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Children's Commissioner Law: Law drafting instructions

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 21 August 2018

MINISTERIAL DECISION REFERENCE: MD-H-2018-0015

Decision Date: 10th August 2018

DECISION SUMMARY TITLE: Children’s Commissioner Law – Law Drafting Instructions

DECISION SUMMARY AUTHOR:

Director Children’s Policy, Strategic Policy, Performance and Population

IS THE DECISION SUMMARY PUBLIC OR EXEMPT?  (if exempt state the relevant article/paragraph of the Freedom of Information Law/Regulations)

Public

REPORT TITLE: Children’s Commissioner Law – Law Drafting Instructions

REPORT AUTHOR OR NAME OF PERSON GIVING REPORT:  (if different from Decision  Summary Author)

Director Children’s Policy, Strategic Policy, Performance and Population

IS THE REPORT PUBLIC OR EXEMPT  (if exempt state the relevant article/paragraph of the Freedom of Information Law/Regulations)

Public

DECISION AND REASON FOR THE DECISION:

 

The Minister authorised Officers in Strategic Policy, Performance and Population to instruct the Principal Legislative Drafter to draft legislation to establish the role and functions of, and ascribe powers to, a Children’s Commissioner for Jersey.

 

RESOURCE IMPLICATIONS:

 

None as a consequence of this Decision.

 

ACTION REQUIRED:

 

Officers to instruct the Principal Legislative Drafter as required.

 

SIGNATURE:

 

 

 

POSITION:

 

Senator Sam Mézec

Minister for Children and Housing

DATE SIGNED:

EFFECTIVE DATE OF THE DECISION:

 

 

 

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