MACHINERY OF GOVERNMENT: STRUCTURE OF THE EXECUTIVE

 

 

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Lodged au Greffe on 22nd October 2002

by the Policy and Resources Committee

 

 

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STATES OF JERSEY

 

STATES GREFFE

 

 

150

2002

P.191

 

Price code: C

PROPOSITION

 

THE STATES are asked to decide whether they are of opinion -

 

                to refer to their Act dated 28th September 2001 in which they agreed reforms to the machinery of government and -

 

                (a)     to agree that the executive function of government should be structured as set out in in the Appendix 1 tof the report of the Policy and Resources Committee dated 21st October 2002 in relation to the following matters, namely -

 

                          (i)      the Council of Ministers;

                          (ii)     the appointment of the Chief Minister and ministers;

                          (iii)    the Chief Minister;

                          (iv)    the Minister;

                          (v)     the dismissal and replacement of ministers;

                          (vi)    the Assistant Minister; and

                          (vii)   policy formulation;

 

                          and to vary its decision of 28th September 2001 accordingly;

 

                (b)     to direct the Privileges and Procedures Committee in accordance with the Act of the States of 26th March 2002, to incorporate the matters set out in the said Appendix 1, where appropriate, in the revised States of Jersey Law and the Standing Orders of the States of Jersey.

 

 

POLICY AND RESOURCES COMMITTEE

 

 

Notes:    1.       The Finance and Economics Committee’s comments are to follow.

 

                2.       The Human Resources Committee’s comments are to follow.

 

                3.       The Privileges and Procedures Committee’s comments are to follow.

REPORT

 

1.             Introduction

 

1.1           On 28th September 2001 the States adopted an amended report and proposition of the Policy and Resources Committee (‘Machinery of Government: Proposed Reforms’ (P.122/2001)) and agreed to move to a ministerial system of government. This historic decision will result in major changes to the Island’s government. It means that a team of ministers, working under the leadership of the Chief Minister and with support from assistant ministers, will carry out the executive function of government on behalf of the States. This new, simpler structure of government will mean that decision-making will become more timely and efficient, whilst taking full account of public opinion through improved methods of consultation with other States members, scrutiny committees, and the public.

 

1.2           The report accompanying P.122/2001 commented in some detail on the roles and responsibilities that are envisaged for the main participants in this new system of government. The purpose of this report and proposition is to develop this thinking further so as to provide a more detailed account of how it is intended that the executive will work in practice.

 

1.3           As part of the proposition adopted by the States, it was agreed that -

 

                          “the States will appoint a Chief Minister of Jersey from among their number, by a process to be agreed, who will nominate a team of ministers to form the Council of Ministers, with the executive function of government vested in the Chief Minister and the Council of Ministers”.

 

1.4           The proposals in respect of the executive were subsequently developed in some detail in Section 6 of the ‘Implementation Plan - Machinery of Government: Proposed Reforms’, published by the Policy and Resources Committee on 27th November 2001. The Implementation Plan also listed the various reports and propositions that the Committee intended to bring to the States in order to carry forward the process of government reform, including this report and proposition on the structure of the executive.

 

1.5           Since the publication of the Implementation Plan the Committee has given further consideration to the structure and nature of the executive, and has taken note of the views that have been expressed by States members and the public. The proposals set out in this report and proposition represent the Committee’s considered view on how the executive should function, including the roles and responsibilities of the key participants.

 

1.6           The Committee would like to emphasise that its proposals should not be seen in isolation, but as part of the wider framework for the Island’s machinery of government. The executive needs to be seen in the context of its relationship to the States, to the scrutiny function, and to the public. This report accordingly comments on how it is envisaged the executive will relate to this wider context, which will develop over time.

 

1.7           This report is a development of the proposals that were set out in both ‘Machinery of Government: Proposed Reforms’ (P.122/2001) and the Implementation Plan. As with the Implementation Plan, the Committee’s approach in this report is to describe the roles and responsibilities of the key participants in the executive, and these are set out below. It will be seen that in many cases the Committee has remained close to the text of the Implementation Plan, and in these areas the Committee has maintained the position that it described in the Plan. There are some areas however where the Committee has moved to a degree from the position described in the Plan, and the reasons for these changes are explained in the text.

 

2.             The Council of Ministers

 

2.1           The Council of Ministers will be established by law. Among its core functions will be overall economic and political strategy, the development of strategic policies and new legislation, resource allocation, and the prioritisation of capital projects. Ministers who head departments will, by right, be members of the Council of Ministers. The question of the legal status of the minister is a matter for resolution in the States of Jersey Law.

 

2.2           In accordance with the approach set out in Section 6.8 of the Implementation Plan, the Committee proposes that one of the key tasks for the Council of Ministers at the beginning of its term of office should be to develop a strategic policy programme for consideration by the States. This document would set out the broad direction which the Council of Ministers was proposing to follow during its term of office. The strategic policy programme would be followed up by an annual debate on the States’ budget, and by a separate debate on an annual Business Plan in which the Council of Ministers would present its proposals for the year ahead.

 

2.3           In this connection the Committee believes it to be important that there should be full compatibility between the decisions taken by the States on the overall policy programme and those taken on the annual budget, and it is accordingly recommended that both the strategic policy programme and annual business plans should provide an indication of spending priorities for the year ahead. These priorities would be developed in more detail in the annual budget, which would indicate how much was to be spent on each of the ten departments of government, together with other relevant information. This approach should ensure that there will no incompatibility between the States’ decision on the policy programme and their decision regarding the budget.

 

2.4           It is proposed that the strategic policy programme should be lodged ‘au Greffe’ by the Council of Ministers within four months of taking office. During this period the Council may consult both with the non-executive members of the States, including the scrutiny committees, and the general public. In subsequent years, it is proposed that the annual Business Plan should be debated no later than September, whilst the Budget would be for debate in December, with sufficient provision being made for proper scrutiny of both documents. This timetable would be adjusted if the States should decide to hold spring elections.

 

2.5           With regard to the meetings of the Council, ministers will be expected to speak to items tabled by them in the name of their departments. The Council may also be attended from time to time by assistant ministers, heads of departments, or officers as required. Assistant ministers will not have a vote.

 

2.6           The Attorney General will be entitled to attend all meetings of the Council of Ministers to provide legal or constitutional advice, but will not have a vote. The reason for this is, first, that there will often be times when legal or constitutional advice is required and it is appropriate that this should be readily available to the Council of Ministers just as it is available to the States. Secondly, the Chief Minister will, with the Council of Ministers, have responsibility for the Island’s external relations both with the United Kingdom and, where appropriate, with other jurisdictions, and it is obviously necessary that the Attorney General should continue to be directly involved in giving advice in this area. In his attending the meetings of the Council of Ministers, the role of the Attorney General will therefore be to defend the interests of the States as a whole, as well as to advise the Council on specific matters.

 

2.7           The Attorney General will remain available to advise the States and the scrutiny and other committees on matters of law.

 

2.8           The Council of Ministers will meet for the purpose of taking decisions, and for regulating and co-ordinating the executive business of government. Decisions taken by the Council will concern matters that do not fall within the province of individual ministers and which therefore need to be considered on a collective basis, e.g. the annual budget, general policy matters, strategic issues, and matters which cut across ministerial boundaries. The Council will be served by a secretariat, provided by the Chief Minister’s Department, to ensure that its decisions are well-recorded, known by those concerned and effectively carried out.

 

2.9           In order to secure the effective overall conduct of business it is neither necessary nor possible for the Council of Ministers to consider every issue arising over the extremely wide field of government activity.

 

2.10         The Council of Ministers will reach its decisions through discussion and debate. This will be much more efficient than the present inter-committee process. It will also lay the ground for ensuring that once a decision has been made, that decision will be effectively and efficiently carried out, especially as the departmental framework and corporate processes will be much more streamlined. There will be agreement around a single table on turning words into actions.

 

2.11         The primary function of the Council will be to determine the strategic direction of government, but the Council will also have the function of resolving issues that may arise.

 

2.12         What are the issues which ought to come before the Council for decision? The Committee might answer this question by saying that the Council should certainly have an opportunity to consider any matter which may involve the credit, cohesion or standing of the government, whether inside or outside the activities of the States. In deciding whether a question is within this category, a substantial element of judgement will naturally be involved.

 

2.13         Because the question of reference to the Council of Ministers is, to a very large extent, a matter of judgement, it would be impracticable to lay down any set of comprehensive rules. Clearly, however, there are certain matters which inevitably involve the credit, cohesion, or standing of the government. Paramount among these is the question of legislation.

 

2.14         The Council will consider first all proposals for the preparation of legislation, as there would be little point in wasting the time of officers and law draftsmen in preparing laws which the Council was not prepared to support in principle. Secondly, the Council must consider draft legislation, as prepared for presentation to the States. The consideration of legislative proposals and of draft propositions will constitute a very important part of the Council’s work. The position regarding subordinate legislation will be covered in Standing Orders and/or the States of Jersey Law, to ensure accountability.

 

2.15         Since ministers will be making the type of executive decisions presently made by committees, they will also make Orders, and from time to time it may be necessary for the Council to