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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 (26/01/2007) regarding: Delegated powers - amendment to wording (fisheries legislation).

Subject:

Delegated powers – amendment to wording.

Decision Reference:

MD-PE-2007-0002

Exempt clause(s):

n/a

Type of Report:

(oral or written)

n/a

Person Giving Report (if oral):

n/a

Telephone or

e-mail Meeting?

n/a

Report

File ref:

6.1.1

Written report – Title

n/a

Written report – Author

(name and job title)

Mike Smith – Senior Fisheries Inspector

Decision(s):

To correct a clerical error contained in the delegated power schedules related to fisheries legislation included Ministerial Decisions MD-PE-2005-0002 and MD-PE-2006-020, replacing “Article” with “Regulation” or “Part” as appropriate. The changed words appear in italics and are underlined in the following :

At present reads

Should read

Sea Fisheries (Miscellaneous Provisions)(Jersey) Regulations 1998 as amended

§ To decide on applications for exemption from restrictions on Ormers where the applicant wishes to conduct scientific work or transplanting (Article 4)

Sea Fisheries (Miscellaneous Provisions)(Jersey) Regulations 1998 as amended

§ To decide on applications for exemption from restrictions on Ormers where the applicant wishes to conduct scientific work or transplanting (Regulation 4)

Sea Fisheries (Licensing of Fishing boats)(Jersey) Regulations 2003

§ To authorise the issue of licences and permits (Article 2)

Sea Fisheries (Licensing of Fishing boats)(Jersey) Regulations 2003

§ To authorise the issue of licences and permits (Part 2)

Sea Fisheries (Underwater Fishing)(Jersey) Regulations 2003

§ To authorise certain scientific or transplanting activities (Article 2)

§ To authorise the issuing of permits, fishing periods, and the provision of statistics (Article 3)

Sea Fisheries (Underwater Fishing)(Jersey) Regulations 2003

§ To authorise certain scientific or transplanting activities (Regulation 2)

To authorise the issuing of permits, fishing periods, and the provision of statistics (Regulation 3)

Reason(s) for decision:

In this legislation, subordinate to the Sea Fisheries Law, there are no Articles and therefore the delegated powers have no real meaning and the legislation could be challenged in Court. “Article” should be replaced by “Regulation”.

Regarding the Licensing Regulations “Article 2” should be replaced by “Part 2” if the power to issue licences and permits is to be included.

Action required:

The States Greffe is to be notified of the change.

Signature:

(Minister/ Assistant Minister)

Date of Decision:

26 January 2007

Delegated powers - amendment to wording (fisheries legislation).

Extract from Sea fisheries (licensing of fishing boats)(jersey) regulations 2003

PART 2

RESTRICTIONS ON SEA FISHING

2 Fishing in the territorial sea of Jersey: licences, access permits and lists

(1) In the territorial sea, fishing by a British fishing boat is prohibited unless authorized by a fishing boat licence granted by the Minister.

(2) In any part of the Area (except Zone C and Zone D), being a part that is within the territorial sea, fishing by a French fishing boat is prohibited unless authorized by an access permit that has been granted by an authority of the French Republic and is in force in respect of the boat and the part.

(3) In any part of the Area, being a part that is within the territorial sea, fishing by a British fishing boat is prohibited unless authorized by an access permit that has been granted by the Minister and is in force in respect of the boat and the part.

(4) In Zone A or Zone B, fishing by a French fishing boat is prohibited unless the boat is referred to in the lists in force for that Zone under the exchange of notes and the boat is the subject of an access permit that has been granted by an authority of the French Republic and is in force in respect of the boat.

(5) In Zone C or Zone D, fishing by a French fishing boat is prohibited unless the boat is referred to in the lists in force for that Zone under the exchange of notes and the fishing is authorized by an access permit that has been granted by an authority of the French Republic and is in force in respect of the boat and the Zone.

(6) In the part of the territorial sea that is specified in paragraph 9(b) of the exchange of notes (that is, the whelk box), fishing by a French fishing boat is prohibited unless there is an access permit in force in respect of the boat and the boat is fishing only for whelk.

(7) For the avoidance of doubt, it is hereby declared that, for the purposes of this Regulation, if something is not done in accordance with the terms or conditions of a licence or permit it is not authorized by that licence or permit.

3 Fishing by Jersey boats in adjacent waters: licences and access permits

(1) In any part of the Area, being a part that is within the territorial sea of France, fishing by a Jersey fishing boat is prohibited unless authorized by –

(a) a fishing boat licence valid for that part; and

(b) an access permit valid for that part and granted by the Minister.

(2) In Zone E or Zone F, fishing by a Jersey fishing boat is prohibited unless the boat is referred to in the lists in force for that Zone under the exchange of notes and the fishing is authorized by an access permit that has been granted by the Minister and is in force in respect of the boat and the Zone.

(3) For the avoidance of doubt, it is hereby declared that, for the purposes of this Regulation, if something is not done in accordance with the terms or conditions of a licence or permit it is not authorized by that licence or permit.

4 Requirement to carry access permit

If an access permit is in force in respect of a boat, the permit shall be carried on the boat –

(a) in the case of a Jersey fishing boat, whenever it is in the Area;

(b) in the case of a French fishing boat, whenever it is in any part of the territorial sea; or

5 Exception

The prohibitions in Regulations 2 and 3 shall not apply in respect of –

(a) fishing by a boat when the fishing is only for the pleasure of persons conveyed on the boat and the boat is used only for the purpose of conveying persons wishing to fish for pleasure;

(b) fishing operations that, under the authority of the Minister, are conducted for the purpose of scientific investigations.