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Cremation: Medical Referees: Appointments

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.

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  • 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

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A decision made 17 May 2018:

Decision Reference:   MD-HSS-2019-0024  

Decision Summary Title :

Appointment of medical referees under Cremation (Amendment No 15) (Jersey) Regulations

Date of Decision Summary:

14 May 2019

Decision Summary Author:

 

Medical Officer of Health

Decision Summary:

Public or Exempt?

(State clauses from Code of Practice booklet)

Public

Type of Report:

Oral or Written?

Written

Person Giving

Oral Report:

 

Written Report

Title :

Appointment of medical referees under Cremation (Amendment No. 15) (Jersey) Regulations

Date of Written Report:

14 May 2019

Written Report Author:

Medical Officer of Health

Written Report :

Public or Exempt?

(State clauses from Code of Practice booklet)

Public

Subject:   Appointment of medical referees under Cremation (Amendment No 15) (Jersey) Regulations.

Decision(s):  The Minister approved the appointment of two suitably qualified Medical Referees under the Cremation (Amendment No 15) (Jersey) Regulations, thereby investing in him the powers to grant or refuse authority for cremation as currently delegated to the States of Jersey Medical Officer of Health (MOH).  These two Medical Referees are:

 

  • Dr Adrian Noon
  • Dr Peter Southall

 

The above two Medical Referees are to replace Dr Sarah Whiteman, who is no longer employed within Health & Community Services in Jersey.

Reason(s) for Decision:

To ensure that the role of Medical Referee is delivered by a team of suitably experienced doctors, thus reducing the current critical dependency on the availability of the Medical Officer of Health.

Resource Implications: No resource implications

Action required:  Medical Officer of Health to inform Crematorium Superintendent

Signature:

 

 

Position:

Minister for Health and Social Services

Date Signed:

Date of Decision (If different from Date Signed):

 

Cremation: Medical Referees: Appointments

Additional Appointment of medical referee under Cremation (Amendment No. 15) (Jersey) Regulations

 

Background

 

In June 2011 the States of Jersey adopted a proposed amendment to the provisions made under the Cremation (Jersey) Regulations 1961.  This amendment allowed for the Minister to grant to a team of medical referees the power to grant or refuse an application for cremation.

 

The powers had currently only been vested in the Medical Officer of Health (MOH) creating a single point of dependency which, in turn, created the potential for delay.  Vesting the powers in one or more medical referees, creates a more resilient and efficient team approach.

 

A medical referee may give ‘authority to cremate’ when they are satisfied that an application for cremation is in order.  It is the final check that there is no reason why a body may not be disposed of by cremation, after which time no post mortem examination of the remains would be possible.  It is an important safeguard enabling further enquiries to be made, such as if there was any doubt as to the cause of death, any suspicious circumstances / any reason why the death should be referred to the Deputy Viscount (in his role as Coroner) or his advice sought.  The vast majority of cremation authorisations are straightforward and simple to process and authorise.

 

Medical Referees – the appointment process

 

The Medical Officer of Health, with regard to the UK Ministry of Justice guidance on appointment of Medical Referees, has recommended two new doctors for appointment to the Minister, to replace two Medical Referees already who are no longer employed by Health & Community Services in Jersey.  The MOH is satisfied that they are:

 

  • Registered medical practitioners of at least 5 year’s standing
  • Colleagues of good professional standing with the character, experience and qualifications required of a medial referee
  • Colleagues with no record of any complaints, hearings or warnings to / by the General Medical Council.

 

These doctors are:

 

  • Dr Adrian Noon
  • Dr Peter Southall

 

These two doctors are replacements for Dr Sarah Whiteman, who has left employment with Health & Community Services and are needed to strengthen the existing team of Medical Referees, in order to ensure that cremations paperwork continues to be authorised.

 

Financial Implications:  Within existing resources

 

 

Dr Susan Turnbull

Medical Officer of Health

May 2019

 

 

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