Freedom of Information (Schedule 1 to Law (Amendment) (Jersey) Regulations 201-

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 16 May 2014:

Decision Reference: MD-C-2014-0100
Decision Summary Title :	Freedom of Information (Amendment to Schedule 1) (Jersey) Regulations 201-		Date of Decision Summary:	16th May 2014
Decision Summary Author:	Head of Information Management		Decision Summary: Public or Exempt? (State clauses from Code of Practice booklet)	Public
Type of Report: Oral or Written?	Written		Person Giving Oral Report:
Written Report Title :	Freedom of Information (Amendment to Schedule 1) (Jersey) Regulations 201-		Date of Written Report:	16th May 2014
Written Report Author:	Head of Information Management		Written Report : Public or Exempt? (State clauses from Code of Practice booklet)	Public
Subject: Freedom of Information (Amendment to Schedule 1) (Jersey) Regulations 201-
Decision(s): The Chief Minister approved the attached Ministerial Report regarding the attached Freedom of Information (Amendment to Schedule 1) (Jersey) Regulations 201- (the “Schedule 1 Regulations”) and has requested the Interim Head of Information Management to lodge the Schedule 1 Regulations together with the Ministerial Report on 19th May 2014.
Reason(s) for Decision: It is intended that the Freedom of Information (Jersey) Law 2011 will come into force on 1st January 2015 by an Appointed Day Act. It will be necessary for the Schedule 1 Regulations to come into force at the same time as the Law in order for the provisions of the Freedom of Information (Jersey) Law 2011 to work effectively after it is brought into force.
Resource Implications: None
Action required: The Head of Information Management is to forward the Ministerial Report and the Schedule 1 Regulations attached to this Ministerial Decision to the States Greffe for the Schedule 1 Regulations to be lodged on 19th May 2014 for debate.
Signature:		Position: Chief Minister
Date Signed: 16th May 2014		Date of Decision (If different from Date Signed):

Freedom of Information (Schedule 1 to Law (Amendment) (Jersey) Regulations 201-

REPORT

The States agreed that the FOI Law should come into force by the end of 2015. This has been brought forward by one year as it is the Chief Minister’s intention that the Law be fully implemented by 1st January 2015 and the ground work for implementation commenced after the Law was adopted in 2011.

Members will recall that there is to be phasing-in of public authorities to be covered by the Law.

The definition of “public authority” is very wide. The Law defines “public authority” as –

‘(a) the States Assembly including the States Greffe;

(b) a Minister;

(c) a committee or other body established by a resolution of the States or by, or in accordance with, standing orders of the States Assembly;

(d) an administration of the States;

(e) a Department referred to in Article 1 of the Departments of the Judiciary and the Legislature (Jersey) Law 19652;

(f) the States of Jersey Police Force;

(g) a parish;

(h) to the extent not included in paragraph (a) to (g) above, any body (whether incorporated or unincorporated) –

(i) which is in receipt of funding at least half of which is from the States in one or more years,

(ii) which carries out statutory functions,

(iii) which is appointed, or whose officers are appointed, by a Minister,

(iv) which appears to the States to exercise functions of a public nature, or

(v) which provides any service under a contract made with any public authority described in paragraphs (a) to (g), the provision of such service being a function of that authority;’.

The first group of public authorities to be covered by the Law is set out in Schedule 1 of the Law -

“Schedule 1

The States Assembly including the States Greffe.
A Minister.
A committee or other body established by resolution of the States or by or in accordance with standing orders of the States Assembly.
An administration of the States.
The Judicial Greffe.
The Viscount’s department.”

Legal advice has been received that one of the categories, namely “an administration of the States” is not clear.

The definition of “administration of the States” in the Freedom of Information Law is –

“In this Law, unless a contrary intention appears, ‘administration of the States’ means –

(a) a department established on behalf of the States; and

(b) a body, office or unit of administration, established on behalf of the States (including under an enactment);”

Part (a) of the definition is clear.

Part (b) requires further clarification and these regulations therefore change paragraph 4 of the Schedule so that it refers only to “a department established on behalf of the States”. Further work needs to be completed before part (b) is captured in the Schedule. Some of this work overlaps with the careful identification of all entities which come under the definition expressed in (h) above. This work is underway and further entities will be added to Schedule 1 by regulation until all are covered.

The Chief Minister is pleased to announce that the States of Jersey Police Force will be covered from 1st January 2015, and these regulations accordingly now add SOJPF to Schedule 1.

Financial and manpower comments

The budget for the introduction of freedom of information has already been agreed. There is no new expenditure arising from these regulations.

2014.05.14