Ministerial Office: independent support to Ministers

STATES OF JERSEY

MINISTERIAL OFFICE: INDEPENDENT SUPPORT TO MINISTERS

Lodged au Greffe on 3rd February 2026 by Deputy M.R. Scott of St. Brelade

Earliest date for debate: 24th February 2026

STATES GREFFE

2026  P.23

PROPOSITION

THE STATES are asked to decide whether they are of opinion

to request the Chief Minister to develop and implement a framework agreement by 31st March 2026 to ensure that the Ministerial Office maintain the explicit ability to support Ministers in challenging Executive Officers of Government Departments.

DEPUTY M.R. SCOTT OF ST. BRELADE

REPORT

Unlike Ministers [1]or officers with statutory functions (e.g. Greffier, Comptroller), there is no law that creates the role of Ministerial Secretaries or supports their independence in advising Ministers.

They are employees of the States of Jersey who are assigned administratively to support Ministers and located organisationally within the Cabinet Office. Operational control sits with –

• the Chief Executive of the Public Service; and

• the Cabinet Office, as a central coordinating department. [2]

Internal governance documents are important to address any potential conflict arising for staff in the Ministerial Office in the event the Chief Minister (or another Minister) wishes to challenge the Chief Executive Officer or any other line manager effectively given the accountability of staff to those Officers.

During the term of this government, the Ministerial Office has been placed under the line management of the Chief Officer of the Cabinet Office whose line manager is the CEO.

3

Although the Privileges and Procedures Committee's Machinery of Government sub- Committee has raised this concern with the Chief Minister4 and has contemplated a possible change in organisational structure, a simpler, if temporary solution, could be achieved in the absence of formal legislative arrangements to ensure constitutional separation of powers or independence of operations.

Given that –

• the Ministerial Office needs to maintain the ability to support Ministers in challenging  Executive  Officers,  and  not  be  handicapped  by  the  current structure;

• a wholesale restructure would not be feasible at this time; and

• there are multiple difficulties that would arise should the decision be taken separate the Ministerial Office from Government,

this amendment seeks a reasonable compromise, whereby a framework agreement is implemented, identifying routes for the Ministerial Office to access and advise the Chief Minister, without interference.

Financial and staffing implications

The  necessary  work  should  be  simple  in  scope  and  achievable  within  existing departmental financial and staffing resources.

Children's Rights Impact Assessment

I consider that this proposition has no direct or indirect impact on children and that the duty to have due regard to the UN Convention on the Rights of the Child does not arise. Accordingly, a Children's Rights Impact Assessment is not required under the Children (Convention Rights) (Jersey) Law 2022.

4 Privileges and Procedures Committee Machinery of Government Sub-Committee – 4th April 2025 Paragraph A3 https://statesassembly.je/getattachment/f427b7f7-e61c-47f4-b77c- 32aa8302617b/2025-04-04-PPC-MoG-(A)-(1)-(1).pdf?lang=en-GB&ext=.pdf

[1] Ministerial positions are defined under the States of Jersey Law 2005

[2] Employment of States of Jersey Employees (Jersey) Law 2005

3 Extract from the published Government Structure chart on Gov.je – https://www.gov.je/SiteCollectionDocuments/Government%20and%20administration/ID%20O ne%20Government%20Structure%20Diagram.pdf)

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