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Debt Relief Legislation: Approval to prepare law-drafting instructions

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 30 January 2012:

Decision Reference: MD-C-2012-0011

Decision Summary Title :

Approval for the commencement of law drafting instructions for debt relief legislation

Date of Decision Summary:

19th January 2012

Decision Summary Author:

 

International Affairs

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 :

Approval for commencement of law drafting instructions for debt relief legislation

Date of Written Report:

19th January 2012

Written Report Author:

International Affairs

Written Report :

Public or Exempt?

(State clauses from Code of Practice booklet)

Public

Subject: Approval for commencement of law drafting instructions for debt relief legislation

Decision(s):  The Chief Minister instructed officials to prepare law-drafting instructions for legislation to limit practices that could undermine international debt relief efforts.

Reason(s) for Decision:
The objective of this legislation will be to limit practices that could undermine international debt relief efforts. Jersey has a responsibility to play its part in the global effort, expressed in the UN Millennium Declaration, to support debt relief efforts intended to assist the world’s most heavily indebted poor countries. The adoption of such legislation is important for the Island’s international reputation as a responsible jurisdiction conscious of its role as an international finance centre and the contribution it makes to the well-being of the world’s developing and most heavily indebted poor countries.

 

The maintenance of the Island’s international reputation in matters of law and commerce will be a key consideration in the preparation of law drafting instructions, prescribing legislation that strikes the correct and necessary balance between the support for international debt relief efforts and the upholding of sanctity of contract law and compliance with our human rights commitments.

 

Article 18(3)(b) of The States of Jersey Law (2005) lists as a function of the Chief Minister “conducting external relations in accordance with the common policy agreed by the Council of Ministers”. The States of Jersey Strategic Plan 2009-2014 includes a commitment to “Strengthen international relationships, supported by legislation regulation and international agreements, in order to enhance recognition as a responsible jurisdiction committed to international standards”. In accordance with this existing common policy the Chief Minister instructs officials to prepare law drafting instructions for debt relief legislation.

 

Law drafting instructions should be completed by the end of quarter two in 2012.

Resource Implications: There are no financial or manpower implications.

Action required: Director of International Affairs to notify the Law Draftsman of the decision in order that drafting instructions can be prepared and submitted by the end of the quarter two 2012.

Signature:

 

 

Position:

 

Senator I.J. Gorst

Chief Minister

Date Signed:

Date of Decision (If different from Date Signed):

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