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L'înformâtion et les sèrvices publyis pouor I'Île dé Jèrri

Electronic Cigarettes: Regulation: 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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 5 April 2018:

Decision Reference:  MD-HSS-2018-0015

Decision Summary Title :

Electronic cigarette regulation

Date of Decision Summary:

28 March 2018

Decision Summary Author:

 

Director of Public Health Policy  

Decision Summary:

Public or Exempt?

 

Public

Type of Report:

Oral or Written?

Written

Person Giving

Oral Report:

 

Written Report

Title :

Drafting of regulations for electronic cigarette regulation

Date of Written Report:

28 March 2018

Written Report Author:

Medical Officer of Health

Written Report :

Public or Exempt?

 

Public

Subject: Drafting of regulations for electronic cigarette regulation.

Decision(s): The Minister directed officers to submit law drafting instructions to the Law Draftsman for the preparation of new regulations that will require electronic cigarette products to be regulated in accordance with the EU Tobacco Products Directive.

Reason(s) for Decision: The minister, in line with the States of Jersey tobacco strategy commitments, has agreed that it is a priority for Jersey to proceed with bringing into force regulations on electronic cigarettes. This will ensure improvements in quality, efficacy and safety of these products through measures addressing consistency and delivery of ingredients, the provision of clear and consistent messages and safety information to consumers, and restrictions on promotion and advertisement to avoid promotion to non-smokers, children and young people.

 

Resource Implications: None

 

Action required:

Officers to submit law drafting instructions on electronic cigarette regulation to the Law Draftsman.

Signature:

 

 

Position:

Minister for Health and Social Services

Date Signed:

 

Date of Decision (If different from Date Signed):

 

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