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Defaced Red Ensigns for Jersey Ships.

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 (15/05/2008) regarding: Defaced Red Ensigns for Jersey Ships.

Decision Reference:   MD-E-2008-0072 

Decision Summary Title :

Defaced Red Ensigns for Jersey Ships

Date of Decision Summary:

04 April 2008

Decision Summary Author:

Piers Baker – Maritime Compliance Manager

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 :

Defaced Red Ensigns for Jersey Ships

Date of Written Report:

19 March 2008

Written Report Author:

Piers Baker, Maritime Compliance Manager

Written Report :

Public or Exempt?

(State clauses from Code of Practice booklet)

Public

Subject:

Defaced Red Ensigns for Jersey ships & legal anomalies regarding local yacht club ensigns.

Decision(s):

  1. The Assistant Minister agreed that the Law Officers Department should be asked to work with the UK’s Ministry of Justice to prepare the necessary Orders in Council whilst the Jersey legislation and States Proposition are prepared so as to introduce a defaced ensign as an option for ships registered in the Island;
  2. The Assistant Minister agreed that the proposal to grant the right to fly a defaced ensign should have two basic minimum restrictions imposed, being that of the requirement for full registration and a minimum ship size;
  3. The Assistant Minister has indicated his preference for the Jersey Three Leopards crest surmounted by the Plantagenet Crown.

Reason(s) for Decision:

The Law officers need a framework in which to work with the UK Ministry of Justice and cannot open discussion on the topic unless there is a clear understanding what it is that the Registry and the Economic Development Department are seeking. 

The introduction of a defaced ensign will be advantageous to the Island in expressing its unique identity. It will enhance international awareness and help to promote the shipping register.

Resource Implications:

There are no new financial, property, ICT or human resources issues arising.

Action required:

Following the Ministerial Decision, informal discussion will commence between the UK’s Ministry of Justice and the Law Officers and work will proceed to prepare the relevant Proposition to be put to the States. 

The resolution of issues regarding other ensigns and the possible anomalies in UK and Jersey law will be dealt with at the same time.

Signature:  Deputy A.J.H.Maclean  

Position:  Assistant Minister

Date Signed: 

Date of Decision (If different from Date Signed):

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