Economic Development: Delegation of functions

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 on 6 February 2015:

Decision Reference: MD-E-2015-0012
Decision Summary Title :	Amendment to the delegation of functions		Date of Decision Summary:	04 February 2015
Decision Summary Author:	Strategy Manager, EDD		Decision Summary: Public or Exempt? (State clauses from Code of Practice booklet)	Public
Type of Report: Oral or Written?	Oral		Person Giving Oral Report:	Strategy Manager, EDD
Written Report Title :	None		Date of Written Report:	N/A
Written Report Author:	N/A		Written Report : Public or Exempt? (State clauses from Code of Practice booklet)	N/A
Subject: Amendment to the delegation of functions by the Minister in respect of liquor licensing policy.
Decision(s): The Minister under Article 28 of the States of Jersey Law 2005 approved the delegation of responsibility to his Assistant Minister the Connétable of St. Brelade for policy relating to liquor licensing, including the development of a new Liquor Licensing Law and the associated decisions in respect of that legislative development.
Reason(s) for Decision: Given his involvement with a business holding a liquor licence, notwithstanding that this is residual and limited, the Minister considers that matters of licensing policy would be more appropriately dealt with by the Assistant Minister.
Resource Implications: There are no resource implications for the States.
Action required: The delegation is to be noted. Such delegations are usually presented to the Assembly as Reports – although no statutory functions are involved this will be done in this case to ensure the matter is properly recorded. The Greffier of the States to be requested to arrange for the Report to be presented to the States for their information.
Signature: Senator L J Farnham		Position: Minister for Economic Development
Date Signed:		Date of Decision (If different from Date Signed):