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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 15 April 2016:

Ministerial decision reference MD-C-2016-0046
Decision summary title New Census and Statistics Law – Law Drafting instructions
Decision summary author	Chief Statistician	Is the decision summary public or exempt?		Public
Report title New Census and Statistics Law – Law Drafting instructions
Report author or name of person giving report	Chief Statistician	Is the report public or exempt?		Public
Decision and reason for the decision The Chief Minister approved the drafting of legislation to replace the current Census (Jersey) Law 1951 with a new Census and Statistics Law. The reason for this is to support the most effective and efficient collection of data and the production of official statistics, including providing for the production of censuses, and providing a statutory basis for the principles outlined in the “Code of Practise for Official Statistics in Jersey”, and by doing so, bringing Jersey into line with other jurisdictions.
Resource implications There are no additional financial or manpower implications arising from this decision
Action required The Chief Statistician to instruct the Law Draftsman.
Signature			Position Senator I J Gorst Chief Minister

Date signed			Effective date of the decision

Census (Jersey) Law 1951: New Legislation - Census and Statistics Law: Law drafting instructions

New Census and Statistics Law – Law Drafting instructions

In November 2013, the Chief Minister signed a Ministerial Decision instructing the Law Draftsmen to amend the Census Law (Jersey) 1951, in order to allow a defined and limited amount of departmental administrative data to be shared with the Statistics Unit.

The purpose was to enable an electronic approach to the population census, based on administrative data sources and to enable regular measurement of Jersey’s population size, characteristics and migration dynamics.

The Census Law (Jersey) 1951 which allows for the taking of a census requires a range of details to be outlined in Regulations, including the date of the census, the information collected, and the duties that need to be performed. This was all designed for an age in which this is done periodically as a mass exercise by paper-based forms completed by every household – this is now traditionally done in Jersey and elsewhere.

An alternative approach to census-taking is to make use of government administrative data, to supplement, where appropriate, traditional methods. This alternative approach could significantly improve cost effectiveness, and could increase the frequency and timeliness of information on population size and dynamics.

This does not mean the end of traditional census; they still have a place as a periodic means of calibrating other statistics. Nevertheless, it is important to have a census Law that is sufficiently flexible for the 21st Century, so that different methods can be used to complement each other.

Further to this, on the 21st May, 2015, the Council of Ministers presented to the States Assembly a new “Code of Practice for Official Statistics in Jersey”,[1] which aimed to create a single document outlining how official statistics work in our Island, and clearly stating the absolute importance and inviolability of impartiality and quality when it comes to official statistics. This was considered an important step forward in terms of clarity and enhanced separation of the statistical function from government.

At this juncture, it is proposed that the work to create an updated statutory framework for the census be extended to also enshrine the principles in the Code of Practice for Official Statistics in Jersey, and to include provisions around (i) the collection of data from external sources (enabling, in extremis, penalties to applied for not providing data); and (ii) confidentiality and disclosure.

This would mean that Jersey would have a single piece of legislation which would cover the census, the broader range of official statistics, and how all these statistics are collected, collated and published. This would include the role, responsibilities and functions of the Statistics Unit, and of the Statistics User Group, which is currently a non-statutory body responsible for overseeing the function.

Indeed, a previous Chair of the Statistics User Group, Professor Tim Holt, who was also the first Director of the UK Office for National Statistics, recommended “that the States invite the Statistics Users Group to frame legislation”, based on the assessment that “unlike almost all countries, there is no legal framework to ensure that the professional independence of Official Statistics….is embedded in Law.” This proposal continues to be strongly supported by the Statistics Users Group.

This proposed legislation, providing for professional independence, will therefore also bring Jersey into line with other international jurisdictions, enhancing the reputation of our statistics and our Island’s governance, and providing high levels of assurance to Islanders and investors.

Indeed, ultimately high quality statistics on the condition of our society and economy are critical, helping us make informed decisions about the long term future of our Island, helping to achieve the goals we step. This legislation would be a further step forward in securing this.

For all these reasons, and as outlined above, the Chief Statistician, in consultation with the Statistics User Group, will work with the Law Draftsman to produce a new Census and Statistics Law for the scrutiny and consideration of the States Assembly.

[1] R63/2015