Draft Amendment (No 33) to the Tariff of Harbour and Light Dues 200-

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 (18.09.08) to approve the Draft Amendment (No 33) to the Tariff of Harbour and Light Dues 200- and lodge it 'au Greffe'

Decision Reference: MD-E-2008-0185
Decision Summary Title :	DS – Harbour Charges 2009. Amendment to the Tariff of Harbour and Light Dues		Date of Decision Summary:	5th September 2008
Decision Summary Author:	A Boustouler Director, Finance and Information		Decision Summary: Public or Exempt?	Public
Type of Report: Oral or Written?	Written		Person Giving Oral Report:	n/a
Written Report Title :	WR - Amendment to the Tariff of Harbour and Light Dues		Date of Written Report:	5th September 2008
Written Report Author:	A Boustouler Director, Finance and Information		Written Report : Public or Exempt?	Public
Subject: Amendment to the Tariff of Harbour and Light Dues
Decision(s): The Minister approved the report and proposition entitled, ‘draft Amendment (No. 33) to the Tariff of Harbour and Light Dues 200-‘ and determined that the draft Amendment should be lodged ‘au Greffe’ forthwith, with a view to securing the earliest possible date for debate.
Reason(s) for Decision: In order to meet its obligations as a States Trading Operation and under legislation relating to shipping and sea navigation, Jersey Harbours raises charges for the use of port facilities. The Minister concluded that those charges should be raised by up to 3.9 per cent from 1st January 2009. The schedule of charges attached implements the decision of the States of Jersey to approve the Jersey Harbours Business Plan 2009.
Resource Implications: Financial: to meet 2009 income budget Law Drafting: law drafting requirements are a routine annual requirement to existing legislation Manpower: none. IT: none. Property: none
Action required: To lodge a proposition inviting the States to approve in the States the Amendment (No 33) to the Tariff of Harbour and Light Dues. Note: GST will also be added to charges where appropriate.
Signature:		Position: Minister - Economic Development
Date Signed:		Date of Decision (If different from Date Signed):

Draft Amendment (No 33) to the Tariff of Harbour and Light Dues 200-

WRITTEN report - PUBLIC

JERSEY HARBOURS

Amendment (no. 33) to the tariff of harbour and light dues 200-___________________________________________________________________________

PROPOSITION

The States are asked to decide whether they are of the opinion –

In accordance with Article 6 of the Harbour and Light Dues (Jersey) Law 1947, as amended, to approve the draft Amendment (No 33) to the Tariff of Harbour and Light Dues as set out in the Appendix to the Ministerial Decision of the Minister for Economic Development MD-E-2008-0176.

REPORT

Jersey Harbours is designated as a States Trading Operation under the Public Finances (Jersey) Law 2005, and as such undertakes ‘the administration, management, operation, financing, development and maintenance of the harbours of Jersey and their associated facilities’.

The schedule of charges attached implements the decision of the States of Jersey to approve the Jersey Harbours Business Plan 2009.

In order to meet its obligations as a Trading Operation and under legislation relating to shipping and sea navigation, the following charges are proposed under the Tariff of Harbour and Light Dues:

(a) To alter, with no more than a 2.5% increase in each case, the harbour dues for arriving and departing passengers and vehicles carried on ‘drive on / drive off ‘ ferries in line with the States Anti Inflationary Strategy;

(b) In order to cover increasing security demands by TRANSAS on port and vessel security, to introduce an additional element to the charge for passengers of £3.00 over and above the standard passenger charge for arriving and departing passengers on cruise ships only.

This element to the passenger due is being introduced in order that, in the event of an increase in cruise liner visits, the associated costs are adequately covered;

(c) alter, with no more than a 3.9% increase in each case (and a reduction in some), the dues payable for marina, visiting craft and other mooring spaces, except for the items from Section B of Part 3 listed in the following table (which exceed a 3.9% increase) –

Paragraph	2008	2009
2(a)(i)	£22.00	£23.30
	£27.00	£28.16
	£36.00	£37.86
(d)	£43.63	£45.36
(e)	£58.20	£60.48
(f)	£72.74	£75.60
(g)	£71.22	£75.54
(h)	£83.08	£88.13
9	£10.17	£10.68
	£12.73	£13.59
	£16.52	£17.48

Leisure Dues

Leisure dues are recognised as not being directly related to the Island’s inflation rate. The Finance and Economics Committee previously commented in the States that: ‘The Committee believes that it is important that users of marinas and moorings do not receive a service subsidised by commercial users of the Harbour or the taxpayer.’ It is therefore proposed that these be increase by RPI(Y) of 3.9%.

These charges are also subject to GST as from 1st January 2009. Where the price increases are above 3.9%, this is to allow for the rounding to the nearest whole pound once GST has been applied.

There are no manpower implications and the additional income to be received is estimated at £140,000.

A. Boustouler

FINANCE DIRECTOR

Sept 08