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Historical Child Abuse: Committee of Inquiry: Appointment of Legal Representation for Health and Social Services Department

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 4 April 2014:

Decision Reference:       MD-HSS-2014-0009

Decision Summary Title :

Appointment of Legal Representation for the Department in respect of the Independent Jersey Care Inquiry (“IJCI”)

Date of Decision Summary:

3 April 2014

Decision Summary Author:

 

Director of Community and Social Services

Decision Summary:

Public or Exempt?

(State clauses from Code of Practice booklet)

Public

Type of Report:

Oral or Written?

Oral

Person Giving

Oral Report:

Director of Community and Social Services

Written Report

Title :

-

Date of Written Report:

-

Written Report Author:

-

Written Report :

Public or Exempt?

(State clauses from Code of Practice booklet)

-

Subject:   Legal Representation for the Health and Social Services Department (“HSSD”) in matters relating to the IJCI

 

Decision(s): 

The Minister requests the Director of Community and Social Services, HSSD, to appoint Lacey Advocates, to act for HSSD in relation to all matters arising relating to and concerning the IJCI.

Reason(s) for Decision:

 

On 6 March 2013 the States of Jersey agreed that a Committee of Inquiry (COI) should be established in accordance with Standing Order 146 “to enquire into a definite matter of public importance, namely historical child abuse in Jersey”

 

HSSD, and other States Departments, require legal advice and representation in relation to various issues arising in relation to the IJCI.

 

There is the need for a consistent approach across all States of Jersey departments towards the IJCI.

 

Many of the anticipated issues arising requiring legal advice will be common across the departments.

 

Lacey Advocates currently act for the Minister as the lawyers to the Historic Abuse Redress Scheme.  As the Scheme Lawyers Lacey Advocates are currently responsible for holding sensitive data relevant to the IJCI.

 

 

 

 

 

It is therefore intended that Lacey Advocates will represent all States departments, unless a specific issue arises that Lacey Advocates advises requires separate legal representation.

Resource Implications: The precise resource implications are at this stage unknown until further is understood regarding the procedure to be adopted by the IJCI, and the extent of documentation required to be produced.

 

The Treasury Minister has allocated a £6million budget for the IJCI, which includes a budgetary line for the reasonable costs of legal representation.

Following this decision, regular reports regarding estimated and actual expenditure on legal advice will be presented to the Minister and the Treasurer of the States to ensure the supervision of legal expenditure.

 

Action required: To request the Director of Community and Social Services to appoint Lacey Advocates to act for the Health and Social Services Department in all matters relating to the IJCI.

 

Signature:

 

 

Position:

Minister for Health and Social Services

 

Date Signed:

 

 

Date of Decision (If different from Date Signed):

 

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