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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 2011 regarding:

Decision Reference: MD-E-2011-0116
Decision Summary Title:	Proceeds of Crime (Supervisory Bodies) (Designation of Supervisory Bodies) (Amendment No. 2) (Jersey) Order 201-		Date of Decision Summary:	22 July 2011
Decision Summary Author:	Director, Finance Industry Development		Decision Summary: Public or Exempt?	Public
Type of Report: Oral or Written?	Written		Person Giving Oral Report:	N/A
Written Report Title:	Proceeds of Crime (Supervisory Bodies) (Designation of Supervisory Bodies) (Amendment No.2) (Jersey) Order 301-		Date of Written Report:	22 July 2011
Written Report Author:	Director, Finance Industry Development		Written Report : Public or Exempt?	Public
Subject: Proceeds of Crime (Supervisory Bodies) (Designation of Supervisory Bodies) (Amendment No.2) (Jersey) Order 2011.
Decision(s): The Minister made the Proceeds of Crime (Supervisory Bodies) (Designation of Supervisory Bodies) (Amendment No.2) (Jersey) Order 2011.
Reason(s) for Decision: The designation of the Jersey Financial Services Commission as the supervisory body under the Proceeds of Crime legislation for lawyers and accountants was subject to a sunset clause that expired on 19 March 2010. A previous Order extended the designation period for another 18 months, which will expire on 19 September 2011. This Order will extend the designation period for a further 18 months, until 19 March 2013.
Resource Implications: There are no manpower implications for the States. Financial costs will be incurred by the Jersey Financial Services Commission’s Anti-Money Laundering Unit. The costs of supervising the lawyers and accountants are included in the overall costs of the unit. It has been agreed that the costs of the AML Unit will be split with the Economic Development Department funding 42.5% which is currently approximately £250,000 and industry the remainder (57.5%).
Action required: The Minister to sign, date and seal the draft Order and for it to be returned to the States Greffe.
Signature: Senator AJH Maclean		Position: Minister for Economic Development
Date Signed:		Date of Decision:

Proceeds of Crime (Supervisory Bodies) (Designation of Supervisory Bodies) (Amendment No. 2) (Jersey) Order 2011

Report concerning the extension of the AML Unit for Oversight of Lawyers and Accountants

1 Issue and Recommendation

1.1 The designation of the Jersey Financial Services Commission as the supervisory body under the Proceeds of Crime legislation for lawyers and accountants is subject to a sunset clause that expires on 19 September 2011. The draft Order will extend the designation period for a further 18 months, until 19 March 2013.

1.2 It is recommended that the Minister signs, dates and seals the draft Order and that it is returned to the States Greffe.

2 Background

2.1 The Proceeds of Crime (Supervisory Bodies) (Jersey) Law 2008 (“the Supervisory Bodies Law”) provides for the Minister to designate by Order supervisory bodies to oversee certain professions for the purposes of countering money-laundering and the financing of terrorism,

2.2 In September 2008, the Minister made the Proceeds of Crime (Supervisory Bodies) (Designation of Supervisory Bodies) (Jersey) Order 2008 (“the Designation Order”) designating the Jersey Financial Services Commission (“the Commission”) as the supervisory body for certain professions, including lawyers and accountants.

2.3 At the request of the legal and accountancy professions, a “sunset” clause of 18 months was included in the Designation Order in relation to the Commission’s designation in respect of those two professions. This was to give those professions an opportunity to further explore the possible appointment of an alternative supervisory body. The initial sunset clause expired on 19 March 2010, to be replaced by the current 18 month sunset clause, which will expire on 19 September 2011.

2.4 The Commission recently consulted with the legal and accountancy professions’ representative bodies (namely, the Jersey Law Society, the Association of English Solicitors practising in Jersey and the Jersey Society of Chartered and Certified Accountants) with regard to the Commission’s designation being extended for a further 18 month period. None of those bodies object to the proposed extension.

2.5 The draft Order will extend the Commission’s designation in respect of the legal and accountancy professions for a further 18 months, until 19 March 2013.

2.6 The Board of the Commission has recommended that the Minister makes the draft Order.

2.7 There are no manpower implications for the States. The financial costs will be incurred by the Jersey Financial Services Commission's Anti-money Laundering Unit, whose total operating costs are forecast to be £585,800 per annum. However it has been agreed that the costs of the AML Unit will be split between the Economic Development Department (42.5%) and industry (57.5%).

3 Recommendation

3.1 It is recommended that the Minister signs, dates and seals the draft Order and that it is returned to the States Greffe.

DIRECTOR, FINANCE INDUSTRY DEVELOPMENT

22 July 2010