Revocation of Agreement with HM Government for grant of exclusivity in postal services

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 (10.02.06) to bring to the States Assembly a Report and Proposition ending the exclusivity provisions in postal services agreed in 1969 with HM Government.

Subject:	Economic Development – Revocation of Agreement with HM Government for Grant of Exclusivity in Postal Services to the States of Jersey
Decision Reference:	MD-E-2006-0017		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:
Written report – Title	Economic Development Revocation of Postal Exclusivity Agreement
Written report – Author (name and job title)	Jason Lane, Director of Regulatory Services
Decision(s): The Minister agrees to bring to the Assembly a Report and Proposition (Appendix A) ending the exclusivity provisions in Postal Services agreed in 1969 with HM Government and sanctioned by Order in Council of that date. This Proposition needs to be debated concurrently with the Postal Services (Jersey) Law 2004 Appointed Day Act (No2) and the Postal Services (Transfer) (Jersey) Regulations 200-.
Reason(s) for decision: It is necessary for the Minister to gain the approval of the States requesting the repeal of the relevant Order in Council so that the ending of the exclusivity privilege recognised in the Postal Services (Jersey) Law 2004 does not create a legal conflict.
Action required: (i) Jason Lane to inform Richard Whitehead, Principal Legal Adviser, that the Minister intends to lodge the Report & Proposition and to request that the Principal Legal Adviser conclude these proceedings through the official channel to the Department of Constitutional Affairs in London. Mike Entwistle, Chief Minister’s Department, Richard Bell, Treasury & Resources Department and the Chief Executive of Jersey Post to be informed. (ii) Jason Lane to forward to the Assistant Greffier and the Publications Editor by email Appendix A for reformatting and presentation to the States concurrently with the aforementioned Postal Services legislation. (iii) To be lodged au Greffe on Tuesday 14 February 2006.
Signature: Senator Philip Ozouf (Minister for Economic Development)		Date of Decision: 10 February 2006