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Law Drafting - Electronic Communications.

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 (03/08/2006) regarding Approval of Law Drafting instructions in relation to the Electronic Communications (Jersey) Law.

Subject:

Approval of Law Drafting instructions in relation to the Electronic Communications (Jersey) Law

Decision Reference:

MD-E-2006-0130

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

Electronic Communications (Jersey) Law – Law Drafting Instructions

Written report – Author

(name and job title)

Paul de Gruchy, Director, Finance Industry Development

Decision(s):

To approve law drafting instructions in respect of the Electronic Communications (Jersey) Law.

To request that the amendment to the Law scheduled to be debated by the States in September be withdrawn.

Reason(s) for decision:

The current Law is in many respects over-complex and does not encourage the use of electronic communication. An amendment has been approved by the Minister and lodged for debate by the States in September, but it is now felt that a more radical amendment should be made that will simplify the Law dramatically, with significant benefits to all of those affected by the Law.

Action required:

PDG to liaise with the law draftsman with a view to bringing forward an amendment to the Electronic Communications Law as soon as possible, and to liaise with the Publications Editor at the States Greffe with a view to withdrawing the previous amendment to the Law, which is scheduled to be debated by the States in September..

Signature:

Senator Philip Ozouf

(Minister)

Date of Decision:

3 August 2006

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