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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 20 February 2012:

Decision Reference: MD-E-2012-0019
Decision Summary Title :	Delegation of functions		Date of Decision Summary:	14th February 2012
Decision Summary Author:	Performance and Operations Manager		Decision Summary: Public or Exempt? (If 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 :	Delegation of functions		Date of Written Report:	14th February 2012
Written Report Author:	Performance and Operations Manager		Written Report : Public or Exempt? (State clauses from Code of Practice booklet)	Public
Subject: Delegation of functions
Decision(s): The Minister rescinded MD-E-2012-0002, and in accordance with States of Jersey Law 2005, Article 28, the Minister approved the list of delegations in the Schedule attached to the report and agreed that the delegations should be reported to the States.
Reason(s) for Decision: Article 28 of the States of Jersey Law 2005 enables a Minister to delegate functions to one of his or her Assistant Ministers or officers. In order for effective functioning of the Department, the Minister has decided on delegations as set out in the report. This decision rescinds MD-E-2012-0002 to provide an amended list of Delegations
Resource Implications: There are no financial or manpower implications.
Action required: Forward to Greffier of the States and Publications Editor, for submission to the States as a Report.
Signature: Senator AJH Maclean		Position: Economic Development Minister
Date Signed:		Date of Decision (If different from Date Signed):