DS 2008 06 09 Amendment to P54/2008

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 was made (27th June 2008) regarding amendment to P54/2008

Decision Reference: MD-HA-2008-0034
Decision Summary Title :	DS 2008 06 09 Amendment to P54/2008		Date of Decision Summary:
Decision Summary Author:	Michael Robinson – Head of Customs and Immigration Service		Decision Summary: Public or Exempt?	public
Type of Report: Oral or Written?	None – see ‘Reason for Decision’ below		Person Giving Oral Report:
Written Report Title :	Amendment to P54/2008		Date of Written Report:	18th June
Written Report Author:	Michael Robinson – Head of Customs and Immigration Service		Written Report : Public or Exempt?	public
Subject: Amendment to P54/2008 introducing the draft Customs and Excise (Amendment No. 6) (Jersey) Law 200-
Decision(s): The Minister amended the ‘prescribed amount’ in Article 37A(1) of the draft Customs and Excise (Amendment No. 6) (Jersey) Law 200- from “£10,000” to “10,000 Euros or the equivalent in any other currency”; and in paragraph (3) substitute “euros” for “£”.
Reason(s) for Decision: This amendment would ensure that the Jersey prescribed amount is consistent with that introduced in the European Union, including the United Kingdom, and Guernsey and the Isle of Man. It would avoid any possible confusion for those who might be affected by these new provisions.
Resource Implications: There are no resource implications to the Home Affairs Department resulting from this decision.
Action required: The Executive Officer, Home Affairs, to notify the Law Draftsman of the decision, and to arrange with the Greffier to change the date of the debate on P54/2008 from 17th June 2008 to 1st July 2008.
Signature:		Position: Minister for Home Affairs
Date Signed:		Date of Decision (If different from Date Signed):