Trusts (Jersey) Law

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 (07.03.06) to issue law drafting instructions to repeal Article 56 in the Trusts (Amendment No.4) (Jersey) Law.

Subject:	Trusts (Jersey) Law – the future of Article 56
Decision Reference:	MD-E-2006-0026		Exempt clause(s):	n/a
Type of Report: (oral or written)	Written		Person Giving Report (if oral):	n/a
Telephone or e-mail Meeting?	n/a		Report File ref:
Written report – Title	Trusts (Amendment No.4) (Jersey) Law 2006 – Article 56
Written report – Author (name and job title)	Paul de Gruchy, Director – Finance Industry Development
Decision(s): To issue law drafting instructions to the draftsman to repeal Article 56 in the Trusts (Amendment No.4) (Jersey) Law and to bring the Amendment forward for Ministerial approval and submission to the States at the earliest opportunity.
Reason(s) for decision: Following extensive negotiations between officers of EDD, the Jersey Financial Services Commission and a working party of leading trusts lawyers, agreement was reached that aspects of the current Article 56 were onerous and posed a barrier to new trusts work coming to the Island. Following careful consideration of the arguments in relation to whether to repeal or amend the article, and the likely effect of either course, it is felt that only repeal is likely to remove the barrier to new trusts work coming to the Island. As part of the process of repeal, however, the Commission should be requested to carry out a general review of the codes of practice applicable to trust company businesses in order to ensure that beneficiaries remain suitably protected in the event of a breach of trust by a regulated entity.
Action required: 1) PDG to instruct the Law Draftsman to repeal Article 56 and to bring Amendment No.4 to the Minister for approval at the earliest opportunity. 2) The Minister to write to the Jersey Financial Services Commission advising them of the decision and requesting the Commission to consult upon the Codes of Practice issued in respect of Trust Company Businesses to ensure that beneficiaries continue to be offered appropriate protection against breaches of trust, with a view to introducing amendments to the Codes of Practice, if amendments are necessary, prior to the introduction of the Amendment.
Signature: Senator Philip Ozouf (Minister)		Date of Decision: