Housing (General Provisions) (Amendment No.26) (Jersey) Regulations 200-

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 (30/03/2009) regarding: Amendment to Regulation 1(1)(f) reducing the residential qualifying period from 12 years to 11 years, and an amendment to Regulation 1(1)(k) enabling the best interests of the community to be taken into account when considering applications under this provision.

Decision Reference: MD-H-2009-0025
Decision Summary Title :	Housing (General Provisions)(Amendment No 26)(Jersey) Regulations 200-		Date of Decision Summary:	26th March 2009
Decision Summary Author:	Peter Connew-Policy Advisor, Population Office		Decision Summary: Public or Exempt? (State clauses from Code of Practice booklet)	Public
Type of Report: Oral or Written?	Written		Person Giving Oral Report:
Written Report Title :	Housing (General Provisions)(Amendment No 26)(Jersey) Regulations 200-		Date of Written Report:	13th March 2009
Written Report Author:	Liz Walsh-Senior Assistant Law Draftsman (explanatory note and draft Regulation) Peter Connew-Policy Advisor, Population Office(department’s report)		Written Report : Public or Exempt? (State clauses from Code of Practice booklet)	Public
Subject: Amendment to Regulation 1(1)(f) reducing the residential qualifying period from 12 years to 11 years, and an amendment to Regulation 1(1)(k) enabling the best interests of the community to be taken into account when considering applications under this provision.
Decision(s): The Minister decided that taking into account the latest data from the House Price Index and information from the effect on the housing market of previous similar reductions, he would wish to put to the States a proposal that the qualifying period be reduced from 12 years to 11 years. Following a review of Regulation 1(1)(k) the Minister noted that the requirements as currently set out identify social or economic grounds for consideration, but unlike the requirements of Regulation 1(1)(j) (essential employment) does not also specify that the Minister has to be satisfied that any consent granted has to be justified as being in the best interests of the community.
Reason(s) for Decision:. The Minister noted that P 25/2005 agreed to aim to have the qualifying period reduced to 10 years by 2010. He also noted that previous reductions in one years steps had been agreed and had little effect on the market, but since the last reduction in April 2007 house prices had risen and availability had become more difficult, making any further reduction difficult to justify. The recent difficulties in the housing market enabled a review of what effects would ensue if a further reduction were to be proposed at this time. The whole thrust of the Migration Policy espoused in P25/2005 related to fairness and equity within the housing and employment market, and in reviewing the current information available the Minister took the view that a further one year reduction could now be justified.. The Minister considers that when considering any application for a consent under Regulation 1(1)(k) he should be able to take into account the widest possible circumstances surrounding an applicants background and experience. This amendment brings this Regulation in line with the existing requirements of Regulation 1(1)(j) which relates to issues surrounding the Minister’s considerations in the granting essential employment status.
Resource Implications: None
Action required: The Assistant Greffier is requested to ensure that these amendments are lodged before the States by Tuesday 31st March for consideration 6 weeks later.
Signature: Senator Terry Le Main		Position: Housing Minister
Date Signed:		Date of Decision (If different from Date Signed):