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Disposal of 125,000 fireworks

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 30 March 2010 regarding: Disposal of 125,000 fireworks.

Decision Reference: MD-HA-2010-0024

Decision Summary Title :

Disposal of pyrotechnics

Date of Decision Summary:

24 March 2010

Decision Summary Author:

Executive Officer

Home Affairs

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 :

Disposal of pyrotechnics

Date of Written Report:

26 February 2010

Written Report Author:

Chief Officer

Home Affairs

Written Report :

Public or Exempt?

(State clauses from Code of Practice booklet)

Exempt

3.2.1. (a)(x)

Subject: Disposal of 125,000 pyrotechnics plus fusing by means of controlled burning.

Decision(s): The Minister approved the disposal of 125,000 pyrotechnics by means of controlled burning in situ at Ronez Quarry.

Reason(s) for Decision:  The pyrotechnics were imported for the purpose of a world record attempt in 2007.  The attempt did not proceed, and the pyrotechnics have been stored in Ronez Quarry since that time.  The importer has abandoned the pyrotechnics and the UK owner of the pyrotechnics has advised the Department that the pyrotechnics are of no commercial use to him and that he would destroy them if they were returned to him.  It is appropriate for the pyrotechnics to be destroyed as they constitute a risk to the public.  The Explosives Ordnance Disposal (EOD) Officer, who is contracted by the Department, has the necessary skills to dispose of the pyrotechnics in a safe and environmentally-friendly manner.

Resource Implications:  The cost estimate for the destruction of the pyrotechnics is £3,300, which the Department has agreed to meet because of the potential risk to the public.  It being understood that the States of Jersey accepts no liability for loss to either the importer or the owner of the pyrotechnics as a result of them having been brought to the Island.

Action required:  The Chief Officer to instruct the EOD Officer to dispose of the pyrotechnics in batches by means of controlled burning.

Signature: 

Position:

Minister for Home Affairs

Date Signed:

Date of Decision (If different from Date Signed):

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