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Approval of Insurance Business.

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 (28/06/2006) regarding Approval of the Insurance Business (Amendment No. 5) (Jersey) Law 200-.

Subject:

Insurance Business (Amendment No.5) (Jersey) Law 200-

Decision Reference:

MD-E-2006-0113

Exempt clause(s):

 

Type of Report:

(oral or written)

Written

Person Giving Report (if oral):

 

Telephone or

e-mail Meeting?

 

Report

File ref:

 

Written report – Title

Insurance Business (Amendment No.5) (Jersey) Law 200-

Written report – Author

(name and job title)

Paul de Gruchy, Director, Finance Industry Development

Decision(s):

To approve the Insurance Business (Amendment No.5) (Jersey) Law 200-, and instruct the Director, Finance Industry Development, to notify the Publications Editor and the Assistant Greffier of the States that the Amendment can be lodged for consideration by the States at the earliest opportunity.

Reason(s) for decision:

The changes proposed will replace an existing provision of the Law that requires the Royal Court to ask, when faced with an application for the transfer of insurance business in Jersey, whether the Minister has any comment to make with a requirement that that question be addressed to the Commission. This is sensible, as insurance business is a highly technical area, and only the Commission has the expertise required to evaluate the actuarial report in relation to an insurance transfer and form a view as to whether existing policy holders in Jersey are adequately protected within the proposal. The Commission and the Court will provide natural safeguards to ensure that such persons are not prejudiced by any transfer.

Action required:

Paul de Gruchy to request the Publications Editor and the Assistant Greffier of the States to lodge the draft amendment with a view to the amendment receiving States approval at the earliest opportunity.

Signature:

Senator Philip Ozouf

(Minister)

Date of Decision:

28 June 2006

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