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Authorisation of Persons to Conduct Inquests.

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 (14/12/2006) regarding Inquests: Authorisation of Persons to Conduct Inquests.

Subject:

Inquests: Authorisation of Persons to Conduct Inquests

Decision Reference:

MD-C-2006-0057

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:

n/a

Written report – Title

Draft Departments of the Judiciary and the Legislature (Amendment No. 4) (Jersey) Law 200-

Written report – Author

(name and job title)

Jeremy Harris, Policy Adviser

Decision(s):

To approve a draft law, entitled the draft Departments of the Judiciary and the Legislature (Amendment No. 4) (Jersey) Law 200-.

The purpose of this draft Law is to provide greater flexibility for the conduct of inquests by empowering the Viscount to authorise not just the Deputy Viscount, but any other person (whether or not an officer of the Viscount’s Department) who is approved by the Bailiff to discharge the Viscount’s function of conducting a particular inquest or inquests generally.

Reason(s) for decision:

(1) It is considered desirable that there should be greater flexibility for the authorisation of persons to conduct inquests. The current arrangements for the designation of a relief coroner are felt to be cumbersome, and are ill-suited to cater for situations such as a disaster involving many casualties.

Action required:

JH to arrange with the States Greffe for the draft law to be lodged ‘au Greffe’ for consideration by the States on 30th January 2007.

Signature:

Chief Minister

Date of Decision:

14th December 2006

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