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Historic Abuse Redress Scheme - Delegation of Authority

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 3 August 2012:

Decision Reference:     MD-HSS-2012-0027

Decision Summary Title:

Historic Abuse Redress Scheme- Delegation of authority

Date of Decision Summary:

25/07/12

Decision Summary Author:

 

Assistant Director, Ministerial Support

 

Decision Summary:

Public or Exempt?

 

 Public

Type of Report:

Oral or Written?

Oral

Person Giving

Oral Report:

Assistant Director, Ministerial Support

Written Report

Title :

N/A

Date of Written Report:

N/A

Written Report Author:

N/A

Written Report :

Public or Exempt?

 

N/A

 

Subject:

 Historic Abuse Redress Scheme delegation of authority.

Decision(s):

The Minister delegates authority to the Managing Director of Community & Social Services to make the following decisions in relation to the Historic Abuse Redress Scheme, namely;

1)      The acceptance or rejection of claims in whole or in part in relation to the Scheme;

2)      The determination of the appropriate quantification of any accepted claims;

3)      The making of offers and negotiating settlement with the claimant or their legal advisors in relation to the quantification of claims, together with the provision of funds for any necessary treatment and any legal or other costs incurred by the claimant; and

4)      The entering into and execution of settlement agreements with claimants and taking all necessary actions to put the terms of any agreed settlement into effect. 

 

The decisions are to be taken after consultation between the Managing Director of Community & Social Services and the Scheme Lawyers (namely Mourant Ozannes) and upon receipt of written advice from Mourant Ozannes. 

 

The Managing Director of Community & Social Services is to take such decisions within the parameters of the Scheme as set and defined by the Council of Ministers.

Reason(s) for Decision:

The decision enables the efficient processing of claims whilst maintaining the political oversight of the parameters of the scheme.

Resource Implications:

There are no additional resource implications of this decision.

 

 

Action required:

  1. Inform the Treasury & Resources Department and Mourant Ozannes of the change in process in relation to the processing of claims.
  2. Modify approval letter sign off, deleting signature of HSSD Minister.

 

Signature:

 

Position:

Minister for Health and Social Services  

Date Signed:

 

Date of Decision:

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