Government of Jersey

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 1 December 2014:

Decision Reference: MD -HSS-2014-0055
Decision Summary Title :	Appointment of Assistant Ministers		Date of Decision Summary:	28th November 2014
Decision Summary Author:	Assist Director Policy, Communications and Ministerial Support		Decision Summary: Public or Exempt?	Public
Type of Report: Oral or Written?	Written		Person Giving Oral Report:	N/A
Written Report Title :	Appointment of Assistant Ministers for Health and Social Services		Date of Written Report:	28th November 2014
Written Report Author:	Assist Director Policy, Communications and Ministerial Support		Written Report : Public or Exempt?	Public
Subject: Appointment of Assistant Ministers for Health and Social Services
Decision(s): That Connétable J.M. Refault of St Peter and Deputy P.D. McLinton of St Saviour are appointed Assistant Ministers for Health and Social Services. The portfolio responsibilities of each of the Assistant Ministers for Health and Social Services are set out and a report submitted By the Minister of Health and Social Services to the Chief Minister That delegated functions to the Assistant Ministers are incorporated in the Health and Social Services Delegated Functions Schedule
Reason(s) for Decision: Under Article 25(1) of the States of Jersey Law 2005 the Minister for Health and Social Services may appoint one or more elected members as his or her Assistant Ministers. In accordance with Article 25(2), the appointment of Connétable J.M. Refault and Deputy P.D. McLinton as Assistant Ministers has been consented by the Chief Minister. Article 28 of the States of Jersey Law 2005 enables the Minister to delegate functions vested in the Minister to either Assistant Ministers or Officers.
Resource Implications: There are no resource implications arising from this Decision.
Action required: The portfolio responsibilities of the Health and Social Services Assistant Ministers to be agreed and notified to the Chief Minister. The Health and Social Services Delegated Functions Schedule be updated For the Greffier to present the attached schedule of Delegated Ministerial functions for the Health and Social Services Department to the States.
Signature:		Position: MINISTER FOR HEALTH AND SOCIAL SERVICES
Date Signed:		Date of Decision (If different from Date Signed):

Health and Social Services: Assistant Ministers - Appointment and Delegation of Functions

STATES OF JERSEY HEALTH & SOCIAL SERVICES DEPARTMENT

Report outlining the key areas of responsibilities, delegations of functions and boundaries of responsibilities, in support of the Minister for Health and Social Services

TITLE: APPOINTMENT OF ASSISTANT MINISTERS FOR HEALTH AND SOCIAL SERVICES NOVEMBER 2014 - 2017

DATE: 28th November 2014

Purpose of Report

To clarify the roles and responsibilities of the Assistant Ministers, appointed to support the Minister for Health and Social Services in his Ministerial duties.

Background

In appointing his Assistant Minister, the Minister for Health and Social Services is required to report to the Chief Minister on the areas of responsibility being allocated to each of his Assistant Ministers, including the boundaries of their delegated functions and levels of authorisation.

Article 28 of the States of Jersey Law 2005 enables the Minister to delegate functions vested in the Minister to either Assistant Ministers or Officers under the following regulations:

(1) A Minister may delegate, wholly or partly, functions conferred upon or vested in the Minister by or under this Law or any other enactment or any enactment of the United Kingdom having effect in Jersey, to;

(a) one of his Assistant Ministers

(b) an officer

(2) A Minister shall not delegate –

(a) any power to make an enactment;

(b) any power to decide an appeal under an enactment;

(3) The delegation of functions by a Minister under this Article shall not prevent the Minister exercising those functions personally

Boundaries of Responsibility

The boundaries of responsibility identify the key areas of Health and Social Services delegated to the charge of each Assistant Minister, including key activities and decision-making authorities.

Assistant Minister delegated functions are incorporated into the Health and Social Services Delegation of Functions Schedule, revised November 2014 (see Appendix 1)

 Minister for Health and Social Services

Minister for Health and Social Services Senator Andrew Green, is responsible for the Island’s health and social wellbeing. In this role he is responsible for

Reform of the current health and social care system in Jersey
Provision of a wide array of hospital services
Monitoring and improvement of the quality of all health and social care related services
Education and development of medical professionals
Provision of a co-ordinated approach to mental health care
Offering psychological/psychiatric support services
Provision of social care and support in the community in care or respite homes or day centres for vulnerable Islanders, including children, adults and older adults
Influencing and creating conditions which allow people to improve their health
Advising about the maintenance of a safe and healthy environment
Enforcement of public health regulations
Monitoring of health-related environmental issues
Prevention and control of infectious diseases
The care of Jersey’s Looked After Children (those who are in the care of the Minister, for example, in foster care, or in a children’s home either in Jersey or the UK)

The Minister shall retain overall political oversight and authority for all Health and Social Services matters, and Assistant Ministers shall be required to ensure the Minister is fully briefed on all issues related to the business areas for which they each retain delegated responsibility.

The Minister for Health and Social Services shall retain sole responsibility for the following areas:

 Children’s Services

 CAMHS (Children’s and Adults Mental Health Services)

 Safeguarding (including CPG/APG)

 Mental Health Review

 Mental Health Law

 All Public Health matters

 All Corporate Business

 P82 Transformation Programme

 Decision-making on the Future Hospital Development Project

 Assistant Minister (Hospital & Acute Services) Connétable John Refault

Connétable Refault will be responsible for political oversight specifically of Hospital and Ambulance services, including strategic planning, property matters, operational delivery and management of associated workforce.

Responsibilities will extend to:

 Dealing with Ministerial Questions

 Responding to enquiries from the public – unless directed specifically for the attention of the Minister for Health and Social Services

 Dealing with Media enquiries, issuing responses, media interviews etc

 Attending meetings and events

 Responding to enquiries from States Members - unless directed specifically for the attention of the Minister for Health and Social Services

 Responding to Scrutiny enquiries and dealing with related questions at Scrutiny Hearings - unless directed specifically for the attention of the Minister for Health and Social Services

 Signing of Ministerial Decisions related to this Directorate

 Ministerial liaison with Directorate Management and staff

 Jointly with the Minister for Health and Social Services, business relating to the Future Hospital project

Connétable Refault will also deputise for the Minister for Health and Social Services in his absence, holding delegated authority to sign Ministerial Decisions and manage Ministerial business as necessary to maintain business flow.

 Assistant Minister (Mental Health Services) Deputy Peter McLinton

Deputy McLinton is responsible for political oversight of Mental Health Services, including strategic planning, operational delivery and management of associated workforce.

Responsibilities will extend to:

 Under the direction of the Minister for Health and Social Services, responding to Ministerial Questions

 Under the direction of the Minister for Health and Social Services, responding to enquiries from the public – unless directed specifically for the attention of the Minister for Health and Social Services

 Dealing with Media enquiries, issuing responses, media interviews etc

 Attending meetings and events

 Under the direction of the Minister for Health and Social Services, responding to Scrutiny enquiries and dealing with related questions at Scrutiny Hearings - unless directed specifically for the attention of the Minister for Health and Social Services

 Ministerial liaison with Directorate Management and staff

November 28th 2014