Amendment (No.19) of the Standing Orders of the States of Jersey

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 16 April 2012:

Decision Reference: MD-TR-2012 -0041
Decision Summary Title:	Amendment (No. 19) of the Standing Orders of the States of Jersey		Date of Decision Summary:	12 April 2012
Decision Summary Author:	Head of Decision Support		Decision Summary: Public or Exempt?	Public
Type of Report: Oral or Written?	Written		Person Giving Oral Report:	N/A
Written Report Title:	Amendments to States Standing Orders		Date of Written Report:	12 April 2012
Written Report Author:	Regulatory Advisor		Written Report : Public or Exempt?	Public
Subject: Lodge au Greffe Amendment (No. 19) of the Standing Orders of the States of Jersey.
Decision(s): The Minister approved Amendment (No. 19) of the Standing Orders of the States of Jersey and the accompanying report for lodging ‘au Greffe’ with a request for debate at the earliest opportunity.
Reason(s) for Decision: To enable Amendment (No. 19) of the Standing Orders of the States of Jersey to be lodged in order to set the States procedures for the consideration and debate of the Medium Term Financial Plan and Budget.
Resource Implications: There are no financial or manpower consequences as a result of the introduction of the proposed amendments.
Action required: The Greffier of the States to be requested to arrange for Amendment (No. 19) of the Standing Orders of the States of Jersey to be lodged ‘au Greffe’, with a request for debate at the earliest opportunity.
Signature:		Position: Senator P F C Ozouf, Minister for Treasury and Resources
Date Signed:		Date of Decision:

Standing Orders of the States of Jersey: Amendment No. 19: Lodge au Greffe

- 1 -

Treasury and Resources

Ministerial Decision Report

amendments to states standing orders

Purpose of Report

The purpose of this report is to gain approval from the Minister for Treasury and Resources to lodge Amendment (No. 19) of the Standing Orders of the States of Jersey.

Background
1. The Public Finances (Amendment No. 3) Law came into effect on 1st January 2012, which means that the States are now required to approve a Medium Term Financial Plan and new style Budget in 2012.

2.2 Previously States procedures for the Annual Business Plan and Budget were included within the Public Finances (Jersey) Law, however, when drafting the above Amendment (No. 3) a conscious decision was made to move all procedural matters relating to States business into States Standing Orders. The proposed proceeds have been incorporated into Amendment (No. 19) of the Standing Orders of the States of Jersey.

2.3 At its meeting of 7th December the States Assembly approved P176/2011 and agreed that the Medium Term Financial Plan should be lodged for a minimum 12 week period prior to debate. The proposition referred only to the lodging period of the MTFP, with no decisions reached on lodging times for amendments, or amendments to amendments nor was there any reference to the Budget. States members were informed that the new style Budget would be lodged for a minimum 6 week period.

2.4 The Privileges and Procedures Committee and Council of Ministers have considered Amendment (No. 19) and had no comments on its content. Privileges and Procedures Committee are also content that the proposed Amendment (No. 19) is taken forward by the Treasury and Resources Minister.

Amendments to States Standing Orders

3.1 The amendments to States Standing Orders cover:

Medium Term Financial Plan (MTFP)

a minimum 12 week lodging period for the MTFP;
a minimum 2 week lodging period for amendments to the MTFP;.
- a minimum 1 week lodging period for amendments to amendments for the MTFP;
- a minimum 6 week lodging period for an amendment to the MTFP under Article 9 of the Public Finances (Jersey) Law, 2005 (the minimum period for amendments (and amendments to amendments) to follow the usual procedures for those documents with a 6 week lodging period;
- the Chief Minister and the Minister for Treasury and Resources are able to propose an amendment without notice to the medium term financial plan (a continuation of the process followed for the Annual Business Plan and Budget). Standing Orders differentiate between:-
- those amendments which are necessary to address a contravention of the Public Finances (Jersey) Law - these should be capable of being debated without gaining the consent of the States to such a debate; and
- any other amendments brought forward by the Chief Minister or the Minister for Treasury and Resources is directed to the States so that they are able to consider whether to debate such an amendment either immediately or at another time.
- enable both the Chief Minister and the Minister for Treasury and Resources to request an adjournment in States business to consider the consequences of the approval of an amendment. The States debate is adjourned in accordance with the request.

Budget

a minimum 6 week lodging period;

allow for the Budget to follow the standard minimum lodging periods of:
- 2 weeks for amendments; and
- 1 week for amendments to amendments,

enable the Minister to retain the powers previously given in the Public Finances (Jersey) Law 2005 - that is the Minister for Treasury and Resources is able to propose an amendment without notice to the Budget if the States agree that the amendment could be debated forthwith or at a time approved by the States.

to bring forward amendments to the Budget which address a contravention of the Public Finances (Jersey) Law or for the introduction of legislation to effect Budget changes, without recourse to the States to approve such a debate;

the Minister for Treasury and Resources is able to call for an adjournment in the States Budget debate to consider the implications of an amendment(s).

Recommendation

It is recommended that the Minister for Treasury and Resources approves the lodging of Amendment (No. 19) of the Standing Orders of the States of Jersey.

Reason for Decision

The decision is required in order to progress amendments to set the States procedures for the consideration and debate of the Medium Term financial Plan to States Standing Orders to the States Assembly.

Resource Implications

There are no financial or manpower implications from this decision.

Report author : Regulatory Adviser	Document date 12/04/12
Quality Assurance / Review : Head of Decision Support	File name and path: L:\Treasury\Sections\Corporate Finance\Ministerial Decisions\DSs, WRs and SDs\2012-0041 -\WR - States Standing Orders to accomodate the MTFP and new style Budget 120412 mlw.doc
MD sponsor : Treasurer of the States