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Health and Community Services - Ministerial delegation of authority to officers for the Mental Health (Jersey) Law 2016

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 on 4 July 2019

Decision Reference:       MD-HSS-2019-0034

Decision Summary Title

Health and Community Services – Ministerial delegation of authority to officers for the Mental Health (Jersey) Law 2016

 

Date of Decision Summary:

9th July 2019

Decision Summary Author:

 

Head of Community Mental Health Services

 

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 :

Delegation of authority to officers for the Mental Health (Jersey) Law 2016

Date of Written Report:

9th July 2019

Written Report Author:

Head of Community Mental Health Services

Written Report :

Public or Exempt?

(State clauses from Code of Practice booklet)

Public

Subject: To delegate to the Mental Health Law Administrator (“MHLA”) (and any deputy MHLA as may be appointed and any officer authorised to act in the absence of the MHLA or deputy) the function of approving registered medical practitioners as approved practitioners under Article 16 of the Mental Health (Jersey) Law 2016 (the “2016 Law”), as further described in the attached report.

 

Decision(s):  Having been briefed by his officers, the Minister for Health and Community Services under Article 28 of the States of Jersey Law 2005 approved delegation of responsibility for all Ministerial functions provided for in Article 16 of the 2016 Law to the Mental Health Law Administrator (and any deputy MHLA as may be appointed and any officer authorised to act in the absence of the MHLA or deputy), as further described in the attached report.

 

This Ministerial Decision replaces that part of the Ministerial Decision signed on 21 November 2018 (MD-HSSS-2018-0058) as far as it relates to Article 16 of the 2016 Law.

 

Reason(s) for Decision: The Minister considers it necessary for the proper operation of Article 16 of the 2016 Law and associated matters for Ministerial functions specified in that provision to be delegated to the MHLA.

 

For the purposes of this delegation, it is also noted that it is expected that, on or around the date of this Ministerial Decision, the Minister will, by Ministerial Order, make an amendment to the Mental Health (Miscellaneous Provisions and Prescribed Forms) (Jersey) Order 2018 (the “2018 Order”) (the “Amendment”). The Amendment, when made, will substitute new provisions about the evidence that has to be produced to satisfy the Minister in order for a registered medical practitioner to be an approved practitioner for the purposes of the 2016 Law. The principal change is that where the Minister intends to limit that approval to being able to sit on a Mental Health Review Tribunal, the only evidence needed (in addition to holding a full registration with licence to practise from the General Medical Council) is that the registered medical practitioner has such degree of experience or training in mental health matters as would reasonably be expected to provide him or her with enough understanding of the medical issues likely to arise before that Tribunal to be an effective medical member.

 

It is intended that the approval of registered medical practitioners who are general practitioners under Article 16 of the 2016 Law as approved practitioners for the purposes of being considered to be eligible for appointment as medical members to the Mental Health Review Tribunal Panel should be time limited. The effect of this will be that after the expiry of a period of time the approval of the registered medical practitioners approved in this way will cease. The reason for doing this is that, while in the short-term it is necessary for general practitioners to be eligible to sit as medical members on the Tribunal, the Minister’s policy objective is that, in the long-term, off-island specialists should be recruited by the Tribunal to act as medical members. Time limiting the approval of general practitioners provides a policy incentive to move toward recruiting off-island practitioners and provides a point by which the role of general practitioners sitting as medical members can be reviewed by the Minister, the MHLA, Tribunal and HCS officers.

 

As such, the delegation of that part of the Minister’s authority to the MHLA to approve registered medical practitioners as approved practitioners for the purposes of being considered eligible for appointment to the Mental Health Review Tribunal Panel is subject to the MHLA only making such approvals for 6 months at a time, subject to renewal by the MHLA as each case requires. In addition, the MHLA is required, in exercising the Minister’s functions in this regard (ie only for the approval of general practitioners as approved practitioners) under Article 16, to impose the following terms and conditions on each approval granted –

 

  1. The approval of the named registered medical practitioner as an approved practitioner is for the purpose of that registered medical practitioner exercising the powers under the 2016 Law given to approved practitioners only to the extent of being qualified to be appointed as (and therefore having the authority to discharge the functions of) a medical member of the Mental Health Review Tribunal Panel under Article 47 of the 2016 Law.

 

  1. The approval of the named registered medical practitioner will expire on a date to be specified in the approval that is no more than 6 months from the date the approval is granted, subject to being renewed by the MHLA for a period not exceeding 6 months.

 

The requirements as to the approval by the MHLA of registered medical practitioners who are general practitioners, for the purposes of being considered eligible for appointment to the Mental Health Review Tribunal, does not otherwise affect the MHLA’s authority to approve registered medical practitioners as approved practitioners under Article 16 of the 2016 Law.

Resource Implications: None.

 

Action required: To request the Greffier of the States to arrange for the Report to be presented to the States Assembly. Delegation to come into force immediately.

 

Signature:

 

 

Position:

Minister for Health and Community Services

 

Date Signed: [ ] 2019

 

 

Date of Decision (If different from Date Signed):

 

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