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Dogs on Beaches during Covid-19: Legislative 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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 23 April 2020

Decision Reference: MD-E-2020-0016

Decision Summary Title :

Dogs on beaches during Covid19 - Legislative Drafting Instructions

Date of Decision Summary:

20 April 2020

Decision Summary Author

Private Secretary

Decision Summary:

Public or Exempt?

Public

Type of report:

Oral or Written?

Written

Person giving

Oral Report:

n/a

Written Report

title :

Dogs on beaches during Covid19 - Legislative Drafting Instructions

Date of Written Report:

20 April 2020

Written Report author

Hospitality and Leisure Manager

Written Report:

Public or Exempt?

Public

Subject: Legislative Drafting Instructions to amend the Policing of Beaches (Jersey) Regulations 1959 to delay until 31 May 2020 the start date of restrictions on animals on beaches for this year only.

 

Decision: The Minister for Economic Development, Tourism, Sport and Culture (EDTSC) decided to extend the period that dogs can be on beaches without a lead to provide greater flexibility under the Covid19 Stay At Home instruction. The measure also applies to the riding of horses or ponies on beaches.

 

Reasons for Decision: Regulation 2(1)(h) of the Policing of Beaches (Jersey) Regulations 1959 prohibits dogs on beaches between 10.30am and 6.00pm from 1st May to 30th September unless they are on a lead. It also prohibits the riding of horses or ponies. The Covid-19 Stay At Home instruction means people can only exercise with their animals for two hours a day, and delaying the start of the restrictions will provide greater flexibility for owners and increase the ability for social distancing.

 

Resource implications: There are no financial or manpower resource implications.

Action required: Officers are asked to liaise with HM Attorney General to prepare the necessary instructions, which will then be forwarded to the Legislative Drafting Office.

 

Signature: Senator S Pallett

 

 

 

 

 

Position:

 

Assistant Minister for Economic Development, Tourism, Sport and Culture

Date signed:

Date of Decision (If different from Date Signed)

 

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