Under the controversial ‘collective responsibility’ principle, ministers and at least two assistant ministers are required to support government proposals, even if they are in disagreement with them.
The rule has put ministers in difficult positions, including the recent occasion when Economic Development Minister Lyndon Farnham was asked to vote in favour of the new retail tax in the Budget, despite being opposed to its rate of 20 per cent.
Senator Farnham declined to vote on Senator Philip Ozouf’s amendment, which would have cut the tax rate to ten per cent, while his assistant ministers, Deputy Murray Norton and Constable Steve Pallett, both breached collective responsibility by supporting the proposal.
The States ended up voting in favour to impose the tax on large retailers with profits of £500,000 and over on a sliding scale, with those earning more than £750,000 taxed at the top rate of 20 per cent.
Chief Minister Ian Gorst announced earlier this year his intention to scrap the rule as part of proposed reforms to the ‘machinery of government’ in the wake of a damning report published by the Comptroller and Auditor General on how the Jersey Innovation Fund was run.
The minister confirmed that proposed changes to States of Jersey law, which would remove collective responsibility, had already been circulated to States Members.
‘A report which included the removal of collective responsibility from the States of Jersey Law was first presented to the Council of Ministers on 20 November 2017,’ said Senator Gorst.
‘The move is one of a number of changes which are designed to strengthen accountability and improve governance. Amendments to the law will now be lodged and have been presented to various groups of States Members.’
Senator Farnham said that he believed that removing the collective-responsibility principle would have the support of both ministers and backbenchers.
‘I understand that the Chief Minister has general support from other ministers for this and I believe other Members are supportive as well,’ he said.
‘It will require changes to the States of Jersey law, which will require a proposition. I would prefer it if this is tabled not just by the Chief Minister but by the other ministers collectively as well.’ He added: ‘While I get the impression that ministers are generally supportive of this we do need to make sure that the government can continue in a structured manner.
‘The way it works at present we have robust debates but we still come to an agreement eventually. But you can have a real conflict of interest, such as with the retail tax, which was difficult for me to support as Economic Development Minister.’
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