Delegation of Ministerial Responsibilities during Ministerial Absence

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 on 3 August 2012:

Decision Reference: MD-C-2012-0081
Decision Summary Title :	Delegation of Ministerial Responsibilities during Ministerial absence		Date of Decision Summary:	3rd August 2012
Decision Summary Author:	Project and Research Officer		Decision Summary: Public or Exempt?	Public
Type of Report: Oral or Written?	Oral		Person Giving Oral Report:	Project and Research Officer
Written Report Title :	N/A		Date of Written Report:	N/A
Written Report Author:	N/A		Written Report : Public or Exempt?	N/A
Subject: Delegation of Ministerial Responsibilities during Ministerial absence.
Decision(s): The Chief Minister, acting in accordance with Article 27(2) of the States of Jersey Law 2005, agreed that the Deputy Chief Minister, Senator Ian Le Marquand, the Minister for Treasury & Resources, Senator Philip Ozouf and the Minister for Housing, Deputy Andrew Green should assume various Ministerial functions to cover temporary periods of ministerial absence over the Summer period, August – September 2012, as follows – The Deputy Chief Minister will assume the functions of the Minister for Economic Development and the Minister for Education, Sport & Culture The Minister for Treasury & Resources will assume the functions of the Minister for Health and Social Services The Minister for Housing will assume the functions of the Minister for Social Security Details of Ministerial absences are held by the Chief Minister’s Department.
Reason(s) for Decision: Under Article 27(2) of the States of Jersey Law 2005 the Chief Minister may designate a Minister to discharge the functions of another Minister during his or her absence.
Resource Implications: There are no resource implications.
Action required: Project and Research Officer to: circulate an updated list of ministerial absences to all Chief Officers circulate copies of the signed Ministerial Decision to all relevant officers within departments
Signature:		Position: Senator I.J. Gorst Chief Minister
Date Signed:		Date of Decision (If different from Date Signed):