Government of Jersey

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 (23/06/2009) regarding: Water Catchment Management Project – authorise the sharing of land use information.

Decision Reference: MD-E-2009-0102
Decision Summary Title	Water Catchment Management Project – authorise the sharing of land use information		Date of Decision Summary:	18/06/09
Decision Summary Author:	Assistant Director Environmental Management and Rural Economy		Decision Summary: Public or Exempt?	Public
Type of Report: Oral or Written?	Written		Person Giving Oral Report:	n/a
Written Report Title	Water Catchment Management Project – authorise the sharing of land use information		Date of Written Report:	18/06/09
Written Report Author:	Assistant Director Environmental Management and Rural Economy		Written Report : Public or Exempt?	Public
Subject: Water Catchment Management Project – sharing of land use information with Planning and Environment
Decision(s): The Minister endorsed the rationale behind the request by the Planning and Environment Department to use land-use data collected and held by Economic Development and authorized the data sharing request, as detailed in the Ministerial Decision and report.
Reason(s) for Decision: The Planning and Environment Department is introducing a voluntary pilot scheme (the Water Catchment Management Scheme, consistent with the aims of the EU Water Framework Directive) in order to raise awareness of diffuse pollution from agriculture and provide advice and assistance to farmers and land owners in implementing control measures for diffuse water pollution. Land-use information is a basic requirement of this scheme. Land-use information can be acquired in a number of ways some of which may be laborious and costly. The data is already collected and stored in a user-friendly format by Economic Development (Rural Economy) for the purposes of the ‘Single Area Payment’ subsidy. It is proposed that the data be obtained from this source to avoid replication of effort.
Resource Implications: None
Action required: Authorise sharing of Economic Development (Rural Economy Team) ‘Single Area Payment’ data with the Planning and Environment Department (Environmental Protection). Formulate text to be included on future Single Area Payment forms (2009 and beyond) to be sent to farmers, so that they are aware of and consent to the additional use of their information. Suggested wording: “Please note that the information on this form will be provided to the Planning and Environment Department and may be used for the purpose of land use analysis and mapping. All data is processed in accordance with data protection legislation”.
Signature: Senator Alan Maclean		Position: Minister for Economic Development
Date Signed:		Date of Decision (If different from Date Signed):