Delegation of Functions

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 10 May 2012:

Decision Reference: MD-C-2012-0048
Decision Summary Title :	Delegation of Functions: Legislation Advisory Panel – Law Drafting Instructions		Date of Decision Summary:	8th May 2012
Decision Summary Author:	Project and 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 :	Delegation of Functions: Legislation Advisory Panel – Law Drafting Instructions		Date of Written Report:	8th May 2012
Written Report Author:	Project and Research Officer		Written Report : Public or Exempt? (State clauses from Code of Practice booklet)	Public
Subject: Delegation of Functions -
Decision(s): The Chief Minister, in pursuance of Article 28(1)(a) of the States of Jersey Law 2005, agreed to delegate to his Assistant Minister, Senator Sir P.M. Bailhache, authority to instruct the Law Draftsman to prepare draft legislation when necessary for matters that fall under the responsibility of the Legislation Advisory Panel.
Reason(s) for Decision: The Legislation Advisory Panel was established in 2006 to advise the Chief Minister on matters relating to the following areas of legislation: courts and courts procedures divorce, separation and maintenance probate, intestacy, wills and succession laws relating to property amendments to customary law miscellaneous items of legislation – Law of Tutelles etc. The Chief Minister is accountable for the work of the Panel and, as such, all of its recommendations are brought to the Chief Minister for his approval before being lodged for States debate. Having appointed his Assistant Minister, Senator Sir. P.M. Bailhache, as Chairman of the Legislation Advisory Panel in December 2011 (MD-C-2011-0142), the Chief Minister wishes to ensure that the Advisory Panel is able to undertake its work efficiently. The Chief Minister has therefore agreed to delegate the Chairman authority in order to enable him to instruct the Law Draftsman to prepare draft legislation when necessary for matters considered and approved by the Legislation Advisory Panel. The Chief Minister is informed regularly about the legislative matters under consideration by the Advisory Panel and will remain responsible for lodging ‘au Greffe’ any items it wishes to take forward.
Resource Implications: There are no resource implications.
Action required: The Greffier of the States is asked to present the report to the States Assembly Project and Research Officer to advise the Chairman and Law Draftsman when the decision has been agreed
Signature:		Position: Senator I.J. Gorst Chief Minister
Date Signed:		Date of Decision (If different from Date Signed):