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States of Jersey Police Force Law 2012: Amendments: Law Drafting Instructions

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 2 January 2020

Ministerial decision reference: MD-HA-2019-0125   

Decision summary title Law drafting instruction: States of Jersey Police Force Law 2012

Decision summary author

Policy Principal (Criminal Justice)

Is the decision summary public or exempt?  

Public

Report title Law drafting instruction: States of Jersey Police Force Law 2012

Report author or name of

person giving report

Policy Principal (Criminal Justice)

Is the report public or exempt?

Exempt

Article 35 of FOI Law

Decision and reason for the decision

The Minister requested that legislative drafting commence on amendments to the States of Jersey Police Force Law 2012.

 

The Office of the Comptroller and Auditor General (C&AG) undertook a review into the Governance of the States of Jersey Police and issued a report dated 22 March 2018.

 

The C&AG decided that it was an opportune time to take stock of the arrangements established in Jersey as a result of the 2012 Law since:

  • There has been sufficient experience of the new arrangements in practice; and
  • There was the opportunity to draw on the insights of both the former Chief of Police and the former Chairman of the Authority as well as those of their successors.

 

The review:

  • Considered the overall arrangements for the governance of the States of Jersey Police; and
  • Focussed on two specific areas:
    • One relating to a human resource issue; and
    • One relating the development of the Medium-Term Financial Plan.

 

In undertaking this review, the C&AG considered comparable jurisdictions, notably England and Wales, Scotland and Ireland, relative to the Jersey position and drew on practice elsewhere that may be a ‘model’ to follow in the Jersey context.

 

The Minister for Home Affairs (‘’the Minister’’) in a response the Public Accounts Committee April 2018, accepted some recommendations as practice improvements and agreed to progress others politically.  The Minister agreed to implement the recommendations in full on the 1st February 2019.

 

Several of the recommendations related to amending the States of Jersey Police Force Law 2012.

 

In April 2019, an implementation group (‘’the group’’) was established to take forward the recommendations, finalise outstanding policy issues raised by the report and make recommendations to the Minister prior to drafting legislative instructions.

 

The group consisted of the Senior Justice and Home Affairs Officer, Police Authority representative, States of Jersey Police representative and a Strategic Policy, Performance and Population representative.

The Law drafting instructions are a culmination of this work and give effect to the C&AG recommendations as endorsed by the Minister.

Resource implications: Meeting the C&AG’s recommendations will include providing greater resources for the Jersey Police Authority, the extent of which will be determined as the Law is developed and considered by the Assembly alongside the draft Law.

Action required The Law Drafter is requested to arrange for the preparation of the necessary legislation to give effect to the Law drafting instruction set out in the Report.

Signature

 

 

 

Position

 

Connétable Len Norman

Minister for Home Affairs

Date signed

 

Effective date of the decision

 

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