Ports of Jersey Limited: Memorandum of Understanding with States 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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 12 October 2015:

Decision Reference: MD-TR-2015-0107
Decision Summary Title:	Ports of Jersey Limited – Memorandum of Understanding		Date of Decision Summary:	5th October 2015
Decision Summary Author:	Head of Shareholder Relations		Decision Summary: Public or Exempt?	Public
Type of Report: Oral or Written?	Written		Person Giving Oral Report:	N/A
Written Report Title:	Ports of Jersey Limited – Memorandum of Understanding		Date of Written Report:	5th October 2015
Written Report Author:	Head of Shareholder Relations		Written Report : Public or Exempt?	Public
Subject: Ports of Jersey Limited – Memorandum of Understanding
Decision(s): The Minister for Treasury and Resources, acting on behalf of the States of Jersey, decided to approve and sign the Memorandum of Understanding with Ports of Jersey Limited.
Reason(s) for decision: The purpose of the Memorandum of Understanding (“MoU”) is to ensure the appropriate conduct of Ports of Jersey Limited and to put in place an accountability framework appropriate to Ports of Jersey Limited as an entity wholly owned by the States of Jersey having regard to its corporate, social and other responsibilities. The MoU aims to foster a sound working relationship between the Minister and Ports of Jersey Limited. This is to be based upon a mutual understanding of expectations for the sharing of information, regular dialogue on key issues as they emerge and, most importantly, the operation of a “no surprises” policy such that the Minister is kept fully informed as to key business decisions (in accordance of this MoU) which have the potential to affect the States’ interests as owner. The MoU was produced with input from the Economic Affairs Scrutiny Panel and points raised by them are reflected therein.
Resource Implications: There are no additional manpower or financial resources required as a result of this decision.
Action required: Head of Shareholder Relations to inform the Group Chief Executive, Ports of Jersey Limited that this decision has been approved and to arrange for the Memorandum of Understanding to be countersigned by the Chairman, Ports of Jersey Limited.
Signature:		Position: Senator A J H Maclean, Minister for Treasury and Resources
Date Signed:		Date of Decision:

Ports of Jersey Limited: Memorandum of Understanding with States of Jersey

Treasury and Resources

Ministerial Decision Report

Ports of Jersey Limited – Memorandum of Understanding

Purpose of Report

The purpose of this report is to provide background information to support the decision of the Minister for Treasury and Resources, acting on behalf of the States of Jersey, to sign the Memorandum of Understanding with Ports of Jersey Limited.

Background

The States of Jersey on 9th October 2012 formally adopted P.70/2012: Incorporation of Ports of Jersey Limited, giving in-principle approval for incorporation of the Ports. The States subsequently approved the Air and Sea Ports (Incorporation) (Jersey) Law 2015 and as a result the Air & Sea Ports (Incorporation) (Jersey) Regulations 2015 were approved by the States in P.80/2015 on 8th September 2015. The Appointed Day Act P.81/2015 was also approved on 8th September 2015.

Ports of Jersey Limited was formally established and started trading on 1st October 2015.

Reason for Decision

The purpose of the Memorandum of Understanding (“MoU”) is to ensure the appropriate conduct of Ports of Jersey Limited and to put in place an accountability framework appropriate to Ports of Jersey Limited as an entity wholly owned by the States of Jersey having regard to its corporate, social and other responsibilities.

The MoU aims to foster a sound working relationship between the Minister and Ports of Jersey Limited. This is to be based upon a mutual understanding of expectations for the sharing of information, regular dialogue on key issues as they emerge and, most importantly, the operation of a “no surprises” policy such that the Minister is kept fully informed as to key business decisions (in accordance of this MoU) which have the potential to affect the States’ interests as owner.

The MoU was produced with input from the Economic Affairs Scrutiny Panel and points raised by them are reflected therein.

Recommendation

The Minister for Treasury and Resources is recommended to approve and sign the MoU with Ports of Jersey Limited.

Resource Implications

There are no manpower of financial resource implications as a result of this decision.

Report author : Head of Shareholder Relations	Document date: 5th October 2015.
Quality Assurance / Review : Head of Decision Support	File name and path:
MD sponsor :	File name and path: