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Duke of Normandy: Accident Investigation Report

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 9 January 2012:

Decision Reference:   MD-E-2011-0205

Decision Summary Title :

Publication of Investigation Report - States Vessel “Duke of Normandy”

Date of Decision Summary:

13 December 2011

Decision Summary Author:

 

Registrar of Shipping

Decision Summary:

Public or Exempt?

(State clauses from Code of Practice booklet)

Public

Type of Report:

Oral or Written?

Written

Person Giving

Oral Report:

n/a

Written Report

Title :

“Duke of Normandy” External Investigation Report

Date of Written Report:

15 November 2011

Written Report Author:

MECAL(Jersey)

Written Report :

Public or Exempt?

(State clauses from Code of Practice booklet)

Public

Subject: Publication of Investigation Report - States Vessel “Duke of Normandy”

Decision(s):

In accordance with article 166 of the Shipping (Jersey) Law 2002, the Minister has decided to publish the external report into the grounding of and subsequent damage to the States vessel ‘Duke of Normandy’ that occurred on Friday 2 September 2011.

 

Reason(s) for Decision:

The investigation is now complete and it is in the interest of the safety of all Jersey–registered vessels that the report is made public. The Minister endorses the report and its recommendations. It should be noted that: 1. The Report is not intended to lay blame but to assist the sea-going community in improving safety; 2. Jersey Harbours staff and crew have fully cooperated with the investigation; 3. Procedures have been modified since the incident to reduce the risk of a repeat occurrence.

 

Resource Implications:

Nil

Action required:

The report will be published on the States website and copied to the UK Marine Accident Investigation Branch (MAIB).

 

Signature:  Senator A.J.H.Maclean

 

Position:  Minister

 

Date Signed:

 

 

Date of Decision (If different from Date Signed):

 

 

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