Justice Policy and Resources: Responsibility

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 on 2 August 2013:

Decision Reference: MD-C-2013-0083
Decision Summary Title :	Proposition and Report in response to P.120/2012		Date of Decision Summary:	30th July 2013
Decision Summary Author:	Project & Research Officer		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 :	Proposition and Report in response to P.120/2012		Date of Written Report:	30th July 2013
Written Report Author:	Director, International Affairs		Written Report : Public or Exempt? (State clauses from Code of Practice booklet)	Public
Subject: Proposition and Report in response to P.120/2012
Decision(s): The Chief Minister agreed to lodge ‘au Greffe’ the proposition and report in response to P.120/2012 for debate by the States at the earliest opportunity
Reason(s) for Decision: On 19th February 2013 the States Assembly decided unanimously in favour of Senator L.J. Farnham’s proposition P.120/2012 which requested that the Chief Minister ‘investigate the possibility of establishing a means of appropriate Ministerial oversight of the justice system such as a new Ministerial office of Minister for Justice in Jersey with an associated Department of Justice and, in consultation with the Council of Ministers, to report to the States with recommendations or proposals no later than 31st July 2013.’ Following consultation with the Council of Ministers on 10th July 2013 the Chief Minister decided that clarification should be proposed to the States Assembly that, within the executive branch of government, the Chief Minister is responsible for justice policy and resources, as detailed in the accompanying report.
Resource Implications: There will be a need to provide sufficient officer support to the Chief Minister to ensure that the public interest in the advancement of justice is not compromised. Given the relatively modest level of resources required, and the need to operate within the limits set within the Medium Term Financial Plan (MTFP), the Chief Ministers’ Department will seek to put in place the required resources from within existing limits.
Action required: The Greffier of the States to be requested to lodge ‘au Greffe’ the draft proposition and report in response to P.120/2012 for debate by the States at the earliest opportunity.
Signature:		Position: Chief Minister
Date Signed:		Date of Decision (If different from Date Signed):