Draft Price and Charge Indicators (Jersey) Law 200-

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 (04/06/2007) regarding: Draft Price and Charge Indicators (Jersey) Law 200-.

Subject:	Draft Price and Charge Indicators (Jersey) Law 200-
Decision Reference:	MD-E-2007-0111		Exempt clause(s):
Type of Report: (oral or written)	Written		Person Giving Report (if oral):
Telephone or e-mail Meeting?	n/a		Report File ref:
Written report – Title	Draft Price and Charge Indicators (Jersey) Law 200-
Written report – Author (name and job title)	Trevor Le Roux – Director, Consumer Affairs
Decision(s): The Minister approves the Draft Price and Charge Indicators (Jersey) Law 200- and requests that it be lodged at the States sitting on 5th June 2007.
Reason(s) for decision: The Draft Price and Charge Indicators (Jersey) Law 200- is a short enabling Law. It will require the States to fully debate the somewhat controversial issue of price marking of goods subsequent to the introduction of Goods and Services Tax. It will also enable the Minister to meet a promise made to the States to lodge the Draft in time to ensure that the matter is debated prior to the summer recess.
Action required: Trevor Le Roux to send the required report and signed human rights declaration to the States Greffe to enable the draft to be processed.
Signature: Senator P.F.C.Ozouf (Minister)		Date of Decision: 4 June 2007

Draft Price and Charge Indicators (Jersey) Law 200-

Minister for Economic Development

Draft Prices and Charges ( Jersey ) Law 200-

Report

The Minister for Economic Development has responsibility for consumer protection legislative policy in the Island. The proposed introduction of a Goods and Services Tax (GST) in 2008 will result in a tax element to the retail prices charged to consumers for those goods and services. The question of how GST will be charged and indicated to consumers was considered by the States on 18th April 2007 during the debate on the GST Law.

There was some concern that what is actually a consumer protection issue, was in danger of clouding the general principles behind the need to introduce the GST Law.

At that sitting the Minister promised to attempt to bring to the States before the summer recess a Law which focuses only on the price marking issue. The draft Prices and Charges (Jersey) Law achieves that objective.

The main provision is that price indications should be inclusive of any goods and services tax which would be charged on a retail supply. However, the draft Law provides for the States to make Regulations that would deal with many aspects of price displays to consumers. If this enabling Law is passed by the States then there will be a presumption in favour of inclusive pricing. The Minister will then propose Regulations with the detail and any possible exceptions. In the longer term it is envisaged that additional Regulations would be proposed for the introduction of the further consumer protection measures of inclusive unit pricing.

This would ensure that Jersey follows consumer protection provisions in existence throughout Europe and many other places in the world.

There are no financial or manpower implications for the States arising from the adoption of this Draft Law. (The additional work will be undertaken within Economic Development’s existing resources)

Trevor Le Roux

Director Consumer Affairs

01 June 2007