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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 27 October 2014:

Decision Reference: MD-C-2014-0177
Decision Summary Title :	Freedom of Information (Exemptions – Amendment of Law) (Jersey) Regulations 201-	Date of Decision Summary:	24th October 2014
Decision Summary Author:	Head of Information Management	Decision Summary: Public or Exempt?	Public
Type of Report: Oral or Written?	Written	Person Giving Oral Report:	N/A
Written Report Title :	Freedom of Information (Exemptions – Amendment of Law) (Jersey) Regulations 201-	Date of Written Report:	24th October 2014
Written Report Author:	Head of Information Management	Written Report : Public or Exempt?	Public
Subject: Freedom of Information (Exemptions – Amendment of Law) (Jersey) Regulations 201-
Decision(s): The Chief Minister approved the draft Freedom of Information (Exemptions – Amendment of Law) (Jersey) Regulations 201- (the ‘draft Regulations’) and agreed that they should be lodged ‘au Greffe’ forthwith for debate on 9th December 2014. The objective of the draft Regulations is to amend Part 4 of the Freedom of Information (Jersey) Law 2011 (the ‘Law’), in accordance with Article 6(b) of the Law, by adding a further description of absolutely exempt information to add a description of “Information supplied by, or relating to, bodies dealing with security matters”. This is to recognise the importance of the relationship the States of Jersey Police and the Island have with the U.K. Police Service, Security Agencies and other national bodies which is fundamental to enable secure information sharing.
Reason(s) for Decision: It is intended that the Freedom of Information (Jersey) Law 2011 will come into force on 1st January 2015 by an Appointed Day Act. It will be necessary for the Regulations to come into force at the same time as the Law in order for the provisions of the Freedom of Information (Jersey) Law 2011 to work effectively after it is brought into force.
Resource Implications: There are no financial or manpower consequences for the States arising from this proposition.

Action required:

The Head of Information Management to forward the draft Regulations and accompanying report to the Greffier of the States, requesting that arrangements be made for the draft regulations to be lodged ‘au’ Greffe’ for debate on 9th December 2014.

Signature:

Position:

CHIEF MINISTER

Date Signed:

Date of Decision (If different from Date Signed):

Freedom of Information (Exemptions - Amendment of Law) (Jersey) Regulations 201-

DRAFT FREEDOM OF INFORMATION (EXEMPTIONS – AMENDMENT OF LAW) (JERSEY) REGULATIONS 201-

REPORT

Norwel Doc Id: 362839 20130015 201-16-01

The Freedom of Information (Jersey) Law 2011 (the “Law”) contains an absolute exemption in respect of National Security (Article 27) whereby a certificate is signed by the Chief Minister certifying that the exemption applies. This exemption is similar to the U.K. Freedom of Information Act 2000 (the “U.K. Act”) which contains an exemption under Section 24 of the U.K. Act for the purpose of safeguarding national security whereby a Minister of the Crown can sign a certificate that certifies that information subject of the request is, or at any time was, required for the purpose of safeguarding national security.

In addition to Section 24 under the U.K. Act there is a further absolute exemption in respect of “Information supplied by, or relating to, bodies dealing with security matters” (Section 23, U.K. Act). Information supplied by, or relating to, bodies dealing with security matters exempts information from such bodies that include, amongst others, the Security Service, Secret intelligence Service and Government Communications Headquarters, all of which are exempt from the provisions of the U.K Act. The Law does not currently contain an absolute exemption which reflects Section 23 of the UK Act. The importance of Sections 23 and 24 of the U.K. Act to the U.K. Police Service and its relationship with Security Agencies is fundamental to enable secure information sharing.

It is considered vital that a measure designed to bring transparency to Jersey should not result in potentially straining crucial external partnerships. Accordingly, the draft Regulations amend Part 4 of the Law, in accordance with Article 6(b) of the Law, by adding a further description of absolutely exempt information to add a description of “Information supplied by, or relating to, bodies dealing with security matters”.

This is to recognise the importance of the relationship the States of Jersey Police and the Island have with the U.K. Police Service, Security Agencies and other national bodies which is fundamental to enable secure information sharing.

There are no financial or manpower consequences for the States arising from this proposition.