Ship and Port Security.

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 (21/09/2007) regarding: Ship and Port Security.

Decision Reference:	MD-E-2007-0178		Exempt clause(s):	None
Type of Report: (oral or written)	written		Person Giving Report (if oral):	n/a
Telephone or e-mail Meeting?	e-mail		Report File ref:	LL\ED\Reg\Mar\SOLAS (ISPS)
Written report – Title	Community Provisions (Ship and Port Facility - Security) (Jersey) Regulations 200-
Written report – Author (name and job title)	Piers Baker – Maritime Compliance Manager
Decision(s): The Minister approved the attached draft Regulations and requested that they be lodged ‘au Greffe’, for debate in the States Assembly at the earliest opportunity.
Reason(s) for decision: The Law Draftsman has prepared the draft amendment in accordance with the Ministerial Decision of the Assistant Minister made 25 September 2006. In due course, other changes may be needed concerning electronic communications. However, it is advisable not to delay this small change any longer.
Action required: Following the Ministerial Decision, the Maritime Compliance Manager will forward the report to accompany the Projet to the Publications Editor and request that the Regulations be lodged for debate. There are no new Financial, Manpower, Property, ICT or Law Drafting issues arising.
Signature: Senator P.C.F.Ozouf (Minister)		Date of Decision:

Ship and Port Security.

Economic Development Department

The Community Provisions (Ship and Port Facility – Security) (Jersey) Regulations 2004.

The Issue

A small change (detailed below) has been made to certain UK legislation. A similar change has now been drafted to amend Jersey’s comparable legislation.

Background

The Regulations came into force in July 2004 and follow on directly from changes to the Safety of Life at Sea Convention which were made as a result of the terrorist attacks in the USA on 11 September 2001. They form a vital part of the legislation used to manage not only security at Island ports but also for ships at sea in Jersey waters.

The United Kingdom’s Parliamentary Joint Committee on Statutory Instruments made a recommendation in its 25th Report that certain errors needed correcting in the UK’s equivalent legislation. These changes have now been via the Ship and Port Facility (Security) (Amendment) Regulations 2005 (SI 2005 No. 1434). It is the advice of the Law Officers that one of these changes, concerning the reasoning where a person may wish to object to an enforcement notice, should also be made to the Jersey Regulations.

As a result, a Ministerial Decision was taken in September 2006 to ask the Law Draftsman to prepare amending Regulations.

Other amendments may in time also be necessary to cover electronic communications. However, the Law Officers’ advice is not yet available on that matter.

Detail of the Change

The current legislation states:

20 Objections to enforcement notices

(1) ……….

(2) The grounds of objection to an enforcement notice are –

(a) ……………..

(b) that the steps required by the notice to be taken do not constitute a failure to comply with the requirements as specified in Regulation 17;

The amendment redrafts Regulation 20(2) to be more readable and less capable of being misconstrued, as follows:

20 Objections to enforcement notices

(1) …….

(2) The grounds of objection to an enforcement notice are –

(a) ……………..

(b) that the matters stated in the enforcement notice in accordance with Regulation 18(1) do not constitute a failure to comply with the requirements specified in Regulation 17;

Recommendation

The Minister is asked to approve the lodging of the attached draft Regulations au Greffe, for the amendment to be debated in the States.

PGH Baker

Maritime Compliance Manager

17 Aug 2007