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The Law Society of Jersey (Amendment No. 3) Law 201-

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 8 July 2011 regarding:

Decision Reference: MD-C-2011-0085

Decision Summary Title :

The Law Society of Jersey (Amendment No. 3) Law 201-.

Date of Decision Summary:

6th July 2011  

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 :

The Law Society of Jersey (Amendment No. 3) Law 201-.

Date of Written Report:

6th July 2011

Written Report Author:

Project and Research Officer

Written Report :

Public or Exempt?

(State clauses from Code of Practice booklet)

Public

Subject: The Law Society of Jersey (Amendment No. 3) Law 201-.

Decision(s):  The Chief Minister agreed to lodge ‘au Greffe’ The Law Society of Jersey (Amendment No. 3) Law 201-.

Reason(s) for Decision: The Chief Minister wishes to amend The Law Society of Jersey Law 2005 in order to allow members of the Society’s disciplinary panel to be eligible for re-appointment.

Under the existing Law members of the disciplinary panel are not eligible for re-appointment after their term of 5 years has expired. As a result, the Law Society stands to lose the majority of its members when their terms expire in 2012.

This is a situation the Law Society wishes to avoid, particularly because it does not allow for any overlap in the make-up of the panel. Members of the panel have already signalled their willingness to carry on, and it would be desirable for their knowledge and experience to be put to further use.

The Chief Minister has consequently brought forward this amendment to allow those members who wish to be re-appointed to have the opportunity to continue in their roles.

Resource Implications: There are no resource implications.  

Action required: The Greffier of the States is requested to arrange for the draft Amendment to be lodged ‘au Greffe’ for consideration by the States at the earliest opportunity.

Signature:

 

 

Position:

 

Senator T.A. Le Sueur

Chief Minister

Date Signed:

Date of Decision (If different from Date Signed):

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