Government of Jersey

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 25 September 2015:

Decision Reference: MD-E-2015-0084
Decision Summary Title :	Drafting of Order re Ports of Jersey licence exemption		Date of Decision Summary:	24th September 2015
Decision Summary Author:	Strategy Manager		Decision Summary: Public or Exempt?	Public
Type of Report: Oral or Written?	Written		Person Giving Oral Report:	n/a
Written Report Title :	Drafting request – Order to exempt the Ports of Jersey Limited from the need to hold a licence		Date of Written Report:	24th September 2015
Written Report Author:	Strategy Manager		Written Report : Public or Exempt?	Public
Subject: Drafting of an Order exempting Ports of Jersey Limited from the need to hold an operating licence issued by the Channel Island Competition and Regulatory Authority
Decision(s): To instruct the Law Draftsman that an Order be drafted exempting Ports of Jersey Limited from the need to hold an operating licence from the Channel Island Competition and Regulatory Authority (CICRA) for a period of two months.
Reason(s) for Decision: CICRA is bound to go through a legal process prior to issuing a licence to operate to any party in respect of ‘port operations’ in Jersey (a term encompassing both the harbour and the airport). This is in keeping with regulatory best practice. In order to allow it to go through this process with the newly-incorporated Ports of Jersey Limited, the Minister must exempt the new company from the need to hold such a licence for long enough for CICRA to do its work. There is no lack of regulatory oversight in this period as the Minister may set conditions on the exemption. These condition will be identical to the conditions in the draft licence. This should allow for a seamless transition between the Order and the licence.
Resource Implications: There are no financial and manpower implications.
Action required: Officers to pass this Decision to the Law Draftsman for action.
Signature: Senator L.J.Farnham		Position: Minister
Date Signed:		Date of Decision (If different from Date Signed):

Ports of Jersey Limited: Operating Licence Exemption - Channel Islands Competition and Regulatory Authority: Law drafting instructions

Written report

Drafting request – Order under the Air and Sea Ports (Incorporation) (Jersey) Law 2015 to exempt the Ports of Jersey Limited from the need to hold an operating licence for two months to 31st November 2015.

Further to the approval by the States of the Air and Sea Ports (Incorporation) (Jersey) Law 2015 (Appointed Day) Act 2015 and the Air and Sea Ports Incorporation (Transfer) (Jersey) Regulations 2015 on 8th September, the incorporation of the Ports of Jersey Limited (PoJL) as a regulated entity is now scheduled to occur on 1st October 2015.

EDD therefore requires an Order to come into effect on 1st October 2015 which will suspend the operation of Article 7 of the Air and Sea Ports (Incorporation) (Jersey) Law 2015 (the Law) to the extent that it effectively exempts the Ports of Jersey Limited from the need to hold a licence. Having considered the actions required of the JCRA under Article 23 of the Law as they affect the grant of a licence under Article 14, we consider that a two-month suspension will be adequate.

If this period requires further extension (which we do not believe at this time will be the case) then a new Order can, we understand, be drafted to that effect, up to a maximum period of six months.

The Order should require that the PoJL follow the conditions imposed by the Minister, which will be an effective facsimile of the draft licence on which the JCRA will be consulting.

If possible, we would like to include some conditionality in the Order, to provide for it to fall away if PoJ is licenced by the JCRA on a date before it is set to expire. This is a secondary consideration and not essential. We will be advised on this point.