Ash (Fraxinus) trees, plants or logs: Prohibition of Importation

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 26 October 2012 regarding:

Decision Reference: MD-PE-2012-0113
Decision Summary Title:		Prohibition of the import of Ash (Fraxinus) trees, plants or logs to Jersey		Date of Decision Summary:	26th October 2012
Decision Summary Author:		Entomologist & Head of Plant Health		Decision Summary: Public or Exempt?	Public
Type of Report: Oral or Written?				Person Giving Oral Report:
Written Report Title:				Date of Written Report:
Written Report Author:		Entomologist & Head of Plant Health		Written Report : Public or Exempt?	Public
Subject: Prohibition of the import of Ash trees, plants or logs to Jersey
Decision(s): The Minister has decided to prohibit the import of Ash (Fraxinus) trees, plants and logs with immediate effect for an unspecified period. This action is taken to avoid or reduce the risk of importation and establishment of Chalara dieback of ash - Chalara fraxinea (C. fraxinea). Provision exists within Plant Health (Jersey) Law 2003 Article 5 (1) (a) – The Minister may make Orders regulating or prohibiting for the purposes of this Law- (a) the import, export, movement, sale and keeping of plants, and of plant pests and other significant things; And Article 5 (2) – An Order may, for the purposes of this Law, authorise the taking of action, or the giving of orders to take action, to reduce or avoid the dangers posed by plant pests and other significant things.– Approvals. The Minister may give his or her approval in relation to a pesticide of any description. This prohibition will begin from the 26th October 2012 and be reviewed periodically by the Head of Plant Health for the Minister.
Reason(s) for Decision: This action is taken to avoid or reduce the risk of importation and establishment of Chalara dieback of ash - Chalara fraxinea (C. fraxinea).
Resource Implications: Few. The Plant Health Inspectorate are already informing and inspecting importers.
Action required: Entomologist & Head of Plant Health to request the Law Draftsman to prepare revised draft Orders for consideration by the Minister. All actions will be performed by the Plant Health Laboratory and Inspectorate unless an outbreak is confirmed. In this case inter-departmental cooperation may be required.
Signature:			Position: Minister
Date Signed:	Ass Dir Initials		Date of Decision (If different from Date Signed):
	CEO Initials