Health Services Disciplinary Tribunal: Membership

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 6 June 2011:

Decision Reference: MD-S-2011-0039
Decision Summary Title :	DS - Health Services Disciplinary Tribunal		Date of Decision Summary:	31 May 2011
Decision Summary Author:	Policy Principal		Decision Summary: Public or Exempt?	Public
Type of Report: Oral or Written?	Written		Person Giving Oral Report:	N/A
Written Report Title :	WR - Health Services Disciplinary Tribunal		Date of Written Report:	20 May 2011
Written Report Author:	Policy Principal		Written Report : Public or Exempt?	Public
Subject: Membership of the Health Services Disciplinary Tribunal
Decision(s): The Minister decided to present a proposition to the States to appoint the Tribunal Members from 1st August 2011 until 31st July 2014.
Reason(s) for Decision: The Health Services Disciplinary Tribunal is a Statutory Body within the Health Insurance legislation. Under the Health Insurance (Jersey) Law, 1967, the Social Security Minister has the power to take disciplinary action against any approved doctor or pharmacist whose conduct is believed to have a prejudicial effect on the administration and (or) created unreasonable cost to the Health Insurance Fund. If representation is made to the Minister regarding the conduct of a doctor or pharmacist then the matter is referred to the Tribunal. The members are appointed for a three year term; the Tribunal meets infrequently and has not met at all during the last period of office.
Resource Implications: There are no additional resource implications
Action required: Policy Principal to request the Greffier of the States to lodge the report and proposition for presentation to the States on the membership of the Tribunal (as detailed in the proposition) as soon as possible for debate at the meeting commencing 5th July 2011. .
Signature:		Position: Minister
Date Signed:		Date of Decision (If different from Date Signed):