Competition Regulatory Authority (Jersey) Law 2001: Request Jersey Competition Regulatory Authority to report on groceries market

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 1 February 2013:

Decision Reference: MD-E-2013-0012

Decision Summary Title :

Request to the JCRA under Article 6(4) of the Competition Regulatory Authority (Jersey) Law 2001 to produce a report examining the groceries market in Jersey

Date of Decision Summary:

29th January 2013

Decision Summary Author:

Strategy Manager, Policy and Regulation

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 :

Request by the Minister for Economic Development for the (JCRA) to produce a report examining the retail supply of groceries in Jersey under the authority of Article 6(4) of the Competition Regulatory Authority (Jersey) Law 2001

Date of Written Report:

17th January 2013

Written Report Author:

Strategy Manager, Policy and Regulation

Written Report :

Public or Exempt?

(State clauses from Code of Practice booklet)

Public

Subject: Article 6 (4) request for the JCRA to examine and report on the market for groceries in Jersey.

Decision(s): The Minister approves the attached Article 6(4) request to the JCRA.

Reason(s) for Decision: The JCRA will undertake a review of the level of pricing of groceries in Jersey and in comparable jurisdictions across various categories of goods, to examine the reasons behind any variation in price, to examine barriers to entry and to consider means to enhance competition.

In order to undertake a market study, the JCRA requires access to all relevant information. This request provides the JCRA with powers under Article 26(2) of the Competition (Jersey) Law 2005

Resource Implications: The JCRA will meet the cost of the review from its own resources, so this decision will result in no resource implications. In the event that specific consultancy assistance is required, support for this specific cost may be sought by the JCRA. In this event, funding will be discussed.

Action required: The attached request to be sent to the JCRA for its consideration.

Signature: Senator A.J.H.Maclean

Position: Minister

Date Signed:

Date of Decision (If different from Date Signed):