Greffier of the States: consent to appointment.

STATES OF JERSEY

GREFFIER OF THE STATES: CONSENT TO APPOINTMENT

Lodged au Greffe on 25th August 2015 by the Privileges and Procedures Committee

STATES GREFFE

2015   Price code: C  P.101

PROPOSITION

THE STATES are asked to decide whether they are of opinion

in accordance with the provision of Article 41(3) of the States of Jersey Law 2005, to consent to the appointment of Dr. Mark Egan to the office of Greffier of the States for a period of 5 years in replacement of the present officeholder, Mr. Michael Nelson de la Haye, O.B.E.

PRIVILEGES AND PROCEDURES COMMITTEE

REPORT

Article 41(3) of the States of Jersey Law 2005 provides that the Greffier of the States is appointed by the Bailiff with the consent of the States.

The present Greffier, Mr. Michael de la Haye, O.B.E., will leave office on 18th December 2015 and the recruitment process to identify a successor to him has now been completed.

As the States of Jersey Law 2005 specifies that the Greffier is formally appointed by the Bailiff , after the States have given their consent, the Bailiff led the appointment process,  and  the  process  was  overseen  and  agreed  by  Dame  Janet  Paraskeva, Chairman of the Jersey Appointments Commission. The approach to advertising and selection was agreed by the Bailiff , Dame Janet Paraskeva and the Human Resources Department. It was agreed that the position should be advertised on-Island and an advert was published in the Jersey Evening Post on 11th June 2015. It was also agreed that the parliaments and assemblies across the United Kingdom and other Crown Dependencies should be approached to ensure the vacancy was made available to staff for their consideration. The vacancy details were provided to the following –

The House of Commons;

The House of Lords;

Scott ish Parliament;

Northern Ireland Assembly; National Assembly for Wales; Isle of Man;

Guernsey.

There were 16 applicants, 8 of whom were locally qualified and 8 who were from outside  the  Island.  The  8 candidates  from  outside  the  Island  were  all  from parliamentary bodies as listed above.

A shortlisting meeting was held by the Bailiff , the Chairman of PPC, the Clerk of the Tynwald  (specialist  adviser),  and  the  Director  of  Employee  Relations  and Organisational Development from the Human Resources Department. The meeting was  moderated  by  Dame  Janet  Paraskeva,  Chairman  of  the  Jersey  Appointments Commission. All candidates were considered via a shortlisting form to rank their applications. Five candidates who most closely met the essential and desirable criteria for the role were chosen for interview. The interviews took place on 22nd July and 3rd August in Jersey. The Appointments Commission representative was Louise Read to ensure consistency, given Dame Janet Paraskeva was unavailable on 3rd August.

The interview process followed the same format for all candidates and consisted of a 45 minute in tray' exercise, a 45 minute written report on an unseen topic, and a one hour structured interview. A full assessment of the 5 candidates took place on 3rd August after the final interview when candidates were ranked, and Dr. Egan was selected as the most suitable to recommend for appointment. The criteria considered were as shown in the job description which is attached for information at Appendix 2. The selected candidate was the unanimous choice of the Panel after full and frank discussion.

The process was overseen and moderated by Louise Read on behalf of the Jersey Appointments Commission, and she was content that the process and outcome met the terms of the Appointment Commission code.

The post has been offered to Dr. Egan on a fixed 5 year contract basis and it is also subject to a 6 month probation period. The full salary level for the position will not be achieved until after one year in post, subject to satisfactory performance.

Dr. Egan's CV is attached at Appendix 1. Financial and manpower implications

Dr. Mark Egan will replace the current postholder, and there are therefore no new financial or manpower implications arising from this proposition.

APPENDIX 1

Dr. Mark Egan

Current roles

Deputy Head of the Table Office

• Leader  of  a  team  of  7 clerks  responsible  for the  tabling  of parliamentary questions and motions, in a fast-moving, highly political environment.
• The main part of the role is to edit material received from MPs, advising on wording and tactics to ensure that parliamentary rules are not broken and to help MPs achieve their aims. The volume of work is high (250+ questions each day) with direct, often challenging, interactions with MPs each day.
• Led office preparations for the general election.

Fast-Stream Talent Management for the Commons (jointly with a colleague)

• Responsible for recruitment, training, placement planning and future strategy for the fast-stream scheme.

Other current duties

• Secretary of the History of Parliament Trust, a charitable trust overseeing one of the UK's largest historical research projects
• Diversity champion for the Chamber Business Directorate. Leading work on flexible working and recruitment of BME staff.

Previous roles in Parliament

Leader of team preparing for the creation of a new Parliamentary Digital Service (April 2014 – April 2015, full-time June – October 2014)

• Led a team of 9 senior officials drawn from across the 2 Houses in a project to set  up  a  new  Parliamentary  Digital  Service,  reporting  to  the  Accounting Officers of the Commons and the Lords
• Prepared  papers  for  the  Commons  and  Lords  management  boards  on  all aspects  of  the  creation  of  the  new  Service,  particularly  governance,  the structure of the Service, and options for Parliament's first digital strategy
• Developed the job descriptions for the new roles of Director of the Digital Service and Chief Technology Officer
• Developed and now lead the change management process for staff across both Houses most directly affected by the change, including TUPE transfers
• Led on induction for the new Director.

Commons leader of a review of cyber-security governance in Parliament (reported in January 2015)

2010–2014: Clerk of the Transport Select Committee

• Head  of  secretariat  for  one  of  the  House  of  Commons'  busiest  select committees
• Daily liaison with Committee Members, particularly the Chair, and senior stakeholders across all transport modes
• Responsible for helping the Committee decide on its strategy (including media and outreach) and work programme, and implementing that strategy
• Responsible for all aspects of the Committee's work, including its reports
• Committee's adviser on procedural matters. Responsible for ensuring that the Committee complied with the House's Standing Orders and followed best practice in all aspects of its work.

2007–2010: Commons Clerk of the Joint Committee on Human Rights

• Led diverse team of lawyers and administrative staff from both Houses of Parliament in working for very active and challenging Committee.

2006–2007: Second Clerk, Home Affairs Committee 2005–2006: Clerk in charge of Private Members' Bills

• One of the senior clerks in the Public Bill Office, with responsibility for all aspects  of  Private  Members'  Bills  (including  drafting  when  necessary), divisions and procedural guidance to colleagues.

2003–2005: Private Secretary to the Clerk of the House of Commons

• Private Secretary to the House's chief executive and chief procedural adviser
• Assistant Secretary to the House's management board
• Secretary  of  the  House's  Audit  Committees  and  of  various  internal management groups.

2001–2003: Clerk in charge of Private and Hybrid Bills

1999–2001: Second Clerk, Treasury Committee

1997–1999: Second Clerk, Trade and Industry Committee

Academic career

2003: Management Diploma (with distinction) from University of Kent (part-time) 2001: DPhil (Oxford) in politics

1994: BA (Hons), First Class (Oxford) in Philosophy, Politics and Economics

APPENDIX 2

Greffier of the States – Job Description (updated August 2014) Job Title:  Greffier of the States

Reports to:   Bailiff of Jersey

Accountable directly to the States Assembly

ROLE PURPOSE

1. To act as Clerk to the States Assembly as required by Article 2 of the States of Jersey Law 2005 and to fulfil all requirements of this office as set out in the 2005 Law and the Standing Orders of the States of Jersey.
2. As chief officer, to provide strong and effective leadership to the States Greffe to ensure that the department provides an effective and efficient service to the States Assembly, its committees/panels, the Bailiff and Deputy Bailiff and all individual States members.
3. To be the principal adviser on all matters relating to the procedures of the States Assembly and, in this capacity, to provide accurate and timely advice as required  to the   Bailiff  and   Deputy   Bailiff ,  the  Council  of  Ministers,  the Privileges and Procedures Committee, scrutiny panels/the PAC, all individual members of the States and States departments.
4. To attend all meetings of the Corporate Management Board (CMB) and, in this capacity, to act at all times to secure the best interests of the Island and the States and –

• promote the most effective, efficient and economic delivery of services and policies;
• support the development and implementation of the States Strategic Plan;
• seek to engage the public, clients and other stakeholders in the work of the States and to promote the Island at every opportunity;
• help to enhance the recognition and reputation of the States.

PRINCIPAL ACCOUNTABILITIES

1. Role as Greffier of the States (Clerk to the States Assembly)

1. Attend all meetings of the States Assembly and fulfil the functions of Clerk during the proceedings including giving advice to the Bailiff or Deputy Bailiff on  matters  of  procedure  arising  during  each  meeting  to ensure  that  the procedures  of  the  States  are  observed.  Ensure  that  the  Order  Paper  is published  accurately  and  according  to  the  statutory  deadline  before  each States meeting and, at the conclusion of each meeting, to produce the States Minutes as the official record of the decisions and ensure that an accurate Hansard' record of the proceedings of the Assembly is published within 3 working days.
2. In the absence of the Bailiff and Deputy Bailiff , preside over meetings of the States Assembly as required by the Bailiff , with or without prior notice, and undertake  all  functions  of  Presiding  Officer  in this  role  including,  in particular, dealing immediately and correctly with all points of order and other matters of procedure raised during the proceedings.
3. Provide timely and accurate advice on the procedures of the States to the Bailiff and Deputy Bailiff , all Assembly committees/panels, States members and States departments, and advise on the wording and form of propositions, reports, questions and other matters to be brought to the States to ensure that they comply with Standing Orders and to act, as required, on behalf of the Bailiff in approving questions and propositions prior to their submission to the States.
4. Attend all meetings of the Council of Ministers to provide advice on all aspects of States Assembly procedures and to advise Ministers on matters such as the appropriate wording for propositions and amendments and the appropriate scheduling of States debates.
5. Act  as  principal  adviser  to the  Privileges  and  Procedures  Committee  by attending  all  meetings  of  the  Committee  and  by  preparing  reports  and undertaking research into the matters covered by the Committee's terms of reference under Standing Order 128.
6. Advise  the  Scrutiny  Chairmen's  Committee  and  attend  meetings  of  the Committee as required to provide advice and guidance on the operation of the scrutiny function.
7. Manage the publication and distribution, to appropriate quality standards, of all  official  publications  (primarily  propositions/amendments,  comments, reports, Laws, Regulations and Orders) and arrange for such publications to be made  available  through  the  States  Assembly  Information  Centre  (States Bookshop)  and  on  the  States  Assembly  website  in  accordance  with  the statutory requirement in Standing Order 170 to maintain and publish official publications on this website.

8. Maintain strong links with Clerks of other legislatures, particularly in the Commonwealth  and  the  French-speaking  world,  in  order  to maintain  and develop an in-depth knowledge of parliamentary procedures and to provide information to other jurisdictions as requested about the work and procedures of  the  States  Assembly.  Act  as  Secretary  of  the  Jersey  Branches  of  the Commonwealth Parliamentary Association and the Assemblée Parlementaire de la Francophonie, arranging meetings, conferences and attending events as required by the Jersey Branches.
9. Investigate complaints received under the Administrative Decisions (Review) (Jersey) Law 1982 to determine, in consultation with the Chairman of the States of Jersey Complaints Panel, whether complaints against Ministers and departments should be referred to a Complaints Board; and to provide support and guidance to the Chairman, Deputy Chairmen and members of States of Jersey Complaints Panel.
10. Attend all meetings of the States Members Remuneration Review Body as the sole  officer  supporting  the  independent  Review  Body,  providing administrative support and guidance to the Review Body in its work.
11. Act as corporate officer of the States in legal matters as required, including attending each Friday afternoon in the Royal Court to pass public property contracts  and  by  signing  certain  contractual  and  other  documentation  on behalf of the States and by accepting service of summonses from the Viscount on behalf of Ministers and departments in accordance with the provisions of Rule 5/9 of the Royal Court Rules.
12. Undertake a quality assurance of all draft ministerial decisions through the LiveLink system and advise States departments on changes required to ensure that  ministerial  decisions  are  clear  and  in accordance  with  all  relevant legislation  and  procedures.  Ensure  that  all  matters  recorded  in Part B  of minutes  and  ministerial  decisions  are  properly  exempt  from  disclosure  in accordance  with  the  Code  of  Practice  on  Public  Access  to Official Information.

2. Role as Chief Officer of the States Greffe

1. As chief officer, provide strong leadership to the States Greffe; lead and direct the  States  Greffe  management  team  to ensure  that  all the  department's functions  are  carried  out  appropriately  and  efficiently.  Set  priorities  and targets for staff, motivating and developing them to enable the States Greffe to operate in a professional and effective manner in the service of the States Assembly,  committees/panels,  the  Council  of  Ministers,  Ministers,  States departments and all States members.
2. As Accounting Officer be responsible for the propriety and regularity of the public  finances;  for  keeping  proper  accounting  records,  for  prudent  and economical administration; for the avoidance of waste and extravagance; and for the proper use of all resources.

3. Lead the review, analysis and strategic planning of the States Greffe which includes planning, managing and co-ordinating the financial, human, physical and  IT  resources  of  the  department  to ensure  the  provision  of  effective services at all times.
4. Maintain the risk register for the States Greffe and implement an effective risk management system for the department and the States Assembly to ensure the consistent and uninterrupted delivery of services at all times.
5. Ensure that the States Greffe complies at all times with the principles of good governance and with all statutory provisions and corporate States of Jersey policies on matters such as human resource management, IT security and procurement, so that the department and the States of Jersey's interests are protected.

3. Role in relation to Corporate Management Board

1. Attend all meetings of the Corporate Management Board as a de facto full member of CMB.
2. Participate in the consideration and development of policy and management issues for subsequent consideration by the Council of Ministers.
3. Participate in the co-ordinated management of the public service within the policy framework established by the Council of Ministers.
4. Participate in specific corporate projects and initiatives as agreed with other members of CMB and the Chief Executive to the Council of Ministers.

DEPARTMENTAL CONTEXT

The States Greffe plays a key rôle at the centre of public administration in Jersey. The principal services provided by the department can be summarised as follows –

• to  provide  all  administrative  support  for  the  States  Assembly  as  a parliamentary body;
• to give procedural advice to the Bailiff and Deputy Bailiff , all members of the States, the Council of Ministers, Ministers and Departments;
• to  provide  advice  and  services  to  members  of  the  States  and  manage members' facilities;
• to provide, through the Clerks' Section, a range of administrative and advisory services for the Council of Ministers and a wide range of other committees, panels and other bodies;
• to  undertake  research,  the  preparation  of  reports,  policy  development  and provide  executive  support  and  general  assistance  to  the  Privileges  and Procedures Committee;

• to  provide, through  the  Scrutiny  Section,  all  administrative  and  executive support to the Chairmen's Committee, the Scrutiny panels and the Public Accounts Committee;
• to provide an administrative service to inter-parliamentary bodies including the Commonwealth Parliamentary Association, Assemblée Parlementaire de la Francophonie and the British-Irish Parliamentary Assembly;
• to provide an advisory service in relation to the preparation of draft ministerial decisions and to provide training events for officers of States departments on States' procedures;
• to publish and disseminate all official publications; to edit and publish the Official Report (Hansard');
• to provide a range of information to the public through the States Assembly Information Centre, the States Assembly website, information leaflets and publications such as Scrutiny Matters' as well as organising a number of public engagement events at exhibitions, etc.;
• to publicise the work of the Assembly to young people through school visits, scrutiny events in secondary schools and the Annual Youth Assembly;
• to run publicity campaigns in advance of all public elections to encourage Jersey  residents  to  register  and  to  vote,  to  oversee  the  publication  of  a manifesto  brochure for  distribution  to  all  households  and  to  maintain the vote.je website as a resource for all election information;
• to act as custodian of official records;
• to maintain the Register of States members' Interests;
• to provide administrative and executive support to certain statutory bodies including  the  Criminal  Injuries  Compensation  Board,  Complaints  Panel, Emergencies Council, States Members Remuneration Review Body and other ad hoc bodies such as Committees of Inquiry and the Electoral Commission;
• to operate the corporate messenger service.

DEPARTMENTAL DIMENSIONS

The Greffier of the States is responsible and accountable as Accounting Officer for the entire budget of the States Assembly and its services. For 2014 the total budget is as follows -

Income  £90,400 Expenditure  £5,275,100 Net revenue expenditure  £5,184,700

The Greffier of the States is also Accounting Officer for the expenditure incurred by any Committees of Inquiry established by the States. For 2014 this involved being responsible for the £6.3 million budget of the Independent Jersey Care Inquiry.

At 31st July 2014 there were 30 members of staff in the States Greffe. In addition, the States Greffe provides all administrative services (on a recharged basis) for the 9 staff of the Law Draftsman's Office.

Other relevant statistics are as follows –

The total number of hours during which the Bailiff , the Deputy Bailiff , the Greffier of the States, the Deputy Greffier and an elected member (the Connétable of St. Clement ) presided over the Assembly during the last 4 years was as follows –

The above table shows that the Greffier of the States was required to preside in the States Assembly, and thereby fulfil the rôle normally undertaken by the Bailiff or Deputy Bailiff , for some 12.2% of the total number of sitting hours of the Assembly during the period 1st January 2011 to 31st July 2014.

PERSON SPECIFICATION Knowledge, Skills and Experience

• Detailed  knowledge  of  States  and  committee/panel  procedures  and  a comprehensive  understanding  of  parliamentary  procedures  in  other jurisdictions, especially within the Commonwealth.
• Ability to understand and analyse legislation and advise as required, whilst recognising when formal legal advice should be sought.
• Considerable  political  judgement  and  political  shrewdness  to  be  able  to command the respect of all States members and ensure that they feel able to seek and follow advice given by the postholder.
• Detailed knowledge of the organisation and operation of public administration in Jersey to enable the postholder to advise Ministers and States departments on procedural matters in relevant areas.
• Extensive  experience  and  a  proven  track  record  in  the  public  sector environment  at  a  senior  level  including  experience  of  departmental management in a public sector organisation gained over at least 10 years.
• Evidence of success in motivating staff and managing performance as well as in developing productive working relationships with stakeholders and all who have dealings with the States Assembly and the States Greffe.

Qualifications

The postholder will have extensive experience of successful management at a senior level and a proven track record of achievement. The postholder should possess:

• A degree or professional qualification;
• A formal management qualification.

A good knowledge of spoken and written French is required. Personal Style and Behaviour

• Totally politically impartial at all times, with excellent interpersonal skills to be able to deal with all States members fairly and equally.
• Strong air of authority to enable the postholder to be respected when presiding at meetings of the Assembly in place of the Bailiff or when giving advice to the Council of Ministers, PPC and other committees/panels.
• High levels of energy and the ability to work under pressure and to tight deadlines, many of which are set out in Standing Orders and cannot be varied.

Behavioural Competencies

The following behavioural competencies are those which are sought for all senior management positions within the organisation:

• Leadership – Provides direction and inspires others.
• Integrity – Acts with honesty and is trustworthy; treats people fairly, equally and with respect.
• Working in Partnership – We will achieve success in all we do by working together.
• Political Shrewdness – Applies sound judgement at all times.
• Developing  Strategies  and  Solutions –  Focuses  upon  Departmental  and States strategy in the provision of service.
• Customer Focus – We put the customer at the heart of everything we do.
• Change Agent – We constantly look for ways to improve what we do and are flexible and open to change.
• Persuasive Communication – Uses communication effectively in all work situations.
• Team Builder – Inspires people to give of their best.
• Delivery  and  Implementation –  Achieves  results  and  ensures  value  for money.

Change statement

This post has not been evaluated since the appointment of the present postholder in 2002. Prior to 2002 there had been no significant change either to the procedures of the States Assembly or to the working practices of the States Greffe for many years, but since 2002 there have been a number of significant changes and developments which have added to the complexity of the role of Greffier of the States. These include –

• The move to ministerial government in December 2005 which led to a number of significant changes, including in particular –

• the need for the Greffier to attend all meetings of the Council of Ministers to advise as necessary. The Greffier is one of only 3 officers (the others being the Chief Executive to the Council of Ministers and Head  of  the  Public  Service  and  H.M. Attorney General)  who  are required to attend all Council of Ministers meetings as advisers;
• the creation of the ministerial decision system where the Greffier is required  to  provide  a  quality  assurance'  check  of  draft  decisions before they are signed by Ministers. This requires the Greffier to be aware of procedures across the States to ensure that draft ministerial

decisions comply with all relevant legislation and are in accordance with other requirements such as the delegation of functions;

• the creation of the scrutiny function and the establishment of the new Scrutiny  Section in  the  States  Greffe  which currently  has  10 FTE staff.  The  postholder  is  frequently  called  upon  to  advise  scrutiny panels/PAC both on matters of procedure and on financial matters such as the appointment of advisers;
• the establishment of the Privileges and Procedures Committee which has no officer support other than the staff of the States Greffe. The Greffier is required to attend all meetings of the committee and is the principal adviser on all matters dealt with by the committee. Since its establishment,  the  committee  has  undertaken  a  number  of  major reviews  into  the  machinery  of  government  structure  and  the composition of the Assembly and, even though many proposals have been  rejected  by  the  Assembly,  the  preparatory  work  by  the postholder  to  research  and  develop  proposals  on  behalf  of  the committee has been considerable;
• the entire redrafting of the States of Jersey Law and the Standing Orders with the repeal and replacement of the previous legislation which had remained largely unchanged since 1966. The Greffier of the  States acted  as  instructing  officer  for the  drafting  of  the  new legislation and has since been responsible for keeping the legislation under review and recommending amendments (8 sets of amendments to  the  States  of  Jersey  Law  2005  and  26 sets  of  amendments  to Standing Orders have been lodged for debate since 2005);
• the establishment in 2005 of the Hansard' transcript of all States meetings,  which  did  not  exist  before  the  move  to  ministerial government.

• Attendance at meetings of the Corporate Management Board (CMB). The Greffier  has  attended  all  meetings  of  CMB  since  the  Board  was  first established and is now one of the longest-serving attendees. Although the Greffier cannot technically be a full member of CMB as he is chief officer of a non-ministerial department he has always been treated, and participated, as a full member and is shown as such in the Minutes. In addition to participating fully in all matters and initiatives dealt with by CMB, the present Greffier has also undertaken a number of specific tasks on behalf of CMB and been a member  of  various  working  groups.  He  is  currently  the  only  CMB representative  on  the  States  Audit  Committee  alongside  3 independent members from outside the organisation.
• The importance and significance of the politically independent role of the Greffier has been increasingly recognised in recent years. For example –

• In March 2013, when the States agreed to establish the Committee of Inquiry into Historic Abuse (now known as the Independent Jersey Care  Inquiry)  the  proposition  that  was  approved  by  the  States (P.118/2012) charged the Greffier to identify a suitable Chairman and

2 members  from  outside  the  Island.  This  was  a  considerable responsibility  for  the  postholder  who,  with  no  involvement  or guidance from anyone in Jersey, had to identify and select suitable candidates.

• In 2012 the Greffier was asked to act as an independent and impartial adviser to the Electoral Commission and, in this capacity, attended the majority of the Commission's meetings. Following the publication of the Commission's recommendation the Greffier was made responsible by the States in the Referendum (Reform of States Assembly) (Jersey) Act 2013 for the organisation of the referendum that was held in April 2013.

• In 2002 the majority of the work of the States Assembly was undertaken using paper-based  procedures.  This  has  since  been  transformed  by  the  use  of electronic  methods  such  as  e-mail  and  the  States  Assembly  website.  The Greffier was responsible for the development of the initial website in 2004 and the complete redesign of an improved website in 2011. The Standing Orders  of  the  States  made  it  a  statutory  requirement  for  the  Greffier  to maintain the States Assembly website and publish certain official publications on it and this means that the Greffier must ensure that the website is accurate and up-to-date at all times to comply with the statutory requirement.

Signed:   Date:  

Michael N. de la Haye, O.B.E.

Greffier of the States (postholder)

Signed:   Date:  

Sir Michael Birt

Bailiff (President of the States)