Motor Vehicles (Removal from Private Land) (Jersey) Regulations 2019: Provision of Information to Andium Homes Limited & Ports of Jersey Limited

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 June 2019:

MINISTERIAL DECISION REFERENCE: MD-HA-2019-0063
Decision Date: 17 June 2019
DECISION SUMMARY TITLE: Motor Vehicles (Removal from Private Land) (Jersey) Regulations 2019 – provision of information to certain custodian and authorised persons
DECISION SUMMARY AUTHOR:	Policy Principal Strategic Policy, Performance and Population	IS THE DECISION SUMMARY PUBLIC OR EXEMPT? (if exempt state the relevant article/paragraph of the Freedom of Information Law/Regulations)		Public
REPORT TITLE: Motor Vehicles (Removal from Private Land) (Jersey) Regulations 2019 – provision of information to certain custodian and authorised persons
REPORT AUTHOR OR NAME OF PERSON GIVING REPORT: (if different from Decision Summary Author)	n/a	IS THE REPORT PUBLIC OR EXEMPT (if exempt state the relevant article/paragraph of the Freedom of Information Law/Regulations)		n/a
DECISION AND REASON FOR THE DECISION: The Minister for Home Affairs approved the provision of motor vehicle registered keeper information by the Inspector of Motor Traffic to: Andium Homes Limited Ports of Jersey Limited The provision of this information is for purposes connected to the Motor Vehicles (Removal from Private Land) (Jersey) Regulations 2019. The permission includes a person authorised in writing by the organisations to restrict the use of or control the presence of motor vehicles on their land. Regulation 11(1) of the Regulations permits the Inspector of Motor Traffic to provide information (names and addresses) to certain custodians and authorised persons if those persons have permission from the Minister to request information from him or her. This is instead of requesting it from a parochial authority in compliance with Regulation 5(3) or 6(2). If the Inspector of Motor Traffic receives a request from a custodian or authorised person who has the permission of the Minister to make a request for that information, the Inspector must provide such information as may be recorded in the register of motor vehicles. The Minister has decided that both Andium Homes and Ports of Jersey have appropriate arrangements in place to make use of and ensure the safekeeping of motor vehicle registered keeper information directly from the Inspector of Motor Traffic. The provision of this information to Andium Homes and Ports of Jersey will reduce the administration requirements that are placed on parochial authorities, and ensure the efficient application of the measures. This information may only be used for purposes connected with the Regulations, which is limited to the service of notices on persons who are believed to be the owners of motor vehicles that have been parked on private land without permission to be there.
RESOURCE IMPLICATIONS: The provision of registered keeper information is already permitted under the Removal of Vehicles (Private Land) (Jersey) Regulations 2016, which expire on 21 June 2019. The Inspector of Motor Traffic may charge the custodian or authorised person for the release of the information.
ACTION REQUIRED: The Policy Principal to inform the Inspector of Motor Traffic, and Andium Homes and the Ports of Jersey of the Minister’s decision.
SIGNATURE:			POSITION: Connétable Len Norman Minister for Home Affairs
DATE SIGNED:			EFFECTIVE DATE OF THE DECISION: