Law drafting instructions: Planning and Building (Public Inquiry) (Jersey) Order 2008.

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 (26/08/2008) regarding: Law drafting instructions: Planning and Building (Public Inquiry) (Jersey) Order 2008.

Decision Ref:	MD–PE–2008-0162
Subject:	Law drafting instructions: Planning and Building (Public Inquiry) (Jersey) Order 2008
Decision Summary Title :	DS – law draft instruction public inquiry
DS Author:	Kevin Pilley: Assistant Director, Policy and Projects
DS Date:	26 July 2008	DS Status:	Public
Written Report Title :	WR – law draft instruction public inquiry
WR Author:	Kevin Pilley, Assistant Director
WR Date	19 August 2008	WR Status:	Public
Oral Rapporteur:	Kevin Pilley, Assistant Director
Decision(s):	The Minister for Planning and Environment endorsed the law drafting instructions enabling the preparation of draft secondary legislation for the holding of public inquiries
Reason(s) for Decision:	The Minister for Planning and Environment is required to prescribe the manner in which public inquiries are to held by Order, which requires the issuing of law drafting instructions to prepare the said Order.
Legal and resource Implications:	Art. 12 of the PB(J)L 2002 requires the Minister to prescribe the form of public inquiries by Order. No bid for law drafting time to make this Order has previously been made.
Action required:	Request the Law Draftsman to prepare a draft Order.
Signature:
Position:	Minister for Planning and Environment
Date Signed:		Date of Decision (If different to Date Signed):