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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 (10/04/2006) regarding Planning and Building Law 2002 - Proposed Amendment.

Subject:	Planning and Building Law 2002. Proposed Amendment
Decision Reference:	MD-PE-2006-0042	Exempt clause(s):		n/a
Type of Report (oral or written):	Oral	Person Giving Report (if oral):		Peter Thorne Director of Planning
Telephone or e-mail Meeting?		Report File ref:		3/09
Written Report Title:		Written report – Author:
Decision(s The Minister agreed that instructions be given to the Law Draftsman to amend the Planning and Building Law 2002, to:- 1. To introduce an 8-year time limit for enforcement or prosecution under the enforcement provisions of the Law (Part 5). 2. Increase the number of members that can sit on the Planning Applications Panel (Article 9B 2(b)) 3. Make provision for owners of land or buildings to be made aware of any applications relating to their land or building (Article 9 (2)) 4. Make provision to allow members of the Planning Applications Panel to nominate one of its members to chair the meeting in the absence of the Assistant Minister – should this need to be explicit in the Law
Reason(s) for decision: The decision to enable a member of the applications panel to chair the meeting in the absence of the Assistant Minister was taken in order to allow meetings to go ahead in situations where the absence of the Assistant Minister is unavoidable or he/she may have a conflict of interest on a particular application.
Action required: The Law Draftsman be instructed to produce the Draft Amendment to the Law.
Signature: (Minister)			Date of Decision: 10 April 2006