Foundations (Jersey) Law 200-.

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 (09/09/2008) regarding: Foundations (Jersey) Law 200-.

Decision Reference: MD-E-2008-0177
Decision Summary Title :	Foundations (Jersey) Law 200-		Date of Decision Summary:	5 September 2008
Decision Summary Author:	James Mews Finance Industry Development		Decision Summary: Public or Exempt? (State clauses from Code of Practice booklet)	Public
Type of Report: Oral or Written?	Written		Person Giving Oral Report:
Written Report Title :	Foundations (Jersey) Law 200-		Date of Written Report:	5 September 2008
Written Report Author:	James Mews Finance Industry Development		Written Report : Public or Exempt? (State clauses from Code of Practice booklet)	Public
Subject: Approval of the draft Foundations (Jersey) Law 200- (“the Draft Law”) for lodging.
Decision(s): To approve the Draft Law and the attached report and sign the declaration of compatibility with the European Convention on Human Rights and for the documents to be lodged au Greffe in order that the Law is debated by the States on 21 October 2008.
Reason(s) for Decision: The Draft Law provides for the creation of a new Jersey legal entity, the foundation. This is intended as an asset management and distribution vehicle. It is believed that foundations will be a valuable addition to the range of products offered by Jersey’s financial services industry. Further, foundations exist or are being developed in a number of our competitor jurisdictions, and this Law will help us to remain competitive. The Law Officers Department have stated that the Draft Law does not raise any Human Rights issues and that all tariffs for new offences created are commensurate with similar existing offences.
Resource Implications: There are no measurable financial or manpower costs for the States.
Action required: To approve the Law and the attached report and sign the declaration of compatibility with the European Convention on Human Rights and for the documents to be lodged au Greffe in order that the Law is debated by the States on 21 October 2008.
Signature: Senator Philip Ozouf		Position: Minister for Economic Development
Date Signed:		Date of Decision (If different from Date Signed):