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Historic Abuse Redress Scheme: Transfer of Scheme Lawyers

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 30 September 2013:

Decision Reference:          MD-HSS-2013-0040

Decision Summary Title :

Historic Abuse Redress Scheme – Transfer of Scheme Lawyers

Date of Decision Summary:

27th September 2013

Decision Summary Author:

 

Managing Director of Community & Social Services

Decision Summary:

Public or Exempt?

 

Public

Type of Report:

Oral or Written?

Oral

Person Giving

Oral Report:

 

Written Report

Title :

-

Date of Written Report:

-

Written Report Author:

 

Written Report :

Public or Exempt?

 

Subject:  Transfer of Scheme Lawyers for the Historic Abuse Redress Scheme

Decision(s): The Minister for Health and Social Services, who has responsibility for the administration of the Historic Abuse Redress Scheme, following consultation with the Chief Minister, has determined that the scheme is to transfer from Mourant Ozannes to Lacey Advocates. The transfer has commenced and subject to the consent of each of the claimants, it is anticipated that it will start to take effect from 1 October 2013.

Reason(s) for decision:

 

The team at Mourant Ozannes was led until December 2012 by Advocate Beverley Lacey. She advised on the establishment of the scheme and has advised the Minister in relation to the scheme throughout, in close liaison with the Health and Social Services Department and the Council of Ministers.

 

In December 2012, Advocate Lacey left Mourant Ozannes and established Lacey Advocates. In March 2013, the Minister instructed Lacey Advocates to advise on various matters connected to historic abuse. More recently, the Chief Minister and the Health and Social Services Minister decided that, for reasons of continuity, the administration of the scheme would be transferred to Lacey Advocates.

 

 

Resource Implications The provision of funds for legal fees in relation to the Historic Abuse Redress Scheme is retained by the Treasury. No additional resources implications are anticipated as a result of this decision in relation to this fund or HSSD budgets.

Action required:  The Managing Director of Community & Social Services is instructed to transfer the scheme from Mourant Ozannes to Lacey Advocates with effect from the 1st October 2013.

Signature:

 

 

Position:

Minister for Health and Social Services

 

Date Signed:

 

 

Date of Decision (If different from Date Signed):

 

 

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