'Blurred' Government Structure 'Causes Confusion'

A UK-style Cabinet Office could be set up in Jersey, as part of reforms suggested to improve the way the island's government is run.

After a year-long review, the Privileges and Procedures Committee's Democratic Accountability and Governance sub-committee found there is an 'imbalance of power' between Jersey's civil service and elected politicians, leading to a lack of accountability for decisions being made.

The panel is made up of Senators Tracey Vallois, Ian Gorst, and Sam Mézec, Constables Richard Buchanan and John Le Bailly and Deputy Kirsten Morel.

Their report says many of the people who gave evidence to the review say the creation of the Office of the Chief Executive and 'OneGov' reforms introduced in 2018 by then-States CEO Charlie Parker were responsible.

They included removing the role of Chief Officer within individual government departments and restructuring them, in an attempt to reduce 'silo working' and encourage collaboration across the civil service.

Charlie Parker set out a five-year plan to transform Jersey's public sector when he was appointed in 2018. He left after just three years.

Mr Parker left his role following a second-job scandal before his five-year transformation plan was fully in place.

The committee's review found the 2018 changes were 'highly controversial' and 'implemented with very little consideration' for the way the government would be run when it comes to political accountability.

It says not having a single Minister responsible for a department has led to 'blurred lines' over responsibilities.

As part of its recommendations to improve, the committee called for one Minister to have overall responsibility for running each department. In cases where there might be too much work for one Minister alone, one should be designated as the 'lead Minister' where the buck stops.

The panel also wants the existing Ministerial Support Unit and Strategic Policy, Planning and Performance department to be merged, creating a new Cabinet Office.

It could also absorb other government functions like Communications, HR and IT, which currently fall under the remit of the Chief Operating Office or the Office of the Chief Executive.

The UK's Cabinet Office in Whitehall is responsible for supporting Ministers and the day-to-day running of the civil service.

If approved, the head of the Cabinet Office would be responsible for advising the Council of Ministers, while the Chief Executive would be responsible for running the civil service and implementing government policies. The separation of powers has been recommended to ensure that one individual isn't given too many powers and responsibilities.

The committee's 48-page report also raised concerns about islanders not having a direct say in who takes on the role of Chief Minister, saying voters should be able to indicate their preferred candidate for Jersey's top political job when they are at the ballot box.

It also said whenever a new Chief Minister is installed, they should have to publicly declare their picks for the Council of Ministers within five days of being elected.

Questions were also raised over the appointment process for the roles of Deputy Chief Minister and Assistant Chief Ministers - with people who took part in the review saying accountability is undermined in areas where they are appointed to lead political projects outside of their main remit.

The panel reports that 'some Ministers give the impression that they're not on top of their brief' while other States Members 'don't have the skills and capabilities required' in a modern parliament, or access to the training needed to improve.

To address that, the committee recommends that each Ministerial role should come with a formal job description, and Assistant Ministers - or 'Cabinet Office Ministers' if one is created - should have a public record of all their designated roles and responsibilities which is regularly reviewed and kept up-to-date.

It also called for the States of Jersey constitution to be updated to officially give the Deputy Chief Minister the authority and responsibility for executive decisions if the Chief Minister is off-island or indisposed, as well as for all States Members to have access to leadership and decision-making training.

States Members currently elect who will serve as Chief Minister, but the PPC sub-committee wants the electorate to be able to choose their preferred candidate.

The committee reports that the current scrutiny setup isn't as effective as it could be, as it currently gets involved in shaping policies too late in the process.

It also found that scrutiny panels don't always have the necessary skills to hold Ministers to account for decisions, highlighting the law drafting process as a particular example.

Another finding was that some see the role of scrutiny panels as being political opposition to the government, rather than its intended purpose of 'a critical friend', echoing comments previously made by the chair of the Scrutiny Liaison Committee, Senator Kristina Moore.

Senator Tracey Vallois, who chaired PPC's Democratic Accountability and Governance sub-committee, said they have looked to other jurisdictions to provide possible solutions for problems in the way Jersey is run - and it's important its findings and recommendations are acted upon, rather than being 'tucked away for another day':

"Our report has taken account of many views and looked to other jurisdictions for possible answers to our actual or perceived problems.

A number of key findings and recommendations sit within this report that should not be tucked away for another day."

Senator Tracey Vallois topped the polls in 2018's General Election, but after being chosen and then resigning as Education Minister and Deputy Chief Minister, said she was so frustrated by her time in government she didn't plan to stand again this year.

She also criticised some officials within the Government of Jersey who didn't take part in the review:

"This is my third review into the machinery of government where we aimed from the outset to consult and engage with a broad range of stakeholders.

Unfortunately, we experienced a continuous lack of engagement from some Government Officials.

The reluctance to engage in this work was particularly disappointing as we wanted to ensure everyone could be involved in order to find practical solutions to very real problems within our system of Government.

By trying to address these issues and find ways to enhance and improve the system we have would assist our whole community."

The Council of Ministers says it met with Senator Vallois last week to discuss the report's content, and it 'recognises the importance of continuing to develop the Island’s democratic and governance systems'.

Ministers have pledged to continue working with the Privileges and Procedures Committee as its work continues.

Senator Vallois says work is beginning this week to see the panel's recommendations put into place.