Cremation (Amendment No 15) (Jersey) Regulations: Appointment of medical referees

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 18 July 2011:

Decision Reference: MD-HSS-2011-0030
Decision Summary Title :	Appointment of medical referees under Cremation (Amendment No. 15) (Jersey) Regulations		Date of Decision Summary:	11 July 2011
Decision Summary Author:	Acting Medical Officer of Health		Decision Summary: Public or Exempt?	Public
Type of Report: Oral or Written?	Written		Person Giving Oral Report:	-
Written Report Title :	Appointment of medical referees under Cremation (Amendment No. 15) (Jersey) Regulations		Date of Written Report:	11 July 2011
Written Report Author:	Acting Medical Officer of Health		Written Report : Public or Exempt?	Public
Subject: Appointment of medical referees under Cremation (Amendment No. 15) (Jersey) Regulations.
Decision(s): The Minister approved the appointment of seven suitably qualified Medical Referees under the Cremation (Amendment No 15.) (Jersey) Regulations, thereby investing in them the powers to grant or refuse cremation as currently delegated to the States Medical Officer of Health (MOH). These seven Medical Referees include: Dr Andrew Luksza Mr Martyn Siodlak Dr Ivan Muscat Dr Neera Watts Dr Carolyn Coverley Dr Dale Harrison Dr Miguel Garcia Alvaraz
Reason(s) for Decision: To ensure that the role of Medical Referee is delivered by a team of suitably experienced doctors, thus reducing the current critical dependency on the availability of the MOH.
Resource Implications: No resource implications.
Action required: MoH to inform Crematorium Superintendent.
Signature:		Position: Minister for Health and Social Services
Date Signed:		Date of Decision (If different from Date Signed):

Cremation (Amendment No 15) (Jersey) Regulations: Appointment of medical referees

Appointment of medical referees under Cremation (Amendment No. 15) (Jersey) Regulations

Introduction

In June 2011 the States of Jersey adopted a proposed amendment to the provisions made under the Cremation (Jersey) Regulations 1961. This amendment allowed for the Minister to grant to a team of medical referees the power to grant or refuse an application for cremation.

The powers had currently only been vested in the Medical Officer of Health (MOH) creating a single point of dependency which, in turn, created the potential for delay. Vesting the powers in one or more medical referees, creates a more resilient and efficient team approach.

A medical referee may give ‘authority to cremate’ when they are satisfied that an application for cremation is in order. It is the final check that there is no reason why a body may not be disposed of by cremation, after which time no post mortem examination of the remains would be possible. It is an important safeguard enabling further enquiries to be made, such as if there was any doubt as to the cause of death, any suspicious circumstances / any reason why the death should be referred to the Deputy Viscount (in his role as Coroner) or his advice sought. The vast majority of cremation authorisations are straightforward and simple to process and authorise.

Medical Referees – the appointment process

MOH, with regard to the UK Ministry of Justice guidance on appointment of Medical Referees has recommended seven doctors for appointment to the Minister. The MOH is satisfied that each is:

A registered medical practitioner of at least 5 year’s standing
A colleague of good professional standing with the character, experience and qualifications required of a medical referee.
A colleague with no record of any complaints, hearings or warnings to / by the General Medical Council

Those doctors are:

Dr Andrew Luksza
Mr Martyn Siodlak
Dr Ivan Muscat
Dr Neera Watts
Dr Carolyn Coverley
Dr Dale Harrison
Dr Miguel Garcia Alvaraz

Financial Implications: Within existing resources.

Dr Susan Turnbull

Acting MOH

July 2011