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Proceeds of Crime (Provision of Information by Trustees) (Jersey) Order 2021: Amendment: Law drafting instructions

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 8 February 2023:

Decision Reference:  MD-ER-2023-41

Public

Subject: Drafting Instructions – Amendments to Proceeds Of Crime (Provision Of Information By Trustees) (Jersey) Order 2021

 

Report Title: Drafting Instructions – Amendments to Proceeds Of Crime (Provision Of Information By Trustees) (Jersey) Order 2021

Public

Decision(s):

The Assistant Minister decided to request the Principal Legislative Drafter to draft amendments to the Proceeds Of Crime (Provision Of Information By Trustees) (Jersey) Order 2021 ('the Order').

Reason for Decision(s):

The Financial Crime Strategy Team continue to prepare for the MONEYVAL assessment of the jurisdiction taking place in 2023. In doing so, two minor amendments have been identified as required to the Order to enable the jurisdiction to demonstrate elements of technical compliance with the Financial Action Task Force Recommendations.

Resource Implications: There are no new financial and/or manpower implications.

 

Action Required: Principal Legislative Drafter to be requested to draft legislation.

Signature:

 

 

Signed By: Assistant Minister for External Relations and Financial Services

Date Signed:

 

 

Date of Decision (If different from Date Signed):

 

 

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