Skip to main content Skip to accessibility
This website is not compatible with your web browser. You should install a newer browser. If you live in Jersey and need help upgrading call the States of Jersey web team on 440099.
Government of Jerseygov.je

Information and public services for the Island of Jersey

L'înformâtion et les sèrvices publyis pouor I'Île dé Jèrri

  • Choose the service you want to log in to:

  • gov.je

    Update your notification preferences

  • one.gov.je

    Access government services

  • CAESAR

    Clear goods through customs or claim relief

  • Talentlink

    View or update your States of Jersey job application

Appointment of Medical Referee for Cremations

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 September 2016:

Decision Reference:       MD-HSS-2016-0054

Decision Summary Title :

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

Date of Decision Summary:

22nd September 2016

Decision Summary Author:

 

Medical Officer of Health

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 :

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

Date of Written Report:

22nd September 2016

Written Report Author:

Medical Officer of Health

Written Report :

Public or Exempt?

(State clauses from Code of Practice booklet)

Public

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

Decision(s):  The Minister approved the appointment of one suitably qualified Medical Referee under the Cremation (Amendment No 15) (Jersey) Regulations, thereby investing in her the powers to grant or refuse authority for cremation as currently delegated to the States of Jersey Medical Officer of Health (MOH).  The Medical Referees is:

 

  • Dr Sarah Whiteman

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 Medical Officer of Health.

Resource Implications: No resource implications

Action required:  Medical Officer of Health to inform Crematorium Superintendent

Signature:

 

 

Position:

Minister for Health and Social Services

Date Signed:

Date of Decision (If different from Date Signed):

 

Appointment of Medical Referee for Cremations

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

 

Background

 

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

 

The Medical Officer of Health, with regard to the UK Ministry of Justice guidance on appointment of Medical Referees, has recommended one additional doctor for appointment to the Minister, to ensure robustness of the process in the absence of the Medical Officer of Health.   The MOH is satisfied that the doctor 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 medial referee
  • A colleague with no record of any complaints, hearings or warnings to / by the General Medical Council.

 

This doctor is:-

 

  • Dr Sarah Whiteman

 

Dr Whiteman is not replacing another doctor, but is an additional referee, to ensure there are always sufficient referees to call upon in the absence of the Medical Officer of Health.  Due to the nature of their work, not all medical referees are available at very short notice, and this can sometimes be a requirement of the referee, in order that cremations paperwork is completed in a timely fashion.

 

Financial Implications:  Within existing resources

 

 

 

Dr Susan Turnbull

Medical Officer of Health

September 2016

 

 

Back to top
rating button