Machinery of Government PPC Sub-Committee - 13 June 2025

Privileges and Procedures Committee Machinery of Government Sub-Committee (17th Meeting)

13th June 2025

 Part A (Non-Exempt)

All members were present.

Deputy T.A. Coles of St. Helier South , Chair

Deputy H.L. Jeune of St. John , St. Lawrence and Trinity , Vice Chair Deputy L.V. Feltham of St. Helier Central

Connétable K. Shenton-Stone of St. Martin

Deputy M.R. Scott of St. Brelade

Deputy R.L. Kovacs of St. Saviour

In attendance –

Y.   Fillieul ,  Assistant  Greffier  of  the  States,  Chamber  and  Members’ Support, States Greffe

J. Hales , Research and Project Officer, States Greffe

E. Patterson, Secretariat Officer, Specialist Secretariat, States Greffe

  Note:  The Minutes of this meeting comprise Part A only.

Minutes.  A1.  The  Minutes  of  the  meeting  of  4th  April  2025,  having  previously  been

circulated, were taken as read and were confirmed.

Work  A2. The Sub-Committee, with reference to its Minute No. A3 of 4th April 2025, Programme.  considered  its  ongoing  work  programme,  which  had  been  informed  by  the

recommendations set out in the final report of the Democratic Accountability and Governance Sub-Committee (DAGS) (R.23/2022 referred).

The Sub-Committee received and noted correspondence, dated 11th April 2025, addressed to Deputy T.A. Coles of St. Helier South, Chair, from Deputy L.J. Farnham of St. Mary , St. Ouen and St. Peter , Chief Minister, in connexion with the current structure of the Cabinet Office.

It was recalled that previous discussions had focused on the DAGS recommendation relating  to  the  creation  of  a  Cabinet  Office  function  via  the  merging  of  the Ministerial  Support  Unit  and  the  Strategic  Policy,  Planning  and  Performance Department (SPPP). It was noted that the formation of the Cabinet Office (which had been achieved by combining the Chief Operating Office, the Office of the Chief Executive and SPPP) was not what had originally been envisaged. It had been agreed that a letter be drafted to the Chief Minister requesting that an updated organisational structure chart of the Cabinet Office be shared with the Sub-Committee to provide further clarity.

Within his correspondence, the Chief Minister confirmed that the current Cabinet Office structure comprised the Ministerial office, the Communications Directorate and the Policy Directorates, which aligned with the DAGS recommendation. It was noted that the Government’s organisational chart was currently being updated to reflect staffing and structural changes and would be sent to the Chair in due course.

With regard to the structure of the Cabinet Office, Deputy Coles queried as to what statutory protections and lines of accountability, if any, were established for the services provided to Ministers by the Cabinet Office. It was noted that protections within the Cabinet Office were vital in ensuring that Ministers received forthright guidance. Subsequently, it was requested that further correspondence be drafted to the Chief Minister requesting further detail on the same.

On a related matter, the Sub-Committee noted the recent appointment of Mr. P. Wylie as Chief Officer, Cabinet Office. Within his new role, Mr. Wylie would take accountability for the executive leadership of the Cabinet Office and the Ministerial and Communications Team. It was noted that members of the non-Executive had not received the communications regarding this appointment. The Sub-Committee concurred that all Members of the States Assembly should receive regular updates of appointments within the Government and requested that this also be included in the correspondence.

The Sub-Committee noted the position.

Lobbying Law A3. The Sub-Committee, with reference to its Minute No. A2 of 14th March 2025, and Register. received and noted a briefing document on the proposed Lobbying Law and Register and heard from Deputy T.A. Coles of St. Helier South , Chair.

It was recalled that the introduction of a Lobbying Law and Register would aim to increase the understanding of lobbying procedures amongst States Members, Government, individuals and groups, and enhance transparency within the States Assembly. Subsequently, a comments paper had been produced, and the matter had been discussed further by the Privileges and Procedures Committee (PPC) at its meeting of 28th April 2025.

Deputy Coles informed the Sub-Committee that PPC had considered the matter in detail and noted the benefits of openness, implementing best practice, and improving political engagement. The majority of PPC Members had supported the proposals, however some Members had raised concerns with regard to the relevance of such a proposal in the context of Jersey and the possibility that it may lead to unintended consequences. Subsequently, PPC had requested that the Sub-Committee provide greater detail as to the development of lobbying guidance and an engagement code, as opposed to formal legislation.

Deputy M.R. Scott of St. Brelade noted that, whilst she was generally supportive of this work and the promotion of transparency, she possessed concerns regarding the Data Protection (Jersey) Law 2018 and how collecting personal information on a Lobbying Register  may  pose  data  protection concerns. It was noted that  data protection considerations from other jurisdictions with Lobbying Registers would be investigated to ensure that the proposed register was compliant with existing legislation.

It was agreed that Deputy Coles would engage in further consultation with officers to make necessary additions and amendments to the briefing document and that it would be circulated to the Sub-Committee for further comment ahead of review by PPC.

Ministerial role A4. The Sub-Committee, with reference to its Minute No. A2 of 4th April 2025,

profiles.  received and considered a briefing paper entitled ‘Role Profiles for States Members’

and received an update from Deputy T.A. Coles of St. Helier South , Chair.

It was recalled that the importance of providing clarity on Ministerial role profiles had been noted and that it had been suggested that the provision of more robust frameworks and guidance on Government structure would achieve this. Although information regarding Ministerial roles was available on the Government of Jersey website, a review of the structuring and presentation of this information would be beneficial in ensuring that all explanations were clear and accessible.

Upon reviewing the briefing paper, the Sub-Committee were satisfied that it clearly outlined the potential avenues for States Members to take within a political term and that this paper would be a useful tool for the induction of all States Members following the 2026 public Election. It was requested that supplementary information be added to the document to highlight the ability for backbenchers to challenge Ministerial functions, such as Orders, Regulations and Decisions. The Assistant Greffier  of  the  States,  Chamber  and  Members’  Support,  informed  the  Sub- Committee that a number of Ministerial Decision types made provision for Members to challenge them for a period of time after the decision had been made, and that this could be included in the document to highlight nuances in the role of a States Member. Deputy L.V. Feltham of St. Helier Central further highlighted that some Ministerial Decisions included sensitive or personal information which was required to remain confidential, making it difficult for them to be challenged.

Officers undertook to implement the proposed changes to the briefing paper.

Written  A5. The Sub-Committee, with reference to its Minute No. A6 of 4th April 2025, Questions:  received and noted a briefing paper in connexion with the selection and appointment 105/2022 and  process for Ministers and Assistant Ministers following an ordinary election. 156/2022.

It  was  recalled  that  the  Sub-Committee  had  noted  2  Written  Questions (WQ.105/2025 and WQ.156/2022 referred), which had both been addressed to Connétable K. Shenton-Stone of St. Martin , in her capacity as Chair of the Privileges and Procedures Committee (PPC), by Deputy M.R. Scott of St. Brelade . Deputy Scott ’s Written Questions had asked whether the Chair of PPC would commit to amending the Standing Orders of the States of Jersey to require the Chief Minister to  disclose  the  identities  of  Ministers  and  Assistant  Ministers  prior  to  the nominations  process  for  Scrutiny  Panel  Chairs,  and  whether  this  would  be implemented  prior  to  the  2026  public  Election.  Some  confusion  had  arisen surrounding the timeline of electing Ministerial roles and Scrutiny Chairs, and the Sub-Committee requested that the current processes for the same be clarified and visualised for further discussion.

It was noted that Standing Order 112 underpinned the selection and appointment of

Ministers following an ordinary election. The Chief Minister was selected within the

period of 19 days following the ordinary election at the first States Meeting. The

second meeting of the States would take place 5 clear days after the close of the first

meeting, whereby the following appointments would be made in the order as stated –

- Ministers;

- chair of the Privileges and Procedures Committee;

- chair of the Public Accounts Committee;

- chairs of Scrutiny Panels in the order in which the panels appear in Standing Orders;

- chair of the Planning Committee;

- chair of the Jersey Overseas Aid Commission; and

- president of the Scrutiny Liaison Committee

It was acknowledged that Assistant Ministers were not appointed by the Assembly and were appointed at the discretion of Ministers (who required the prior consent of the Chief Minister). The third meeting after the ordinary election allowed the appointment of Scrutiny Panel Members. There was no set time for this third meeting.

Deputy Scott noted that amending Standing Orders to provide for the arrangements raised in WQ.105/2025 and WQ.156/2022 would be in the public interest and reduce contested elections. However, it was acknowledged that Assistant Ministers were not declared formally in States Meetings, as it was not the States Assembly who appointed them. The Assistant Greffier of the States, Chamber and Members’ Support, further advised that if Standing Orders were to be amended, a further States Meeting would likely be required to allow for this. Whilst the Sub-Committee commended Deputy Scott for bringing forward this issue, it did not concur that amendments to Standing Orders were necessary. Therefore, Deputy Scott ultimately opted to bring her own proposition  to  the  States  Assembly  regarding  this  matter  and  thanked  the  Sub- Committee for their input.

Date of Next  A6. The Sub-Committee noted that the next meeting was due to be held on 18th July Meeting.  2025, from 11.00am – 12.30pm in the Le Capelain Room.