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there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.

A decision made 3 July 2017:

Decision Reference: MD-HSS-2017-0063
Decision Summary Title :	Standardised Tobacco Packaging		Date of Decision Summary:	3rd July 2017
Decision Summary Author:	Director of Public Health Policy		Decision Summary: Public or Exempt?	Public
Type of Report: Oral or Written?	Written		Person Giving Oral Report:
Written Report Title :	Drafting of regulations for Standardised Tobacco Packaging		Date of Written Report:	28th June 2017
Written Report Author:	Medical Officer of Health		Written Report : Public or Exempt?	Public
Subject: Drafting of regulations for Standardised Tobacco Packaging.
Decision(s): The Minister directed officers to submit law drafting instructions to the Law Draftsman for the preparation of new regulations that will require tobacco products to be supplied in a standardised plain packaged format.
Reason(s) for Decision: The Minister, in line with the States of Jersey tobacco strategy commitments, has agreed that it is a priority for Jersey to proceed with bringing into force regulations on standardised plain packaging for tobacco products. In addition, that it would be desirable to coordinate with Guernsey in developing regulations that ensure consistency in compliance for tobacco supplied to both Islands. This intervention is intended to support a breadth of actions to reduce smoking and tobacco related harm by reducing the promotion appeal of tobacco packaging.
Resource Implications: None
Action required: Officers to submit law drafting instructions on standardised packaging to Law Draftsman.
Signature:		Position: Minister for Health and Social Services
Date Signed:		Date of Decision (If different from Date Signed): 3rd July 2017