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

Covid-19 (Enabling Provisions) (Amendment) (Jersey) Law 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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 on 10 August 2020

Decision Reference: MD-HSS-2020-0059

Decision Summary Title :

Draft Covid-19 (Enabling Provisions) (Amendment) (Jersey) Law 202-

Date of Decision Summary:

10 August 2020

Decision Summary Author:

 

Head of Policy, Criminal Justice

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 (Enabling Provisions) (Amendment) (Jersey) Law 202-

Date of Written Report:

10 August 2020

Written Report Author:

Senior Legislative Drafter

 

Written Report:

Public or Exempt?

(State clauses from Code of Practice booklet)

Public

Subject: Draft Covid-19 (Enabling Provisions) (Amendment) (Jersey) Law 202-

Decision(s): The Minister lodged the Draft Covid-19 (Enabling Provisions) (Amendment) (Jersey) Law 202-.

 

Reason(s) for Decision: If adopted, this draft amending Law will-

  • extend the special legislative arrangements under the Covid-19 (Enabling Provisions) (Jersey) Law 2020 (the Enabling Law) to allow the Assembly to legislate in response to the ongoing pandemic situation to 31 July 2021;
  • expand the vires of the Enabling Law to allow the assembly to legislate to address future Covid-19 outbreaks; and
  • allow the Assembly to repeal emergency legislation brought under the Enabling Law even should the special legislative arrangements expire.

Resource Implications: None arise from the lodging of this Law.

 

Action required: The Greffier of the States to lodge the draft Law and accompanying report for debate on 8th September 2020.

 

Signature:

 

Position: 

Minister for Health and Social Services

 

Date Signed:

 

 

 

 

Date of Decision (If different from Date Signed):

 

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