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Public Cultural Artefacts Management: Transfer of Responsibility

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 8 May 2017:

Decision Summary

 

Department of the Environment
Ministerial Decision

Decision ref:

MD–PE–2017-0038

Subject:

Management of public cultural artefacts: transfer of responsibility

DS title:

DS: Management of public cultural artefacts: transfer of responsibility

DS author:

Director Policy, Projects and the Historic Environment

DS date:

24/04/17

DS Status:

Public

Written report title:

WR: Management of public cultural artefacts: transfer of responsibility

WR author:

Director Policy, Projects and the Historic Environment

WR date

24/04/17

WR Status:

Public

Oral rapporteur:

Director Policy, Projects and the Historic Environment

Decision(s):

The Minister for the Environment transferred responsibility for the agreement concerning the care and custody of the Island’s public cultural artefacts to the Minister for Economic, Tourism, Sport and Culture in accord with the request made.

Reason(s) for decision:

  1. it is a specific objective of EDTSC to ‘liaise with the trusts and voluntary organisations for the promotion of sport, arts and heritage’;
  2. EDTSC have a partnership agreement with Jersey Heritage Trust one of the purposes of which ‘to care for Jersey’s cultural assets according to accepted museum standards taking account of the available resources defined within this agreement’.

Legal and resource implications:

There are considered to be no additional financial implications or legal implications arising from this decision.

Action required:

To advise the Cultural Development Officer of the decision made

Signature:



 

Name and position:

Deputy SG Luce
Minister for the Environment

Date signed:

 

Date of decision (If different to Date Signed):

 

Hide report
Public Cultural Artefacts Management: Transfer of Responsibility

Department of the Environment

Management of public cultural artefacts
Transfer of responsibility

Purpose

The purpose of this short report is to enable the Minister to consider responsibility for the management of the States of Jersey’s collection of works of art and historical artefacts.

Background and discussion

The States of Jersey acquires and commissions works of art and historical artefacts that are of cultural value to the Island. Since 1993, the care and custody of this collection has been vested in Jersey Heritage Trust, in its role as the Government’s heritage agency, through a formal agreement with the States of Jersey: initially, the agreement was entered into by the Public Services Committee and Jersey Heritage Trust.

In 2005, following the introduction of ministerial government, formal power to enter into this agreement was transferred to the Minister for Planning and Environment[1]. Given that specific responsibility for culture is, however, vested in the Department for Economic, Tourism, Sport and Culture, it is considered more appropriate that the power to enter into an agreement with the Trust for the care and custody of public cultural artefacts is vested in the Minister for Economic, Tourism, Sport and Culture: it is a specific objective of EDTSC to ‘liaise with the trusts and voluntary organisations for the promotion of sport, arts and heritage.’

A request for this transfer to be made has come from the EDTSC’s Cultural Development Officer.

Financial and legal implications

EDTSC have a partnership agreement with Jersey Heritage Trust[2] one of the purposes of which ‘to care for Jersey’s cultural assets according to accepted museum standards taking account of the available resources defined within this agreement’.

The proposed transfer of power to enter into formal agreement with the Trust for the care of public cultural assets does not have any additional financial implications for EDTSC.

Recommendation

On the basis of the above, it is recommended that the Minister for Environment transfers responsibility for the agreement concerning the care and custody of the Island’s public cultural artefacts to the Minister for Economic, Tourism, Sport and Culture, in accord with the request made.

 

Director for Policy, Projects and the Historic Environment

 

[1] Regulation 2A of the States of Jersey (Transfer of Functions from Committees to Ministers)(Jersey) Regulations 2005.

[2] See: https://www.jerseyheritage.org/media/Corporate%20Information/2016%20Partnership%20Agreement.pdf

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