Animal Health: Law drafting instructions to provide new primary legislation

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 July 2015:

Decision Reference: MD-PE-2015-0047
Decision Summary Title :		Animal Health legislation		Date of Decision Summary:	14 July 2015
Decision Summary Author:		States Veterinary Officer		Decision Summary: Public or Exempt?	Public
Type of Report: Oral or Written?		Written		Person Giving Oral Report:
Written Report Title :		Animal Health Legislation		Date of Written Report:	14 July 2015
Written Report Author:		States Veterinary Officer		Written Report : Public or Exempt?	Public
Subject: Regulation to prevent introduction and spread of animal diseases and to demonstrate disease freedom by surveillance and testing.
Decision(s): The Minister decided to provide new primary legislation to enable application of proportionate controls to prevent introduction and spread of diseases which have major economic importance or can be transmitted to humans from animals and to carry out surveillance and sampling necessary to demonstrate disease freedom
Reason(s) for Decision: To update and consolidate existing legislation, some of which is no longer fit for purpose and to enable efficient application of EU legislation and international standards to animal health. To enable introduction of fees in accordance with User Pays policy.
Resource Implications: None for provision of draft legislation. Fees for necessary inspections and provision of associated evidence e.g documented approvals and certificates will apply to animal and business owners subject to any relevant provision.
Action required: SVO to provide law drafting instructions.
Signature:			Position: Minister for Planning & Environment
Date Signed:	Initials		Date of Decision (If different from Date Signed):