DVS transfer to Transport and Technical Services

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 (09.03.06) to agree to the draft legislation to enable the proposed transfer of political responsibility for the Driver and Vehicle Standards Department to the Minister for Transport and Technical Services.

Subject:	Driver and Vehicle Standards (DVS): Transfer to Transport and Technical Services
Decision Reference:	MD-C-2006-0012		Exempt clause(s):	n/a
Type of Report: (oral or written)	Written		Person Giving Report (if oral):	-
Telephone or e-mail Meeting?	-		Report File ref:	-
Written report – Title	Driver and Vehicle Standards: Transfer to Transport and Technical Services
Written report – Author (name and job title)	Jeremy Harris, Policy Adviser
Decision(s): To agree that draft legislation to enable the proposed transfer of political responsibility for the Driver and Vehicle Standards Department (DVS) to the Transport and Technical Services Minister should be lodged ‘au Greffe’ on 14th March 2006. To agree that copies of the draft legislation and covering report should be forwarded to the Ministers for Home Affairs and Transport and Technical Services for their information prior to being lodged ‘au Greffe’.
Reason(s) for decision: The States agreed in October 2005 to support the proposed transfer of political responsibility for DVS on the grounds that this transfer would yield significant benefits. These included the practical benefits to be derived from DVS working alongside colleagues in Transport and Technical Services who already have an expertise in technical and transport matters. In addition, it was felt that it was logical for DVS to come under the umbrella of Transport and Technical Services, given that DVS’ work is centred entirely on on-Island transport matters
Action required: JH to arrange for copies of the draft legislation and covering report to be forwarded to the Ministers for Home Affairs and Transport and Technical Services, and to arrange with the States Greffe for the draft legislation and covering report to be lodged ‘au Greffe’ on 14th March, with a view to the matter being debated by the States of 25th April 2006.
Signature: Deputy Chief Minister		Date of Decision:

DVS transfer to Transport and Technical Services

REPORT TO CHIEF MINISTER

DRIVER AND VEHICLE STANDARDS:

TRANSFER TO TRANSPORT AND TECHNICAL SERVICES

1. In October 2005 the States approved a report and proposition of the Policy and Resources Committee and agreed that ‘political responsibility for the Driver and Vehicle Standards Department, and the functions undertaken by that Department, should be transferred from the Home Affairs Minister to the Transport and Technical Services Minister’ (P.194/2005). It was noted that the necessary legislative changes would be prepared and submitted to the States for their approval early in 2006.

2. With the introduction of ministerial government in December 2005, the responsibility for bringing forward the necessary legislation was passed from the Policy and Resources Committee to the Chief Minister. The Chief Minister’s Department has accordingly arranged for draft legislation to be prepared, and a copy is attached for your consideration, together with a covering report. The draft legislation has been prepared in close consultation with the Home Affairs and Transport and Technical Services Departments, and has the support of both departments.

3. Subject to your approval, it is proposed that copies of the draft legislation and covering report should be forwarded to the ministers for Home Affairs and Transport and Technical Services for their information prior to being lodged ‘au Greffe’. It is planned that the transfer will take place on 1st May 2006, and this means that the legislation should be lodged ‘au Greffe’ no later than 14th March in order that it may be lodged for the required minimum period of six weeks prior to a States debate on 25th April.

Jeremy Harris,

Policy Adviser

8th March 2006

DRIVER AND VEHICLE STANDARDS:

TRANSFER TO TRANSPORT AND TECHNICAL SERVICES –

DRAFT LEGISLATION

1. Introduction

1. In October 2005 the States approved a report and proposition of the Policy and Resources Committee and agreed that ‘political responsibility for the Driver and Vehicle Standards Department (DVS), and the functions undertaken by that Department, should be transferred from the Home Affairs Minister to the Transport and Technical Services Minister’ (P.194/2005). It was noted that the necessary legislative changes would be prepared and submitted to the States for their approval early in 2006.

2. Legislation to enable this transfer has now been prepared, and is being presented to the States for their approval.

2. Background

2.1 In July 2005 the States approved a report and proposition of the Policy and Resources Committee on ‘Environment and Public Services: Establishment of Ministers and Departments’ (P.120/2005), and agreed that ‘responsibility for on-Island transport policy should rest with a single minister (‘Transport and Technical Services’)’.

2.2 In the report accompanying P.120/2005 it was noted that responsibility for the Driver and Vehicle Standards Department (DVS) rested with the Home Affairs Committee, and it was suggested that discussions should take place with that Committee in order to establish whether there should be any changes in this respect.

2.3 Following on from the States decision on P.120/2005, discussions took place between the Policy and Resources, Home Affairs, and Environment and Public Services Committees, and it was agreed that there were significant benefits to be derived from a transfer of DVS from Home Affairs to Transport and Technical Services.

2.4 The Policy and Resources Committee accordingly decided to bring forward a report and proposition in September 2005 which proposed the transfer of political responsibility for DVS from Home Affairs to Transport and Technical Services (‘Driver and Vehicle Standards: Proposed Transfer to Transport and Technical Services’, P.120/2005). The benefits to be derived from this transfer were described in the report accompanying the proposition, and can be summarised as follows –

· Clarity of responsibility – The Minister for Transport and Technical Services and his department have a designated responsibility for on-Island transport policy. This includes such areas as traffic management and planning, main roads maintenance, and car parking. Given that the work of DVS is centred entirely on on-Island transport matters, it is considered both desirable and logical for it to come under the umbrella of Transport and Technical Services.

· Practical benefits – There are significant practical benefits to be derived from DVS moving to the Transport and Technical Services Department. This department includes services where officers already have an expertise in technical and transport matters, including traffic engineers. There will be ample opportunities for internal cross-departmental working, and this will allow technical specialists to work together when developing new policies.

· Synergy – There is a close synergy between the DVS regulatory policies, which relate to transport safety and matters such as width restrictions on vehicles, and the responsibilities of the highways authority in respect of safety and the free flow of traffic.

2.5 The proposition of the Policy and Resources Committee was adopted by the States in October 2005, and it was noted that the necessary legislative changes would be prepared and submitted to the States for their approval early in 2006.

3. Legislative changes

3.1 The legislative changes have now been prepared and are attached for consideration by the Assembly. This draft legislation is consequential upon the States decision of October 2005 and its purpose is straightforward: to enable the transfer of responsibility for DVS from the Home Affairs Minister to the Transport and Technical Services Minister.

3.2 There are two minor areas where it has been agreed by both Transport and Technical Services and Home Affairs that it would be more appropriate if responsibility were to remain with the Home Affairs Minister. These concern Articles 30 and 31 of the Road Traffic Law, where it is proposed that the Home Affairs Minister should retain responsibility for approving devices for breath testing, and for prescribing the proportion of alcohol to be used in a breath sample. These are essentially policing matters, and it is therefore considered that they should remain with the Home Affairs Minister.

3.3 Subject to approval by the States, it is proposed that the transfer of responsibility of DVS from the Home Affairs Minister to the Transport and Technical Services Minister should come into effect on 1st May 2006.

4. Financial and manpower implications

4.1 The financial and manpower implications of this proposition are not considered to be significant.

CHIEF MINISTER