Customs and Excise (Amendment No. 7) (Jersey) Law 201-

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 9 July 2013:

Decision Reference: MD-HA-2013-0041
Decision Summary Title :	Customs and Excise (Amendment No.7) (Jersey) Law 201-		Date of Decision Summary:	19 June 2013
Decision Summary Author:	Executive Officer Home Affairs		Decision Summary: Public or Exempt? (State clauses from Code of Practice booklet)	Public
Type of Report: Oral or Written?	Written		Person Giving Oral Report:	n/a
Written Report Title :	Customs and Excise (Amendment No.7) (Jersey) Law 201-		Date of Written Report:	19 June 2013
Written Report Author:	Executive Officer Home Affairs		Written Report : Public or Exempt? (State clauses from Code of Practice booklet)	Public
Subject: Customs and Excise (Amendment No.7) (Jersey) Law 201-
Decision(s): The Minister approved the Customs and Excise (Amendment No.7) (Jersey) Law 201- and the accompanying report, and requested that arrangements be made for it to be lodged ‘au Greffe’ for consideration by the States in due course.
Reason(s) for Decision: The Customs and Excise (Amendment No.7) (Jersey) Law 201- makes a number of amendments to the Customs and Excise (Jersey) Law 1999. It removes references to the Jurats in Articles 37C and 53 where a decision has to be made on whether or not to search a person, because superior officers from the Jersey Customs and Immigration Service are always available, so recourse to a Jurat is not needed. It also amends Article 65 to give the Agent of the Impôts the ability to levy a penalty in respect of an offence relating to excise duties, rather than referring the matter to prosecution.
Resource Implications: None.
Action required: The Executive Officer, Home Affairs, to request the Greffier of the States to arrange for the draft Law to be lodged ‘au Greffe’ for consideration by the States in due course.
Signature:		Position: Minister for Home Affairs
Date Signed:		Date of Decision (If different from Date Signed):