Taxation (Exchange of Information with Third Countries) (Jersey) Regulations 2008: Amendment: 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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 18 January 2016:

Decision Reference: MD-ER-2016-0001
Decision Summary Title :	To prepare an Amendment to the Taxation (Exchange of Information with Third Countries) (Jersey) Regulations 2008		Date of Decision Summary:	8 January 2016
Decision Summary Author:	External Relations		Decision Summary: Public or Exempt?	Public
Type of Report: Oral or Written?	Written		Person Giving Oral Report:	N/A
Written Report Title :	To prepare an amendment to the Taxation (Exchange of Information) (Jersey) Regulations 2008		Date of Written Report:	8 January 2016
Written Report Author:	Adviser – International Affairs		Written Report : Public or Exempt?	Public
Subject: To prepare an Amendment to the Taxation (Exchange of Information with Third Countries) (Jersey) Regulations 2008
Decision: To request the Law Draftsman to prepare an Amendment to the Taxation (Exchange of Information with Third Countries) (Jersey) Regulations 2008
Reason(s) for Decision: The Minister for External Relations approved proposals for the Law Draftsman to prepare an Amendment to the Taxation (Exchange of Information with Third Countries) (Jersey) Regulations 2008 to include in the Schedule the Tax Information Exchange Agreement with the Kingdom of Spain required as a result of the signing of the Agreement on the 17th November 2015.
Resource Implications: There are no financial or manpower implications arising from the law drafting instructions.
Action required: The Minister for External Relations requested that the Adviser – International Affairs submit drafting instructions to the Law Draftsman’s Office.
Signature:		Position: Minister for External Relations
Date Signed: 18 January 2016		Date of Decision (If different from Date Signed):