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there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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

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

Jersey Crest

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

REPORT

The Law Society of Jersey Law 2005 came into force on the 1st January 2007, its role to provide for the administration and disciplinary control of advocates and solicitors of the Royal Court.

Article 18 of the law makes provision for the Law Society to have a disciplinary panel, consisting of seven lay members and seven ordinary members of the Law Society. Currently, under Article 19 of the Law, a person appointed to the disciplinary panel holds office for a term of 5 years and is not eligible for re-appointment.

This amendment makes provision for members to be eligible for re-appointment.

To put the proposed amendment in context, a costs order was recently made against the Law Society as a result of a disciplinary hearing that was appealed successfully. A decision was subsequently taken by the Society that the Law, and particularly the disciplinary process created under the Law, required a detailed review. Significant reforms are likely to arise from this review given the shortfalls in the process the led to the cost order being made.

The Law Society is progressing well with the review, but in the meantime the Society is concerned that the Law, as currently drafted, is unnecessarily rigid and damaging to its work.

Currently 6 of the 7 lay members are due to retire in May 2012 and 4 of the 6 ordinary members are due to retire in March 2012. This means that the Society stands loose the majority of its members within the space of a few months, as re-appointment is not currently an option under the Law.

Such an amendment to allow for the re-appointment of members, as proposed, is therefore desirable for a number of reasons.

1. The disciplinary process is likely to change dramatically following the review, and it would be preferable for the panel to remain the same until the changes are introduced. If not, new members would have to learn two different processes in fairly quick succession.

2. The existing disciplinary panel, while it will have been in office for 5 years in accordance with the Law, has not been active continuously for that period of time, and there is a desire among members to give further active service to the panel. It has particularly been a significant learning curve for the existing lay members, and they have now built up knowledge and experience which could be put to further use within the disciplinary process.

3. It is hoped that a feature of any amended disciplinary process would be a staggered retirement of the panel, so that there is an overlap between new and experienced members in order for knowledge to be handed down, rather than having, in effect, to start again every 5 years

The chief Minister has consequently brought forward this amendment to the Law to allow those prepared to remain on the panel to stay for a further period of time. Members have indicated that they would be prepared to remain on the panel for a further term.

Financial and manpower implications

There are no financial or manpower implications arising from this amendment.

European Convention on Human Rights

In the view of the Chief Minister the provisions of the Law Society of Jersey (Amendment No. 3) Law 201- are compatible with the Convention Rights.

Explanatory Note

Article 18 of The Law Society of Jersey Law 2005 makes provision for the existence of the disciplinary panel of the Law Society of Jersey. Under Article 19 of that Law a person appointed a member of the disciplinary panel shall hold office for a term of 5 years and currently, under Article 19(2), a member is not eligible for re-appointment to the panel. This Law amends Article 19(2) so that a member of the disciplinary panel is now eligible for re-appointment to the panel.

◊	Draft 1 – 13th June 2011	Page - 1
	File no. 2/9

Jersey Crest

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

A LAW to amend further The Law Society of Jersey Law 2005

Adopted by the States [date to be inserted]

Sanctioned by Order of Her Majesty in Council [date to be inserted]

Registered by the Royal Court [date to be inserted]

THE STATES, subject to the sanction of Her Most Excellent Majesty in Council, have adopted the following Law –

1 Article 19 of The Law Society of Jersey Law amended

In Article 19 of The Law Society of Jersey Law 2005 for paragraph (2) there shall be substituted the following paragraph –

“(2) The member shall be eligible for re-appointment.”.

2 Citation and Commencement

This Law may be cited as The Law Society of Jersey (Amendment No. 3) Law 201- and shall come into force 7 days after it is registered.