Capacity Law: Law drafting instructions

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 17 March 2015:

Decision Reference: MD-HSS-2015-0011
Decision Summary Title :	Capacity Law		Date of Decision Summary:	10/03/15
Decision Summary Author:	Director – Older Adult Services		Decision Summary: Public or Exempt?	Public
Type of Report: Oral or Written?	Oral		Person Giving Oral Report:	Ian Dyer
Written Report Title :			Date of Written Report:
Written Report Author:			Written Report : Public or Exempt?
Subject: Capacity Law
Decision(s): The Minister decided, having Read the instructions in draft; Regard to the outcome of the expert dialogue and consultation; Regard to the earlier discussion with, among others, the Chief Minister; and Awareness of the importance of implementing a modern and appropriate capacity law that is cognisant of the requirements of the European Convention on Human Rights (ECHR) that the instructions for a new Capacity Law, discussed at a meeting with his officers and the law officers on 2nd March 2015, be submitted to the Law Draftsman.
Reason(s) for decision: To implement a Capacity Law for Jersey which will be compliant with the European Convention on Human Rights.
Resource Implications None
Action required: Officials to submit the law drafting instructions with respect to the preparation of a New Capacity Law to the Law Draftsman.
Signature:		Position: Minister for Health and Social Services
Date Signed:		Date of Decision (If different from Date Signed):