Legal Aid Guidelines Advisory Committee: Member Nominations

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 25 July 2019:

MINISTERIAL DECISION REFERENCE: MD-C-2019-0083
DECISION SUMMARY TITLE: Legal Aid Guidelines Advisory Committee – Chief Minister’s nominations
DECISION SUMMARY AUTHOR:	Policy Principal, Strategic Policy Performance and Population	IS THE DECISION SUMMARY PUBLIC OR EXEMPT? (if exempt state the relevant article/paragraph of the Freedom of Information Law/Regulations)		Public
REPORT TITLE: Legal Aid Guidelines Advisory Committee – Chief Minister’s nominations
REPORT AUTHOR OR NAME OF PERSON GIVING REPORT: (if different from Decision Summary Author)	Policy Principal, Strategic Policy Performance and Population	IS THE REPORT PUBLIC OR EXEMPT (if exempt state the relevant article/paragraph of the Freedom of Information Law/Regulations)		Public
DECISION AND REASON FOR THE DECISION: The Chief Minister has decided to nominate Dr Helen Miles and Lisa Hart as members of the Legal Aid Guidelines Advisory Committee. The Access to Justice (Jersey) Law 201- was adopted by the States Assembly on 1st May 2019. The Law is still to receive Royal Assent and registration by the Royal Court. Article 6 (1) of the Law establishes the Legal Aid Guidelines Advisory Committee for the purpose of advising and assisting the Minister in making the Legal Aid Guidelines. In order that discussions on a new Legal Aid Scheme can begin as soon as possible, the Committee is to be set up in shadow form until the legislation has been granted Royal Assent, registered in the Royal Court and brought into effect (by an Appointed Day Act). Once the Law has been brought into force, these appointments will take effect under Article 6 (3) (g). The Judicial Greffier has been consulted.
RESOURCE IMPLICATIONS: These roles are undertaken on an Honorary basis.
ACTION REQUIRED: The Judicial Greffier to be informed that these nominations have been confirmed.
SIGNATURE:			POSITION: Senator John Le Fondré Chief Minister
DATE SIGNED:			EFFECTIVE DATE OF THE DECISION:

Legal Aid Guidelines Advisory Committee: Member Nominations

Legal Aid Guidelines Advisory Committee – Chief Minister’s nominations.

The Access to Justice (Jersey) Law 201- was adopted by the States Assembly on 1st May 2019. The Law is still to receive Royal Assent and registration by the Royal Court. It is anticipated that the Law will be in force by the end of 2019.

Article 6 (1) of the Law establishes the Legal Aid Guidelines Advisory Committee for the purpose of advising and assisting the Minister in making the Legal Aid Guidelines.

In order that discussions on a new Legal Aid Scheme can begin as soon as possible, the Committee is to be set up in shadow form until the legislation has been granted Royal Assent, registered in the Royal Court and brought into effect.

Once an Appointed Day Act has been adopted by the States Assembly to bring the legislation into force, these appointments will take effect under Article 6 (3) (g).

As required by Article 6 (4), the Judicial Greffier has been consulted.

Dr Helen Miles is a former civil servant. During her career, Dr Miles worked within the Jersey Customs and Immigration Service, the Probation and After Care Service, the States of Jersey Police and the Department for Community and Constitutional Affairs.

Lisa Hart is the serving Deputy Greffier of the States.