Draft Regulation of Investigatory Powers (Jersey) Regulations 200-.

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 (01/12/2006) regarding Draft Regulation of Investigatory Powers (Jersey) Regulations 200-.

Subject:	Draft Regulation of Investigatory Powers (Jersey) Regulations 200-
Decision Reference:	MD-HA-2006-0081	Exempt clause(s):
Type of Report (oral or written):	Oral	Person Giving Report (if oral):		Karen Slack Executive Officer
Telephone or e-mail Meeting?		Report File ref:		HAD/DPT 9/5
Written Report – Title:		Written report – Author:
Decision(s): To approve the draft Regulation of Investigatory Powers (Jersey) Regulations 200-.
Reason(s) for decision: The Regulations will amend Schedule 1 to the Regulation of Investigatory Powers (Jersey) Law 2005 to include the Social Security Department as a relevant public authority for the purposes of Chapter 2 of Part 2 of the Law. The Attorney General will be the designated person in relation to the Social Security Department for the purpose of that Chapter. Chapter 2 of Part 2 of the Law enables the designated person to authorise persons within the relevant public authority to obtain and disclose communications data. The primary reason for designating the Social Security Department as a relevant public authority is that in respect of investigations in connection with social security, employment, and health and safety legislation, its officers are on occasion involved with individuals whose only contact is through a mobile telephone. In such circumstances, they sometimes find it necessary to obtain full name and address details from the relevant service provider.
Action required: The Executive Officer, Home Affairs, to request the Greffier of the States to place the Regulations before the States for debate on the 30th January 2007.
Signature: (Minister/ Assistant Minister)			Date of Decision: 1 December 2006

Draft Regulation of Investigatory Powers (Jersey) Regulations 200-.

Report

Following the States debate on the Regulation of Investigatory Powers (Jersey) Law in March 2005, it was agreed that the Employment and Social Security Committee could request the Home Affairs Committee to bring an amendment to Schedule 1 of the Law, so as to include the Employment and Social Security Department as a relevant public authority in Schedule 1 of the Law for the purposes of Chapter 2 of Part 2 of the Law.

The primary reason for designating the Social Security Department as a relevant public authority is that in respect of investigations in connection with social security, employment, and health and safety legislation, its officers are on occasion involved with individuals whose only contact is through a mobile telephone. In such circumstances, they sometimes find it necessary to obtain full name and address details from the relevant service provider.

There are no financial or manpower implications arising from these Regulations.