Chief Minister's delegation of functions to Assistant Ministers

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 25 November 2011:

	Decision Reference: MD-C-2011-0143
	Decision Summary Title :	Chief Minister’s delegation of functions to Assistant Ministers		Date of Decision Summary:		24th November 2011
	Decision Summary Author:	Project and Research Officer		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 :	Chief Minister’s delegation of functions to Assistant Ministers		Date of Written Report:		24th November 2011
	Written Report Author:	Project and Research Officer		Written Report : Public or Exempt? (State clauses from Code of Practice booklet)		Public
	Subject: Chief Minister’s delegation of functions to Assistant Ministers.
	Decision(s): The Chief Minister, acting in accordance with Article 28 of the States of Jersey Law 2005, agreed to delegate to his two Assistant Ministers, Senators Sir P.M. Bailhache P.F. Routier, responsibility for conducting external relations in accordance with the common policy agreed by the Council of Ministers as described in Article 18 (3) (b) of the States of Jersey Law 2005. The Chief Minister further agreed that both Assistant Ministers should be delegated authority to enter into Taxation Information Exchange Agreements (TIEAs) with other jurisdictions on behalf of the Chief Minister. The Chief Minister also agreed that his Assistant Minister, Senator P.F. Routier, should be delegated responsibility for the development of the Draft Control of Housing and Work (Jersey) Law 201- and Draft Register of Names and Addresses (Jersey) Law 201-, subject to any material amendments or decisions requiring the approval of the Chief Minister, and Council of Ministers as required, to include the lodging of any Proposition or presentation of any Report/comments, making of any statement, and the answering of questions in the Assembly on this matter (Standing Orders 9(3), 17(1)(a), 19(c), 35(1)(b).
	Reason(s) for Decision: Under Article 28 (1) of the States of Jersey Law 2005 a Minister may delegate, wholly or partly, functions conferred upon or vested in him to an Assistant Minister. Accordingly, following the appointment of his Assistant Ministers (MD-C-2011-0142) the Chief Minister wishes to delegate the above functions to them in order that they may assume responsibility of their respective areas of oversight, as described in the accompanying report.
	Resource Implications: There are no resource implications.
	Action required: The Greffier of the States is requested to present the attached report to the States Assembly.
	Signature:		Position: Senator I.J. Gorst Chief Minister
	Date Signed:		Date of Decision (If different from Date Signed):
Signature					Position (Assistant) Chief Executive

Chief Minister's delegation of functions to Assistant Ministers

STATES OF JERSEY

STATES OF JERSEY LAW 2005:

DELEGATION OF FUNCTIONS – ASSISTANT MINISTERS

NOVEMBER 2011

Report

Article 28 of the States of Jersey Law 2005 permits a Minister to delegate, wholly or partly, functions to an Assistant Minister.

The Law states –

“28 Power of Minister to delegate functions

(1) A Minister may delegate, wholly or partly, functions conferred upon or vested in the Minister by or under this Law or any other enactment or any enactment of the United Kingdom having effect in Jersey, to –

(a) one of his or her Assistant Ministers;

(b) an officer.

(2) A Minister shall not delegate –

(a) any power to make an enactment;

(b) any power to decide an appeal under an enactment;

(3) The delegation of functions by a Minister under this Article shall not prevent the Minister exercising those functions personally.”

Delegations

Article 18 (3) (b) States of Jersey Law 2005

The Chief Minister has delegated to his Assistant Ministers, Senator Sir P.M. Bailhache and Senator P.F. Routier Article 18 (3) (b) of the States of Jersey Law 2005.

Article 18(3)(b) of the States of Jersey Law 2005 provides that a function of the Chief Minister includes “conducting external relations in accordance with the common policy agreed by the Council of Ministers.”

The Law anticipates that there will be a policy agreed by the Council of Ministers and that positive steps will be taken in conducting external relations to accord with that policy.

The delegation will strengthen the role of both Assistant Ministers and will allow them to share political responsibility with the Chief Minister to ensure that the significant workload in relation to external relations is maintained at ministerial level.

The Chief Minister also wishes to delegate authority to his Assistant Ministers for them to enter into Taxation Information Exchange Agreements (TIEAs) with other jurisdictions on behalf of the Chief Minister.

Draft Control of Housing and Work (Jersey) Law 201- and Draft Register of Names and Addresses (Jersey) Law 201-

The Chief Minister wishes to delegate responsibility for the functions conferred upon him under the Draft Control of Housing and Work (Jersey) Law 201- and Draft Register of Names and Addresses (Jersey) Law 201- to his Assistant Minister, Senator P.F. Routier.

In order to enable the Assistant Minister to deal with all matters in relation to the Draft Control of Housing and Work (Jersey) Law 201- and Draft Register of Names and Addresses (Jersey) Law 201- in the States Assembly, the Chief Minister also agreed to delegate the following functions under Standing Orders in respect of the aforementioned draft legislation:

Standing Order 9(3) – answering questions;
Standing Order 17(1)(a) – making statements;
Standing Order 19(c) – lodging propositions;
Standing Order 35(1)(b) – presenting reports or comments;
Standing Order 68A(3) – proposing propositions.