Amendments to Banking Business Law, and Insurance Business Regulations.

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 (29/11/2006) regarding Banking Business (Amendment No.5) (Jersey) Law 200-, and Insurance Business (Amendment) (Jersey) Regulations 200-. Approval and recommendation that lodging period to expedited.

Subject:	Banking Business (Amendment No.5) (Jersey) Law 200- and Insurance Business (Amendment) (Jersey) Regulations 200- - approval and recommendation that lodging period to expedited
Decision Reference:	MD-E-2006-0208		Exempt clause(s):
Type of Report: (oral or written)	Written		Person Giving Report (if oral):	n/a
Telephone or e-mail Meeting?	n/a		Report File ref:
Written report – Title	BANKING BUSINESS (AMENDMENT NO. 5) (JERSEY) LAW 200- INSURANCE BUSINESS (AMENDMENT) (JERSEY) REGULATIONS 200-
Written report – Author (name and job title)	Paul de Gruchy, Director, Finance Industry Development
Decision(s): That the Minister approve the two pieces of legislation attached to this report and instruct the Director, Finance Industry Development to forward them to the Greffe for consideration by the States at the very earliest opportunity, preferably on 5 December 2006.
Reason(s) for decision: The two pieces of legislation are short and correct a minor error that has the effect of preventing the Commission from giving assistance to other regulators, contrary to the clear intention of the legislation. A request for such assistance is expected to be made shortly, and so it is vital that the pieces of legislation are brought into force as soon as possible.
Action required: Director, Finance Industry Development to lodge the Regulations at the Greffe and request that the Regulations and the Law Amendment be put to the States on 5 December 2006.
Signature: Senator P.F.C.Ozouf (Minister)		Date of Decision: 29 November 2006