….23 February6th January 20076
Agenda Item: A/B… A…
Children and Young People’s Strategic Framework
Presented to the States on (inset date) by
the Minister for Health and Social Services
Report
Introduction
The Minister for Health and Social Services presents the Children and Young People’s Strategic Framework to the States in her capacity as Chair of the Children’s Policy Group (CPG).
The Framework is laid before the States as a Report, however it is envisaged that ongoing delivery of the Framework will entail specific Propositions to be laid before the States as and when relevant, for example propositions potentially relating to legislative changes.
Purpose
The Strategic Framework exists to support better collective decision making about the services and facilities required to support children and young people, in order that they may reach their full potential and lead happy, healthy lives.
It is envisaged that it will shape the future direction of States policy in relation to children and young people and inform the States Strategic Plan.
Background
- The CPG, which includes the Ministers for Health & Social Services, Education, Sports & Culture and Home Affairs, was established in 2010 to provide robust political leadership across, and amongst, all States agencies and States funded services that impact on, benefit or protect Jersey’s children and young people.
- The CPG responsibilities, which are formally designated to it by the Council of Ministers, include the development and delivery of a Children’s and Young People’s Plan.
- The production of Children and Young People’s Plan was a key recommendation of the 2008 Williamson Report into child protection services.
- A cross departmental working group was established to develop a full Children’s Plan based on research and first stage consultation with children; families in receipt of targeted services; the voluntary and community sector plus public consultation events.
- During the development process it became apparent that Jersey was not in the position to deliver a full Children’s Plan (ie. fully costed proposals outlining key activities and service delivery). This was due to lack of overarching social policy relating to children and young people (no equivalent of the UK’s Every Child Matters) plus lack of joint decision making/delivery structures not in place (no equivalent of UK’s Children’s Trusts)
- It was therefore agreed that a Strategic Framework should be developed in the first instance, setting out a policy direction and proposing a joint delivery structure.
- The Draft Framework was therefore developed and was subject wider public consultation. It was agreed by Council of Minister in July 2011 that this should be laid before the States.
Next steps
- On Universal Children’s Day, 20 November 2011, a summary of the Strategic
Framework will be publicly launched.
- The proposed delivery structure will be put in place to start work in early 2012.
- The working group will develop full delivery plans to support each of the six outcomes outlined in the Strategic Framework.
Financial and resource implications
The resource implications associated with the delivery of the Strategic Framework cannot be fully quantified until detailed delivery plans have been developed. The aim to is deliver from within existing Departmental budgets through more effective and targeted resource allocation and joint commissioning across departmental budgets.
Where resources are required to deliver a priority activity the costs associated with this will, in the main, be covered through the decommissioning/suspension of a non-priority activity. This will be agreed with accounting officers on a case-by-case basis. A Corporate Management Group, which forms part of the associated delivery structure exists to facilitate collective decision making about resource allocation.
Deputy Anne Pryke
Minister, Health and Social Services
Chair, Children’s Policy Group
October 2011
Title of Report
Ministerial Code of Conduct
Introduction:
1. On 16th December the Council of Ministers considered a draft ‘Code of Conduct for Ministers’ and agreed that a revised version should be prepared for consideration at an early opportunity. A revised draft has accordingly been prepared and is attached for the Council’s consideration.
2. As requested by the Council of Ministers, the revised draft is based upon the text of the ‘Code of Conduct for Elected Members’ that was approved by the States on 1st November 2005. Those parts of the text which relate to ministers, rather than to elected members, are highlighted in bold.
3. The revisions in the text reflect the changes agreed in the discussion on 16th December. There are one or two remaining points for discussion, and these have been highlighted in red where they appear in the text.
4. The revisions also take account of the provisions in Standing Orders concerning gifts and hospitality and the financial interests of States members, , and have been drafted in a manner that is consistent with these provisions, as requested by the Council of Ministers at its meeting on 12th January.
Background
5. Recommendation:
It is recommended that the Council should adopt the revised version of the draft Code of Conduct. Copies of the Code can then be circulated to States members and made generally available for the information of the media and the public. If it is felt appropriate, the Code could be published in the form of an R.C. and presented to the States.
Name of Author
Job title/DepartmentJ.M.E. Harris,
DatePolicy Adviser
187th January 2006
Code of Conduct for ministers
1 Purpose of the code
The purpose of the code of conduct is to assist Ministers in the discharge of their obligations to the States, the Council of Ministers, and the public of Jersey. All ministers are required to comply with this code.
The ministerial code of conduct builds upon the Code of Conduct for Elected Members that was adopted by the States on 1st November 2005. Those parts of the code which relate to ministers and are therefore additional to the Code for Elected Members are highlighted in bold in the text.
2 Public duty
The primary duty of elected members is to act in the interests of the people of Jersey and of the States. In doing so, members have a duty to uphold the law in accordance with their oath of office and to act on all occasions in accordance with the public trust placed in them.
Elected members have a general duty to act in what they believe to be the best interests of Jersey as a whole, and a special duty to be accessible to the people of the constituency for which they have been elected to serve and to represent their interests conscientiously.
Elected members must give due priority to attendance at meetings of the States in accordance with the terms of their oath of office and should be present in the Chamber when the States are meeting unless they have very compelling reasons not to do so.
3 Personal conduct
Elected members should observe the following general principles of conduct for holders of public office –
Selflessness
Holders of public office should take decisions solely in terms of the public interest. They should not do so in order to gain financial or other material benefits for themselves, their family and friends, their business colleagues or any voluntary or charitable organization they are involved with.
Integrity
Holders of public office should not place themselves under any financial or other obligation to outside individuals or organizations that might influence them in the performance of their official duties.
Objectivity
In carrying out public business, including making public appointments, awarding contracts, or recommending individuals for rewards and benefits, holders of public office should make choices on merit.
Accountability
Holders of public office are accountable for their decisions and actions to the public and must submit themselves to whatever scrutiny is appropriate to their office.
Openness
Holders of public office should be as open as possible about all the decisions and actions that they take. They should give reasons for their decisions and restrict information only when the wider public interest, or rules on freedom of information, data protection or confidentiality clearly demand.
Honesty
Holders of public office have a duty to declare any private interests relating to their public duties and to take steps to resolve any conflicts arising in a way that protects the public interest.
Leadership
Holders of public office should promote and support these principles by leadership and example to maintain and strengthen the public’s trust and confidence in the integrity of the States and its members in conducting public business.
Additionally, Ministers will be expected to comply with the following principles of ministerial conduct -
i. Ministers must uphold the principle of collective responsibility as defined in this document.
ii. Ministers have a duty to the States to account, and be held to account, for the policies, decisions and actions of their department and any agencies for which their department has responsibility.
iii. It is of paramount importance that Ministers give accurate and truthful information to the States, correcting any inadvertent error at the earliest opportunity. Ministers who knowingly mislead the States will be expected to offer their resignation to the Chief Minister.
iv. Ministers should be as open as possible with the States, scrutiny committees and the public, refusing to provide information only when disclosure would not be in the public interest which should be decided in accordance with the relevant statutes and codes of access to information.
v. Ministers should require civil servants who give evidence before scrutiny committees on their behalf and under their direction to be as helpful as possible in providing accurate, truthful and full information.
vi. Ministers must ensure that no conflict arises, or appears to arise, between their public duties and their private interests. In deciding on the public interest, ministers should be sensitive to the interpretation of their actions.
vii. Ministers should avoid accepting any gift or hospitality which might, or might reasonably appear to, compromise their judgement or place them under an improper obligation.
4. Conflicts of interest
Elected members should base their conduct on a consideration of the public interest, avoid conflict between personal interest and the public interest and resolve any conflict between the 2, at once, and in favour of the public interest.
Ministers are reminded of the obligation placed upon all States’ members to declare their interests in the Register of Members’ Interests. These may not necessarily be financial interests.
Ministers remain free to have paid employment unrelated to their role as Ministers in their own ministerial areas.
Ministers must ensure that no conflict arises, or appears to arise, between their public duties and their private interests, financial or otherwise.
It is the personal responsibility of each Minister to decide whether and what action is needed to avoid a conflict, or the perception of a conflict, and to defend that decision, if necessary by accounting for it in the States. Upon appointment, Ministers are advised to consult the Chief Minister or the Attorney General if in doubt. The minister may also wish on occasion to consult the Chief Executive or the director of the department concerned, because in some cases the officer might be better placed to know the detailed background to the issue at hand, and therefore to advise on whether there could be a conflict of interest.
Where it is proper for a Minister to retain a private interest it is the rule that he or she should declare that interest to Ministerial colleagues if they have to discuss public business which in any way affects it, and that the Minister should remain entirely detached from the consideration of that business. Similar steps may be necessary if a matter under consideration in the Department relates in some way to a Minister’s previous or existing private interests such that there is, or may be thought to be, a conflict of interest. Particular care needs to be taken where financial interests are involved.
Financial interests
Ministers must scrupulously avoid any danger of an actual or apparent conflict of interest between their ministerial position and their private financial interests. In order to avoid such a danger, they should be guided by the general principle that they should either dispose of any significant financial interest giving rise to the actual or apparent conflict or take alternative steps to prevent it. For the purposes of this Code, a ‘significant’ financial interest in a company is defined as a shareholding valued at £25,000 or more, or one per cent or more of the total value of the company, whichever is the lesser.
Note to Council of Ministers:
At the meeting on 16th December it was suggested that a financial interest needed to be qualified in some way in order to avoid the inadvertent breach of the code of conduct, e.g. through the holding of shares in a unit trust. I have therefore referred to the holding of a ‘significant’ financial interest, and defined this along the lines suggested at the meeting.
Two particular ways in which a conflict of financial interest, or the perception of it, can arise are as follows -
i. from the exercise of powers or other influence in a way that does, or could be considered to, affect the value of interests held; or
ii. from using special knowledge acquired in the course of ministerial activities in ways which bring benefit or avoid loss (or could arouse reasonable suspicion of this) in relation to a Minister’s private financial interests.
Any exercise or non-exercise by a Minister of a legal power or discretion or other influence on a matter in which the Minister has a pecuniary interest could be challenged in the courts and, if the challenge is upheld, could be declared invalid.
If, for any reason, a Minister is unable or unwilling to dispose of a relevant interest, he or she should consider, in consultation with the Chief Minister, what alternative measures would sufficiently remove the risk of conflict. It may be possible to pass the handling of the matter to an Assistant Minister or an appropriate official in the Department or, exceptionally, to another Minister. In such cases, the advice of the Attorney General and the Chief Executive should be sought to ensure that the relevant powers can be exercised in this way.
Public bodies, trade and business associations
Note to Council of Ministers:
At its meeting on 16th December the Council of Ministers felt that the draft Code went too far in restricting the activities of ministers in relation to public appointments, trade and business associations. An alternative, more flexible, approach is suggested below, and this reiterates the wording given in the first paragraph of this section -
When they take up office, ministers should consider whether any public, trade or business appointments that they may hold will bring them into conflict with their roles as ministers. If so, they should resolve any conflict between the two, at once, and in favour of the public interest.
Assistant ministers
Assistant Ministers will be able to serve more than one department. However, care must be taken to avoid conflicts of interest involving different departments, and in the event of such a conflict, the Assistant Minister would be required to inform the Ministers concerned and take no further part in the matter.
5. Collective responsibility
publicly acting her or m
In their capacity as private members, Ministers are free to bring a proposition to the Assembly on any matter. If such a proposition should concern another Minister’s area of responsibility, she or he should inform the Minister concerned prior to lodging the proposition.
Jersey’s Council of Ministers will work on the basis of consensual and collective decision-taking. In many ways this should be self-evident because if the Chief Minister is forced to take an issue to the vote s/he can expect discontent and trouble not only with the other ministers but also on the floor of the Assembly. With collective decision-taking goes the notion of collective responsibility.
The object of discussion at the Council of Ministers is to find solutions and take decisions by which Ministers can stand collectively with reasonable conviction. This being so, the aim is rarely - unless considerations of timing make it essential - to arrive at an immediate decision, even if this means leaving a substantial minority of Ministers dissatisfied. Simple voting in the Council of Ministers is normally a thing to be avoided, and a Chief Minister may decide that any decision reached at a particular meeting is likely to be divisive and unsatisfactory, and that consideration should be adjourned to a later meeting to allow further reflection and, perhaps, a degree of informal discussion.
Collective responsibility requires that Ministers should be able to express their views frankly in the expectation that they can argue freely in private while maintaining a united front when decisions have been reached. This in turn requires that the privacy of opinions expressed at meetings of the Council of Ministers should be maintained.
It would, of course, be wholly unrealistic to imagine that all Ministers are equally enthusiastic about every Council decision. They accept, however, the need to support the collective will on issues, because they also accept the need for unity and coherence in the work and policies of the government as a whole. Of course, if a Minister feels so strongly about a decision reached in Council that s/he considers s/he must criticise it publicly, s/he has no option but to offer his/her resignation. There are exceptional circumstances in which a Minister would not be bound by collective responsibility, and these are listed below under the heading ‘Exceptions’.
The Council may decide collectively to allow its members to speak or vote independently. Such cases must be rare, if collective responsibility is not to be eroded, but they can arise. One example in Jersey's recent political history might be the debate on the Termination of Pregnancy Law or, in the future, a discussion about the opening of a casino (a policy matter which has moral or ethical dimensions).
In all normal circumstances, however, it is self-evident that the standing and cohesiveness of a government could not long survive if its members were in open public disagreement with each other on public issues of any importance. This does not mean that there is nothing about which Ministers may disagree. They have a right to express their own views on matters of conscience, or to state an opinion on issues outside the ambit of government responsibility.
In general, however, collective responsibility applies to action and comment over the whole field of government policy. In particular, decisions of the Executive or of Ministers on behalf of the executive bind all its members. For them to be so bound, it does not follow that they must have participated actively in the decision-taking process. A Minister is bound by a decision of the Council of Ministers at a meeting that s/he has not been able to attend. If s/he feels sufficiently strongly that the decision was wrong, s/he may ask for it to be discussed in Council again, or s/he may resign; but s/he may not remain a Minister and publicly criticise it.
Collective responsibility also binds members of the Executive in relation to the exercise of a Minister's legitimate discretion, without specific recourse to the Council. Under their powers, Ministers will be required to take decisions day in and day out; it would be impossible to obtain Council sanction for all of these, but intolerable if they were to be publicly criticised by other members of the Executive.
Decisions reached by the Council of Ministers are binding on all Ministers and on Assistant Ministers in the lead department involved in a particular decision. Decisions are normally announced and explained as the decision of the Minister concerned.
In summary, collective responsibility has the following features -
i. A Minister may speak against any proposal in the Council of Ministers, but must subsequently either support the policy decided upon or resign.
ii. Where the policy of a particular Minister is being challenged, it is the Council of Ministers as a whole which is being challenged. Thus, the defeat of a Minister on a major issue represents a defeat for Council.
iii. Every Minister must be prepared to support all Council of Ministers’ decisions both inside and outside the States.
iv. Collective responsibility does not apply to a Minister’s responsibility for his personal mistakes.
v. Any major shift of policy proposed by a Minister must be cleared by the Council of Ministers before it is announced.
Exceptions
There are circumstances under which Ministers have freedom to speak publicly against policies and decisions of the Council of Ministers -
Matters of conscience. There will inevitably be issues where Ministers will be guided by a fundamental religious or moral belief (rather than political ideology).
A declared position. A Minister joining the Council of Ministers may have a previously declared position on a particular subject. It would be unrealistic to expect them to change their position for the sake of the Council’s solidarity. Equally, it would be unacceptable for the Minister to “crusade” in support of that declared position in the knowledge that the Council of Minister does not share their view.
Constituency matters. Issues may arise where there is a strong and specific constituency interest which conflicts with a Council decision. In these circumstances, a Minister from that constituency must have the right to represent that interest if s/he so wishes. Where this is so, the Minister must first make clear their position to the Council of Ministers.
Inconsequential matters. Collective responsibility applies to Council policies and decisions. Where small matters of detail arise, where there can be room for disagreement without those policies or decisions being called into question, Ministers will have the freedom to express themselves.
Unresolved issues. Issues will be raised from time to time which the Council of Ministers has not considered or on which the Council has not taken a decision. Until a Council position is established, Ministers will be free to express themselves. However, if the matter is likely to be discussed by the Council Ministers should consider refraining from comment until after the relevant Council meeting.
Collective exemption. The Council of Ministers may agree to waive the requirement for collective responsibility on any particular matter. However, a personal or political dislike of a Council of Ministers’ decision is not, in itself, sufficient justification for an application to suspend collective responsibility.
Conduct in dissent
Where a Minister exercises their right to a free vote, or to speak publicly against a policy or decision of the Council of Ministers, in accordance with one of the recognised exemptions, they must express themselves towards other Ministers in a responsible way. Even in disagreement, courtesy and respect are due to ministerial colleagues.
Chief Minister
These procedural guidelines apply to the Chief Minister in the same way as to other Ministers.
Assistant Ministers
Assistant Ministers are bound by the convention of collective responsibility in respect of decisions taken within in their department, even if they have not been involved in taking the decision.
In respect of decisions taken by other departments, or by the Council of Ministers itself, with which they have had no involvement, collective responsibility will not apply. However, Assistant Ministers are expected to observe the guidelines on courtesy towards other Ministers and Assistant Ministers outlined above.
6. Legal proceedings involving Ministers
Ministers occasionally become engaged in legal proceedings in their personal capacities but in circumstances which may have implications for them in their official positions. Defamation is an example of an area where proceedings will invariably raise issues for the Minister’s official position. In all such cases they should inform the Chief Minister and consult the Attorney General so that he may express a view on the handling of the case so far as the public interest is concerned.
7. Policy pronouncements
Ministers must take care not to infringe the rules of the States Assembly when publicity is being arranged for new policies or consultation papers.
When making speeches or being interviewed by the media, Ministers cannot speak on public affairs for themselves alone. They speak as Ministers, and the principle of collective responsibility applies. They should ensure that their statements are consistent with the policies of the Council of Ministers and should not anticipate decisions not yet made public.
Ministers should exercise special care when referring to subjects which are the responsibility of other Ministers. Any Ministers who intends to make a speech which deals with, or makes observations which bear upon, matters which fall within another Minister’s responsibilities should consult that Minister.
8 Maintaining the integrity of the States
Elected members should at all times conduct themselves in a manner which will tend to maintain and strengthen the public’s trust and confidence in the integrity of the States of Jersey and shall endeavour, in the course of their public and private conduct, not to act in a manner which would bring the States, or its Members generally, into disrepute.
Elected members should at all times treat other members of the States, officers, and members of the public with respect and courtesy and without malice, notwithstanding the disagreements on issues and policy which are a normal part of the political process.
8A Public comments etc. regarding a States’ employee or officer
Elected members who have a complaint about the conduct, or concerns about the capability, of a States’ employee or officer should raise the matter, without undue delay, with the employee’s or officer’s line manager (or, if he or she has none, the person who has the power to suspend the employee or officer), in order that the disciplinary or capability procedures applicable to the employee or officer are commenced, rather than raising the matter in public.
Elected members should observe the confidentiality of any disciplinary or capability procedure regarding a States’ employee or officer and its outcome. If an elected member is nevertheless of the opinion that it is in the wider public interest that he or she makes a public disclosure of or comment upon the outcome of any such procedure, he or she should inform the parties to the procedure before so doing and, when so doing, refer to the individual by the title of his or her employment or office rather than by his or her name.
In this paragraph, “States’ employee or officer” means a States’ employee within the meaning of the Employment of States of Jersey Employees (Jersey) Law 2005, a member of the States of Jersey Police Force and any officer mentioned in the Schedule to that Law who is not a member of the States.
9. Gifts and hospitality
Ministers should not accept gifts, hospitality or services that might appear to place the recipient under any form of obligation to the giver. In receiving any gift or hospitality, Ministers should consider whether they would be prepared to justify acceptance to the public. The principle applies also in respect of gifts, etc, offered to a member of a Minister’s family.
In the event of any doubt regarding the receipt of a gift, a Minister may seek guidance from the Chief Minister.
Tokens, mementos of official occasions, visits or conferences are not to be regarded as gifts unless they exceed an apparent value of £100.
A gift may be offered to the Department or to a Minister. A gift to a department may be more easily accepted, particularly if it is an object which can be placed on display within the Department.
A gift to a Minister to be retained personally should only be accepted where to refuse would be discourteous. Where a gift is accepted, the following rules apply -
i. Gifts with an apparent value up to £100 may be retained by the recipient;
ii. Gifts of a higher value should be passed to the Department.
There may be occasions on which a minister/department wishes to retain an object which is being offered (i.e. with a value in excess of £100) but does not wish to accept it as a gift. In these circumstances, one option might be to offer to pay for the object.
Travel within the Island and hospitality provided within normal bounds, which is infrequent or reciprocated, cause no difficulty (e.g. attendance as a guest at a formal dinner).
Travel and hospitality, including accommodation, provided outside the Island cause no difficulty if the Minister is fulfilling an engagement at the request of the donor, which is of promotional or other sufficient value to the Island.
10. Travel arrangements
When travelling on official business, Ministers should travel by economy class for short-haul flights (i.e. within the U.K. and Europe), although they may travel by Business Class if they pay the difference between the economy and business fares.
For long-haul flights (i.e. outside Europe), Ministers are able to travel by Business Class.
11. Access to confidential information
Ministers must bear in mind that confidential information which they receive in the course of their duties should only be used in connection with those duties, and that such information must never be used for the purpose of financial gain nor should it be used in their own personal interest or that of their families or friends. In addition, members should not disclose publicly, or to any third party, personal information about named individuals which they receive in the course of their duties unless it is clearly in the wider public interest to do so. Ministers must at all times have regard to all relevant data protection, human rights and privacy legislation when dealing with confidential information and be aware of the consequences of breaching confidentiality.
When leaving office, Ministers should be required to return all remaining confidential official papers.
12 Co-operation with committees and panels
Ministers shall co-operate when requested to appear and give evidence before or produce documents to –
(a) a scrutiny panel, for the purpose of the review, consideration or scrutiny of a matter by the panel pursuant to its terms of reference and the topics assigned to it, or to a sub-panel or any person appointed by the scrutiny panel to review, consider, scrutinize or liaise upon any particular matter;
(b) the PAC, for the purpose of the preparation of a report upon or assessment of any matter pursuant to the PAC’s terms of reference;
(c) a committee of inquiry, for the purpose of the inquiry which the committee is appointed to conduct; and
(d) the PPC, for the purpose of an investigation of a suspected breach of this code, or to any person appointed by the PPC to investigate a suspected breach.”.
13.
14. are expected to follow the same principles as those set out above, and should adopt the same approach to any conflict of interests as set out in sections 4, 6, and 9 above
15. Compliance
Any infringements of the ‘Code of Conduct for Ministers’ must be reported to the Council of Ministers, and the Council will determine an appropriate penalty. In extreme cases of non-compliance, this penalty may consist of bringing a proposition to the States calling for the dismissal of the Minister concerned.
16. Monitoring and review
The Committee considers that the ‘Guidance and Procedure for Ministers’ will provide a comprehensive framework for Ministers and Assistant Ministers in carrying out their work. It is acknowledged, nonetheless, that the Council of Ministers may in the future decide that it wishes to review the ‘Guidance and Procedure’ in the light of changing circumstances. In this event, the Council would prepare revisions to the document and submit these revisions to the States for approval.
12th January 2006
gov.je