Jersey Ethical Care Charter: Amendment

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 26 June 2017:

Decision Reference: MD-HSS-2017-0062
Decision Summary Title :	Amendment to P48/2017 Jersey Ethical Care Charter		Date of Decision Summary:	23 June 2017
Decision Summary Author:	Assistant Director – Policy, Communications and Ministerial Support		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 :	Amendment to P48/2017 Jersey Ethical Care Charter		Date of Written Report:	23 June 2017
Written Report Author:	Director, Social Policy: Community and Constitutional Affairs Department		Written Report : Public or Exempt? (State clauses from Code of Practice booklet)Exempt	Public
Subject: Submission of Amendment to P48/2017
Decision(s) and reasons for the decision: The Minister for Health and Social Services welcomed the proposal for the introduction of an ethical care charter for Jersey (a “Charter”) that would complement the Regulation of Care (Jersey) Law 2014. However, whilst supportive of the concept, the Minister for Health and Social Services decided to lodge an amendment to P.48/2017 in order to: provide key stakeholders, including the Jersey Care Commission, local care providers and care recipients with an opportunity to consider the contents of the proposed charter and whether it, or an alternative formulation, would be more appropriate for Jersey maintain the concept of a voluntary charter, as opposed to a statutory charter, and protect the independence of the Jersey Care Commission.
Resource Implications: There are no resource implications associated with this proposed amendment. Any costs associated with stakeholder consultation will be managed from within existing departmental budgets.
Action required: The Greffier of the States to be requested to arrange for the proposed amendment to P48/2017 to be lodged ‘au Greffe’ on the earliest possible date.
Signature:		Position: Minister for Health and Social Services
Date Signed:		Date of Decision (If different from Date Signed):