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Ethics Committee – constitution and terms of reference.

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

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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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 (28/04/2006) regarding Ethics Committee – constitution and terms of reference.

Subject:

Ethics Committee – constitution and terms of reference

Decision Reference:

MD-H SS-2006-00025

Exempt clause(s):

no

Type of Report:

(oral or written)

Terms of Reference attached

Person Giving Report (if oral):

 

Telephone or

e-mail Meeting?

 

Report

File ref:

 

Written report – Title

Ethics Committee – constitution and terms of reference

Written report – Author

(name and job title)

Mike Entwistle

Chairman – Ethics Committee

Decision(s):

1. To approve revised terms of reference for the Health and Social Services Ethics Committee (as attached).

2. To note the retirement of Mr Tom Kirkbride as a member of the Ethics Committee, and to approve the appointment of Mrs Gillian Bunting as a replacement.

Reason(s) for decision:

1 As a result of the transition to Ministerial government, the existing terms of reference of the Ethics Committee are out of date. Changes are required to substitute references to the Minister in place of the Health and Social Services Committee and to modify the constitution, recognising that it is not appropriate for the Minister to be a member of the Ethics Committee which, amongst other objectives, is set up to advise him on ethical matters.

2. According to the terms of reference, non-clinical members of the Ethics Committee shall be nominated by the Chief Officer and appointed by the Minister. Mrs Gillian Bunting has agreed to be nominated as a member, in view of her interest in ethical matters and her particular role in supporting the development of student social science research projects through Highlands College.

3. The Ethics Committee considered its constitution and terms of reference in its meeting of 24 January, and supports the recommendations.

Action required:

Chief Executive to notify the Corporate Management Team of the revised constitution and terms of reference.

Chairman of Ethics Committee to thank Mr Kirkbride for his contribution, and to inform Mrs Bunting of her appointment.

Signature:

(Minister for Health and Social Services)

Date of Decision:

28 April 2006

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