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Updating of Maritime, Ship and Port Security Legislation.

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 (25/09/2006) regarding Updating of Maritime, Ship and Port Security Legislation.

Subject:

Up-dating Maritime, Ship and Port Security Legislation

Decision Reference:

MD-E-2006-0157

Exempt clause(s):

None

Type of Report:

(oral or written)

written

Person Giving Report (if oral):

n/a

Telephone or

e-mail Meeting?

 

Report

File ref:

 

Written report – Title

The Maritime Security (Jersey) Order 1996 and the Community Provisions (Ship and Port Facility – Security) (Jersey) Regulations 2004.

Written report – Author

(name and job title)

Piers Baker – Maritime Compliance Manager

Decision(s):

  1. To request the Law Officers to initiate amendments to the Order in Council that currently applies the Aviation and Maritime Security Act 1990 to the Island;
  2. To request the Law Draftsman to proceed with the recommended change to the Community Provisions (Ship and Port Facility – Security) Regulations;
  3. To request advice from the Law Officers on how best to take account of the changes being brought in under the UK’s Transport Security (Electronic Communications) Order 2006 (SI 2006 No. 2190.

Reason(s) for decision:

To maintain up-to-date maritime security legislation as a result of (1) the Shipping (Jersey) Law 2002, (2) the UK Transport Security (Electronic Communications) Order 2006 (SI 2006 No. 2190) and (3) UK Ship and Port Facility (Security) (Amendment) Regulations 2005 (SI 2005 No. 1434).

Action required:

Following the Ministerial Decision, the Compliance Manager will request the Law Officers and Law Draftsman to proceed. These matters have been already discussed with them.

There are no new financial or human resources issues arising.

Signature:

Deputy Alan J. Maclean

(Assistant Minister)

Date of Decision:

25 September 2006

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