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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 (10/09/2008) regarding: Prison - Delegated Authority.

Decision Reference: MD-HA-2008-0040
Decision Summary Title :	Prison - Delegated Authority		Date of Decision Summary:	Wednesday, 21 May 2008
Decision Summary Author:	Heidi Sydor Executive Officer		Decision Summary: Public or Exempt?	Public
Type of Report: Oral or Written?	written		Person Giving Oral Report:
Written Report Title :	Delegated Authority – HMP La Moye		Date of Written Report:	Wednesday, 21 May 2008
Written Report Author:	Heidi Sydor Executive Officer		Written Report : Public or Exempt?	Public
Subject: Delegated Authority – HMP La Moye
Decision(s): The Minister, in accordance with Article 28 of the States of Jersey Law 2005, delegated functions to the Assistant Minister for Home Affairs under rules 71, 82, 100 and 101 of the Prison (Jersey) Rules 2007.
Reason(s) for Decision: In the absence of the Minister for Home Affairs, the Assistant Minister has delegated authority to act for the Minister under Prison (Jersey) Rules 67 (Removal from Association). Similar problems may arise with authorisations in the Minister’s absence with regard to Rule 71 (Use of Restraints), Rule 82 (Removal from Association pending charge) and Rules 100 & 101(Complaints to the Minister).
Resource Implications: There are no resource implications to this decision
Action required: The Executive Officer to inform the Assistant Minister and the Prison Governor of the decision. The delegated authority to be reported formally to the States.
Signature:		Position: Minister for Home Affairs
Date Signed:		Date of Decision (If different from Date Signed):