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Information and public services for the Island of Jersey

L'înformâtion et les sèrvices publyis pouor I'Île dé Jèrri

Covid-19 (Capacity and Self-Determination) (Jersey) Regulations 202-

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 6 May 2020:

Decision Reference: MD-HSS-2020-0028

Decision Summary Title :

Draft Covid-19 (Capacity and Self-Determination) (Jersey) Regulations 202- Decision to lodge “au Greffe”

Date of Decision Summary:

6th May 2020

Decision Summary Author:

 

Private Secretary

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 :

Draft Covid-19 (Capacity and Self-Determination) (Jersey) Regulations 202-

Date of Written Report:

6th May 2020

Written Report Author:

Senior Policy Officer

Written Report:

Public or Exempt?

(State clauses from Code of Practice booklet)

Public

Subject: Draft Covid-19 (Capacity and Self-Determination) (Jersey) Regulations 202- Decision to lodge “au Greffe”

Decision(s): The Minister for Health and Social Services approved for lodging “au Greffe” the Draft Covid-19 (Capacity and Self-Determination) (Jersey) Regulations 202-.

Reason(s) for Decision: The draft Regulations amend some of the existing statutory requirements set out in the Capacity and Self-Determination (Jersey) Law 2016 in order that services can continue to function during the Covid-19 period. 

 

Specifically, the draft Regulations change the authorisation process associated with imposing ‘significant restrictions of liberty’ on a person who lacks capacity but, in doing so, the draft Regulations also provide the safeguards necessary to protect the rights of those individuals.

 

The previous draft Regulations of the same title, lodged as P.47/2020, are simultaneously withdrawn. The draft Regulations being submitted for lodging contain the provisions as included in P.47, with additional provisions as summarised in the report.

Action required: The Minister’s Private Secretary will inform the Greffier of the States of this decision and request that the draft Regulations be lodged “au Greffe” for debate by the States Assembly at the 12th May sitting.

Signature:

 

 

Position:

Minister for Health and Social Services

 

Date Signed:

 

 

Date of Decision (If different from Date Signed):

 

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