Chief Minister's Department: Delegation of Function

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 5 December 2011:

Decision Reference: MD-C-2011-0146
Decision Summary Title :	Delegation of Function – Authorisation of transactions in connection with Iran Sanctions		Date of Decision Summary:	1st December 2011
Decision Summary Author:	International Relations		Decision Summary: Public or Exempt?	Public
Type of Report: Oral or Written?	Written		Person Giving Oral Report:
Written Report Title :	Delegation of Function – Authorisation of transactions in connection with Iran Sanctions		Date of Written Report:	1st December 2011
Written Report Author:	International Relations		Written Report : Public or Exempt?	Public
Subject: Delegation of function – Authorisation of transactions in connection with Iran Sanctions
Decision(s): The Chief Minister decided: to delegate, in accordance with Article 28 of the States of Jersey Law 2005 and Article 4 of the Community Provisions (Restrictive Measures – Iran) (Jersey) Order 2010, his functions in respect of the authorisation of certain actions in pursuance of Council Regulation (EU) No 961/2010, as amended, on restrictive measures against Iran, as set out in the attached report; to validate all such authorisations that had been given since 18 November 2011 under the previous Chief Minister’s delegation.
Reason(s) for Decision: The government of Jersey has implemented sanctions measures in respect of Iran which are consistent with those of the European Union. In accordance with those measures the Chief Minister is required or permitted to authorise certain actions, subject to the provisions of Regulation 961/2010 as amended and under appropriate terms and conditions. It is expedient in the interests of efficient government to delegate those functions to authorised officials.
Resource Implications: There are no resource implications arising for the States. Where there may be costs involved in any assessment of requests for authorisation, the Chief Minister or delegate may charge a fee for the assessment.
Action required: The Greffier of the States is requested to present the attached report to the States Assembly.
Signature:		Position: Senator I J Gorst, Chief Minister
Date Signed:		Date of Decision (If different from Date Signed):