Government of Jersey

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 19 February 2010 regarding: Hill Climb, Sprints & Beach Racing 2010 - road closures and traffic management.

Decision Reference: MD-T-2010-0016
Decision Summary Title :	2010 Hill Climb, Sprints & Beach Racing Application: Part 1		Date of Decision Summary:	05 February 2010
Decision Summary Author:	Streetworks Manager		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 :	The Jersey Motor Cycle and Light Car Club’s Application to Hold Hill Climb, Sprints & Beach Racing Events in 2010		Date of Written Report:	05 February 2010
Written Report Author:	Streetworks Manager		Written Report : Public or Exempt? (State clauses from Code of Practice booklet)	Public
Subject: Hill Climb, Sprints & Beach Racing 2010
Decision(s): The Assistant Minister approved the preparation of an Order under Article 2 of the ‘Motor Vehicle Races (Jersey) Law 1946’ to enable the ‘Hill Climb, Sprints & Beach Racing 2010’ subject to the amendment of the racing schedule as set out in the report.
Reason(s) for Decision: The Assistant Minister accepted that the proposed road closures and associated traffic management (subject to stated amendments as set out in the report) appeared both reasonable and justified.
Resource Implications: TTS Officer and Law Draftsman’s Time
Action required: To forward a copy of the Ministerial Decision along with an Instructing Memorandum and the Promoter’s Application to the Law Draftsman.
Signature:		Position:
Date Signed:		Date of Decision (If different from Date Signed):

Hill Climb, Sprints & Beach Racing 2010 - road closures and traffic management

TRANSPORT AND TECHNICAL SERVICES

THE JERSEY MOTOR CYCLE AND LIGHT CAR CLUB’S APPLICATION TO HOLD HILL CLIMB, SPRINTS AND BEACH RACING EVENTS IN 2010

Purpose of the Report

To obtain a Ministerial Decision regarding approval of the Jersey Motor Cycle and Light Car Club’s (JMC&LCC) proposed road and beach racing events during 2010.

In addition, to enable an instruction to be sent to the Law Draftsman requesting preparation of an Order under Article 2 of the “Motor Vehicle Races (Jersey) Law 1946”.

Background

The Jersey Motor Cycle and Light Car Club (the Promoter) has submitted details of its proposed road and beach racing events during 2010. The events are enabled by Order of the Transport and Technical Services Minister under Article 2 of the “Motor Vehicle Races (Jersey) Law 1946”.

As per the requirements of the Law, the Economic Development Department (Jersey Tourism) has been consulted regarding proposed sand racing events. The Planning and Environment Department have also been consulted in this instance in relation to the proposed use of Greve D’Azette for sand racing as the site lies within a Ramsar designated area.

In addition, the Promoter has gained Parish approval for all of its events as well as undertaking a public relations exercise with residents and businesses directly affected by road closures. They have also supplied proof of public liability Insurance.

Discussion

Hill Climb and Sprint:

The proposed event timings for this year’s fixtures are similar in number to last year (see attached schedule), with:

Three ‘Five Mile Road Sprints’ requiring the closure of the road between 10am and 6pm, from the Car Park at La Pulente to the Car Park at Le Braye. The events will be held on Saturdays.

Four ‘Bouley Bay Hill Climbs’ requiring the closure of the hill between 8am and 6.30pm. These events generally fall on public holidays.

In addition to the above, ‘alternative race days’ are included in the attached schedule, to be used in the eventuality that bad weather forces the cancellation of an event. Of particular note is the proposed alternative date of ‘Sunday 5 September’ for the ‘Five Mile Road Sprints’. When the same alternative day was used last year (following bad weather) a complainant to the Department expressed the view that restricting access to St. Ouen and permitting invasive noise levels on a Sunday was unreasonable given its recreational value to the Island as a whole.

Sand Racing:

As usual the Promoter has applied to hold events on the beaches at Millbrook, West Park and St. Ouen (Le Braye). Their intention is to hold a total of eleven sand racing events this year (an increase on last year of three), including a number of evening events at West Park (finishing around 8.30pm at the latest with further time factored in for cleanup).

In addition to this the Promoter has applied to hold sand racing at Greve D’Azette to mark the Club’s 90th Anniversary (as the Club raced there in the 1920s). In view of the site’s Ramsar designation the Department has forwarded the application to the ‘Planning and Environment Department’ (P&E) for comment. In response P&E have advised strongly against the application on the basis that:

“it would not be within the spirit of the Convention to allow motor car and motor bicycle racing on the site”

and that other non Ramsar sites are available.

Recommendation

The Minister is recommended to reject the use of:

The use of Sundays for alternative race days in St. Ouen (i.e. that an alternative date to 5 September be found).

Greve D’Azette for sand racing on the basis of advice given by P&E in relation to its appropriate use as a Ramsar site.

Otherwise the Minister is recommended to approve the racing schedule (subject to amendments) and the preparation of an Order under Article 2 of the of the “Motor Vehicle Races (Jersey) Law 1946”.

Reason(s) for Decision

The proposed road closures and associated traffic management (subject to stated amendments) being reasonable and justified.

Resource Implications

TTS Officer and Law Draftsman’s time.

Action Required

To forward a copy of the Ministerial Decision along with an Instructing Memorandum and the Promoter’s Application to the Law Draftsman.

Written by:	Streetworks Manager
Approved by:	Director, Municipal Services
Attachments	Racing Schedule 2010