Money Laundering and Weapons Development (Directions) (Amendment) (Jersey) Law 201-

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 13 April 2012:

Decision Reference: MD-C-2012-0035
Decision Summary Title :	Money Laundering and Weapons Development (Directions) (Amendment) (Jersey) Law 201-		Date of Decision Summary:	13th April 2012
Decision Summary Author:	International Relations		Decision Summary: Public or Exempt?	Public
Type of Report: Oral or Written?	Written		Person Giving Oral Report:	N/A
Written Report Title :	Money Laundering and Weapons Development (Directions) (Amendment) (Jersey) Law 201-		Date of Written Report:	13th April 2012
Written Report Author:	Law Officers Department		Written Report : Public or Exempt?	Public
Subject: Money Laundering and Weapons Development (Directions) (Amendment) (Jersey) Law 201-
Decision(s): The Chief Minister decided to lodge the draft Money Laundering and Weapons Development (Directions) (Amendment) (Jersey) Law 201- together with an accompanying Report.
Reason(s) for Decision: The Money Laundering and Weapons Development (Directions) (Jersey) Law 2012 came into force on 13th January 2012. The Law provides for the giving of directions in response to threats to the interests of Jersey relating to money laundering, terrorist financing or weapons development and for incidental purposes. Article 10 of the 2012 Law enables any person aggrieved by a decision of the Chief Minister under the Law to apply to the Royal Court to have the decision set aside on the ground that it is unreasonable having regard to all the circumstances of the case. It is proposed that a new Article is substituted for Article 10, requiring that any application made to the Royal Court pursuant to that provision will be determined by applying the principles applicable in judicial review proceedings. The amendment would enable an applicant to rely on the usual substantive grounds for judicial review, rather than being limited to relying on the ground that the decision was unreasonable. The proposed amendment would provide the Royal Court with the same powers of determination as those of the English High Court when it reviews equivalent decisions made under the Counter-Terrorism Act 2008 of the United Kingdom. The proposed amendment would also bring Article 10 of the 2012 Law into line with Article 29 of the Terrorist Asset-Freezing (Jersey) Law 2011.
Resource Implications: There are no financial or manpower implications arising from the Proposition.
Action required: Once signed the statement of Human Rights Compatibility and request that the draft Money Laundering and Weapons Development (Directions) (Amendment) (Jersey) Law 201- is to be lodged with the States Assembly at the earliest possible convenience together with the accompanying Report. The Chief Minister’s Department shall forward the attached statement of Human Rights Compatibility, the draft Law and Report to the States Greffe.
Signature:		Position: Senator I.J. Gorst, Chief Minister
Date Signed:		Date of Decision (If different from Date Signed):