Adoption (Amendment No. 7) (Jersey) Law 201-

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there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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

Decision Reference: MD-HSS-2015-0015
Decision Summary Title :	Draft Adoption (Amendment No.7) (Jersey) Law 201-		Date of Decision Summary:	14 April 2015
Decision Summary Author:	Interim Director of Childrens Social Services		Decision Summary: Public or Exempt? (State clauses from Code of Practice booklet)	Public
Type of Report: Oral or Written?	Written		Person Giving Oral Report:	-
Written Report Title :	Draft Adoption (Amendment No.7) (Jersey) Law 201-		Date of Written Report:	26 March 2015
Written Report Author:	Interim Director of Childrens Social Services		Written Report : Public or Exempt? (State clauses from Code of Practice booklet)	Public
Subject: Approval of draft Adoption (Amendment No.7) (Jersey) Law 201- (the “draft Law”) for lodging.
Decision(s): The Minister for Health and Social Services approved the draft Law for lodging ‘au Greffe’ and directed that the document should be lodged so as to allow the draft Law to be debated by the States.
Reason(s) for Decision: The purpose of the draft Law is to Enable Jersey to have the United Kingdom’s eventual ratification of the European Convention on Adoption 2008 (the ‘2008 Convention’) extended to it. The 2008 Convention is aligned with the UN Convention on the Rights of the Child, which Jersey is working to implement, and To ensure continued compliance with the European Convention on Human Rights (“ECHR”). The draft Law will – Ensure that in reaching decisions concerning adoption matters, the welfare of the child will be made the paramount consideration of the Court, the Minister and the Adoption Service. Require that a child aged 14 or over gives his or her agreement to the granting of an adoption. Permit joint adoption by unmarried couples, whether heterosexual or same-sex. Require that in the case of a person applying as an individual for an order authorising the adoption of a child, the Court must be satisfied that the written agreement of the applicant’s spouse or civil partner has been freely given. Remove a mandatory requirement, for those adopted before 1st January 2007, for an interview with a counsellor before an adopted person can receive any information necessary to obtain a certified copy of the record of his or her birth. Introduce a framework for the disclosure by the Adoption Service of restricted information relating to adoption, for example identifying information which relates to an adopted person or any other person. The Law Officers’ Department have confirmed that the draft Law is compliant with the ECHR.
Resource Implications: There are no resource implications for Health & Social Services in introducing the draft Law.
Action required: Forward the signed Ministerial Decision to the States Greffe; and Request the Greffier of the States to arrange for the draft Law to be lodged ‘au Greffe’.
Signature:		Position: Minister for Health and Social Services
Date Signed:		Date of Decision (If different from Date Signed):