Jersey Post Memorandum of Understanding

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 (12/10/2006) regarding Jersey Post Memorandum of Understanding - Stamp Design Approval.

Subject:	Jersey Post Memorandum of Understanding – Stamp Design Approval.
Decision Reference:	MD-TR-2006-0106	Exempt clause(s):		N/A
Type of Report: (oral or written)	Written	Person Giving Report (if oral):		N/A
Telephone or e-mail Meeting?	N/A	Report File ref:		GB/01/10/10/06
Written Report – Title	Jersey Post – Stamp Approval.	Written report - author		George Butler – Strategic Investment Manager
Decision(s): The Minister approved the removal of Section 21 of the Memorandum of Understanding between the Minister and Jersey Post International Limited, entitled ‘Postage Stamps’.
Reason(s) for decision It having been recognised that the Bailiff and Lieutenant Governor fulfil the role provided for by this Section of the Memorandum it is no longer required.
Action required: Section 21 of the Memorandum of Understanding is to be deleted. A letter confirming the decision will be sent from the Minister to Jersey Post International Limited and copied to the Bailiff and Lieutenant Governor.
Signature: (Minister/ Assistant Minister)			Date of Decision: 12th October 2006

Jersey Post Memorandum of Understanding - Stamp Design Approval.

MINISTER FOR TREASURY AND RESOURCES

JERSEY pOST – Stamp Approval

Purpose of the report

The Minister is asked to approve an amendment to the Memorandum of Understanding with the Board of Jersey Post Limited, removing the requirement for the Minister to approve stamp designs.

Background

1) The existing Memorandum of Understanding includes the following section in respect of the approval of stamp designs:

Postage Stamps

a. All postage stamp designs bearing the word 'JERSEY' must be submitted by the Jersey Post Group to the Minister for approval, before the assent of H M The Queen is obtained in connection with the use of her effigy or other royal device.

b. In this connection the reputation of the States and of the Island in social, commercial, economic and political matters needs to be maintained.

c. Designs should be forwarded as early as possible to the Minister for onward transmission to the Lord Chancellor’s Department through the Bailiff and the Lieutenant Governor.

d. Unless the Treasury has reputational concerns the Minister envisages that the T&R Dept. will submit designs to the Bailiff within five working days and will expedite the approval process where possible.

2) The Managing Director of Jersey Post has requested that the Memorandum of Understanding be amended to remove the requirement of the Minister for Treasury and Resources to approve the final stamp designs prior to their conveyance to H M The Queen.

3) It is proposed that the Minister could, if deemed necessary, approve the stamp subject matter at the beginning of the design process.

4) Moreover, the Minister is asked to consider if any Ministerial approval of stamp design is necessary given the other stages in the process by which H M The Queen authorises the production of new stamps bearing her effigy.

Comments

1) At present the following approval process is undertaken following Jersey Post and Minister for Treasury and Resources approval of final stamp designs.

· Bailiff’s office for political clearance

· Office of Lieutenant Governor for conveyance to the Office of Constitutional Affairs

· Office of Constitutional Affairs

· Buckingham Palace

· Her Majesty The Queen

2) The role that the Bailiff and Lieutenant Governor play in the approval process afford reputational protection for the States and the Island prior to final designs being presented for Royal approval.

Recommendations

1) In view of the involvement of the Bailiff and the Lieutenant Governor in the process by which stamp designs are approved it is recommended that Section 21 of the Memorandum of Understanding, entitled ‘Postage Stamps’, be removed.

2) The Minister is recommended to write to the Managing Director of Jersey Post informing the company of this decision. This letter should be copied to both the Bailiff and the Lieutenant Governor to ensure that they are aware that the Minister will not be involved in the approval process in future. (Copy of letter as attached)

George Butler Corporate Finance

18 October, 2006 for Ministerial Meeting on 12/10/06