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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 (07/04/2008) regarding: UK Marine Bill - Permissive extent clause.

Decision Reference: MD-PE-2008-0078
Decision Summary Title :	Marine Bill PEC FEPA		Date of Decision Summary:	27 March 2008
Decision Summary Author:	International Relations		Decision Summary: Public or Exempt?	Public
Type of Report: Oral or Written?	Written		Person Giving Oral Report:
Written Report Title :	UK Marine Bill – permissive extent clause		Date of Written Report:	27 March 2008
Written Report Author:	International relations		Written Report : Public or Exempt?	Public
Subject: UK Marine Bill – permissive extent clause.
Decision(s): The Minister decided to request that a permissive extent clause be included in the U.K. Marine Bill to enable the part or parts of the Bill that replace Part 2 of the Food and Environment Protection Act and any other related provisions to be extended to Jersey.
Reason(s) for Decision: The UK Marine Bill consolidates several pieces of marine legislation, including the Food and Environment Protection Act 1985 (FEPA), which is extended to Jersey by the Food and Environment Protection Act 1985 (Jersey) Order 1987, and a number of different pieces of marine regulatory legislation. The government of Jersey wishes to continue to regulate activities that may affect the marine environment. This may be achieved either by extension of certain provisions of the Marine Bill or, more likely, by the introduction of equivalent Jersey legislation in due course. A permissive extent clause would enable the relevant provisions of the Bill to be extended to Jersey, should the States decide this is desirable in future. The current provisions of the Food and Environment Protection Act 1985 (Jersey) Order 1987 shall remain in force until it is replaced and a request is made to revoke the Order.
Resource Implications: There are no resource implications arising directly from this proposal.
Action required: Inform the Greffe publications editor of the decision. International Relations to draft official correspondence to inform the United Kingdom authorities of the request for a permissive extent clause in the Marine Bill.
Signature:		Position: Minister for Planning and Environment
Date Signed:		Date of Decision (If different from Date Signed):

UK Marine Bill - Permissive extent clause.

PLANNING AND ENVIRONMENT DEPARTMENT

ENVIRONMENT DIVISION

UK Marine Bill – permissive extent clause

Background

The Marine Bill sets out the UK government’s vision for the marine environment - for clean healthy, safe, productive and biologically diverse oceans and seas. It aims to put in place a better system for delivering sustainable development of the marine and coastal environment, addressing both the use and protection of marine resources. The Bill will introduce a better system for managing marine resources; simplifying the process by which developers get consents, while managing potential conflicts between uses of the sea and ensuring sustainability.

The Bill consolidates several pieces of marine legislation, including the Food and Environment Protection Act 1985 (FEPA), which is extended to Jersey by the Food and Environment Protection Act 1985 (Jersey) Order 1987 (‘the 1987 Order’), and a number of different pieces of marine regulatory legislation.

In Jersey, the 1987 Order regulates all dumping and new building in the marine environment. This includes harbour works i.e. new piers and jetties, dumping of waste and burial at sea; all of which may be done under licences which may be issued by the Environment Department. However, the Marine Bill introduces wider licensing provisions than those in FEPA, and it is considered desirable that similar wider provisions should be introduced in Jersey.

Issues

The UK government has asked the government of Jersey whether they wish a permissive extent clause (PEC) to be included in the Marine Bill. Such a provision could enable the Act, or parts of the Act, to be extended to Jersey at the request of Jersey’s government with the agreement of the States Assembly (in accordance with Article 31 of the States of Jersey Law 2005). It is emphasised that such a provision would be merely permissive, and no part of the UK legislation will be extended unless requested by the government of Jersey in future.

In January 2007, the government of Jersey indicated to the UK that they would wish the 1987 Order to remain in effect, to maintain control and regulation of its marine environment, pending a decision whether the relevant parts of the UK Bill should be extended or equivalent Jersey legislation should be enacted. The 1987 Order will therefore remain in force in Jersey until it is replaced by more modern provisions and a request is made for the Order to be revoked.

It was proposed to include a PEC in the Bill to enable those parts of the Bill that replace Part 2 of the FEPA, and any other related provisions, to be extended to Jersey. However, a 2009 law drafting request has also been submitted for Jersey legislation equivalent to these provisions. Whilst the latter would be the preferred legislative route, it is currently uncertain what priority will be given to a Jersey Law. Therefore, whilst a PEC is unlikely to be used, a request to include a PEC in the Bill would be an appropriate contingency before the law drafting priority is known.

Recommendation

The Minister for Planning and Environment is recommended to agree that a request should be forwarded to the UK government for a PEC to be included in the Marine Bill to enable the part or parts of the Bill that replace Part 2 of the FEPA and any other related provisions to be extended to Jersey.