Public Finances (Amendment of Law No. 3) (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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 18 May 2015:

Decision Reference: MD-TR-2015-0058
Decision Summary Title:	Public Finances (Amendment of Law No. 3)(Jersey) Regulations 201-		Date of Decision Summary:	7 May 2015
Decision Summary Author:	Regulatory Adviser		Decision Summary: Public or Exempt?	Public
Type of Report: Oral or Written?	Written		Person Giving Oral Report:	N/A
Written Report Title:	Covering Report for Public Finances (Amendment of Law No. 3)(Jersey) Regulations 201-		Date of Written Report:	7 May 2015
Written Report Author:	Regulatory Adviser		Written Report : Public or Exempt?	Public
Subject: Amending Regulations to the Public Finances (Jersey) Law 2005, which bring into effect the States agreement of P92/2013 Justice Policy and Resources: Responsibility.
Decision(s): The Minister agreed that the draft Regulations should be lodged “au Greffe” as soon as possible.
Reason(s) for decision: The Amendment to the Public Finances (Jersey) Law 2005 is necessary in order to reflect the States agreement of P92/2013 Justice Policy and Resources: Responsibility.
Resource Implications: None.
Action required: The Greffier of the States to be requested to arrange for the draft Regulations to be lodged “au Greffe”.
Signature:		Position: Senator A J H Maclean, Minister for Treasury and Resources
Date Signed:		Date of Decision:

Public Finances (Amendment of Law No. 3) (Jersey) Regulations 201-

Covering Report for (Amendment of Law No.3)(jersey) Regulations 201-

The attached Regulations amend the Public Finances (Jersey) Law 2005 and are a consequence of the States approving that the Chief Minister, as part of the executive branch of government, would have responsibility for justice policy and resources (as agreed under P.92/2013 - Justice Policy and Resources: Responsibility). The Council of Ministers are of the view that this change brings the seniority of the post of Chief Minister to the justice portfolio placing justice policy and resources at the heart of government.

In order to reflect the above change a number of minor amendments are required to the Public Finances (Jersey) Law 2005 (the “Law”).

Currently under the Law the departments affected by this matter are defined as Non-Ministerial States funded bodies. The draft Regulations propose that the existing Non-Ministerial States funded bodies are split into two categories – those which remain unchanged and for which there is no Minister responsible to the States for the body’s administration and funding; and those, detailed below, for which the Chief Minister is to be responsible to the States for the body’s funding (but not administration):

Viscounts Department;
Judicial Greffe;
Law Officers Department;
Probation Department; and
Data Protection Commissioner.

Financial and manpower implications

There are no additional financial and manpower constraints arising from these Regulations.