STRONGER restrictions on the government use of ‘hush money’ exit agreements for departing employees will be introduced, if proposals are passed by the States.
Deputy Mike Higgins has lodged a proposition which would give the Comptroller and Auditor General greater oversight of compromise and non-disclosure agreements, which are used to prevent staff taking legal action or speaking out against former employers.
In his proposition, Deputy Higgins said: ‘Over the years the States have paid out millions of pounds to ex-employees who have left the employment of the States of Jersey under a wide range of circumstances, including some which are the result of some disastrous failures that the employee had been wholly or largely responsible for.
‘The agreements they enter into with the States are accompanied by non-disclosure clauses which mean States Members or the public do not get to know anything. This is not acceptable.’
If Deputy Higgins’ first proposition is approved, the CAG would be able to review and investigate all compromise and non-disclosure agreements, while their use would be banned where it is not viewed in the ‘public interest’, such as to cover up cases of bullying, criminal activity or sexual harassment.
The backbencher has also lodged a proposition calling for the government to tighten up staff contracts to prohibit misconduct, such as lying to or misleading ministers and other States Members.
The report accompanying his second proposition states that the Deputy believes a small minority of mid-level and senior civil servants have ‘gone rogue’, deliberately ‘thwart’ ministers and are not being held accountable for their actions.
He said: ‘Unfortunately, over the years we have developed a system of impunity, a system whereby some officers believe that they can do what they like or want without fear of being held to account.
‘Some of them hold their political masters with contempt and delight in thwarting those who are democratically responsible.’
The proposition is due to be debated on 25 April.
