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Declaration of immediate threat to the health or safety of the inhabitants of Jersey and to the stability of the economy

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 27 March 2020:

Decision Reference: MD-TR-2020-0029

Decision Summary Title:

Declaration of immediate threat to the health or safety of any of the inhabitants of Jersey and to the stability of the economy in Jersey

Date of Decision Summary:

27th March 2020

Decision Summary Author:

Head of Financial Governance

Decision Summary:

Public or Exempt?

Public

Type of Report:

Oral or Written?

Written

Person Giving

Oral Report:

n/a

Written Report

Title:

Declaration of immediate threat to the health or safety of any of the inhabitants of Jersey and to the stability of the economy in Jersey

Date of Written Report:

27th March 2020

Written Report Author:

Head of Financial Governance

Written Report :

Public or Exempt?

Public

Subject: Declaration of immediate threat to the health or safety of any of the inhabitants of Jersey and to the stability of the economy in Jersey

Decision(s): Further to the agreement of P.28/2020 by the States Assembly the Minister declared that, in her view, there exists an immediate threat to the health or safety of any of the inhabitants of Jersey and to the stability of the economy in Jersey.

 

Reason(s) for Decision: The Public Finances (Jersey) Law 2019 includes, at Article 24, a number of provisions that are brought into effect in one of two circumstances:

(a) a state of emergency has been declared under the Emergency Powers and Planning (Jersey) Law 1990; or

(b) the Minister is satisfied that there exists an immediate threat to the health or safety of any of the inhabitants of Jersey, to the stability of the economy in Jersey or to the environment.

 

In order to access funding and additional powers following the States Assembly’s approval of P.28/2020 the Minister has decided that, in the light of evidence of the Covid-19 pandemic, she is satisfied that there exists an immediate threat to the health or safety of any of the inhabitants of Jersey and to the stability of the economy in Jersey.

 

Resource Implications: There are no financial implications arising directly from this decision. The decision does bring into effect a number of Article of the Public Finances (Jersey) Law 2019 as amended by P.28/2020 Public Finances (Amendment of Law) (Jersey) Regulations 2020.

 

Action required: Head of Financial Governance to ensure this decision is published on www.gov.je.

 

Signature:

 

 

Position:  Deputy S J Pinel, Minister for Treasury and Resources

Date Signed:

 

Date of Decision:

 

Hide report
Declaration of immediate threat to the health or safety of the inhabitants of Jersey and to the stability of the economy

Treasury and Exchequer

Ministerial Decision Report 

 

 

Declaration of immediate threat to the health or safety of any of the inhabitants of Jersey and to the stability of the economy in Jersey

 

  1. Purpose of Report

Declaration of immediate threat to the health or safety of any of the inhabitants of Jersey and to the stability of the economy in Jersey by the Minister for Treasury and Resources. 

  1.      Background

The Public Finances (Jersey) Law 2019 includes, at Article 24, a number of provisions that are brought into effect in one of two circumstances:

(a) a state of emergency has been declared under the Emergency Powers and Planning (Jersey) Law 1990; or

(b) the Minister is satisfied that there exists an immediate threat to the health or safety of any of the inhabitants of Jersey, to the stability of the economy in Jersey or to the environment.

The States Assembly has amended the Public Finances Law through P.28/2020 Public Finances (Amendment of Law) (Jersey) Regulations 2020. These Regulations significantly increase the powers of the Minister to take financial measures to support actions to address the consequences in Jersey of the Covid-19 pandemic. In order to invoke use of these powers as and when necessary, the Minister has decided to formally recognise and declare that she considers such an immediate threat exists to the health and safety of the inhabitants in Jersey and to the stability of the economy in Jersey.

  1. Recommendation

The Minister is recommended to declare that, in her view, there exists an immediate threat to the health or safety of any of the inhabitants of Jersey and to the stability of the economy in Jersey.

 

  1. Reason for Decision

The Public Finances (Jersey) Law 2019 includes, at Article 24, a number of provisions that are brought into effect in one of two circumstances:

(a) a state of emergency has been declared under the Emergency Powers and Planning (Jersey) Law 1990; or

(b) the Minister is satisfied that there exists an immediate threat to the health or safety of any of the inhabitants of Jersey, to the stability of the economy in Jersey or to the environment.

 

In order to access funding and additional powers following the States Assembly’s approval of P.28/2020 the Minister has decided that, in the light of evidence of the Covid-19 pandemic, she is satisfied that there exists an immediate threat to the health or safety of any of the inhabitants of Jersey and to the stability of the economy in Jersey.

 

  1. Resource Implications

There are no financial implications arising directly from this decision. The decision brings into effect a number of Articles of the Public Finances (Jersey) Law 2019 as amended by P.28/2020 Public Finances (Amendment of Law) (Jersey) Regulations 2020.

 

Report author : Head of Financial Governance

Document date : 27th March 2020

Quality Assurance / Review : Group Director, Strategic Finance

File name and path: L:\Treasury\Sections\Corporate Finance\Ministerial Decisions\DS, WR and SD\2020-0029 - Declaration of immediate threat

MD sponsor : Treasurer of the States

 

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