Government of Jersey

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 15 February 2018:

Ministerial decision reference MD-C-2018-0028
Decision summary title Appointment of Acting Information Commissioner
Decision summary author	Director of Digital and Telecoms Policy	Is the decision summary public or exempt?		Public
Report title Appointment of Acting Information Commissioner
Report author or name of person giving report	Director of Digital and Telecoms Policy	Is the report public or exempt?		Public
Decision and reason for the decision The Assistant Chief Minister approved a report notifying the States Assembly of the appointment of Mr Paul Vane as Acting Information Commissioner. Article 6 of the Data Protection (Jersey) Law 2005, provides that the States Assembly shall appoint a person to the office of the Data Protection Commissioner, and shall take all reasonable steps to ensure the position is filled at all times. Mr Vane was appointed as vice-Data Protection Commissioners to act in any absence of the Commissioner, in December 2015. The last date in office of the previous incumbent, Mrs Emma Martins, was 31st January 2018. This interim appointment is intended to last until such time a new office holder is appointed through a recruitment process overseen by the Jersey Appointments Commission.
Resource implications There are no resource implications resulting from this appointment.
Action required The Greffier of the States is requested to arrange for the attached report to be placed before the States.
Signature			Position Senator Paul Routier M.B.E. Assistant Chief Minister

Date signed			Effective date of the decision

Information Commissioner - Acting: Appointment

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Chief Minister’s

Ministerial Decision Report

appointment of ACTING Information commissioner

Report

The Assistant Chief Minister presents this Report notifying the States Assembly of the appointment of Mr Paul Vane as Acting Information Commissioner.

Article 6 of the Data Protection (Jersey) Law 2005 (the “2005 Law”), provides that the States Assembly shall appoint a person to the office of the Data Protection Commissioner, and shall take all reasonable steps to ensure the position is filled at all times, and in any case appoint one or more members of the Commissioner’s staff as vice-Data Protection Commissioners to act in any absence of the Commissioner.

Mr Vane was appointed as vice-Data Protection Commissioner by means of P.151/2015 lodged au Greffe on 7th December 2015.

The last day in office of the previous Information Commissioner, Mrs Emma Martins, was 31st January 2018, and a recruitment process has started to appoint a new office-holder.

Mr Vane has been appointed as Acting Information Commissioner until such time as a new Commissioner has been appointed through this process.

Background to the position of Information Commissioner

The Data Protection (Jersey) Law 2005 establishes the Data Protection Commissioner, who is appointed by the Assembly. The Freedom of Information (Jersey) Law 2011 separately establishes an Information Commissioner, who is the person who is the Data Protection Commissioner.

This report refers to the appointment of an Acting Data Protection Commissioner, who is also the Acting Information Commissioner under the Freedom of Information Law. For the purposes of this Report, the term “Information Commissioner” or “Commissioner” is used for the position being filled.

Matters relating to appointment

The appointment of a new Information Commissioner will be overseen by the Jersey Appointments Commission. This process is underway.

At its sitting on 16th January 2018 the Assembly approved the Data Protection (Jersey) Law 201- and Data Protection (Jersey) Law 201-, which replace the 2005 Law. These Laws are due to the presented to the Privy Council in February 2018. With approval received from the Privy Council a new Information Commissioner will be appointed in compliance with the Data Protection Authority (Jersey) Law 201-.

Financial and manpower implications

There are no additional financial or manpower implications.

Short biography: Mr Paul Vane

1994-2000 Police Constable, States of Jersey Police

2000-2004 Manager, Policy & Legal, then Compliance Manager, Jersey Financial Services Commission

2004-Present Deputy Information Commissioner, Office of the Information Commissioner

2015-Present Vice-Data Protection Commissioner