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Information and public services for the Island of Jersey

L'înformâtion et les sèrvices publyis pouor I'Île dé Jèrri

Freedom of Information (Costs) (Jersey) Regulations 201- & Freedom of Information (Schedule 1 to Law) (Amendment No. 2) (Jersey) Regulations 201-

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 22 September 2014:

Decision Reference:   MD-C-2014-0161

Decision Summary Title :

Draft Freedom of Information (Costs) (Jersey) Regulations 201-;

Draft Freedom of Information (Schedule 1 to Law) (Amd.No.2)(Jersey) Regulations 201-

Date of Decision Summary:

19th September 2014

Decision Summary Author:

Head of Information Management

Decision Summary:

Public or Exempt?

Public

Type of Report:

Oral or Written?

Written

Person Giving

Oral Report:

N/A

Written Report

Title :

Draft Freedom of Information (Costs) (Jersey) Regulations 201- -Report

Date of Written Report:

19th September 2014

Written Report Author:

Sr. Advisor, Freedom of Information and Head of Information Management

Written Report :

Public or Exempt?

Public

Subject: 

(a)   Draft Freedom of Information (Costs) (Jersey) Regulations 201- 

(b)   Draft Freedom of Information (Schedule 1 to Law) (Amd.No.2)(Jersey) Regulations 201-

Decision(s):

The Chief Minister approved the Draft Freedom of Information (Costs) (Jersey) Regulations 201- and agreed that they should be lodged ‘au Greffe’ forthwith for debate on 25th November 2014.

 

The objectives of the draft Regulations are:-

- to introduce cost limits on requests for information from scheduled public authorities;

- to enable the estimated cost of complying with aggregated requests to be taken as the total cost of complying with all of them; and

-      to give the scheduled public authority the discretion to supply information which exceeds the cost limit on payment to it of a fee in a manner set out in the Regulations.

The Chief Minister also approved draft Regulations to amend Schedule 1 to the Freedom of Information (Jersey) Law 2011 by adding Parishes to the list of scheduled public authorities. These Regulations will come into force on 1st September 2015. The effect being that the Parishes will be covered by the FOI Law from that date.

 

 

 

 

 

 

 

 

Reason(s) for Decision:

These Regulations are necessary in order for the provisions of the Freedom of Information and Data Protection (Amendments) (Jersey) Law 2014, registered in the Royal Court on 25th July 2014, to work effectively after it is brought into force.

Resource Implications:  

The potential resource implications of the Freedom of Information (Jersey) Law 2011 overall has been well rehearsed in earlier reports to the States Assembly. The actual overall cost of FOI administration will depend upon the number of requests handled and the quality of our information management.

Action required:  

The Head of Information Management to forward the two draft Regulations and accompanying report to the Greffier of the States to be lodged ‘au Greffe’ for debate on 25th November 2014.

Signature: 

 

 

 

Position: 

CHIEF MINISTER

Date Signed:

 

Date of Decision (If different from Date Signed):

 

 

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