Response to consultation document regarding the banning of smoking in enclosed workplaces.

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 to respond to consultation document regarding the banning of smoking in enclosed workplaces.

Subject:	Response to consultation document regarding banning in smoking in enclosed workplaces issued by Health and Social Services
Decision Reference:	MD-S-2006-0012		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:	CM/Health & Social Services
Written report – Title	Issues arising from Health and Social Services consultation document on the banning of smoking in enclosed workplaces
Written report – Author (name and job title)	Colin Myers Director of Health and Safety
Decision(s): a) The proposals for legislation to implement a ban on smoking in enclosed workplaces are supported. b) Further consideration should be given by Health and Social Services to the legal framework for the introduction of exemptions from the proposed legislation. c) The proposal to involve the Health and Safety Inspectorate to carry out enforcement of the proposed legislation is contrary to the commitment given in P126/2005. It is the view of the Assistance Minister that enforcement of the proposed legislation should be carried out by officers of the Health and Social Services Department.
Reason(s) for decision: a) The proposals implement P 126/2005 which has been adopted by the States b) The potential conflict with Article 2 of the European Convention on Human Rights c) The need for clear lines of accountability and consistency of approach.
Action required: CM to respond on the consultation document
Signature: (Minister/ Assistant Minister)		Date of Decision: