Taxation (Exchange of Information with Third Countries) (Amendment No. 5) (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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 21 September 2012:

Decision Reference: MD-C-2012-0090
Decision Summary Title :	Taxation (Exchange of Information with Third Countries) (Amendment No. 5) (Jersey) Regulations 201-		Date of Decision Summary:	18th September 2012
Decision Summary Author:	Project and Research Officer		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 :	Adviser – International Affairs		Date of Written Report:	18th September 2012
Written Report Author:	Taxation (Exchange of Information with Third Countries) (Amendment No. 5) (Jersey) Regulations 201-		Written Report : Public or Exempt? (State clauses from Code of Practice booklet)	Public
Subject: Taxation (Exchange of Information with Third Countries) (Amendment No. 5) (Jersey) Regulations 201-:
Decision(s): The Chief Minister agreed to lodge ‘au Greffe’ the Taxation (Exchange of Information with Third Countries) (Amendment No. 5) (Jersey) Regulations 201- for States debate on 6th November 2012.
Reason(s) for Decision: These Regulations would amend the Taxation (Exchange of Information with Third Countries) (Jersey) Regulations 2008 so as to give effect to the bilateral tax information exchange agreement between Austria and Jersey. The Agreement between the Government of Jersey and the Government of the Republic of Austria on the Exchange of Information relating to Tax Matters is due to be debated by the States Assembly on 6th November 2012 (MD-C-2012-0088), and the Chief Minister accordingly wishes to complete the domestic procedures for the Agreement to enter into force.
Resource Implications: There are no resource implications.
Action required: The Greffier of the States is requested to arrange for the Report and Proposition to be lodged ‘au Greffe’ for States debate on 6th November 2012.
Signature:		Position: Senator I.J. Gorst Chief Minister
Date Signed:		Date of Decision (If different from Date Signed)