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Shipping Incident: Commodore Goodwill and L'Ecume II: 8 December 2023: Authorisation of Inquiry

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 6 January 2023:

Decision Reference:  MD-ETS-2023-832

Public

Subject: Ministerial approval: POJL investigation under Shipping (Jersey) Law 2002 with reference to previous decision MD-ETS-2022-779

 

Report Title: Ministerial approval: POJL investigation under Shipping (Jersey) Law 2002 with reference to previous decision MD-ETS-2022-779

Public

Decision(s):

The Minister, with reference to his Ministerial Decision MD-ETS-2022-779:Maintained his authorisation for an inquiry in accordance with Article 166(1) of the Shipping (Jersey) Law 2002 for the purposes of determining the circumstances and cause of the collision of Commodore Goodwill and L’Ecume II on 8th December 2022;Endorsed the progression of the inquiry as per a) above by way of a joint investigation with the Bahamas Maritime Authority, and with the Assistant Director, Bahamas Maritime Authority acting as lead investigator; Authorised the Harbour Master to conclude and sign a suitable memorandum of understanding with the Bahamas Maritime Authority to formalise arrangements for the progression of the joint inquiry. Noted the engagement of the Maritime Industry Authority of the Philippines as a Substantially Interested State party to the inquiry; Reserved the right to require a separate inquiry report from the Maritime Standards Manager in the event of irreconcilable disagreement with respect to the conclusions and / or recommendations arrived at by the joint inquiry.

Reason for Decision(s):

To determine the circumstances and cause of the collision of Commodore Goodwill and L’Ecume II on 8th December 2022.

Resource Implications: None

 

Action Required: Department to take necessary action.

Signature:

 

 

Signed By: Minister for Economic Development, Tourism, Sport and Culture

Date Signed:

 

 

Date of Decision (If different from Date Signed):

 

 

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