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Information and public services for the Island of Jersey

L'înformâtion et les sèrvices publyis pouor I'Île dé Jèrri

Jersey Public Services Ombudsperson: Law drafting instructions

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 18 October 2022:

Decision Reference:  MD-CM-2022-639

Public

Subject: Law Drafting Instructions - Jersey Public Services Ombudsperson

 

Report Title: Law Drafting Instructions - Jersey Public Services Ombudsperson

Public

Decision(s):

The Chief Minister approved drafting instructions to request new legislation to establish a Public Services Ombudsperson in Jersey.  The Law will create a Jersey Public Services Ombudsperson (JPSO) which will resolve complaints about specified bodies in relation to administrative processes, decisions, omissions, or failure to act, which have resulted in injustice or hardship.  The overall objective in establishing the JPSO is to drive a higher standard of administration by public services.

Reason for Decision(s):

The Chief Minister has committed to establishing a Public Services Ombudsperson in Jersey as part of the 100 Days Plan.

Resource Implications: The resource implications are referred to within the drafting instructions.

 

Action Required: The Chief Minister's Private Office to provide the Legislative Drafting Office with drafting instructions.

Signature:

 

 

Signed By: Deputy Kristina Moore, Chief Minister

Date Signed:

 

 

Date of Decision (If different from Date Signed):

 

 

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