Freedom of Information (Miscellaneous Provisions) (Jersey) Regulations 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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 8 August 2014:

Decision Reference: MD-C-2014-0143
Decision Summary Title :	Draft Freedom of Information (Miscellaneous Provisions) (Jersey) Regulations 201-		Date of Decision Summary:	8th August 2014
Decision Summary Author:	Head of Information Management		Decision Summary: Public or Exempt?	Public
Type of Report: Oral or Written?	Written		Person Giving Oral Report:	N/A
Written Report Title :	Draft Freedom of Information (Miscellaneous Provisions) (Jersey) Regulations 201--		Date of Written Report:	8th August 2014
Written Report Author:	Head of Information Management		Written Report : Public or Exempt?	Public
Subject: Draft Freedom of Information (Miscellaneous Provisions) (Jersey) Regulations 201--
Decision(s): The Chief Minister approved the attached draft Freedom of Information (Miscellaneous Provisions) (Jersey) Regulations 201-- (the “Regulations”) and requested the Head of Information Management to arrange for the Regulations to be lodged ‘au Greffe’ together with the Ministerial Reports on 11th August 2014.
Reason(s) for Decision: It is intended that the Freedom of Information (Jersey) Law 2011 will come into force on 1st January 2015 by an Appointed Day Act. It will be necessary for the Regulations to come into force at the same time as the Law in order for the provisions of the Freedom of Information (Jersey) Law 2011 to work effectively after it is brought into force.
Resource Implications: There are no resource implications.
Action required: Forward the Report to the Publications Editor, States Greffe and request the Greffier of the States to arrange for the Regulations to be lodged on 11th August 2014 for debate by the States.
Signature:		Position: Chief Minister
Date Signed:		Date of Decision (If different from Date Signed):

Freedom of Information (Miscellaneous Provisions) (Jersey) Regulations 201-

Draft Freedom of Information (Miscellaneous Provisions) (Jersey) Regulations 201-

Report

Article 13 of the Freedom of Information (Jersey) Law 2011 (the “Law”), a period of 20 working days has been prescribed as the time within which a scheduled public authority must deal with a request for information. Article 13(2)(b) provides that Regulations may prescribe a different period. These Regulations prescribe such period as is reasonable in all the circumstances of the case not exceeding 65 working days.

Any departure from the 20 working days must therefore be reasonable in all the circumstances. An example would be where a school received a request during the summer holidays when it was closed. A school can be closed for approximately 50 days over the summer recess. Clearly it will not be in a position to respond to the request immediately and therefore, it would be reasonable, in those circumstances to respond to the request at a time when the school is open.

There may be other circumstances where it is reasonable in all the circumstances to respond after the 20 day time period has expired. Rather than prescribe all possible circumstances in Regulations it is perceived that the Regulator is better placed to decide what is reasonable in all the circumstances of the case.

Article 44 of the Law allows Regulations to permit or require the Information Commissioner to issue a Code of Practice.

These Regulations permit the Information Commissioner to issue such a Code of Practice. It also makes provision with respect to consultation and for action taken in response to a breach of the Code.

Financial and manpower implications

There are no financial or manpower implications.

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