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Freedom of Information: Extension to named companies owned or controlled by the States - law drafting instruction

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 14 April 2022

Decision Reference:  MD-CM-2022-233

Public

Subject: Law Drafting Instruction - Freedom of Information: Extension to named Companies Owned or Controlled by the States

 

Report Title: Law Drafting Instruction - Freedom of Information: Extension to named Companies Owned or Controlled by the States

Public

Decision(s):

The Chief Minister authorised the Ministerial Office to instruct the Legislative Drafting Office (LDO) to draft Regulations to amend Schedule 1 of the Freedom of Information (Jersey) Law 2011, in order to extend its remit to identified companies wholly and partly owned by the States. The Chief Minister further requested that the LDO be instructed to draft the necessary legislative amendments to protect companies, their interests and investor relations in a commercial environment, which had been identified through stakeholder engagement.

Reason for Decision(s):

In 2014, the Assembly adopted proposition P.149/2014, lodged by the Deputy of Grouville, which sought to extend Freedom of Information legislation to companies owned or controlled by the States. During this Government and the last Government, other priorities have occupied the Council of Ministers. Whilst it is not possible to lodge a proposition to debate the proposed legal changes during this Assembly, considering the previous decision of the Assembly, the outgoing Chief Minister wishes the legislation to be ready for the incoming Government. There has been engagement with various stakeholders in regards to considerations such as administrative impact, organisational risk, commercial sensitivity, and third party interests. The work to engage these various stakeholders is concluding in order that the legislation can be ready for the incoming Government.

Resource Implications: There are no new financial and/or manpower implications.

 

Action Required: The Ministerial Office to instruct the Law Drafting Office (LDO) to draft Regulations to amend schedule 1 to extend the Law, as outlined above, and to draft necessary legislative amendment to protect commercial interests in competitive environments, and appropriate safeguard investor relations.

Signature:

 

 

Signed By: Senator John Le Fondré, Chief Minister

Date Signed:

 

 

Date of Decision (If different from Date Signed):

 

 

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