Banning the sale of single-use carrier bags: 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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 on 27 July 2020

Decision Reference: MD-T-2020-0038
Decision Summary Title:	Law drafting instruction: single use bag ban and minimum price for plastic carrier bags (‘bags for life’)		Date of Decision Summary:	22 July 2020
Decision Summary Author:	Lead Officer, Growth, Housing and Environment		Decision Summary: Public or Exempt?	Public
Type of Report: Oral or Written?	Written		Person Giving Oral Report:	n/a
Written Report Title:	Law drafting request: single use bag ban and minimum price for plastic carrier bags (‘bags for life’)		Date of Written Report:	22 July 2020
Written Report Author:	Lead Officer, Growth, Housing and Environment		Written Report : Public or Exempt?	Public
Subject: Instruct law drafting to bring forward the ban of the supply and distribution of certain types of single use bags by all retailers and set a minimum price for the sale of plastic carrier bags known as ‘bags for life’.
Decision(s): The Minister approved the request for law drafting instructions to commence relating to the ban of certain types of single use bags and setting a minimum price for plastic carrier bags (‘bags for life’).
Reason(s) for Decision: To support the decision made by the States Assembly in June 2020 to bring forward draft legislation by February 2021 in regard to the ban of certain types of single use bags and setting a minimum price for plastic carrier bags (‘bags for life’).
Resource Implications: Legislative drafting, Growth, Housing and Environment and Strategic Policy, Planning and Performance officer time.
Action required: Officer to instruct the Principal Legislative Drafter to prepare the legislation necessary to give effect to the ban of certain types of single use bags and set a minimum price for plastic carrier bags (‘bags for life’).
Signature:		Position: Minister for Infrastructure
Date Signed:		Date of Decision (If different from Date Signed):