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Guidance on Government activity during election period

A formal published “Ministerial Decision” is required as a record of the decision of a Minister (or an Assistant Minister where they have delegated authority) as they exercise their responsibilities and powers.

Ministers are elected by the States Assembly and have legal responsibilities and powers as “corporation sole” under the States of Jersey Law 2005 by virtue of their office and in their areas of responsibility, including entering into agreements, and under any legislation conferring on them powers.

An accurate record of “Ministerial Decisions” is vital to effective governance, including:

  • demonstrating that good governance, and clear lines of accountability and authority, are in place around decisions-making – including the reasons and basis on which a decision is made, and the action required to implement a decision

  • providing a record of decisions and actions that will be available for examination by States Members, and Panels and Committees of the States Assembly; the public, organisations, and the media; and as a historical record and point of reference for the conduct of public affairs

Ministers are individually accountable to the States Assembly, including for the actions of the departments and agencies which discharge their responsibilities.

The Freedom of Information Law (Jersey) Law 2011 is used as a guide when determining what information is be published. While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.

A decision made on 4 April 2022

Decision Reference:  MD-CM-2022-203

Public

Subject: Guidance on government activity during election period

 

Report Title: Guidance on government activity during election period

Public

Decision(s):

The Chief Minister approved the report entitled 'Guidance on Government activity during the election period' and instructed officers to request the Greffier of the States to arrange for it to be presented to the States Assembly in the 'Reports' series.

Reason for Decision(s):

During the election period, whilst Ministers retain their executive responsibilities and essential business is allowed to continue, the Government should conduct itself in a different manner to ensure an impartial election.  The report sets out guidance on Ministerial responsibilities, communications, the use of public resources, discussions with election candidates, activities in advance of the election period, the conduct of employees during the election period, the States Employment Board and Arms-Length bodies.  In presenting the guidance as a Report, this will ensure transparency.

Resource Implications: There are no additional financial or manpower implications as a consequence of this Ministerial Decision.

 

Action Required: Private Office to request that the Greffier of the States arranges for the Report to be presented to the States Assembly.

Signature:

 

 

Signed By: Senator John Le Fondré, Chief Minister

Date Signed:

 

 

Date of Decision (If different from Date Signed):

 

 

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