Heritage and Antiquities 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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 on 11 February 2020

Decision Reference: MD-E-2020-0010
Decision Summary Title :	Heritage and Antiquities Law - Legislative Drafting Instructions		Date of Decision Summary:	05 February 2020
Decision Summary Author	Private Secretary		Decision Summary: Public or Exempt?	Public
Type of report: Oral or Written?	Written		Person giving Oral Report:	n/a
Written Report title :	Development of Heritage Legislation		Date of Written Report:	20 November 2019
Written Report author	Director EDTSC		Written Report: Public or Exempt?	Public
Subject: Legislative Drafting Instructions - Heritage and Antiquities Law
Decision: The Minister for Economic Development, Tourism, Sport and Culture (EDTSC) decided that a Heritage and Antiquities Law was needed in Jersey to provide clarity on heritage matters and to ensure the island is able to comply with recognised best practice and any relevant international conventions that extend to Jersey.
Reasons for Decision: Heritage matters in Jersey are not currently covered by adequate protective legislation. The current legal position regarding treasure trove, for example, is governed by limited customary law. More broadly, the island lacks a robust, statutory set of protections for antiquities, including with respect to their movement, treatment discovery and custody. The Minister for EDTSC seeks to remedy this by putting appropriate legislation in place. The first step is to prepare appropriate legislative drafting instructions.
Resource implications: There are no financial or manpower resource implications.
Action required: Officers are asked to liaise with HM Attorney General to prepare the necessary instructions, which will then be forwarded to the Legislative Drafting Office.
Signature: Senator L J Farnham		Position: Minister for Economic Development, Tourism, Sport and Culture
Date signed:		Date of Decision (If different from Date Signed)