Publication of Legal Aid Guidelines

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 23 December 2021

MINISTERIAL DECISION REFERENCE: MD-C-2021-0117
DECISION SUMMARY TITLE: Publication of Legal Aid Guidelines – Presentation to the States Assembly
DECISION SUMMARY AUTHOR:	Senior Policy Officer	IS THE DECISION SUMMARY PUBLIC OR EXEMPT?		Public
REPORT TITLE: Publication of Legal Aid Guidelines
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: In accordance with Article 7 (7) of the Access to Justice (Jersey) Law 2019, the Chief Minister lays the Legal Aid Guidelines (as set out in appendix 1 to the accompanying report) before the States Assembly, which are intended to take effect on 1st April 2022. The Guidelines must be before the States for a period of at least four weeks, during which time a Member of the States may lodge a proposition requesting that the States annul the proposed Guidelines. This period ends at 23:59 on 20th January 2022.
RESOURCE IMPLICATIONS: The Guidelines, if enacted, include a publicly funded fixed fee Public/Criminal Law legal aid scheme. It is estimated that this would represent an additional cost of between £750,000 to £1.5 million per annum. Provision for this anticipated additional resource was made in the Government Plan 2022-25.
ACTION REQUIRED: The Greffier of the States is requested to arrange for the report to be presented to the States Assembly on 23rd December 2021.
SIGNATURE:			POSITION: Senator John Le Fondré Chief Minister
DATE SIGNED:			EFFECTIVE DATE OF THE DECISION: