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Protection of Freedoms Act: Order in Council

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.

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  • 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

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there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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

Decision Reference:  MD-C-2012-0073

Decision Summary Title :

Order in Council –Protection of Freedoms Act

Date of Decision Summary:

23rd July 2012

Decision Summary Author:

 

Project and Research Officer

Decision Summary:

Public or Exempt?

 

Public

Type of Report:

Oral or Written?

Written

Person Giving

Oral Report:

n/a

Written Report

Title :

Order in Council –Protection of Freedoms Act

Date of Written Report:

23rd July 2012

Written Report Author:

Executive Officer

Home Affairs Department

Written Report :

Public or Exempt?

 

Public

Subject: Extension of certain provisions of the Protection of Freedoms Act to Jersey by Order in Council.

Decision(s): The Chief Minister approved the report and proposition to make an Order in Council to extend certain provisions of the Protection of Freedoms Act 2012 to Jersey, and agreed to lodge the proposition ‘au Greffe’ for States debate on 11th September 2012.

Reason(s) for Decision:  To amend Part 5 of the Police Act 1997 (which has already been extended to Jersey) in order to keep Jersey in line with the UK in relation to Vetting and Barring Procedures following the independent review of the Criminal Records Regime ordered by the coalition government.

Resource Implications:  Inasmuch as the Order will modify existing legislation in Jersey, there are unlikely to be any additional manpower, revenue, capital or further legislative requirements arising.  

 

The financial costs of establishing the Jersey Vetting Bureau were set out in the report that accompanied P.121/2009, which extended Part V of the Police Act 1997 to Jersey, thereby enabling people in Jersey to apply to the Criminal Records Bureau for criminal records certificates.

Action required:  The Greffier of the States is requested to arrange for the attached report and proposition to be lodged ‘au Greffe’ for States debate on 11 September 2012.

Signature:

 

 

Position: 

 

Senator I.J. Gorst

Chief Minister

Date Signed:

 

 

Date of Decision (If different from Date Signed):

 

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