Chief Minister: Delegation of Functions (Contract Signing)

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 3 January 2012:

Decision Reference: MD-C-2011-0157
Decision Summary Title :	Delegation of Functions: Contract Signing		Date of Decision Summary:	28th December 2011
Decision Summary Author:	Project and Research Officer		Decision Summary: Public or Exempt?	Public
Type of Report: Oral or Written?	Oral		Person Giving Oral Report:	N/A
Written Report Title :	N/A		Date of Written Report:	N/A
Written Report Author:	N/A		Written Report : Public or Exempt?	N/A
Subject: Delegation of Functions: Contract Signing – Computer Software Licenses
Decision(s): The Chief Minister, acting in accordance with Article 28 of the States of Jersey Law 2005, agreed to delegate to the Accounting Officer of the Chief Minister’s Department his functions under Article 26(1)(c) of the same Law in order that a contract may be signed for the renewal of States of Jersey software licenses for the period between December 2011 and 2015.
Reason(s) for Decision: 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 Chief Minister wishes to delegate to the Accounting Officer of the Chief Minister’s Department his functions under Article 26(1)(c) of the States of Jersey Law 2005: (c) the power to – (i) enter into agreements for any purpose of his or her office, (ii) acquire, hold and dispose of movable property, (iii) do any other thing which the Minister can do by virtue of his or her office, and (iv) do anything reasonably necessary or expedient for or incidental to any of the matters referred to in the foregoing clauses. The scope of the delegation is limited to the signing of a contract for the renewal of computer software licenses for the States of Jersey between December 2011 and 2015. With this in mind, a delegation report will not be presented to the States Assembly owing to the short duration of the delegation, in accordance with Article 30(2) of the same Law. It is intended that the delegation will reduce undue administrative burden on the Chief Minister.
Resource Implications: There are no resource implications.
Action required: Project and Research Officer to inform the Accounting Officer of the Chief Minister’s Department when the ministerial decision has been agreed so that the contract may be signed.
Signature:		Position: Senator B. I. Le Marquand, Deputy Chief Minister
Date Signed		Date of Decision (If different from Date Signed):