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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 February 2010 regarding: Medical Practitioners (Registration) (Jersey) Law 1960 and the Dentists (Registration) (Jersey) Law 1961 - Amendment to both laws relating to eligibility for registration in the Royal Court.

Decision Reference: MD-HSS-2010-0014
Decision Summary Title :	Amendment to the Medical Practitioners (Registration) (Jersey) Law 1960 and the Dentists (Registration) (Jersey) Law 1961		Date of Decision Summary:	28 January 2010
Decision Summary Author:	Head of Health Protection		Decision Summary: Public or Exempt? (State clauses from Code of Practice booklet)	Public
Type of Report: Oral or Written?	Written		Person Giving Oral Report:
Written Report Title :	Amendment to the Medical Practitioners and Dentists Laws		Date of Written Report:	28 January 2010
Written Report Author:	Head of Health Protection		Written Report : Public or Exempt? (State clauses from Code of Practice booklet)	Public
Subject: Medical Practitioners (Registration) (Jersey) Law 1960 and the Dentists (Registration) (Jersey) Law 1961- Amendment to both laws relating to eligibility for registration in the Royal Court
Decision(s): The Minister approved the proposed amendment to the laws and to requested that the Law Draftsman take the necessary action.
Reason(s) for Decision: The law amendments are to ensure that the Doctors and Dentists who register to practice in the island are of an equivalent standard to those who are registered to practice in the UK. Changes to the way that Doctors are registered and licensed to practice by the General Medical Council has meant that registration under the current Medical Practitioners (Registration) (Jersey) Law 1960 and the Dentists (Registration) (Jersey) Law 1961 does not meet the strict new standards on competency that are required.
Resource Implications: There are no resource implications.
Action required: Drafting Instructions to be prepared for the Law Draftsman.
Signature:		Position: Minister for Health and Social Services
Date Signed:		Date of Decision (If different from Date Signed):

Medical Practitioners (Registration) (Jersey) Law 1960 and the Dentists (Registration) (Jersey) Law 1961 - Amendment to both laws relating to eligibility for registration in the Royal Court

States of Jersey Health and Social Services

PUBLIC HEALTH DEPARTMENT

Report from the Head of Health Protection Services

to the Minister for Health and Social Services

--------------------------------------------------------------------------------------------------------------------

TITLE: Amendment to the Medical Practitioners and Dentists Registration Laws

--------------------------------------------------------------------------------------------------------------------

Background

Medical Practitioners and Dentists who wish to practice in Jersey are required to be registered through the Royal Court under the Medical Practitioners (Registration) (Jersey) Law 1960 and the Dentists (Registration) (Jersey) Law 1961. The GMC have recently made changes to the way that Doctors are registered, and licensed to practice. A similar proposal is being considered for other healthcare professionals including Dentists.

On the 30th October 2009 the then Attorney General wrote to the department advising that following changes to the way that UK had previously registered Doctors through the General Medical Council, there were other anomalies that required a change in the way that Jersey also undertook its registration if we were to ensure that the same UK standards for registration are to be maintained. The Attorney Generals concerns were that “persons may have been registered as medical practitioners in Jersey when they were not entitled to be”.

Issues

Whilst there are a number of issues that have been highlighted that affect not only these two professional groups but other Healthcare Professionals, the work needed to create an appropriate law and orders there-under are extensive and will take a considerable time to be brought before the States. The present need to urgently amend the current laws is more pressing. Therefore the main body of proposals will be the subject of a further Report and Ministerial Decision Summary brought to the Minister at a later date.

In the meantime in order to ensure that Doctors and Dentists registering with the Royal Court meet the same high standards as are required in the UK, it is suggested that a minor amendment is made to Article 3 of the Medical Practitioners (Registration) (Jersey) Law 1960 and the Dentists (Registration) (Jersey) Law 1961 laws, which will ensure that Jersey is not disadvantaged with regard to the competency of those professionals. The Law Draftsman has indicated that she is willing to undertake this urgent task due to its minor nature.

Financial Implications

There are no financial implications with respect to this proposal.

Recommendation

The Minister agrees to the minor amendment to the Medical Practitioners (Registration) (Jersey) Law 1960 and the Dentists (Registration) (Jersey) Law 1961 to ensure that the requirements pertaining to the standards for registration in the UK are replicated for those who are registered in Jersey.

Stephen D Smith

Head of Health Protection Services

28 January 2010