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Long-term Care (Jersey) Law 201- - Draft

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 6 June 2011:

Decision Reference:  MD-S-2011-0041

Decision Summary Title :

DS – Long-term Care (Jersey) Law 201-

Date of Decision Summary:

6 June 2011

Decision Summary Author:

Policy Principal

Decision Summary:

Public or Exempt?

Public

Type of Report:

Oral or Written?

Written

Person Giving

Oral Report:

N/A

Written Report

Title :

WR – Long-term Care (Jersey)  Law 201-

Date of Written Report:

6 June 2011

Written Report Author:

Policy Principal

Written Report :

Public or Exempt?

 

Public

Subject:  Lodge the draft Long-term Care (Jersey) Law 201-

Decision(s): The Minister decided to lodge ‘au Greffe’ for States debate the draft Long-term Care (Jersey) Law 201-.

Reason(s) for Decision: The new law makes provision for the long-term health care of Jersey residents by setting up a long-term care fund that pays a long-term care benefit to eligible adults. The Law gives effect to commitments given by the Minister for Social Security to proceed with a new scheme following public consultation around a Green Paper published in 2010, leading to proposals set out in a White Paper published later that year. The benefit will help fund long-term care delivered in an approved care home on the Island or fund an approved package of care at home for those adults eligible for the benefit as determined by a care assessment and residency rules.

Resource Implications:  This Law in itself does not have any financial and manpower implications, but it does provide for Regulations and Orders that will.  The costs of developing the scheme ahead of any funding available through contribution liability will be borne from existing resources. During the development and implementation phase there will be a requirement to seek temporary manpower to carry out specific tasks such as the assessment of existing care recipients.

Action required: Policy Principal to request that the Greffier of the States lodges ‘au Greffe’ the above-mentioned projet by 7 June 2011 and lists it for States debate as soon as possible at the meeting commencing 18 July 2011.

Signature:

 

 

Position:

Minister

 

Date Signed:

 

 

Date of Decision (If different from Date Signed):

 

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