Draft Corruption (Amendment of Definitions) (Jersey) Regulations 200-

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 (20.09.07) to approve the draft Corruption (Amendment of Definitions) (Jersey) Regulations 200- for lodging.

Decision Reference: MD-HA-2007-0069
Decision Summary Title :	Corruption (Amendment of Definitions) (Jersey) Regulations 200-		Date of Decision Summary:	20th August 2007
Decision Summary Author:	Heidi Sydor, Executive Officer		Decision Summary: Public or Exempt? (State clauses from Code of Practice booklet)	Public
Type of Report: Oral or Written?	Written		Person Giving Oral Report:
Written Report Title :	Corruption (Amendment of Definitions) (Jersey) Regulations 200-		Date of Written Report:	9th March 2007
Written Report Author:	Mr R Whitehead Principal Legal Adviser		Written Report : Public or Exempt? (State clauses from Code of Practice booklet)	Public
Subject: Corruption (Amendment of Definitions) (Jersey) Regs 200-
Decision(s): The Minister approved the draft Corruption (Amendment of Definitions) (Jersey) Regs 200- for lodging ‘au Greffe’ for debate on the 6th November 2007.
Reason(s) for Decision: The main purpose of the draft Regulations is to amend the Corruption (Jersey) Law 2006 so as to enable Jersey to ask for extension of the United Kingdom’s ratification of the OECD Convention on Combating Bribery of Foreign Public Officials in International Business Transactions (“the OECD Convention”).
Resource Implications: There are no financial or manpower implications arising from these Regulations
Action required: The Executive Officer, Home Affairs, to request the Greffier of the States to lodge ‘for debate on November 6th.
Signature:		Position: Minister for Home Affairs
Date Signed:		Date of Decision (If different from Date Signed):

Draft Corruption (Amendment of Definitions) (Jersey) Regulations 200-

REPORT

Corruption (Amendment of Definitions)(Jersey) Regulations 200-

The main purpose of the draft Regulations is to amend the Corruption (Jersey) Law 2006 so as to enable Jersey to ask for extension of the United Kingdom’s ratification of the OECD Convention on Combating Bribery of Foreign Public Officials in International Business Transactions (“the OECD Convention”).

As was mentioned in the Report accompanying the draft Appointed Day Act for the 2006 Law, during correspondence between the Law Officers’ Department and the Department for Constitutional Affairs, it became apparent that, for the purposes of implementing the OECD Convention in Jersey, it would be necessary to make some adjustments to the scope of the definitions of “agent”, “public body” and “public official” in the 2006 Law as enacted.

The definition of a “foreign public official” in the OECD Convention is –

‘any person holding a legislative, administrative or judicial office of a foreign country, whether appointed or elected; any person exercising a public function for a foreign country including for a public agency or public enterprise; and any agent or official of a public international organisation.’ (Article 1.4(a))

Under the draft Regulations the definition of “agent” would be widened to cover elected or appointed officers in an administration in foreign countries, as well as other public functionaries at a regional or national level overseas, and officials of public international organisation, such as the UN, working overseas.

The opportunity is also taken to include in the definition of public body any company in which the States are the principal shareholder and a subsidiary of such a company. In the definition of “public body”, the Comptroller and Auditor General, Data Protection Commissioner and as a sweeping-up measure any other person performing a public function in Jersey.

There are no financial or manpower implications for the States arising from the draft Regulations.