Law Society of Jersey (Amendment No. 2) Law 201-

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 24 February 2010 regarding: Law Society of Jersey (Amendment No. 2) Law 201-.

Decision Reference: MD-C-2010-0018
Decision Summary Title :	The Law Society of Jersey (Amendment No. 2) Law 201-		Date of Decision Summary:	12th February 2010
Decision Summary Author:	Policy 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 :	The Law Society of Jersey (Amendment No. 2) Law 201-		Date of Written Report:	12th February 2010
Written Report Author:	Policy and Research Officer		Written Report : Public or Exempt? (State clauses from Code of Practice booklet)	Public
Subject: The Law Society of Jersey (Amendment No.2) Law 200-
Decision(s): The Chief Minister approved the report and proposition entitled, ‘Law Society of Jersey (Amendment No.2) Law 201- ‘ and requested that it be lodged ‘au Greffe’ with a view to securing the earliest practicable date for debate.
Reason(s) for Decision: This Amendment is proposed so that the efficiency of the Disciplinary Panel may be increased by increasing the number of Panel members A request was put forward from the President of the Law Society that the Chief Minister consider increasing the number of members that sit on the panel. It has become apparent that the amount of time now required of the Panel Members to sit on Disciplinary Committees has exceeded what was originally anticipated. The Law Society made it clear that the number of Panel members provided for in the 2005 Law is no longer sufficient to enable the Panel to carry out its functions to the best of its ability. The Minister had therefore decided to seek amendment to the Law.
Resource Implications: There are no financial and manpower implications.
Action required: Request the Greffier of the States to ensure that the draft Law is lodged at the earliest opportunity for approval by the States.
Signature:		Position: Senator Terry Le Sueur, Chief Minister
Date Signed: 24 February 2010		Date of Decision (If different from Date Signed):

Law Society of Jersey (Amendment No. 2) Law 201-

EUROPEAN CONVENTION ON HUMAN RIGHTS

The Law Society of Jersey (Amendment No. 2) Law 201-

REPORT

The Law Society of Jersey Law 2005 came into force on the 1st January 2007, and the proposed amendment affects Part 3 of the Law that provides for the procedures to be followed in matters of discipline against members of the Jersey Law Society.

A Disciplinary Panel was first established during 2007. The first disciplinary committees were appointed to hear specific complaints in December 2007, following the approval and formal adoption of procedural Rules. Each committee consists of 3 Panel members, 2 of the members being lay members with the third member being a member of the legal profession. One of the lay members is appointed as Chairman. The lay members are appointments of the States on the recommendation of the Jersey Appointments Commission, with ordinary members of the Law Society being appointed to the Panel by the Law Society in general meeting.

As at the date of lodging of this projet, there were 243 Advocates and 39 Ecrivains (Solicitors) of the Royal Court.

In 2008, a total of 8 complaints were heard.

Most cases were heard within a single day but the preparation time required to determine whether cases had merit became protracted and in some cases added considerably to the time required to be contributed by the members of the committees; both lay members and members of the profession. Whilst this did not generally do anything other than delay the hearings, it did place substantial pressure on the Law Society members of the Panel, who are also relied upon to produce the draft written adjudications. The lay members of the Panel are particularly indebted to the professional members without whose expertise the task of examining evidence and preparing adjudications would be considerably more difficult. Their guidance to lay committee members, both before and during hearings has been invaluable and this has most certainly aided in the efficient dispatch of complaints. The lay members work efficiently and move from one case to the next in order to process complaints within a reasonable time frame.

At the beginning of 2009, 8 complaints awaited hearings, panels having been, or about to be, appointed. Some of these cases were awaiting further information in order to proceed.

In order to add to the efficiency of the process, is recommended that the panel membership be increased, not only to enable more complaints to be dealt with at any one time, but to allow for conflicts of interests or the unavailability of members due to work pressures or personal commitments.

The opportunity is also being taken to allow the Chief Minister by Order to vary these numbers, as the profession grows or other eventualities arise.

There is no change to the balance between lay members and lawyers and this Order-making power would not affect this.

Disciplinary Panel members receive no reward for their services.

Financial and manpower statement

There are no additional financial or manpower implications arising from the adoption of this Law.

[HR Declaration]

Explanatory Note

This Law increases the professional membership, and introduces flexibility in the lay and professional membership, of the disciplinary panel of the Law Society of Jersey.

The number of lay members of the disciplinary panel is currently set at 7. Potential to increase this membership is created by requiring the number to be not less than 7 and more than 15.

The number of members of the disciplinary panel who must be members of the Law Society is currently set at 4. This membership is increased and required to be not less than 7 and not more than 10.

The Committee of the Law Society will determine the exact numbers of lay and professional members, within the ranges specified.

The opportunity is also taken to empower the Chief Minister to amend the numbers of lay and professional members by Order made after consultation with the Committee of the Law Society.

The Law Society of Jersey (Amendment No. 2) Law 201-

A LAW to amend further The Law Society of Jersey Law 2005.

Adopted by the States [date to be inserted]

Sanctioned by Order of Her Majesty in Council [date to be inserted]

Registered by the Royal Court [date to be inserted]

THE STATES, subject to the sanction of Her Most Excellent Majesty in Council, have adopted the following Law –

1 Article 18 of The Law Society of Jersey Law 2005 amended

In Article 18 of The Law Society of Jersey Law 2005 for paragraph (1) there shall be substituted the following paragraphs –

“(1) There shall be a disciplinary panel consisting of –

(a) not less than 7 and not more than 15 fit and proper persons, as lay members of the panel; and

(b) not less than 7 and not more than 10 ordinary members of the Law Society.

(1A) The Chief Minister may by Order, after consultation with the Committee, amend paragraph (1) so as to specify the numbers, or minimum and maximum numbers, of lay persons and ordinary members of the Law Society required to constitute the disciplinary panel.

(1B) Where there is specified in paragraph (1) a minimum and maximum number of lay persons or ordinary members of the Law Society required to constitute the disciplinary panel, the Committee shall determine the exact number of persons of that description required, within the range specified.”.

2 Citation and commencement

This Law may be cited as The Law Society of Jersey (Amendment No. 2) Law 201- and shall come into force 7 days after it is registered.

Page -	Draft – 31 July 2009	*

Statement of compatibility

The Law Society of Jersey (Amendment No.2) Law 201-

____________

In accordance with the provisions of Article 16 of the Human Rights (Jersey) Law 2000, the Chief Minister has made the following statement –

In the view of the Chief Minister the provisions of The Law Society of Jersey (Amendment No.2) Law 201- are compatible with the Convention Rights.

Signed

SENATOR T LE SUEUR, Chief Minister

Dated