Standstill Agreements relating to Historic Abuse Claims.

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 (10/07/2009) regarding: Standstill Agreements relating to Historic Abuse Claims.

Decision Reference: MD-HSS-2009-0036
Decision Summary Title :	Standstill Agreements relating to Historic Abuse Claims		Date of Decision Summary:	30th June 2009
Decision Summary Author:	Deputy Chief Officer		Decision Summary: Public or Exempt? (State clauses from Code of Practice booklet)	Public
Type of Report: Oral or Written?	Written		Person Giving Oral Report:	Deputy Chief Officer
Written Report Title :	Standstill Agreements Report		Date of Written Report:	30th June 2009
Written Report Author:	Deputy Chief Officer		Written Report : Public or Exempt? (State clauses from Code of Practice booklet)	Public
Subject: The execution of standstill agreements received on behalf of claimants with regard to historic abuse cases.
Decision(s): Having received a report relating to the execution of standstill agreements, the Minister for Health & Social Services gives authority to Mourant Du Feu & Jeune to execute standstill agreements received on behalf of claimants with regard to historic abuse cases.
Reason(s) for Decision: Given the principle of Jersey law "le criminel tient le civil" and in order not to prejudice any related criminal prosecutions, the claimants have been requested by the advisers to the States of Jersey (Mourant Du Feu & Jeune), not to issue civil proceedings for damages but to enter into Standstill Agreements so that the claimants suffer no prejudice with reference to the running of time whilst proceedings are delayed.
Resource Implications: The costs relating to the handling of claims are identified in the agreement between the States of Jersey and Mourant Du Feu and Jeune with regard to Historic Abuse Claims.
Action required: The Deputy Chief Officer is asked to instruct Mourant Du Feu & Jeune to execute standstill agreements received on behalf of claimants with regard to historic abuse cases.
Signature:		Position: Minister
Date Signed:		Date of Decision (If different from Date Signed):

Standstill Agreements relating to Historic Abuse Claims.

Standstill Agreement Report

Background

In the historic abuse cases, given the principle of Jersey law "le criminel tient le civil" and in order not to prejudice any related criminal prosecutions, the claimants have been requested by the advisers to the States of Jersey (Mourant Du Feu & Jeune), not to issue civil proceedings for damages but to enter into Standstill Agreements so that the claimants suffer no prejudice with reference to the running of time whilst proceedings are delayed.

A Standstill Agreement suspends the running of the time (the limitation period) in which legal proceedings are by law to be issued. For example, in a straightforward personal injury case, legal proceedings must be issued within three years from the date of the accident.

The effect of a Standstill Agreement is therefore that from the date it is entered into to the date that it terminates, either by a party giving notice or by the agreement expiring, there shall be no point taken or criticism made by a party to it of no proceedings or advancement of the claim during that period.

The entering into Standstill Agreements also importantly ensures that there can be constructive dialogue and negotiations with the claimants without the worry or concern that legal proceedings must be issued by a certain date.

Current Situation

Mourant Du Feu & Jeune have received signed standstill agreements from clients’ legal representatives. It is necessary to have these agreements executed on behalf of the States of Jersey and to give Mourant Du Feu & Jeune authority to do so by Ministerial Decision.

Recommendation

The Minister for Health & Social Services is recommended to give authority to Mourant Du Feu & Jeune to execute standstill agreements received on behalf of claimants with regard to historic abuse cases.

Richard L Jouault

Deputy Chief Officer

Health & Social Services

30/06/09