Law Revision Board: Proposition: Appointment of Member

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 17 January 2012:

Decision Reference: MD-TR-2011-0007
Decision Summary Title:	Report and Proposition on Law Revision Board appointment		Date of Decision Summary:	16 January 2012
Decision Summary Author:	Head of Decision Support		Decision Summary: Public or Exempt?	Public
Type of Report: Oral or Written?	Written		Person Giving Oral Report:	N/A
Written Report Title:	Report and Proposition on Law Revision Board appointment		Date of Written Report:	16 January 2012
Written Report Author:	Head of Decision Support		Written Report : Public or Exempt?	Public
Subject: Report and Proposition on Law Revision Board appointment.
Decision(s): The Minister approved the Report and Proposition on the Law Revision Board appointment to be lodged au Greffe with a request for debate at the earliest opportunity.
Reason(s) for Decision: To enable the Minister to lodge the Report and Proposition on the Law Revision Board appointment.
Resource Implications: There are no financial or staffing implications.
Action required: Final text of report and proposition to be sent to the Publications Editor of the States Greffe by the Head of Decision Support with a request to the Greffier of the States to arrange for the matter to be considered by the States at the earliest opportunity.
Signature:		Position: Senator P F C Ozouf, Minister for Treasury and Resources
Date Signed:		Date of Decision:

Law Revision Board: Proposition: Appointment of of Deputy G. Baudain as a Member

PROPOSITION

Law Revision Board: appointment of member

THE STATES are asked to decide whether they are of opinion 

in accordance with Article 2(1)(a) of the Law Revision (Jersey) Law 2003, to appoint Deputy G.C.L. Baudains of St. Clement as a member of the Law Revision Board.

MINISTER FOR TREASURY AND RESOURCES

REPORT

The Law Revision Board was established by the Law Revision (Jersey) Law 2003 to oversee the preparation of revised editions of the laws of Jersey and to approve their publication. Article 2 of the Law specifies that the Board shall comprise 2 members of the States, appointed by the States, together with the Attorney General, the Greffier of the States and the Law Draftsman.

In 2005, after a project taking some 2½ years, the Law Revision Board brought into force the first Revised Edition of the Laws of Jersey which was published in hard copy and on the Jersey Legal Information Board website (http://www.jerseylaw.je). The Revised Edition is a statement of the law in force at the revision date and enables users to find the current version of each piece of legislation, taking account of the various amendments and repeals that might have changed the original enactment. In addition, through the use of the law revision powers in the Law, the Board was able to ensure that references in the legislation to matters such as the names of bodies or office holders were updated and the text was made gender-neutral. The Revised Edition is undoubtedly an invaluable tool, not only for professionals such as lawyers and those working in the finance industry, but also for members of the public who need to consult local legislation. Its publication has clearly put Jersey at the forefront of comparable jurisdictions in terms of the accessibility of up to date legislation.

In order to keep the Revised Edition up to date the Law Revision Board produces annual updates. These are prepared ‘in house’ by the Law Draftsman’s Office and ensure that the Revised Edition remains current.

Former Deputy F.J. Hill of St. Martin was appointed to the Board in 2006 and Deputy Montfort Tadier was appointed in 2009. With the departure from the States of the former Deputy of St. Martin it is necessary to appoint a replacement member to join Deputy Tadier. The role of the 2 States members on the Board is principally to be satisfied, at a political level, that the annual updates prepared by the Law Draftsman’s Office are ready to be brought into force although, in practice, they will need to rely largely on the legally qualified members of the Board to give the necessary assurance about the contents of the updates. The Board does not now need to meet frequently and in recent years has only held one or 2 meetings a year to approve the annual update and there are, in addition, law revision issues that are occasionally circulated for consideration to Board members by the Law Draftsman.

All States members were recently invited to indicate whether they wished to be considered to fill the vacancy on the Board and I am grateful to all members who expressed an interest. I am pleased to nominate Deputy G.C.L. Baudains to fill the vacancy. Deputy Baudains served as a member of the Board from 2003 to 2008 and therefore has previous experience of the work.

I am extremely grateful to Deputy Tadier for his work over the last 3 years as a member of the Board and I have no hesitation in recommending Deputy Baudains as a new Board Member.

Financial and manpower implications

There are no additional financial or manpower implications for the States arising from this proposition.