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Amendment (No. 28) of the Standing Orders of the States of Jersey

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 23 February 2015:

Ministerial decision reference : MD-C-2015-0021

Decision summary title  Amendment (No.28) of the Standing Orders of the States of Jersey

Decision summary author

External Relations

Is the decision summary public or exempt?  

Public

Report title  Amendment (No.28) of the Standing Orders of the States of Jersey

Report author or name of

person giving report

External Relations

Is the report public or exempt?

Public

Decision and reason for the decision:

The Chief Minister decided to lodge ‘au Greffe’ Amendment (No.28) of the Standing Orders of the States of Jersey and the accompanying Report.

This Amendment would allow any Minister to propose any proposition that had been lodged by the Chief Minister.  Currently, the only propositions lodged by the Chief Minister that might be proposed by another Minister were propositions lodged under Article 31 of the States of Jersey Law 2005 (proposal that an Act of Parliament should apply, or an Order in Council be extended to Jersey).

The proposed Amendment has the agreement of the Privileges and Procedures Committee.  The change should ensure that the Minister with the most direct knowledge of the proposition in question would act as ‘rapporteur’ and this should facilitate debates in the Assembly.

Resource implications: There are no financial or manpower implications arising from this amendment to Standing Orders.

Action required:

External Relations shall:-

  • Inform the States Greffe of the decision;
  • Forward the draft amendment to Standing Orders and Report to the Publications Editor and request the Greffier of the States to arrange for the draft amendment to Standing Orders to be lodged “au Greffe” for debate at the earliest opportunity.

Signature

 

 

 

Position

Senator Andrew Green

Deputy Chief Minister

 

 

 

 

 

 

Date signed

 

Effective date of the decision

 

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