Adoption (Amendment No. 6) (Jersey) Law 201-

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 21 June 2013:

Decision Reference: MD-C-2013-0056
Decision Summary Title :	Draft Adoption (Amendment No. 6) (Jersey) Law 201-.		Date of Decision Summary:	14th June 2013
Decision Summary Author:	Project and Research Officer		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 :	Draft Adoption (Amendment No. 6) (Jersey) Law 201-.		Date of Written Report:	14th June 2013
Written Report Author:	Project and Research Officer		Written Report : Public or Exempt? (State clauses from Code of Practice booklet)	Public
Subject: Draft Adoption (Amendment No. 6) (Jersey) Law 201-.
Decision(s): The Deputy Chief Minister, on the recommendation of the Legislation Advisory Panel, agreed to lodge ‘au Greffe’ the draft Adoption (Amendment No. 6) (Jersey) Law 201- for States debate at the earliest opportunity.
Reason(s) for Decision: The purpose of this law is to amend The Adoption (Jersey) Law 1961 by repealing paragraph (3) of Article 11 which prevents a single male from adopting a female child unless the Court determines that there are “special circumstances”. This follows the Royal Court’s call for the repeal of the provision in question following the referral of 2 adoption cases in which a male applicant sought the ability to adopt a female infant. In both cases the Court ruled in favour of the male applicant. In its written judgement the Court felt that the wording and rationale of the said provision clearly indicated a pre-disposition on the part of the legislature of the time that an adoption order in respect of a female should not generally be made in favour of a sole male applicant. This was felt to be based on an outdated rationale that understood men to pose a de facto risk to female infants. Secondly, it was felt that the provision defeated the very essence and social purpose of adoption by depriving children of the possibility of a loving and stable family life. Article 3 of the 1961 Law, which imposes a duty on the Royal Court to promote the welfare of the child in reaching any decision relating to the adoption of infants, would be unaffected by this amendment.
Resource Implications: There are no resource implications for the States.
Action required: The Greffier of the States to be requested to lodge ‘au Greffe’ the draft Adoption (Amendment No. 6) (Jersey) Law 201- for States debate at the earliest opportunity.
Signature:		Position: Deputy Chief Minister
Date Signed:		Date of Decision (If different from Date Signed):