EU Fisheries Control Regulations: Law Drafting Instructions

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 8 April 2011:

Decision Reference: MD-E-2011-0049
Decision Summary Title :	Law drafting instructions to implement EU Fisheries Control Regulations		Date of Decision Summary:
Decision Summary Author:	Senior Fisheries Inspector		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 :	Law drafting to implement EU Fisheries Control Regulations.		Date of Written Report:	23 March 2011
Written Report Author:	Senior Fisheries Inspector		Written Report : Public or Exempt? (State clauses from Code of Practice booklet)	Public
Subject: EU Fisheries Control Regulations – law drafting instructions
Decision(s): The Minister agreed that local fisheries regulations should be amended to reflect the relevant aspects of European Council Regulation (EC) No. 1224/2009 and associated regulations and requested that the Law Draftsman prepare the necessary draft legislation on the basis of a brief to be provided by the Department.
Reason(s) for Decision: Under the terms of the Jersey/UK Fisheries Management Agreement (FMA) Jersey is obliged to keep the rules and law relating to the regulation of fishing and the management and conservation of sea fish in the territorial sea consistent with the requirements of the European Community.
Resource Implications: There are no financial or manpower implications.
Action required: The Senior Fisheries Inspector to submit law drafting instructions to the Law Draftsmen.
Signature: Senator Alan Maclean		Position: Minister for Economic Development
Date Signed:		Date of Decision (If different from Date Signed):