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Changes to remand arrangements for young people: Law drafting instruction

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 on 6 May 2022

Decision Reference:  MD-HA-2022-360

Public

Subject: Law Drafting Instruction  - Changes to remand arrangements for young people

 

Report Title: Drafting Instructions - Changes to remand arrangements for young people

Exempt (Article 25(2))

Decision(s):

The Minister for Home Affairs has approved law drafting instructions to alter the remand arrangements for young people, and has instructed officers to pass the instructions to the Legislative Drafting Office for development.

Reason for Decision(s):

Following discussions between the Ministers for Home Affairs and Children and Education and the Children’s Commissioner, it has been agreed that there should be greater capacity for Centeniers to utilise facilities other than secure accommodation for the remand of children and young people. These instructions are intended to prepare the necessary amendments to give effect to that agreement, with the intention of preparing legislation for the consideration of the new government by September 2022.

Resource Implications: This legislative change will have no direct resource implications. Operational requirements may need to be put in place to give effect to any changes facilitated by the legislation, which, if necessary, will be resourced through the normal Government Plan arrangements.

 

Action Required: Officers are to pass the drafting instructions to the Legislative Drafting Office for development.

Signature:

 

 

Signed By: Minister for Home Affairs

Date Signed:

 

 

Date of Decision (If different from Date Signed):

 

 

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