Government of Jersey

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 (20.02.06) to delegate the authority to sign leases.

Subject:	Delegation of Powers
Decision Reference:	MD-PH-2006-0013	Exempt clause(s):
Type of Report: (oral or written)	Written	Person Giving Report (if oral):		N/A
Telephone or e-mail Meeting?	N/A	Report File ref:
Written Report – Title	Execution of leases	Written report - author		Eric Le Ruez
Decision(s): In accordance with Article 28 of the States of Jersey Law the Treasury and Resources Minister delegates to the Assistant Minister the power to sign, on behalf of the public of the island of Jersey, any lease for a term of less than 9 years; and to the Director, Property Holdings, and in his absence the Assistant Director, the power to sign, on behalf of the public of the Island of Jersey, any lease with a value not exceeding £50,000 per annum and for a term of less than 9 years.
Reason(s) for decision: The Assistant Minister, by decision of the Minister dated 22nd December 2005, has been granted the power to grant or accept leases for any value and for any period of time. The Director, and in his absence the Assistant Director, Property Holdings have, by decision of the Minister dated 22nd December 2005, been granted the power to grant or accept leases on behalf of the public up to a value of no more than £50,000 per annum. This decision now permits the Assistant Minister to execute any lease of up to 9 years. By the same decision the officers are authorised to execute leases where they are for terms of less than 9 years and valued at less than £50,000 per annum.
Action required: Director of Property Holdings to notify Greffier of the States of this decision.
Signature: Minister Senator Terry Le Sueur			Date of Decision: 20 February 2006

Property Holdings - delegation of powers to sign leases

Execution of Leases

The Solicitor General has confirmed, by letter dated 30th January 2006, that contracts for leases for a term in excess of 9 years should be passed by the Attorney General and the Greffier of the States. In practice this means that the Minister for Treasury and Resources will authorise the passing of the necessary contract by the Attorney General and Greffier when approving the lease.

For leases of 9 years or less (paper leases) the Solicitor General has also confirmed that no contract passed before Court is necessary and that the Minister for Treasury and Resources (or his delegate) may sign such leases.

Article 26 of the States of Jersey Law 2005 provides that a minister is a corporation sole having the power to enter into agreements for the purpose of his office (paragraph (1) (c) (i) and to do anything necessary or expedient for or incidental to any of the matters referred to in any of the foregoing clauses ( paragraph (1) (c) (iii) ). Entering into leases on behalf of the public of Jersey is by virtue of S.O.168 a purpose of the Minister for Treasury and Resources. Therefore a paper lease may be signed by the Minister or his delegate under Article 26 (1) ( c) (iii).

Currently, under delegated powers granted by the Minister on 22nd December 2005,

the Assistant Minister has all powers and responsibilities arising from S.O.168, including to grant or accept leases on behalf of the public to any value and for any period of time. The Director, Property Holdings, and Assistant Director, have been delegated the power to grant or accept leases with a value of less than £50,000 a year and any time period.

It is recommended that the Assistant Minister is granted delegated power to sign leases for less than nine years (paper leases) and of any value, and that the Director and Assistant Director, Property Holdings, are granted delegated power to sign paper leases with a value of less than £50,000 a year.

ELR/ 15th February 2006