States of Jersey Law 2005: Proposed amendments

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 9 June 2017:

MINISTERIAL DECISION REFERENCE: MD-C-2017-0064
DECISION SUMMARY TITLE: Law Drafting – Responding to P.53/2016 (as amended): Machinery of Government
DECISION SUMMARY AUTHOR:	Policy Officer, Community and Constitutional Affairs	IS THE DECISION SUMMARY PUBLIC OR EXEMPT?		Public
REPORT TITLE: Responding to P.53/2016 (as amended): Machinery of Government
REPORT AUTHOR OR NAME OF PERSON GIVING REPORT:	Policy Officer, Community and Constitutional Affairs	IS THE REPORT PUBLIC OR EXEMPT?		Public
DECISION AND REASON FOR THE DECISION: The Chief Minister authorised Officers to liaise with the Law Draftsman to develop draft amendments to the States of Jersey Law 2005 and, where necessary, the Standing Orders of the States of Jersey and other consequential amendments, in order to develop proposed improvements to the machinery of government arising from the consideration of matters identified in P.53/2016 as amended.
RESOURCE IMPLICATIONS: None as a consequence of this Ministerial Decision.
ACTION REQUIRED: Officers to engage with the Law Draftsman.
SIGNATURE:			POSITION: Senator Ian Gorst Chief Minister
DATE SIGNED:			EFFECTIVE DATE OF THE DECISION: