Home Affairs: Delegation of Functions from Minister to Assistant Minister

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 4 March 2015:

Decision Reference: MD-HA-2015-0019
Decision Summary Title :	Delegation of functions to the Assistant Minister – updated		Date of Decision Summary:	10 February 2015
Decision Summary Author:	Executive Officer, Home Affairs		Decision Summary: Public or Exempt?	Public
Type of Report: Oral or Written?	Written		Person Giving Oral Report:	n/a
Written Report Title :	Delegation of functions to the Assistant Minister - Report		Date of Written Report:	10 February 2015
Written Report Author:	Executive Officer, Home Affairs		Written Report : Public or Exempt?	Public
Subject: Delegation of functions from the Minister for Home Affairs to the Assistant Minister, Connétable Mezbourian – updated delegation
Decision(s): The Minister approved the delegation of all her powers to the Assistant Minister in respect of any matters relating to the Jersey Customs and Immigration Service, the Jersey Fire and Rescue Service and the Office of the Superintendent Registrar. The Minister further delegated all her powers in other areas in case of her absence or unavailability due to illness. The Assistant Minister would not have powers to make enactments, decide appeals under an enactment, nor perform any function that is prohibited by an enactment. This decision revokes the previous delegation to Connétable Mezbourian.
Reason(s) for Decision: To give authority to the Assistant Minister for statutory functions vested in the Minister in those areas for which the Assistant Minister has direct responsibility.
Resource Implications: There are no resource implications for the Home Affairs Department resulting from this decision.
Action required: The Executive Officer, Home Affairs, to request the Greffier to present this updated delegation to the States.
Signature:		Position: Minister for Home Affairs
Date Signed:		Date of Decision (If different from Date Signed):

Home Affairs: Delegation of Functions from Minister to Assistant Minister

Report for Minister for Home Affairs

Delegation of functions to the Assistant Minister - updated

Article 28 of the States of Jersey Law 2005 (‘the Law’) permits a Minister to delegate, wholly or partly, functions to an Assistant Minister.

The Law states, inter alia, that:

(1) A Minister may delegate, wholly or partly, functions conferred upon or vested in the Minister by or under this Law or any other enactment or any enactment of the United Kingdom having effect in Jersey, to –

(a) one of his or her Assistant Ministers;

(b) an officer.

(2) A Minister shall not delegate –

(a) any power to make an enactment;

(b) any power to decide an appeal under an enactment;

(3) The delegation of functions by a Minister under this Article shall not prevent the Minister exercising those functions personally.

On 18 December 2014 the Minister delegated all functions to the Assistant Minister in case of her absence or unavailability due to illness (MD-HA-2014-0074).

However, as the Assistant Minister has direct responsibility for all matters relating to the States of Jersey Fire and Rescue Service; the Jersey Customs and Immigration Service and the Office of the Superintendent Registrar, it is desirable for the Assistant Minister to be delegated all powers and functions in relation to these areas.

In case of the Minister’s absence from the Island or unavailability through illness, it is also desirable for the Assistant Minister to have delegated functions for all other matters in those situations.

Recommendation:

It is recommended that the Minister for Home Affairs, Deputy Kristina Moore, delegates all her powers and functions relating to the States of Jersey Fire and Rescue Service; the Jersey Customs and Immigration Service and the Office of the Superintendent Registrar to the Assistant Minister, Connétable Deidre Mezbourian; and that she delegates all powers and functions in relation to other areas to the Assistant Minister in case of the Minister’s absence from the Island or unavailability through illness.

It is recommended that the Minister instructs the Executive Officer, Home Affairs, to request the Greffier of the States to present this updated delegation to the States as a Report.

Executive Officer, Home Affairs

10 February 2015