Protocol for Interaction with the E.S.&C. Ministerial Team.

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 (04/12/2006) regarding Protocol for Interaction with the Ministerial Team.

Subject:	Protocol for Interaction with the Ministerial Team
Decision Reference:	MD-ESC-2006-0066	Exempt clause(s):		n/a
Type of Report (oral or written):	Written Report	Person Giving Report (if oral):		n/a
Telephone or e-mail Meeting?	n/a	Report File ref:		ESC/Governance/Ministerial Government/Ministerial Reports/20061130 Minister re Ministerial Protocol
Written Report – Title:	Protocol for interaction with the Ministerial Team	Written report – Author:		M. Heald, Assistant Director, Policy and Planning.
Decision(s): a) To agree a Protocol for the interaction between the Ministerial Team and the Department’s Senior Management Team.
Reason(s) for decision: The Protocol has been developed as a result of a review into the interaction between the Ministerial Team and the Senior Management Team. The Minister and Assistant Ministers considered the outcome of this review on the 13th November, 2006, including a draft protocol. Approval of this protocol is now required. This decision has no additional funding or staffing implications on the Department.
Action required: 1) Circulate the Protocol to senior managers in the Department.
Signature:			Date of Decision: 4 December 2006

Protocol for Interaction with the E.S.&C. Ministerial Team.

Ministerial Report
Subject:	Protocol for interaction with the Ministerial Team
		Date:	30th November, 2006

Author:	Michael Heald, Assistant Director Policy and Planning

1. Introduction

In the light of the Ministerial Team’s consideration of the process of interaction with officers on the 13th November, 2006, the Minister is asked to agree the Protocol for interaction between the Ministerial Team and the Senior Management Team.

2. The Protocol

The protocol is attached.

The Chief Minister’s Department has recently issued guidance on the Ministerial decision-making process. Having reviewed this document, it is believed that the current ESC processes cover the items identified. It has, however, been included as an attachment to the Protocol as it offers importance guidance with regard to decision-making.

3. Next Steps

Once agreed, the Protocol will be circulated all Heads of Service within the Department.

4. Recommendation

The Minister is recommended to agree the Protocol for interaction between the Ministerial Team and the Senior Management Team.

Education, Sport and Culture

Working with the Ministerial Team

Protocol

Interaction/Decision-making

· The Minister will deal with items either:

o As part of a regular meeting with Assistant Ministers; or

o As part of ‘ad-hoc’ meetings within the Department; or

o Through telephone or e_mail meetings.

· Items can be presented to the Minister for decision by the Chief Officer and the members of the Senior Management Team only. This does not, of course, preclude others from developing items and attending meetings.

· In general, the Chief Officer and members of the Senior Management Team only are authorised to take instructions and/or agree decisions from/with the Minister or Assistant Ministers. Where it is necessary for another Member of staff to receive instructions from the Ministerial Team, the staff member concerned would be expected to discuss it with the Director or their Assistant Director.

· The decision-making process will comply with the ‘Guidelines for Ministerial Decisions’, issued by the Chief Ministers Department, which is attached to this protocol.

Regular Formal Ministerial Meetings

· One formal meeting every two weeks will be scheduled with the Ministerial Team (i.e. Minister and Assistant Ministers). This is currently alternate Mondays at 2:00pm.

· An agenda will be sent out in advance by e_mail (on the Friday).

· Papers will be submitted in advance, but independently from the agenda and sent direct by the originator.

· The Director (or his nominee) and the Assistant Director, Policy and Planning will attend these meetings and other officers will attend to present their items.

· An action list will be maintained and reviewed at each meeting.

· A series of meetings will take place throughout the year between the Ministerial Team and the Senior Management Team to consider key strategic or policy items.

Other Meetings

· Ad-hoc meetings can be arranged with the Minister or Ministerial Team to discuss specific items, these will be attended by the Director (or his nominee) and officers will attend to present their items.

· Papers for ad-hoc meetings will be circulated to both the Minister and the Assistant Ministers in advance.

· Telephone and e_mail meetings can be organised and all the Assistant Ministers should be copied into correspondence.

Papers and Reports

· The majority of items for decision should be supported by a paper (in the standard format).

· Papers to be considered by the Minister will have been approved by the Senior Management Team or the Director before being presented.

· Papers will be circulated to the Assistant Ministers at the same time they are sent to the Minister.

· Under normal circumstances, papers will be provided to the Minister and Assistant Ministers at least three working days in advance of a decision being required.

Recording Decisions

· Decision Templates must be agreed with the SMT or Director in advance of being put to the Minister.

· The signature of Decision Templates must be overseen by the Director/his designate.

· Copies of decision all summaries should be sent to Assistant Ministers for information

Management of the Process

· The Assistant Director, Policy and Planning will be responsible for the management of all aspects of the interaction with the Minister, including:

o Ensuring meetings are properly serviced.

o Co-ordinating reports and papers from the Department to the Minister.

o Ensuring decisions taken and recorded properly and in accordance with published guidance.

o Managing the actions that emerge from the interaction with the Minister and the interface with the SMT.

o Liaising with other Departments (such as the States Greffe) with regard to the Ministerial system.

o Ensuring regular business (e.g. States Member’s questions) are managed in a timely manner.

o Ensuring that communications are effective and well co-ordinated.

Chief Minister’s Department

Guidelines for Ministerial Decisions

The RC of 18 October 2005, sets out the basis and process for making and recording Ministerial Decisions.

Whilst the RC sets out the formal process there are some associated points which will ensue that there is an appropriate governance arrangement in relation to the separation of advice to Ministers, the actual process of decision making and the implementation of decisions. Those points are as follows:-

1. It is inappropriate for Ministers to take decisions without receiving advice from their officers. Where matters are particularly significant or controversial that advice should whenever possible be reviewed by the Chief Officer.

2. A Minister should not attend meetings with external parties where decisions may be requested without the support of an officer. In all but the most urgent of cases the Minister should not be expected to make a decision on the spot. The Minister should be afforded the opportunity to reflect upon the matter and consider appropriate advice and evidence.

3. A Minister might indicate their intent verbally or by other means, but a decision will only be made when the Ministerial decision is signed, or in extremis agreed remotely.

4. The decision form must as far as possible be fully completed and supported by appropriate information and a trail to relevant documents.

5. The officer providing advice and/or completing the decision form is accountable for the advice given. It should be complete and balanced and reflect the officer’s best professional advice. Ministers as the decision taker are free to take a different view and a contrary decision to the advice received. The Minister’s reasoning should be recorded as far as possible.

6. Officers will be expected to implement Ministerial decisions regardless of the advice given. If however a decision were to result in an illegal act, contravene financial directions or create a significant risk to the States or the Island the officer should refer the matter to the Chief Officer of the department or, if they are a Chief Officer to the Chief Executive to the Council of Ministers.

Those senior officers will be expected to discuss the matter with the Minister or the Council of Ministers in order to resolve it appropriately.

7. In the case of a decision which contravenes financial direction or would otherwise contravene the role of Accounting Officer the Minister will have to issue a direction. The Accounting Officer will then follow the rules laid out for such matters.

8. Chief Officers are personally responsible for ensuring that Ministers are appropriately supported and that all appropriate officers are fully aware of and trained to fulfil their responsibilities.

9. Ministers are personally responsible for ensuring that they follow the rules and guidelines to ensure that their actions are subject to sufficient governance and that there is appropriate separation of advice and recording of decisions.

10. In order to ensure appropriate segregation of responsibilities Ministers should whenever possible refrain from implementing their own decisions.

17th November 2006