Delegation of Functions

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 10 May 2012:

Decision Reference: MD-C-2012-0048
Decision Summary Title :	Delegation of Functions: Legislation Advisory Panel – Law Drafting Instructions		Date of Decision Summary:	8th May 2012
Decision Summary Author:	Project and Research 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:	N/A
Written Report Title :	Delegation of Functions: Legislation Advisory Panel – Law Drafting Instructions		Date of Written Report:	8th May 2012
Written Report Author:	Project and Research Officer		Written Report : Public or Exempt? (State clauses from Code of Practice booklet)	Public
Subject: Delegation of Functions -
Decision(s): The Chief Minister, in pursuance of Article 28(1)(a) of the States of Jersey Law 2005, agreed to delegate to his Assistant Minister, Senator Sir P.M. Bailhache, authority to instruct the Law Draftsman to prepare draft legislation when necessary for matters that fall under the responsibility of the Legislation Advisory Panel.
Reason(s) for Decision: The Legislation Advisory Panel was established in 2006 to advise the Chief Minister on matters relating to the following areas of legislation: courts and courts procedures divorce, separation and maintenance probate, intestacy, wills and succession laws relating to property amendments to customary law miscellaneous items of legislation – Law of Tutelles etc. The Chief Minister is accountable for the work of the Panel and, as such, all of its recommendations are brought to the Chief Minister for his approval before being lodged for States debate. Having appointed his Assistant Minister, Senator Sir. P.M. Bailhache, as Chairman of the Legislation Advisory Panel in December 2011 (MD-C-2011-0142), the Chief Minister wishes to ensure that the Advisory Panel is able to undertake its work efficiently. The Chief Minister has therefore agreed to delegate the Chairman authority in order to enable him to instruct the Law Draftsman to prepare draft legislation when necessary for matters considered and approved by the Legislation Advisory Panel. The Chief Minister is informed regularly about the legislative matters under consideration by the Advisory Panel and will remain responsible for lodging ‘au Greffe’ any items it wishes to take forward.
Resource Implications: There are no resource implications.
Action required: The Greffier of the States is asked to present the report to the States Assembly Project and Research Officer to advise the Chairman and Law Draftsman when the decision has been agreed
Signature:		Position: Senator I.J. Gorst Chief Minister
Date Signed:		Date of Decision (If different from Date Signed):

Delegation of Functions

STATES OF JERSEY

STATES OF JERSEY LAW 2005:

DELEGATION OF FUNCTIONS –

CHAIRMAN OF THE LEGISLATION

ADVISORY PANEL

STATES GREFFE

REPORT

Article 28 of the States of Jersey Law 2005 permits a Minister to delegate, wholly or partly, functions to an Assistant Minister or an officer. The Law states –

“28 Power of Minister to delegate functions

(1) A Minister may delegate, wholly or partly, functions conferred upon or vested in the Minister by or under this Law or any other enactment or any enactment of the United Kingdom having effect in Jersey, to –

(a) one of his or her Assistant Ministers;

(b) an officer.

(2) A Minister shall not delegate –

(a) any power to make an enactment;

(b) any power to decide an appeal under an enactment;

(3) The delegation of functions by a Minister under this Article shall not

prevent the Minister exercising those functions personally.”.

Delegation

The Chief Minister has delegated to his Assistant Minister, Senator Sir. P.M. Bailhache, the ability to instruct the Law-Draftsman to prepare draft legislation for matters falling within the responsibilities of the Legislation Advisory Panel.

The Legislation Advisory Panel was established in 2006 to advise the Chief Minister on matters relating to the following areas of legislation:

courts and courts procedures
divorce, separation and maintenance
probate, intestacy, wills and succession
laws relating to property
amendments to customary law
miscellaneous items of legislation

The Chief Minister wishes to ensure that the Legislation Advisory Panel is able to carry out its work efficiently, and has therefore agreed that Senator Bailhache, as Chairman of the Advisory Panel, should be given the authority to approve law-drafting on behalf of the Panel as and when it is necessary.

The Chief Minister is ultimately responsible for the work of the Advisory Panel and is kept up to date regularly with its work. He will remain responsible for lodging ‘au Greffe’ any items of legislation brought forward on the recommendation of the Legislation Advisory Panel.