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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 11 July 2011 regarding:

Decision Reference: MD-C-2011-0086
Decision Summary Title :		Delegation of Functions – Assistant Minister for External Affairs		Date of Decision Summary:		7th July 2011
Decision Summary Author:		Project and Research Officer		Decision Summary: Public or Exempt? (State clauses from Code of Practice booklet)		Public
Type of Report: Oral or Written?		Written		Person Giving Oral Report:		N/A
Written Report Title :		Delegation of Functions – Assistant Minister for External Affairs		Date of Written Report:		7th July 2011
Written Report Author:		Project and Research Officer		Written Report : Public or Exempt? (State clauses from Code of Practice booklet)		Public
Subject: Delegation of Functions – Assistant Minister for External Affairs
Decision(s): The Chief Minister agreed to delegate, in accordance with Article 28 of the States of Jersey Law 2005, his function in respect of external affairs, as described in Article 18(3)(b) of the same Law, to his Assistant Minister, Senator F.E. Cohen. The Chief Minister also agreed that Senator F.E. Cohen, in his role ad Assistant Minister with responsibility for external affairs, should be delegated authority to enter into Taxation Information Exchange Agreements (TIEAs) with other jurisdictions on behalf of the Chief Minister.
Reason(s) for Decision: The Chief Minister appointed Senator F.E. Cohen as Assistant Minister with responsibility for External Affairs in January 2011 (MD-C-2011-0001). International Affairs is an area of growing importance to the Island and the Chief Minister wishes to further strengthen Senator Cohen’s role by formally delegating him responsibility for conducting external relations in accordance with the common policy agreed by the Council of Ministers. This function is outlined in Article 18(3)(b) of the States of Jersey Law 2005. The Chief Minister has also agreed that Senator Cohen should be given responsibility to enter into Taxation Information Exchange Agreements (TIEAs) on his behalf. Since taking on this new role Senator Cohen has made a significant contribution to the Island’s external relations and the Chief Minister believes that the Assistant Minister should be given the ability to make these decisions. This delegation has been agreed in accordance with Article 28 of the States of Jersey Law 2005, which allows a Minister to delegate his or her functions to an Assistant Minister. The delegation does not, however, prevent the Minister from exercising those functions personally.
Resource Implications: There are no resource implications.
Action required: The Greffier of the States is requested to present the attached report to the States Assembly.
Signature:			Position: Senator T.A. Le Sueur Chief Minister
Date Signed:			Date of Decision (If different from Date Signed):
	Signature (Quality Assurance)				Position (Deputy/Assistant) Chief Executive

Delegation of Functions - Assistant Minister for External Affairs

STATES OF JERSEY

STATES OF JERSEY LAW 2005:

DELEGATION OF FUNCTIONS – ASSISTANT MINISTER FOR EXTERNAL AFFAIRS

Report

Article 28 of the States of Jersey Law 2005 permits a Minister to delegate, wholly or partly, functions to an Assistant Minister.

The Law states –

“28 Power of Minister to delegate functions

(1) A Minister may delegate, wholly or partly, functions conferred upon or vested in the Minister by or under this Law or any other enactment or any enactment of the United Kingdom having effect in Jersey, to –

(a) one of his or her Assistant Ministers;

(b) an officer.

(2) A Minister shall not delegate –

(a) any power to make an enactment;

(b) any power to decide an appeal under an enactment;

(3) The delegation of functions by a Minister under this Article shall not prevent the Minister exercising those functions personally.”

Delegation

The Chief Minister wishes to delegate responsibility for the functions conferred upon him under Article 18(3)(b) of the States of Jersey Law 2005 to his Assistant Minister with responsibility for External Affairs, Senator F.E. Cohen.

Article 18(3)(b) of the States of Jersey Law 2005 provides that a function of the Chief Minister includes “conducting external relations in accordance with the common policy agreed by the Council of Ministers.”

The Law anticipates that there will be a policy agreed by the Council of Minister and that positive steps will be taken in conducting external relations to accord with that policy.

This delegation is consistent with the previous decision of the Chief Minister to appoint an Assistant Minister with responsibility for External Affairs. The delegation will strengthen the Assistant Minister’s ability to share political responsibility with the Chief Minister to ensure that the significant workload in relation to external relations is maintained at ministerial level. This include