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Mental Health: Law drafting instructions to be submitted for new law

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 21 January 2015:

Decision Reference:        MD-HSS-2015-0002

Decision Summary Title :

Mental Health Law

Date of Decision Summary:

13/01/15

Decision Summary Author:

 

Director – Older Adult Services

Decision Summary:

Public or Exempt?

 

Public

Type of Report:

Oral or Written?

Oral

Person Giving

Oral Report:

Ian Dyer

Written Report

Title :

 

Date of Written Report:

 

Written Report Author:

 

Written Report :

Public or Exempt?

 

 

Subject:  Mental Health Law

Decision(s):  Officials to submit the law drafting instructions with respect to the preparation of a new mental health law to the Law Draftsman.

Reason(s) for decision:

 

The Minister for Health and Social Services having:

 

  • read the instructions in draft;
  • regard to the outcome of expert dialogue and consultation;
  • regard to earlier discussions with, among others, the Chief Minister; and
  • the importance of putting in place a modern and appropriate legal regime for the provision of mental health services to islanders at the earliest possible opportunity,

 

agreed that the instructions to draft a new mental health law, discussed at a meeting with his officials and the Law Officers’ Department on the 13th January, should be submitted to the Law Draftsman.

Resource Implications: None

Action required:  Send instructions to the Law Draftsman.  Request that the necessary law drafting be carried out on the basis of a brief to be provided by the Department.

Signature:

 

 

Position:

Minister for Health and Social Services

Date Signed:

Date of Decision (If different from Date Signed):

 

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