Ports of Jersey Limited: Appointments and Maritime Agreement

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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-2015-0083
Decision Summary Title :	Ports of Jersey Appointments and Agreement		Date of Decision Summary:	16 September 2015
Decision Summary Author:	Head of Maritime Administration		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 :	Ports of Jersey Appointments and Agreement		Date of Written Report:	16 September 2015
Written Report Author:	Head of Maritime Administration		Written Report : Public or Exempt? (State clauses from Code of Practice booklet)	Public
Subject: Appointments and Maritime Agreement in relation to Ports Incorporation.
Decision(s): The Minister - Appointed Ports of Jersey Limited as the Airport Authority, in accordance with article 2(1) of the Aerodromes (Administration) (Jersey) Law 1952. Approved the appointment of Stephen Driscoll as Airport Director, in accordance with article 2(2) of the Aerodromes (Administration) (Jersey) Law 1952. Appointed Ports of Jersey Limited as the Harbour Authority, in accordance with article 2(2) of the Harbours (Administration) (Jersey) Law 1961. Approved the appointment of Captain Phillip Buckley RN Rtd as Harbour Master, in accordance with article 2(7) of the Harbours (Administration) (Jersey) Law 1961. Signed an agreement as referred to in article 6(2) of the Air and Sea Ports (Incorporation) (Jersey) Law 2015 and as also referred to article 2(6) of the Harbours (Administration) (Jersey) Law 1961. In accordance with article 128A of the Shipping (Jersey) Law 2002 concerning the Receiver of Wreck: (i) appointed the Agent of the Impôts regarding articles 130 to 135 and 140 to 150 of that law, (ii) appointed the Harbour Master regarding articles 136 to 139 and, (iii) appointed both the Agent of the Impôts and the Harbour Master regarding article 151 for the purpose of expenses.
Reason(s) for Decision: These decisions follow the appointment of the first Board of Directors in accordance with States Proposition P.68/2015 and are consequential to the Appointed Day Act P.81/2015. Both of these were agreed by the States at the sitting of 8 September 2015. Concerning the Harbour Master and Airport Director, the Minister has now been notified to expect these appointments and he is therefore recommended to endorse them. Likewise, concerning the appointment of Receivers of Wreck, the relevant parties have been consulted and agreement reached. Further details are given in the attached report and maritime agreement.
Resource Implications: There are no new financial, property, ICT or human resources issues arising.
Action required: The Minister is requested to sign both this Decision and the associated maritime agreement. The Chairman of the Board of Ports of Jersey Limited is requested to sign and return the maritime agreement. The Assistant Minister for Home Affairs having responsibility for matters relating to the Jersey Customs and Immigration Service is requested to acknowledge the appointment of the Agent of the Impôts regarding certain functions of the Receiver of Wreck.
Signature: Senator L J Farnham		Position: Minister for Economic Development
Date Signed:		Date of Decision (If different from Date Signed):