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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 (21/09/2007) regarding: Electricity link with France - renewal of Regulations.

Decision Reference: MD-E-2007-0177
Decision Summary Title :	Electricity link with France – renewal of Regulations		Date of Decision Summary:
Decision Summary Author:	P Baker		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 :	Electricity Link With France (Protection Of Submarine Cable) (Jersey) Regulations 200-		Date of Written Report:	7 September 2007
Written Report Author:	P Baker		Written Report : Public or Exempt? (State clauses from Code of Practice booklet)	Public
Subject: Renewal of Triennial Regulations to maintain protection of the undersea electricity cable link with France.
Decision(s): The Minister approved the attached Regulations and associated Report and requested that they be lodged ‘au Greffe’ at the earliest opportunity.
Reason(s) for Decision: The existing Regulations expire on 13 December 2007
Resource Implications: None
Action required: To pass attached Regulations and associated Report to the Publications Editor and the Greffier to ensure lodging for debate
Signature: Senator P.F.C.Ozouf		Position: Minister
Date Signed:		Date of Decision (If different from Date Signed):

Electricity link with France - renewal of Regulations.

Electricity Link with France (Protection of Submarine Cable) (Jersey) Regulations 200-

Background

These Regulations are required to give a degree of legal protection to the undersea cables that now supply almost all of Jersey’s electricity. They prohibit fishing or anchoring in the vicinity of the cables. As part of the enforcement and advisory regime, the exclusion area remains marked clearly on all relevant charts.

The Regulations are triennial and therefore, if they are to be maintained, require being put before the States every 3 years. The existing Regulations expire on 13 December 2007.

Research and the possibility of permanent legislation

Prior to the coming into force of the existing Regulations, discussions took place with legal advisers and with personnel in the Channel Island Energy Group. Permanent legislation, involving an amendment to the Shipping (Jersey) Law 2002, could be brought in to replace the triennial process.

As now, such legislation would only be able to regulate shipping within territorial limits. However, partial protection is considered better than none. The view remains that the Island is now so very clearly dependent on the link with France that a higher level of protection than mere advisory notes is necessary.

With that in mind, bids for law drafting time to introduce permanent legislation were made in 2005 and again at the beginning of this year. However, because of the current pressure on law drafting time it was not possible to proceed down this route. It remains the intention to bid again in 2008 so that this process does not have to be repeated indefinitely.

Consultation with fishermen: Undersea cable links to Guernsey

The issue of extension of the protection to cover the Jersey-to-Guernsey link has been previously raised with the fishing community and the States Sea Fisheries Adviser. Discussion revealed strong opposition because of the effect prohibition could have on current fishing practices in the vicinity of the link.

Unfortunately, it is precisely the prevalence of fishing in the area of the Guernsey-Jersey link that makes cable damage and an increased safety risk a real possibility. This remains a concern of the Channel Island Energy Group and will continue to be monitored closely.

For the time being at least, the Island’s strategic needs are met by protection of the French link alone.

Enforcement and policing

The policing policy has been to react to any infringement that may occur. Enforcement would be pursued through the courts if persuasive action and due warning were ineffective. To date there have been no prosecutions and the Regulations appear to have been effective as a deterrent.

Financial and Human Resource implications

The Regulations continue an established regime and no new resources are required.

PGHB

7 September 2007