should also be 8 Ministerial departments.

Financial and manpower implications

There are no financial or manpower implications for the States arising from this Proposition. In fact there will be considerable savings in achieving better synergy and smaller Government. If I had advocated a larger structure that began new functions that would have implications that would cost more.

APPENDIX

Article 29 of the States of Jersey Law 2005

29  Powers to move Ministers and to change Ministerial offices

1. The Chief Minister may, subject to the approval of the States, move a Minister from one Ministerial office to another.
2. The States may by Regulations –

1. establish and abolish Ministers;
2. determine the name by which any Minister shall be described;
3. confer functions upon a Minister;
4. transfer all or any of the functions exercisable by one Minister to another Minister; and
5. direct that the functions exercisable by any Minister shall be or shall cease to be exercisable concurrently with another Minister.

3. Regulations  made  under  paragraph (2)  may  contain  such  incidental, consequential,  supplemental  and  transitional  provisions  as  may  be necessary  or  expedient  for  the  purpose  of  giving  full  effect  to  the Regulations, including provisions –

1. for the transfer of any movable property held, any rights enjoyed and  any  liabilities  (whether  civil  or  criminal)  incurred  by  the Minister in connection with any function transferred, including any such  rights  and  liabilities  in respect  of  which,  at  the  time  of transfer, no claim has been made or no proceedings have been commenced;
2. for the carrying on and completion by or under the authority of the Minister  to whom  functions  are  transferred  of  anything commenced,  before  the  Regulations  have  effect,  by  or  under authority of the Minister from whom the functions are transferred;
3. for  the  amendment  of  enactments  relating  to any  functions transferred  or  to any  Minister  who  is established,  abolished  or renamed;
4. for the construction of enactments of the United Kingdom having effect  in Jersey  relating  to  any  functions  transferred  or  to any Minister who is established, abolished or renamed;
5. for the construction and adaptation of any instrument, contract or legal proceedings made or commenced before the Regulations have effect;
6. where  such  Regulations  establish  or  abolish  Ministers,  for  the amendment  of  Article 18(1)  so  as  to increase  or  decrease  the number of Ministers there mentioned; and
7. where such Regulations establish or abolish Ministers or determine the  name  by  which  any  Minister  shall  be  described,  for  the consequential amendment of standing orders.

4. Only the Chief Minister may lodge draft Regulations to be made under paragraph (2).
5. In this Article, "Minister" includes the Chief Minister.