Government of Jersey

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 (17/01/2007) regarding: Misuse of Drugs (Jersey) Law 1978 – The Safer Management of Controlled Drugs in the Community

Subject:	Misuse of Drugs (Jersey) Law 1978 – The Safer Management of Controlled Drugs in the Community
Decision Reference:	MD-HSS-2007-0001		Exempt clause(s):
Type of Report: (oral or written)	Written		Person Giving Report (if oral):
Telephone or e-mail Meeting?			Report File ref:
Written report – Title	Misuse of Drugs (Jersey) Law 1978 – The Safer Management of Controlled Drugs in the Community
Written report – Author (name and job title)	Paul McCabe – Chief Pharmacist
Decision(s): Minister approved the recommendations of the Misuse of Drugs Advisory Council as detailed in the accompanying report.
Reason(s) for decision: The Shipman Inquiry was an independent public inquiry into the issues arising from the case of Harold Shipman. The Inquiry’s fourth report was published on 14th July 2004. It focussed on the methods used by Shipman to divert large quantities of potentially lethal controlled drugs and the reasons it was possible for him to do so for so long without detection. The Shipman Inquiry concluded that there were shortcomings in the systems used for the safe management of controlled drugs and made a number of recommendations to improve their management. The current provisions of The Misuse of Drugs (Jersey) Law 1978 do not adequately meet the recommendations of the fourth report of the Shipman Inquiry. The Misuse of Drugs Advisory Council has consequently made a number of recommendations for changes to the Misuse of Drugs (Jersey) Law 1978.
Action required: Minister to approve the recommendations of the Misuse of Drugs Advisory Council and authorise the Chief Pharmacist to prepare a brief for consideration by the Law Draftsman.
Signature: Signed by Senator Stuart Syvret (Minister/ Assistant Minister)		Date of Decision: 17 January 2007