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Delegation of Functions: Jersey Redress Scheme

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 21 June 2019:

Ministerial decision reference: MD-C-2019-0070 

 

Decision summary title: Jersey Redress Scheme delegation to Assistant Minister for Health and Social Services/Minister for Children and Housing and delegation to Independent Panel

 

Decision summary author

Director, Social Policy

Is the decision summary public or exempt? 

Public

Report title:  Jersey Redress Scheme – delegations

Report author or name of

person giving report

Director, Social Policy

Is the report public or exempt?

Public

Decision and reason for the decision

The Council of Ministers (CoM) determined on 3 April that a Jersey Redress Scheme would be launched on 1 July 2019, providing redress to people who, as children, were abused or suffered harm between 9 May 1945 and 31 December 2005;

 

  • whilst a resident in a Government of Jersey children’s home
  • whilst in a Government of Jersey foster care placement
  • whilst accommodated at Les Chênes secure residential unit.

 

Further to that decision, the Chief Minister determined to delegate to:

 

a)      Senator Mézec, in his role as Assistant Minister for Health and Social Services with specific responsibility for the political oversight of Children’s Service, and, in his role as Minister for Children and Housing, responsibility for the political oversight of the Redress Scheme

 

b)      the Independent Panel to be established under the Redress Scheme, powers to determine principles relating to the admissibility of claims/part of claims which do not fully meet the scheme criteria.

 

Resource implications: There are no resource implications arising from this Ministerial Decision.

Action required

To request the Greffier of the States to arrange for this Ministerial decision to be presented to the States.

Signature

 

 

Position

Senator J. Le Fondré

Chief Minister

 

 

Date signed

 

 

Effective date of the decision

 

 

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