Long-Term Care Services (Health and Social Services Charges) (Jersey) Order 2014: Amendment: 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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 14 January 2016:

Decision Reference: MD-HSS-2016-0004
Decision Summary Title :	Amendment of the Long-Term Care Services (Health and Social Service Charges) (Jersey) Order 2014 by removing Article 3(b)		Date of Decision Summary:	6 January 2016
Decision Summary Author:	Director – Older Adult Services		Decision Summary: Public or Exempt? (State clauses from Code of Practice booklet)	Public
Type of Report: Oral or Written?	Written		Person Giving Oral Report:
Written Report Title :	Amendment of the Long-Term Care Services (Health and Social Service Charges) (Jersey) Order 2014 by removing Article 3 (b)		Date of Written Report:	18 December 2015
Written Report Author:	Director – Older Adult Services		Written Report : Public or Exempt? (State clauses from Code of Practice booklet)	Public
Subject: To Allow the Minister to recover a charge for long term care from people subject to Guardianship under Articles 14 and 16 of the Mental Health (Jersey) Law 1969 (The 1969 Law) through an amendment of the Long-Term Care Services (Health and Social Service Charges ) (Jersey) Order 2014.
Decision(s): The Minister approved the removal of Article 3 (b) from the Long-Term Care Services (Health and Social Service Charges) (Jersey) Order 2014 and decided to instruct the Law Draftsman accordingly.
Reason(s) for Decision: In order to act compatibly with the European Convention on Human Rights it is essential that people are only deprived of their liberty if that deprivation is authorised following a procedure prescribed by law that is subject to sufficient safeguards. The Minister has been advised by the law officers department that Articles 14 and 16 of the Mental Health (Jersey) Law 1969 provide such safeguards. This will result in a significant increase in the numbers of people who will require guardianship under the mental health law. Those people who become subject to deprivation of liberty safeguards through the guardianship process should continue to be eligible to access the long-term care scheme.
Resource Implications: None
Action required: For the Minister to instruct the Law Draftsman to remove Article 3 (b) from the Long-Term Care Services (Health and Social Service Charges) (Jersey) Order 2014.
Signature:		Position: Minister for Health and Social Services
Date Signed:		Date of Decision (If different from Date Signed)