States of Jersey (Transfer of Functions No. 8) (Miscellaneous Transfers) (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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 1 May 2015:

Ministerial decision reference MD-C-2015-0041
Decision summary title Draft States of Jersey (Transfer of Functions No. 7) (Miscellaneous Transfers) (Jersey) Regulations 201-
Decision summary author	Head of Constitutional Affairs, Chief Minister’s Department	Is the decision summary public or exempt?		Public
Report title Draft States of Jersey (Transfer of Functions No. 7) (Miscellaneous Transfers) (Jersey) Regulations 201-
Report author or name of person giving report	Head of Constitutional Affairs, Chief Minister’s Department	Is the report public or exempt?		Public
Decision and reason for the decision The Chief Minister approved the draft States of Jersey (Transfer of Functions No. 7) (Miscellaneous Transfers) (Jersey) Regulations 201- (the “Draft Regulations”) for lodging and directed that the documents should be lodged au Greffe for debate by the States Assembly at the earliest opportunity. On 17th November 2014 the Chief Minister lodged R.160/2014 in which he indicated his intention to lodge draft Regulations for the approval of the States Assembly which would propose the transfer of certain functions between some existing ministerial portfolios and the creation of a new ministerial office. These draft Regulations would, if enacted, put in place certain of those transfers. These draft Regulations would, if enacted: a) Amend the description of the following Ministers in order to reflect the transfer of functions: the Minister for Economic Development would become the Minister for Economic Development, Tourism, Sport and Culture; the Minister for Education, Sport and Culture would become the Minister for Education; the Minister for Planning and Environment would become the Minister for the Environment; and the Minister for Transport and Technical Services would become the Minister for Infrastructure. b) Transfer functions in respect of fisheries and other aquatic resources from the Minister for Economic Development, Tourism, Sport and Culture to the Minister for the Environment. This would enable the Minister for the Environment to take the lead on the marine environment and sea fisheries. c) Transfer functions in respect of the following to the Chief Minister from the Minister for Economic Development, Tourism, Sport and Culture: the digital sector of the economy (including the grant to Digital Jersey Limited); communications and broadcasting; competition; intellectual property; the Jersey Innovation Fund and the grant to Jersey Finance Limited. d) Transfer functions in respect of sport and culture from the Minister for Education to the Minister for Economic Development, Tourism, Sport and Culture. This would enable the Minister for Education to focus on improvements in educational and vocational standards and in equipping the local workforce with the skills that they need. It would further enable the Minister for Economic Development, Tourism, Sport and Culture to attract new visitors and business and to encourage more participation in our community. e) Transfer functions in respect of Jersey Property Holdings from the Minister for Treasury and Resources to the Minister for Infrastructure. This would allow the Minister for Infrastructure to take advantage of common areas of operation across this portfolio in order to bring about improvements to the infrastructure of the Island. f) Ensure that all previous acts of the Ministers would continue to be valid and binding as appropriate. Article 29 of the States of Jersey Law 2005 provides: (2) The States may by Regulations – (a) establish and abolish Ministers; (b) determine the name by which any Minister shall be described; (c) confer functions upon a Minister; (d) transfer all or any of the functions exercisable by one Minister to another Minister; and (e) direct that the functions exercisable by any Minister shall be or shall cease to be exercisable concurrently with another Minister. (3) Regulations made under paragraph (2) may contain such incidental, consequential, supplemental and transitional provisions as may be necessary or expedient for the purpose of giving full effect to the Regulations, including provisions – (a) for the transfer of any movable property held, any rights enjoyed and any liabilities (whether civil or criminal) incurred by the Minister in connection with any function transferred, including any such rights and liabilities in respect of which, at the time of transfer, no claim has been made or no proceedings have been commenced; (b) for the carrying on and completion by or under the authority of the Minister to whom functions are transferred of anything commenced, before the Regulations have effect, by or under authority of the Minister from whom the functions are transferred; (c) for the amendment of enactments relating to any functions transferred or to any Minister who is established, abolished or renamed; (d) for the construction of enactments of the United Kingdom having effect in Jersey relating to any functions transferred or to any Minister who is established, abolished or renamed; (e) for the construction and adaptation of any instrument, contract or legal proceedings made or commenced before the Regulations have effect; (f) where such Regulations establish or abolish Ministers, for the amendment of Article 18(1) so as to increase or decrease the number of Ministers there mentioned; and (g) where such Regulations establish or abolish Ministers or determine the name by which any Minister shall be described, for the consequential amendment of standing orders. (4) Only the Chief Minister may lodge draft Regulations to be made under paragraph (2). (5) In this Article, “Minister” includes the Chief Minister.
Resource implications There are no resource implications involved other than departmental budget and staffing transfers.
Action required That the Greffier of the States be requested to arrange for the draft States of Jersey (Transfer of Functions No. 7) (Miscellaneous Transfers) (Jersey) Regulations 201- be lodged au Greffe for debate by the States Assembly at the earliest opportunity.
Signature			Position Senator I J Gorst Chief Minister

Date signed			Effective date of the decision