Restriction on Smoking (Amendment No. 4) (Jersey) Law 201- (P.103/2014)

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 28 May 2014:

Decision Reference: MD-HSS-2014-0018
Decision Summary Title :	Restriction of smoking in motor vehicles carrying children under the age of 18yrs		Date of Decision Summary:	19 May 2014
Decision Summary Author:	Head of Health Improvement		Decision Summary: Public or Exempt?	Public
Type of Report: Oral or Written?	Written		Person Giving Oral Report:
Written Report Title :	Restriction on Smoking (Amendment No. 4) (Jersey) Law 201-		Date of Written Report:	May 2014
Written Report Author:	Medical Officer of Health		Written Report : Public or Exempt? (State clauses from Code of Practice booklet)	Public
Subject: Restriction of smoking in motor vehicles carrying children under 18yrs.
Decision(s): In February 2014 the Health and Social Services Department released a report on the 2013 consultation ‘protecting children from second-hand smoke’ concluding a high level of support from the public for banning smoking in cars carrying children. Subsequently the Council of Ministers have supported the Minister for Health and Social Services to proceed directly to drafting an amendment to the Restriction of Smoking (Jersey) Law 1974 to enable the drafting of future regulations allowing the restriction of smoking in motor vehicles carrying children under 18 years. The Minister approved the lodging of the Restriction on Smoking (Amendment No.4) (Jersey) Law 201- to enable the drafting of future Regulations to prevent smoking in motor vehicles carrying children under the age of 18yrs.
Reason(s) for Decision: The States of Jersey Tobacco Control Strategy (2010 - 2015) aims to protect families and communities from the harms of tobacco. Restricting smoking in motor vehicles carrying under 18 year olds is an essential step in protecting children from the known harms of second-hand smoke.
Resource Implications: None
Action required: To request the Greffier of the States to arrange for the Restriction on Smoking (Amendment No.4) (Jersey) Law 201- to be lodged “au Greffe” for debate by the States Assembly.
Signature:		Position: Minister for Health and Social Services
Date Signed:		Date of Decision (If different from Date Signed):