Comptroller and Auditor General (Board of Governance) (Jersey) Order 2015: Amendment: Law drafting instructions

Information about the publication of Ministerial Decisions

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 30 July 2020

MINISTERIAL DECISION REFERENCE: MD-C-2020-0066
DECISION SUMMARY TITLE: Amendments to the Comptroller and Auditor General (Board of Governance) (Jersey) Order 2015 – Article 2 Drafting Instructions
DECISION SUMMARY AUTHOR:	Senior Policy Officer	IS THE DECISION SUMMARY PUBLIC OR EXEMPT?		Public
REPORT TITLE: Amendments to the Comptroller and Auditor General (Board of Governance) (Jersey) Order 2015 – Article 2 Drafting Instructions
REPORT AUTHOR OR NAME OF PERSON GIVING REPORT: (if different from Decision Summary Author)	Senior Policy Officer	IS THE REPORT PUBLIC OR EXEMPT		Public
DECISION AND REASON FOR THE DECISION: The Deputy Chief Minister (acting in the temporary absence of the Chief Minister) requested that drafting commence on Comptroller and Auditor General (Board of Governance) (Jersey) Order 2015 (“the 2015 Order”). The amendment to the 2015 Order is required to allow for the extension of the term of office of two current members of the Board of Governance for a further 6-month period as it has not been possible to undertake a recruitment campaign during the Covid-19 period.
RESOURCE IMPLICATIONS: None
ACTION REQUIRED: The Senior Policy Officer will forward this decision to the Legislative Drafting Office and request that the Order is prepared.
SIGNATURE:			POSITION: Senator Lyndon Farnham Acting Chief Minister
DATE SIGNED:			EFFECTIVE DATE OF THE DECISION:

Introduction

The Comptroller and Auditor General (Board of Governance) (Jersey) Order 2015 (“the 2015 Order”) provides for the arrangements relating to Comptroller and Auditor General’s Board of Governance.

Article 2 (5) of the 2015 Order provides for a fixed four-year term for Board members.
Article 2 (3) provides that Board members are appointed by the Chief Minister and Chair of the Public Accounts Committee with the consent of the States. Any re-appointment for a period of less than four years is not possible without an amendment to the 2015 Order
Article 4 (1) provides that a meeting of the Board is quorate if it includes the C&AG plus at least 2 of independent members appointed by the States (a total of 3 members may be appointed)

The States approved P.80/2016, in accordance with Article 3 of the Order, and appointed a Chairman and one other independent member to the Board, both for a period of 4 years, with immediate effect from 14th September 2016.

Mr. Peter Price as Chairman
Professor Russell Griggs, O.B.E. as a member

The terms of office of Mr Price and Professor Griggs are due to end on 13th September 2020. Due to the Covid-19 pandemic, no recruitment process has yet commenced for new Board members. If both positions are unfilled at the end of Mr Price’s and Professor Griggs’s terms of office the Board would be inquorate.

Part 3 of the Comptroller and Auditor General (Jersey) Law 2014 provides for the powers and duties of the Comptroller and Auditor General, including –

Article 15 (1) provides that the Chief Minister may establish a board
Article 15 (2) provides that an Order may be made specifying, amongst other things, the appointment, dismissal and removal from office of members

Article 15 (3) provides that, before making an Order, the Chief Minister must consult with the Chairman of the Public Accounts Committee

The Chief Minister proposes to extend the appointments of Mr Price and Professor Griggs for an additional 6 months to 13 March 2021, beyond the normal four-year term.

This will –

(a) allow for an effective recruitment campaign to be run in due course, and

(b) as a new C&AG took office on 1st January 2020, this solution also ensures Board continuity in terms of independent members in her first year in office and during the unprecedented time of the Covid-19 pandemic.

The Chief Minister has consulted with the Chair of the Public Accounts Committee and obtained her agreement to this proposal.

The 2015 Order needs to be amended to allow for the proposed extended period of appointment.

Instructions

The law draftsman is asked to amend the 2015 Order in order to provide that the existing four-year term for Board members may be extended by 6 months. This extension is required due to the inability to recruit new members during the Covid-19 period. This is a one-off extension; the law draftsman does not need to provide for a similar extension to be used except for in the case of Mr Price and Professor Griggs.

It is anticipated that the 2015 Order may be subject to a more detailed review in 2021.