Cremation (Amendment No. 15) (Jersey) Regulations: Medical Referees: Appointment

Information about the publication of Ministerial Decisions

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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.

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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

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A decision made 25 March 2013:

Decision Reference: MD-HSS-2013-0012
Decision Summary Title :	Appointment of medical referees under Cremation (Amendment No 15) (Jersey) Regulations		Date of Decision Summary:	20 March 2013
Decision Summary Author:	Medical Officer of Health		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 :	Appointment of medical referees under Cremation (Amendment No 15) (Jersey) Regulations		Date of Written Report:	20 March 2013
Written Report Author:	Medical Officer of Health		Written Report : Public or Exempt?	Public
Subject: Appointment of medical referees under Cremation (Amendment No 15) (Jersey) Regulations.
Decision(s): The Minister for Health and Social Services approved the appointment of two further suitably qualified Medical Referees under the Cremation (Amendment No 15) (Jersey) Regulations, thereby investing in them the powers to grant or refuse cremation as currently delegated to the States Medical Officer of Health (MOH). These Medical Referees are: Dr Ibipeju Famoriyo Dr Nicholas Lyons
Reason(s) for Decision: To ensure that the role of Medical Referee is delivered by a team of suitable experienced doctors, thus reducing the current critical dependency on the availability of the MOH.
Resource Implications: No resource implications
Action required: MOH to inform Crematorium Superintendent
Signature:		Position: Minister for Health and Social Services
Date Signed:		Date of Decision (If different from Date Signed):

Cremation (Amendment No. 15) (Jersey) Regulations: Medical Referees: Appointment

Appointment of medical referees under Cremation (Amendment No. 15) (Jersey) Regulations

Introduction

In June 2011 the States of Jersey adopted a proposed amendment to the provisions made under the Cremation (Jersey) Regulations 1961. This amendment allowed for the Minister to grant to a team of medical referees the power to grant or refuse an application for cremation.

The powers had currently only been vested in the Medical Officer of Health (MOH) creating a single point of dependency which, in turn, created the potential for delay. Vesting the powers in one or more medical referees, creates a more resilient and efficient team approach.

A medical referee may give ‘authority to cremate’ when they are satisfied that an application for cremation is in order. It is the final check that there is no reason why a body may not be disposed of by cremation, after which time no post mortem examination of the remains would be possible. It is an important safeguard enabling further enquiries to be made, such as if there was any doubt as to the cause of death, any suspicious circumstances / any reason why the death should be referred to the Deputy Viscount (in his role as Coroner) or his advice sought. The vast majority of cremation authorisations are straightforward and simple to process and authorise.

Medical Referees – the appointment process

MOH, with regard to the UK Ministry of Justice guidance on appointment of Medical Referees has recommended a further two doctors for appointment to the Minister. Seven doctors were recommended on the 11th July 2011. The MOH is satisfied that each is:

A registered medical practitioner of at least 5 year’s standing
A colleague of good professional standing with the character, experience and qualifications required of a medial referee
A colleague with no record of any complaints, hearings or warnings to / by the General Medical Council.

Those doctors are:-

Dr Ibipeju Famoriyo
Dr Nicholas Lyons

Financial Implications: Within existing resources

Dr Susan Turnbull

Medical Officer of Health

March 2013