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EU Legislation (Sanctions - Guinea) (Jersey) Order 2019

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 March 2019:

iMINISTERIAL DECISION REFERENCE:    MD-ER-2019-0013

DECISION SUMMARY TITLE:     EU Legislation (Sanctions - Guinea) (Jersey) Order 2019

DECISION SUMMARY AUTHOR:

Head of International Compliance

IS THE DECISION SUMMARY PUBLIC OR EXEMPT?  

Public

REPORT TITLE:     EU Legislation (Sanctions - Guinea) (Jersey) Order 2019

REPORT AUTHOR OR NAME OF PERSON GIVING REPORT: 

Legislative Drafter

IS THE REPORT PUBLIC OR EXEMPT? 

Public

DECISION AND REASON FOR THE DECISION:

The Minister for External Relations, in pursuance of Article 2 of the European Union Legislation (Implementation) (Jersey) Law 2014 and having regard to Council Regulation (EU) 1284/2009 (“the Regulation”) concerning restrictive measures directed against Republic of Guinea, made the EU Legislation (Sanctions - Guinea) (Jersey) Order 2019 (“the Order”).

The Order repeals and replaces the Community Provisions (Restrictive Measures – Guinea) (Jersey) Order 2010 in order to bring the enforcement of the Regulation into line with Jersey’s existing legislative framework for the enforcement of sanctions measures. As such, the Order includes an ambulatory reference, in Article 2, to the Annexes to the Regulation. If the EU amends the list of persons subject to an asset-freeze designation, the effect of the ambulatory reference is that that EU amendment takes effect automatically in Jersey without the need for any amendment to the Order.

RESOURCE IMPLICATIONS:    There are no resource implications arising from this legislation.

ACTION REQUIRED:  External Relations shall –

(1) inform the Assistant Greffier of the States and the States Greffe Publications Editor immediately the Order is made, and request the Greffier of the States to arrange for the making of the Order to be notified to the States;

(2) deliver the signed and sealed order to the Publications Editor.

SIGNATURE:

 

 

SENATOR IAN GORST

POSITION:

 

 

MINISTER FOR EXTERNAL RELATIONS

 

 

DATE SIGNED

EFFECTIVE DATE OF THE DECISION

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