Armed Forces (Offences and Jurisdiction) (Jersey) Law 201-

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 2 June 2017:

MINISTERIAL DECISION REFERENCE: MD-HA-2017-0048
DECISION SUMMARY TITLE: Armed Forces (Offences and Jurisdiction) (Jersey) Law 201-
DECISION SUMMARY AUTHOR:	Policy Officer, Community and Constitutional Affairs	IS THE DECISION SUMMARY PUBLIC OR EXEMPT? (if exempt state the relevant article/paragraph of the Freedom of Information Law/Regulations)		Public
REPORT TITLE: Armed Forces (Offences and Jurisdiction) (Jersey) Law 201-
REPORT AUTHOR OR NAME OF PERSON GIVING REPORT: (if different from Decision Summary Author)	Policy Officer, Community and Constitutional Affairs	IS THE REPORT PUBLIC OR EXEMPT (if exempt state the relevant article/paragraph of the Freedom of Information Law/Regulations)		Public
DECISION AND REASON FOR THE DECISION: The Home Affairs Minister approved for lodging ‘au Greffe’ the Draft Armed Forces (Offences and Jurisdiction) (Jersey) Law 201- The Draft Law makes provision for the treatment of British armed forces and those visiting from other countries when they are in Jersey, particularly in relation to discipline and justice. The Law also establishes appropriate powers for the Jersey police and courts in relation to deserters and others, creates civilian offences in relation to the armed forces, protects the pay and equipment of the armed forces from action in Jersey courts, and enables the States Assembly by Regulations to amend legislation to provide for the use of vehicles and roads by the armed forces.
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 Law be lodged ‘au Greffe’ for debate by the States Assembly at the earliest opportunity.
SIGNATURE:			POSITION: Deputy Kristina Moore Minister for Home Affairs
DATE SIGNED:			EFFECTIVE DATE OF THE DECISION: