Draft Register of Names and Addresses (Jersey) Law 201- (P.38/2011): Amendment

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 21 June 2011 regarding:

Decision Reference: MD-C-2011-0073
Decision Summary Title :	Draft Register of Names and Addresses (Jersey) Law 201-		Date of Decision Summary:	17 June 2011
Decision Summary Author:	Director, Population Office		Decision Summary: Public or Exempt? (State clauses from Code of Practice booklet)	Public
Type of Report: Oral or Written?	Written		Person Giving Oral Report:	N/A
Written Report Title :	Draft Register of Names and Addresses (Jersey) Law 201-		Date of Written Report:	17 June 2011
Written Report Author:	Paul Bradbury Director, Population Office		Written Report : Public or Exempt? (State clauses from Code of Practice booklet)	Public
Subject: Amendment to the Draft Register of Names and Addresses (Jersey) Law 201-
Decision(s): The Assistant Chief Minister, acting on behalf of the Chief Minister, agreed an amendment to the draft Register of Names and Addresses (Jersey) Law 201- and asked that it be lodged au Greffe on 21st June for debate on 5th July, 2011.
Reason(s) for Decision: To increase clarity around the definition of public authority and to provide an ability to change that definition by Regulation.
Resource Implications: There are no resource implications
Action required: To request the Greffier of the States to lodge the Report and Law ‘au Greffe’ on 21st June, 2011.
Signature:		Position: Senator Paul Routier Assistant Chief Minister
Date Signed:		Date of Decision (If different from Date Signed):

Draft Register of Names and Addresses (Jersey) Law 201- (P.38/2011): Amendment

STATES OF JERSEY

draft register of names and addresses (JerseY) Law 201- (P. 38/2011): amendment

Lodged au Greffe on
by the Chief Minister

STATES GREFFE

DRAFT REGISTER OF NAMES AND ADDRESSES (JERSEY) LAW 201- (P.38/2011): AMENDMENT

1 PAGE 13, ARTICLE 1 –

(a) number the existing text as paragraph (1);

(b) for the definition “public authority” substitute the following definition –

“ ‘public authority’ means any of the following –

(a) a Minister;

(b) a parish;”;

“(2) The States may by Regulations amend the definition ‘public authority’ in paragraph (1).”

CHIEF MINISTER

REPORT

This amendment ensures it is clear as to which public authorities may access the Register, and gives the Assembly the ability to amend the definition of a “public authority” should it so wish.

The amendment removes the reference to “department of the States” within the definition of public authority, as this could be taken to include the non-Executive Departments, such as the Judicial Greffe, Viscount’s Department, Law Officers, etc.

Instead, the amendment means that the Law will simply include a Minister and a Parish within the definition of a “public authority”, and by doing this, this includes the administration undertaken on behalf of a Minister and each Parish.

As well as being clear, this amended definition of a “public authority” is consistent with the specified uses of the Register, being to support “public administration and customer service” (in contrast to objectives around public order or the administration of justice, which are properly dealt with in other legislation, and are more commonly the functions of the non-Executive Departments).

At the same time, this amendment also enables a Regulation to be brought to amend the definition of “public authority” (and indeed, the definition of “public administration and customer service” is also capable of being amended by Regulation) to enable the non-Executive departments to bring a Regulation for permission to use the Register in specific circumstances.

Financial and manpower implications

There are no financial and manpower implications of this amendment.

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	P.38/2011 Amd.