Skip to main content Skip to accessibility
This website is not compatible with your web browser. You should install a newer browser. If you live in Jersey and need help upgrading call the States of Jersey web team on 440099.
Government of Jerseygov.je

Information and public services for the Island of Jersey

L'înformâtion et les sèrvices publyis pouor I'Île dé Jèrri

  • Choose the service you want to log in to:

  • gov.je

    Update your notification preferences

  • one.gov.je

    Access government services

  • CAESAR

    Clear goods through customs or claim relief

  • Talentlink

    View or update your States of Jersey job application

Ethics Committee – constitution and terms of reference.

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 (28/04/2006) regarding Ethics Committee – constitution and terms of reference.

Subject:

Ethics Committee – constitution and terms of reference

Decision Reference:

MD-H SS-2006-00025

Exempt clause(s):

no

Type of Report:

(oral or written)

Terms of Reference attached

Person Giving Report (if oral):

 

Telephone or

e-mail Meeting?

 

Report

File ref:

 

Written report – Title

Ethics Committee – constitution and terms of reference

Written report – Author

(name and job title)

Mike Entwistle

Chairman – Ethics Committee

Decision(s):

1. To approve revised terms of reference for the Health and Social Services Ethics Committee (as attached).

2. To note the retirement of Mr Tom Kirkbride as a member of the Ethics Committee, and to approve the appointment of Mrs Gillian Bunting as a replacement.

Reason(s) for decision:

1 As a result of the transition to Ministerial government, the existing terms of reference of the Ethics Committee are out of date. Changes are required to substitute references to the Minister in place of the Health and Social Services Committee and to modify the constitution, recognising that it is not appropriate for the Minister to be a member of the Ethics Committee which, amongst other objectives, is set up to advise him on ethical matters.

2. According to the terms of reference, non-clinical members of the Ethics Committee shall be nominated by the Chief Officer and appointed by the Minister. Mrs Gillian Bunting has agreed to be nominated as a member, in view of her interest in ethical matters and her particular role in supporting the development of student social science research projects through Highlands College.

3. The Ethics Committee considered its constitution and terms of reference in its meeting of 24 January, and supports the recommendations.

Action required:

Chief Executive to notify the Corporate Management Team of the revised constitution and terms of reference.

Chairman of Ethics Committee to thank Mr Kirkbride for his contribution, and to inform Mrs Bunting of her appointment.

Signature:

(Minister for Health and Social Services)

Date of Decision:

28 April 2006

Ethics Committee – constitution and terms of reference.

Revised TOR January 2006

Health and Social Services

ETHICS COMMITTEE CONSTITUTION AND TERMS OF REFERENCE

1. Terms of reference

a) To advise the Minister for Health and Social Services on policy regarding ethical issues in respect of health and social care;

b) To consider specific issues relating to clinical research proposals;

c) To respond to requests from clinicians in all disciplines and managers for support on ethical matters arising in clinical practice

2 Membership

2.1 The membership of the Ethics Committee shall consist of:

 

Nominated by -

Five non-clinical members

Chief Officer, Health and Social Services

A member of the consultant medical staff

Medical Staff Committee

A general medical practitioner

Jersey Medical Society

A senior nurse

Chief Nursing Officer

A pharmacist

Chief Pharmacist

Any other person nominated by the Minister for Health and Social Services.

 

 

 

 

2.2 The members of the Ethics Committee shall be appointed by the Minister ordinarily for a period of three years. Re-appointment is permitted and, to ensure continuity, staggering of appointments shall be arranged.

2.3 The Chairman shall be appointed by the Ethics Committee from amongst its membership.

2.4 The non-clinical membership of the Ethics Committee shall include at least one person with an understanding of law and at least one member of the clergy, and this should be taken into account in determining appointments to the Committee.

2.5 The Ethics Committee may nominate an ad hoc panel of at least two members, comprising one clinical and one non-clinical person, to advise on minor research proposals and items which are not considered by the panel to be contentious. The panel shall document its conclusions and report to each meeting of the Ethics Committee. All matters which have significant ethical implications will be referred to a full meeting of the Ethics Committee.

2.6 A clinician encountering a difficult ethical decision may request the establishment at short notice of a panel of at least two members of the Committee, comprising one clinical and one non-clinical person, to informally discuss the particular issue and assist him or her in coming to a decision.

2.7 The Committee may, at its discretion, co-opt other persons to any meetings; for example, in order to assist in the consideration of specialised subjects.

3. Reporting

3.1 The Ethics Committee will report its deliberations to the Minister for Health and Social Services; and it shall maintain a written record of its recommendations.

3.2 The Ethics Committee may advise the Minister whether it supports, does not support, or wishes to make recommendations in respect of any issue that it has considered.

3.3 The Ethics Committee will consider more general ethical matters and prepare ethics advice for the Minister as requested.

4. Meetings and conduct of business

4.1 A quorum of the Committee shall comprise its Chairman, or a nominated deputy, and three other members, including at least one clinical and one non-clinical member.

4.2 Meetings shall ordinarily be arranged on four occasions each year; however, the Chairman may call additional meetings if he deems it necessary.

4.3 An agenda will ordinarily be distributed to members at least one week before a meeting, and the proceedings shall be formally minuted. The agendas and minutes shall also be made available to the Minister for Health and Social Services and the Chief Executive.

Health and Social Services

January 2006

 

Back to top
rating button