Single European Payments Area (SEPA) Framework: Law drafting instructions

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 20 October 2014:

Decision Reference: MD-C-2014-0171
Decision Summary Title :	Law drafting instructions to implement the Single European Payments Area regime	Date of Decision Summary:	16th October 2014
Decision Summary Author:	Director, Finance Industry Development, Financial Services Unit	Decision Summary: Public or Exempt?	Public
Type of Report: Oral or Written?	Written	Person Giving Oral Report:	N/A
Written Report Title :	Law Drafting Instructions - Re Revised EPC criteria requirements	Date of Written Report:	16th October 2014
Written Report Author:	Director, Finance Industry Development	Written Report : Public or Exempt?	Exempt 3.2.1(a)(xiv)
Subject: Law drafting instructions to implement a framework to enable Jersey to make an application to join the Single European Payments Area (SEPA).
Decision(s): The Chief Minister agreed to instruct the Law Draftsman to complete legislation to provide part of the framework to enable Jersey to apply to be a part of the SEPA.
Reason(s) for Decision: The attached law drafting instructions request the Law Draftsman to complete legislation that would enable Jersey to apply to the European Payments Council (EPC) to be a part of the Single European Payments Area. If the EPC accepted Jersey’s application, this framework would enable Jersey’s banks in turn to apply to be a part of the SEPA. On joining there would be a number of benefits for customers including the ability to make faster and cheaper payments in Euros by using a new payment system. As with all policy development there may be particular issues that arise during the drafting process that necessitate some alterations from the initial drafting instructions.
Resource Implications: There are no financial or manpower costs for the States.

Action required:

The Chief Minister’s officers to pass the law drafting instructions to the Law Draftsman for action.

Signature:

Position:

CHIEF MINISTER

Date Signed:

Date of Decision (If different from Date Signed):