Brexit Report: Steps taken by the Government of Jersey before Notification by the Government of the United Kingdom under Article 50 of the UK’s intention to withdraw from the EU

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 31 January 2017:

MINISTERIAL DECISION REFERENCE: MD-ER-2017-0003
DECISION SUMMARY TITLE: Report and Proposition on the steps taken by the Government of Jersey before Notification by the Government of the United Kingdom under Article 50 of the UK’s intention to withdraw from the EU
DECISION SUMMARY AUTHOR:	Director, External Relations	IS THE DECISION SUMMARY PUBLIC OR EXEMPT? (if exempt state clause from Code of Practice booklet and from 1st January 2015 stating the relevant article/paragraph of the Freedom of Information Law/Regulations)		Public
REPORT TITLE:
REPORT AUTHOR OR NAME OF PERSON GIVING REPORT: (if different from Decision Summary Author)	N/A	IS THE REPORT PUBLIC OR EXEMPT? (if exempt state clause from Code of Practice booklet and from 1st January 2015 stating the relevant article/paragraph of the Freedom of Information Law/Regulations)		N/A
DECISION AND REASON FOR THE DECISION: The Minister for External Relations approved a report and proposition relative to the rights and obligations of the Jersey citizen which will be affected by the UK’s decision to withdraw from the European Union. However the enactment of legislation affecting Jersey is a matter for the States Assembly, and, accordingly, the Minister for External Relations is inviting the States of Jersey assert this constitutional privilege and to endorse the intentions of the Council of Ministers to bring forward a Projet de Loi to repeal the European Union (Jersey) Law 1973.
RESOURCE IMPLICATIONS: There are no financial or manpower implications as a result of this decision.
ACTION REQUIRED: The Minister for External Relations is invited to sign this Ministerial Decision confirming his approval of the Report and Proposition, and his request for it to be lodged, and the Director, External Relations to send the Report and Proposition to the Greffier of the States Greffe requesting that arrangements be made for it to be lodged ‘au Greffe’.
SIGNATURE: SENATOR SIR PHILIP BAILHACHE			POSITION: MINISTER FOR EXTERNAL RELATIONS

DATE SIGNED 31 January 2017			EFFECTIVE DATE OF THE DECISION