Machinery of Government PPC Sub-Committee - 19 December 2025

8 3rd Meeting 19.12.2025

Privileges and Procedures Committee Machinery of Government Sub-Committee (3rd Meeting)

19th December 2025

 Part A (Non-Exempt)

All members were present, with the exception of Deputies K.L. Moore of St. Mary , St. Ouen and St. Peter and R.L. Kovacs of St. Saviour , from whom apologies had been received.

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

Deputy M.R. Scott of St. Brelade

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 17th October 2025, having previously been

circulated, were taken as read and were confirmed.

Democratic  A2. The Sub-Committee, with reference to its Minute No. A2 of 17th October 2025, Accountability  noted correspondence, dated 29th October 2025, addressed to Deputy T.A. Coles of and   St. Helier South , Chair, from Deputy L.J. Farnham of St. Mary , St. Ouen and St. Governance  Peter,  Chief  Minister,  in  connexion  with  the  Democratic  Accountability  and Sub- Governance Sub-Committee's (DAGS) recommendation regarding the structure of Committee  the Cabinet Office (R.23/2022 refers).

Recommendati

ons.  It was recalled that the Chief Minister had previously advised that the Cabinet Office

operated  within  established  legal  parameters  to  ensure  consistent  support  for Ministers and political accountability. The Sub-Committee had decided to seek further clarity and greater detail on this from the Chief Minister.

The Sub-Committee noted that, in his letter the Chief Minister advised that the States of Jersey Law (2005) established Ministers as corporations sole' meaning that they were legal entities in their own right. This status provided a legal framework for ministerial  actions,  enabling  effective  governance  and  accountability.  Article 18(3A) required the Chief Minister and Ministers to provide policy direction to officers, having given fair consideration and due weight to information and impartial advice from such officers. Attention was also drawn to Article 3 of the Employment of States of Jersey Employees (Jersey) Law 2005, which related to the role of the Chief Executive Officer (CEO). The CEO's role was to lead Chief Officers in the administration and general management of the public service and guide them in the implementation of corporate and strategic policies. However, some Chief Officer

9 3rd Meeting 19.12.2025

roles were established in accordance with separate legislation which afforded a level of independence and the ability to act outside the instructions of Ministers or the CEO. The Chief Minister advised that officials were free to provide policy advice as they saw fit, irrespective of the views of the CEO. This arrangement ensured the Ministers had access to different perspectives.

The Sub-Committee discussed the content of the letter and a number of questions remained with regard to the autonomy of officers in relation to the provision of advice to Ministers, with particular reference to situations where advice might differ from that of a Chief Officer or a CEO. The Sub-Committee considered possible alternatives to the existing structural arrangements with a view to ensuring stronger statutory protections for officers, including a suggestion that responsibility for the Ministerial Support Unit be transferred from Government to the parliamentary structure. It was agreed that an updated organisational chart would be beneficial in the  context  of  visualising  the  current  structure  and  would  inform  any recommendations.

The Sub-Committee requested that research be undertaken in consultation with the Public Accounts Committee and the Comptroller and Auditor General with a view to ascertaining what arrangements were in place in other jurisdictions to ensure strong lines of accountability and statutory protections for officers. It was recognised that any alternative approaches would have to be appropriate in the Jersey context. The Sub-Committee agreed that information arising from the research should be included in the Legacy Report for consideration by future iterations of the Sub- Committee.

The position was noted.

Legal  A3. The Sub-Committee, with reference to its Minute No. A4 of 17th October 2025, Responsibilitie received and noted correspondence, dated 27th October 2025, addressed to Deputy s of the  H.M. Miles of St. Brelade in her capacity as Chair of the Government and Parishes Connétable –  Review Scrutiny Panel from Deputy T.A. Coles of St. Helier South , Chair, in Parishes and  connexion with the legal obligations of parish Connétable s in the context of States' Government  decisions.

Review

Scrutiny Panel.  It was recalled that, in considering the Role Profiles document for elected Members

(Minute No. A5 of the extant meeting refers), the Sub-Committee had noted that whilst Connétable s and Parishes were required to adhere to the laws of the land, there  was  no  requirement  for  them  to  adhere  to  other  States'  decisions. Consequently, it had been agreed that the Chair should write to the Panel suggesting that this matter be considered as part of the review.

The Sub-Committee noted that Deputy Miles had requested further clarification on whether the Sub-Committee was seeking a review of the legal position or the political expectation in terms of the role of parish Connétable . Examples of where Connétable s had not acted in accordance with a States Assembly decision had also been sought, with particular reference to waste recycling and collection.

Having considered the matter, the Sub-Committee requested that a response be prepared which made reference to the aims of the 2024 Sustainable Transport Policy and the 2025 Solid Waste Management Strategy as examples. It was also suggested that the Chair seek to informally discuss the matter with Deputy Miles and update the Sub-Committee thereafter.

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Lobbying  A4. The Sub-Committee, with reference to its Minute No. A3 of 17th October 2025, Guidance and  received a report which had been prepared by Mr. Y. Fillieul , Assistant Greffier of Engagement  the States, Chamber and Members' Support, States Greffe in connexion with the Code.  Lobbying Guidance Code and Register.

It was recalled that further clarification on the definition of a lobbyist had been sought and consultation with the European Union Commission Lobby Register to determine international best practice had also been suggested. Ultimately, it had been determined that lobbyists could be defined as individuals acting on behalf of a lobbying  group  which  sought  to  influence  Government.  It  was  clarified  that individuals acting in their own right could not be classified as lobbyists and that any issues raised on this basis could be referred to Constituency Support officers.

The Assistant Greffier advised the Sub-Committee that the implementation of the proposed Register and the management and maintenance of the register would require ongoing resourcing, to include –

- vetting all enrolments;

- responding to new lobbyists;

- passing on details of lobbying activities to Members;

- management of data protection; and

- general management of lobbyist's expectations.

Some confusion was noted in connexion with the type of companies, groups, and individuals who would be classified as Lobbyists for the purpose of the Register. Thus, it was agreed that the current definition of a Lobbyist within the Guidance Code, as previously endorsed by the Sub-Committee, required greater nuance in the Jersey context due to ease of access to elected Members. Discussions also ensued in relation to how this workstream would enhance transparency and public trust.

The Assistant Greffier undertook to liaise with Deputy T.A. Coles of St. Helier South , Chair on how best to proceed with the matter.

Role Profiles  A5. The Sub-Committee, with reference to its Minute No. A4 of 17th October 2025, for elected  received and considered the draft Role Profiles for elected Members document and Members.  heard from Mr. Y. Fillieul , Assistant Greffier of the States, Chamber and Members'

Support, States Greffe.

It was recalled that further information had been requested in connexion with the remit of Deputies, Connétable s and Senators, with specific reference to parish, constituency and Island-wide responsibilities. Consequently, amendments had been made to the document to provide greater clarity.

Deputy T.A. Coles of St. Helier South , Chair, advised that the draft Ministerial Role Profiles document had been considered the Privileges and Procedures Committee (PPC)  on  1st  December  2025.  The  PPC  had  agreed  that  whilst  the  level  of information within the document provided a good overview of roles for prospective election candidates, new Members would require a greater level of detail to inform decisions. However, the Chair had made the point that the document aimed to strike a balance between an overly concise summary and a granular level of detail. It was noted that, at the request of Deputy C.S. Alves of St. Helier Central , the document had been shared with the PPC Diversity Forum and the Political Awareness and Education Sub-Committees for comment.

19.12.2025

The position was noted.

2026 meeting  A6. The Sub-Committee received and considered a list of proposed meeting dates dates.  for 2026, as follows –

- 16th January 2026;

- 13th February 2026; and

- 13th March 2026.

It was noted that calendar invitations would be extended for the above meetings.

Work  A7. The Sub-Committee, with reference to its Minute No. A5 of 17th October 2025, Programme.  noted the ongoing work programme, which was informed by recommendations

arising from the Democratic Accountability and Governance Sub-Committee report (R.23/2022 referred).

Date of Next  A8. The Sub-Committee noted that the next scheduled meeting would be held on Meeting.  16th January 2026, from 11.00 am – 12.30 pm, in Le Capelain Room, States

Building.