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Children (Convention Rights) (Commencement) (Jersey) Act 202-

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 16 October 2023:

Decision Reference:  MD-CED-2023-666

Public

Subject: DRAFT CHILDREN (CONVENTION RIGHTS)  (COMMENCEMENT) (JERSEY) ACT 202-

 

Report Title: DRAFT CHILDREN (CONVENTION RIGHTS)  (COMMENCEMENT) (JERSEY) ACT 202-

Public

Decision(s):

The Minister for Children and Education decided to lodge the Draft Children (Convention Rights) (Commencement) (Jersey) Act 202- for debate by the States Assembly.

Reason for Decision(s):

The States Assembly adopted the Draft Children (Convention Rights) (Jersey) Law 202- on 30th March 2022, with a principal ambition to achieve significant culture-change in relation to the policies, laws and day-to-day practices which affect Jersey’s children. The adoption of the Law included an amendment so that an Appointed Day Act would be required to bring the remainder of the Law into force on a day to be specified by the States. It was agreed that this would serve as a clear point of communication for duty bearers and provide an opportunity for them to confirm their readiness through a debate and vote in the States Assembly.   The Minister therefore decided to lodge this Act for debate by the States Assembly, in order to bring the uncommenced provisions of the Children (Convention Rights) (Jersey) Law 2022, except Articles 5, 9 and 12(4)(b)(iii) and Schedule 1, into force on 1st January 2024.

Resource Implications: There are no additional resources, the implementation and onward requirements will be met from existing resources.

 

Action Required: Officers to request the Greffier of the States to arrange for the item(s) to be lodged 'au Greffe' for debate at the States sitting due to take place on 28th November 2023.

Signature:

 

 

Signed By: Minister for Children and Education

Date Signed:

 

 

Date of Decision (If different from Date Signed):

 

 

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