Home Affairs Minister: Delegation of functions

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

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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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 on 7 December 2011:

Decision Reference: MD-HA-2011-0091
Decision Summary Title :	Delegation of powers to the Assistant Minister		Date of Decision Summary:	28 November 2011
Decision Summary Author:	Executive Officer, Home Affairs		Decision Summary: Public or Exempt?	Public
Type of Report: Oral or Written?	Written		Person Giving Oral Report:	n/a
Written Report Title :	Delegation of powers to the Assistant Minister - Report		Date of Written Report:	28 November 2011
Written Report Author:	Executive Officer, Home Affairs		Written Report : Public or Exempt?	Public
Subject: Delegation of powers from the Minister for Home Affairs to the Assistant Minister, Senator L.J. Farnham.
Decision(s): The Minister approved the delegation of all his powers to the Assistant Minister, Senator L.J. Farnham, in case of his absence or unavailability due to illness, save that the Assistant Minister will not have powers to make enactments, decide appeals under an enactment, nor perform any function that is prohibited by an enactment.
Reason(s) for Decision: To give authority to the Assistant Minister for statutory functions vested in the Minister.
Resource Implications: There are no resource implications for the Home Affairs Department resulting from this decision.
Action required: The Executive Officer, Home Affairs, to inform the Department Heads of the decision and to request the Greffier to present the delegations to the States.
Signature:		Position: Minister for Home Affairs
Date Signed:		Date of Decision (If different from Date Signed):

Home Affairs Minister: Delegation of functions

Home Affairs Department
Subject:	Delegation of power to the Assistant Minister
Exempt Clause:	N/A	Date:	28 November 2011

Author:	Executive Officer, Home Affairs

Report for Minister

Introduction

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, inter alia, that:

(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.

Recommendation:

It is recommended that, in case of his absence or unavailability due to illness and in accordance with Article 28 of the States of Jersey Law 2005, the Minister for Home Affairs, Senator B.I. Le Marquand, delegates his powers and functions, including all other areas where the Minister would otherwise have to act and be advised, to his Assistant Minister, Senator Lyndon Farnham.