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Law Drafting Programme 2007

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 (24.03.2006) to agree bids for the 2007 Law Drafting Programme

 

 

Subject:

Law Drafting Programme 2007: Bids for Inclusion

Decision Reference:

MD-S-2006-0028

Exempt clause(s):

n/a

Type of Report:

(oral or written)

Written

Person Giving Report (if oral):

-

Telephone or

e-mail Meeting?

-

Report

File ref:

(To insert)

Written report – Title

Law Drafting Programme 2007: Bids for Inclusion

Written report – Author

(name and job title)

Tom Gales, Policy and Strategy Director

Decision(s):

(a) To agree that the following bids for the 2007 Law Drafting Programme should be forwarded to the Council of Ministers for their consideration –

· Employment Legislation (phase 2)

· Construction (Health and Safety) Regulations

· Machinery Regulations

(b) To approve the submission of a form to the Council of Ministers which –

(i) indicates whether the above bids should be regarded as ‘essential’ or ‘desirable’;

(ii) notes whether there are any items that can be dropped from the 2006 programme or from work in progress; and

(iii) provides an indicative list of items that are likely to be submitted for the 2008 and 2009 programme.

Reason(s) for decision:

Further information in support of the proposed inclusion of the item(s) in the 2007 Law Drafting Programme is given in the Legislation Request Questionnaire(s) that will be forwarded to the Council of Ministers.

Action required:

Tom Gales will arrange for the Legislation Request Questionnaires to be forwarded to Jean-Marc Blanchet at the Chief Minister’s Department so that they may be collated and submitted to the Council of Ministers for their consideration.

Signature:

(Minister/ Assistant Minister)

Date of Decision:

 

 

 

 

 

REPORT TO MINISTER OF SOCIAL SECURITY

Law Drafting Programme 2007: Bids for Inclusion

1. The Minister of Social Security is asked to approve requests for items of legislation to be included in the 2007 Law Drafting Programme. Further information about these requests, and why they should be included in the Programme, is given in the attached Legislation Request Questionnaires.

2. The items proposed for inclusion are as follows:-

· Employment Law (Phase 2)

· Construction (Health and Safety) Regulations

· Machinery Regulations

3. Further information about the process to be adopted for deciding upon the 2007 Law Drafting Programme is given in the attached letter from the Chief Minister’s Department. It will be noted that a slightly different approach is to be taken this year with regard to the prioritisation of bids for law drafting time, and the Corporate Management Board will be asked to prepare a draft prioritised list of legislation for the 2007 programme. This list will then be discussed by the Council of Ministers and, subject to approval by the Council, forwarded on to the States for consideration as part of the 2007 Business Plan.

4. In addition to the Legislation Request Questionnaire(s), the Minister is also asked to approve the submission of a form to the Council of Ministers which –

(i) indicates whether the Legislation Request(s) for 2007 should be regarded as ‘essential’ or ‘desirable’;

(ii) notes whether there are any items that can be dropped from the 2006 programme or from work in progress; and

(iii) provides an indicative list of items that are likely to be submitted for the 2008 and 2009 programme.

5. Subject to approval by the Minister, the above forms will be forwarded to Jean-Marc Blanchet at the Chief Minister’s Department so that they may be collated and submitted to the Corporate Management Board for an initial draft prioritisation. They will then be forwarded to the Council of Ministers for their consideration at the end of May, and subsequently a recommended draft programme will be included as part of the 2007 Business Plan for consideration by the States.

Tom Gales

Policy and Strategy Director

14th March 2006

Chief Minister’s Department

Cyril Le Marquand House

St Helier, Jersey, JE4 8QT

Tel: +44 (0)1534 603400

Fax: +44 (0)1534 870755

 

jmblanchet@gov.je and in any event no later than 30th March 2006, together with formal written confirmation of your Minister’s requests in the form of a decision template. Should you have any queries relating to the completion of the questionnaire do not hesitate to contact me at the Chief Minister’s Department via e-mail or telephone (603406). Alternatively, you may also contact Pam Staley at the Law Draftsman’s Office via e-mail or on tel. 502006.

In order to help with the preparation of law drafting requests, you are asked to take responsibility for coordinating the preparation of the legislative request forms in your department. In case your department should have any queries about the process, we will be holding an informal meeting at 2.30 p.m. on Friday 3rd March in the Concord Room, Cyril Le Marquand House, St. Helier, and you and/or any nominated representative(s) are invited to attend. The meeting will last approximately one hour, and the Law Draftsman will also be present to answer any questions. In order that we may know how many people to expect, I would be grateful if you would let Lizzie Claremont at the Chief Minister’s Department know by Friday, 24th February whether you and/or other(s) are planning to attend this meeting.

Please note that it has been agreed that a slightly different approach will be taken this year with the prioritisation of bids for law drafting time, and the Corporate Management Board will be asked to prepare a draft prioritised list of legislation for the 2007 programme. This list will then be discussed by the Council of Ministers and, subject to approval by the Council, forwarded on to the States for consideration as part of the 2007 Business Plan.

Yours sincerely,

Jean-Marc Blanchet

Administration and Project Officer

direct dial: +44 (0)1534 603406

email: jmblanchet@gov.je

www.gov.je

INSERT CC

Chief Minister’s Department

Cyril Le Marquand House

St Helier, Jersey, JE4 8QT

Tel: +44 (0)1534 603400

Fax: +44 (0)1534 870755

 

jmblanchet@gov.je and in any event no later than 30th March 2006, together with formal written confirmation of your Minister’s requests in the form of a decision template. Should you have any queries relating to the completion of the questionnaire do not hesitate to contact me at the Chief Minister’s Department via e-mail or telephone (603406). Alternatively, you may also contact Pam Staley at the Law Draftsman’s Office via e-mail or on tel. 502006.

In order to help with the preparation of law drafting requests, you are asked to take responsibility for coordinating the preparation of the legislative request forms in your department. In case your department should have any queries about the process, we will be holding an informal meeting at 2.30 p.m. on Friday 3rd March in the Concord Room, Cyril Le Marquand House, St. Helier, and you and/or any nominated representative(s) are invited to attend. The meeting will last approximately one hour, and the Law Draftsman will also be present to answer any questions. In order that we may know how many people to expect, I would be grateful if you would let Lizzie Claremont at the Chief Minister’s Department know by Friday, 24th February whether you and/or other(s) are planning to attend this meeting.

Please note that it has been agreed that a slightly different approach will be taken this year with the prioritisation of bids for law drafting time, and the Corporate Management Board will be asked to prepare a draft prioritised list of legislation for the 2007 programme. This list will then be discussed by the Council of Ministers and, subject to approval by the Council, forwarded on to the States for consideration as part of the 2007 Business Plan.

Yours sincerely,

Jean-Marc Blanchet

Administration and Project Officer

direct dial: +44 (0)1534 603406

email: jmblanchet@gov.je

www.gov.je

INSERT CC

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