States of Jersey Law 2005: Proposed amendments

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 9 June 2017:

MINISTERIAL DECISION REFERENCE: MD-C-2017-0064
DECISION SUMMARY TITLE: Law Drafting – Responding to P.53/2016 (as amended): Machinery of Government
DECISION SUMMARY AUTHOR:	Policy Officer, Community and Constitutional Affairs	IS THE DECISION SUMMARY PUBLIC OR EXEMPT?		Public
REPORT TITLE: Responding to P.53/2016 (as amended): Machinery of Government
REPORT AUTHOR OR NAME OF PERSON GIVING REPORT:	Policy Officer, Community and Constitutional Affairs	IS THE REPORT PUBLIC OR EXEMPT?		Public
DECISION AND REASON FOR THE DECISION: The Chief Minister authorised Officers to liaise with the Law Draftsman to develop draft amendments to the States of Jersey Law 2005 and, where necessary, the Standing Orders of the States of Jersey and other consequential amendments, in order to develop proposed improvements to the machinery of government arising from the consideration of matters identified in P.53/2016 as amended.
RESOURCE IMPLICATIONS: None as a consequence of this Ministerial Decision.
ACTION REQUIRED: Officers to engage with the Law Draftsman.
SIGNATURE:			POSITION: Senator Ian Gorst Chief Minister
DATE SIGNED:			EFFECTIVE DATE OF THE DECISION:

States of Jersey Law 2005: Amendments: Appointment of Assistant Ministers (P.53/2016): Law drafting instructions

Law Drafting Request – Responding to P.53/2016 (as amended): Machinery of Government

Report

On 12th July 2016, the States Assembly approved P.53/2016 as amended (28 votes Pour, no votes Contre and no abstentions). The amended Proposition agreed that the Chief Minister should consider further improvements to the Machinery of Government, including consideration of proposals that:

(i) the Chief Minister must obtain the States’ approval of the appointment of his or her Assistant Minister(s);

(ii) the States’ approval should be obtained for the appointment of Assistant Ministers at the same time as the relevant Minister;

(iii) before dismissing an Assistant Minister, a Minister must obtain the Chief Minister’s consent;

(iv) the roles of Assistant Ministers and the work of those Members undertaking these roles be further enhanced;

(v) the process for allocating portfolios to Ministers and delegated responsibilities to Assistant Ministers be improved.

Informal discussions on potential improvements to the Machinery of Government have been held with the Chairmen’s Committee, Privileges and Procedures Committee, Assistant Ministers and Ministers.

The Chief Minister is now authorising Officers to work with the Law Draftsman in order to develop draft amendments to the States of Jersey Law 2005 and, where necessary, the Standing Orders of the States of Jersey and other consequential amendments. The changes to be drafted will focus on the following areas:

- inclusivity of States Members in decision making and policy review;

- forming a Government;

- transfer of policy responsibilities and associated legal functions and budgets;

- collective responsibility;

- Ministerial re-organisations.

ENDS