Tourism (General Provisions) (Jersey) Order 1990: Amendment: Law drafting instructions

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 29 January 2016:

Decision Reference: MD-E-2016-0006
Decision Summary Title :	Law Drafting Instructions – removal of Visitor Registration Cards		Date of Decision Summary:	27 January 2016
Decision Summary Author:	Head of Policy and Legislation		Decision Summary: Public or Exempt?	Public
Type of Report: Oral or Written?	Written		Person Giving Oral Report:	N/A
Written Report Title :	Law Drafting Instructions – removal of Visitor Registration Cards		Date of Written Report:	27 January 2016
Written Report Author:	Head of Policy and Legislation		Written Report : Public or Exempt?	Public
Subject: To formalise Law Drafting Instructions amending the Tourism (General Provisions) (Jersey) Order 1990 to remove the requirement for tourist businesses to retain records of the guests staying in their premises.
Decision(s): The Minister approved the instructions attached as a written report.
Reason(s) for Decision: To remove a resource burden from industry and from Visit Jersey (who have inherited the scheme), as a very similar method of recording is required under the Immigration Hotel Records (Jersey) Order 1999, and as visitor information can be better captured by exit surveys.
Resource Implications: There will be a reduced burden on Visit Jersey and on the tourism industry.
Action required: To pass the attached instructions to the Law Draftsman’s Office for action.
Signature: Senator L J Farnham		Position: Minister for Economic Development, Tourism, Sport and Culture
Date Signed:		Date of Decision (If different from Date Signed):