Cybercrime: 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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 28 April 2015: (Please note there is an error on this Ministerial Decision as the accompanying report is actually Exempt under Article (35) of the Freedom of Information (Jersey) Law 2011 and therefore not availabe to view)

Decision Reference: MD-HA-2015-0028
Decision Summary Title :	Cybercrime drafting instructions		Date of Decision Summary:	26 February 2015
Decision Summary Author:	Executive Officer Home Affairs		Decision Summary: Public or Exempt? (State clauses from Code of Practice booklet)	Public
Type of Report: Oral or Written?	Written		Person Giving Oral Report:	n/a
Written Report Title :	Drafting instructions – The Council of Europe Convention on Cybercrime		Date of Written Report:	23 February 2015
Written Report Author:	Legal Adviser Law Officers’ Department		Written Report : Public or Exempt? (State clauses from Code of Practice booklet)	Public
Subject: Drafting instructions – the Council of Europe Convention on Cybercrime (Budapest, 2001) (‘the Cybercrime Convention’).
Decision(s): The Minister decided to request the Law Draftsman to prepare legislation, based on the attached instructions, to enable Jersey to be in a position to be compliant with, and therefore request extension of, the Cybercrime Convention; and to introduce in the Regulation of Investigatory Powers (Jersey) Law 2005 an equivalent to Part III of the Regulation of Investigatory Powers Act 2000.
Reason(s) for Decision: It is considered appropriate to take steps to enable ratification of the Cybercrime Convention as it reflects Jersey’s commitment to tackling and preventing all forms of crime, financial and otherwise.
Resource Implications: Nil.
Action required: The Executive Officer, Home Affairs, to forward the law drafting instructions to the Law Draftsman’s Office.
Signature:		Position: Minister for Home Affairs
Date Signed:		Date of Decision (If different from Date Signed):