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

Covid-19 (Restricted Trading) (Jersey) Regulations 202-

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 17 April 2020:

Decision Reference:       MD-HCS-2020-0019

Decision Summary Title :

Draft Covid-19 (Restricted Trading) (Jersey) Regulations 202- Decision to lodge “au Greffe”

Date of Decision Summary:

16 April 2020

Decision Summary Author:

Senior Policy 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:

N/A

Written Report

Title :

Draft Covid-19 (Restricted Trading) (Jersey) Regulations 202-

Date of Written Report:

16 April 2020

Written Report Author:

Head of Policy

Written Report :

Public or Exempt?

(State clauses from Code of Practice booklet)

Public

Subject: Draft Covid-19 (Restricted Trading) (Jersey) Regulations 202- Decision to lodge “au Greffe”

Decision(s):  The Minister for Health and Social Services approved for lodging “au Greffe” the Draft Covid-19 (Restricted Trading) (Jersey) Regulations 202-.

Reason(s) for Decision: The Draft Regulations would be made under the Covid-19 (Enabling Provisions) (Jersey) Law 2020. They would make it an offence, punishable by an unlimited fine, to open a business in manner proscribed by an Order of the Minister for Health and Social Services.

 

The Minister could, by Order, declare a period of restricted trading if satisfied, after consulting the Medical Officer of Health, that the risk to public health caused by Covid-19 has reached a level at which it is proportionate and necessary to do so. The Order could require certain categories of businesses to close or impose certain restrictions/requirements on businesses that remain open (e.g. only offering take away food services or enforcing social distancing).

 

Before making any such Order, the Minister would be required to consult the Minister for Economic Development, Tourism, Sport and Culture.

Action required: The Minister’s Private Secretary will advise the Greffier of the States of this decision and relay the Minister’s request that these draft Regulations be lodged “au Greffe” for debate by the States on Tuesday 21st April.

Signature:

 

 

Position:

Minister for Health and Community Services

 

Date Signed:

 

 

Date of Decision (If different from Date Signed):

 

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