Counter-Terrorism and Security Act 2015: Extension to Jersey by Order in Council

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 12 May 2017:

MINISTERIAL DECISION REFERENCE: MD-C-2017-0050
DECISION SUMMARY TITLE: States Assembly approval that an Order in Council be made to extend to Jersey – Draft Counter-Terrorism and Security (Jersey) Order 2017
DECISION SUMMARY AUTHOR:	Policy Officer Community and Constitutional Affairs	IS THE DECISION SUMMARY PUBLIC OR EXEMPT		Public
REPORT TITLE: Draft Counter-Terrorism and Security (Jersey) Order 2017
REPORT AUTHOR OR NAME OF PERSON GIVING REPORT:	Senior Legal Adviser Law Officers’ Department	IS THE REPORT PUBLIC OR EXEMPT		Public
DECISION AND REASON FOR THE DECISION: In accordance with Article 31(1) of the States of Jersey Law 2005, the Chief Minister approved for lodging ‘au Greffe’ a draft proposition and report seeking the approval of the States Assembly that a request be made to the Privy Council for the making of an Order in Council that would extend to Jersey, with the appropriate modifications and adaptations, the provisions of: Part 1 and Part 4 of the UK Counter-Terrorism and Security Act 2015; and Schedules 1, 2, 3, 4 and 5 to the said Act dependent on those Parts.
RESOURCE IMPLICATIONS: None as a consequence of this Ministerial Decision.
ACTION REQUIRED: The Policy Officer will inform the Greffier of the States of this Ministerial Decision and request that the draft Order in Council be lodged ‘au Greffe’ in order that the States may signify their views on it, as provided for in Article 31 (1) of the States of Jersey Law 2005. The Policy Officer further requests that this draft report and proposition be debated by the Assembly on the same date as the Counter-Terrorism and Security (Miscellaneous Amendments) (Jersey) Law 201- as lodged by the Minister for Home Affairs.
SIGNATURE:			POSITION: Senator Ian Gorst Chief Minister
DATE SIGNED:			EFFECTIVE DATE OF THE DECISION: