Protection of Children (Restriction on Supply of Goods) (Jersey) Law 2009: Amendment: Law drafting instructions

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there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.

[THIS DECISION HAS BEEN RESCINDED BY MD-HSS-2015-0030] A decision made 17 July 2015:

Decision Reference: MD-HSS-2015-0025
Decision Summary Title :	Draft Amendment on The Protection of Children (Restriction on Supply of Goods) (Jersey) Law 2009		Date of Decision Summary:	16 July 2015
Decision Summary Author:	Head of Health Improvement		Decision Summary: Public or Exempt? (State clauses from Code of Practice booklet)	Public
Type of Report: Oral or Written?	Written		Person Giving Report:	Martin Knight
Written Report Title :	The Protection of Children (Restriction on Supply of Goods) (Jersey) Law 2009 Restricting the sale of e-cigarettes to under 18’s		Date of Written Report:	16 July 2015
Written Report Author:	Head of Health Improvement		Written Report : Public or Exempt? (State clauses from Code of Practice booklet)	Public
Subject: The Protection of Children (Restriction on Supply of Goods) (Jersey) Law 2009
Decision(s): The Minister approved the request for law drafting time to draft an amendment to The Protection of Children (Restriction on Supply of Goods) (Jersey) Law 2009, that will bring into effect a restriction of the sale of e-cigarettes to under 18 year olds.
Reason(s) for Decision: The States of Jersey Tobacco Control Strategy (2010 - 2015) aims to reduce the harms of tobacco to families and the community. Nicotine is the active ingredient in tobacco increasing heart rate and blood pressure and stimulating the nervous system. Nicotine is also found in e-cigarettes. Nicotine is an addictive substance and should not be supported for recreational use in under 18’s. E-cigarettes are reported to be safer than smoking, but are not risk free and as well as addictive nicotine, have been found to include a range of dangerous toxins and chemicals. E-cigarettes are currently unregulated, leaving under 18’s at risk.
Resource Implications: This additional age restricted product would be captured alongside other products under the existing proof of age scheme. There are no additional financial or manpower implications arising.
Action required: Request the law drafting department to work with Public Health Officers in drafting the necessary amendments.
Signature:		Position: Minister for Health and Social Services
Date Signed:		Date of Decision (If different from Date Signed):