Law Society of Jersey (Amendment) Law 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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 (27/07/2006) regarding The Law Society of Jersey (Amendment) Law 200-.

Subject:	The Law Society of Jersey (Amendment) Law 200-
Decision Reference:	MD-C-2006-0033		Exempt clause(s):
Type of Report: (oral or written)	Written		Person Giving Report (if oral):
Telephone or e-mail Meeting?			Report File ref:	JMB/KP
Written report – Title	The Law Society of Jersey (Amendment) Law 200-
Written report – Author (name and job title)	Jean-Marc Blanchet Research and Project Officer
Decision(s): The Chief Minister is recommended to approve the draft report and proposition entitled ‘The Law Society of Jersey (Amendment) (Jersey) Law 200-‘ and to request that it is lodged ‘au Greffe’.
Reason(s) for decision: The Law Society of Jersey Law 2005 contains a requirement that Jersey advocates and solicitors in practice must join the Society. One consequence is that they may be liable to pay to the Society subscriptions and any levies that it may decide to impose. A second is that they must maintain adequate insurance cover in respect of professional liabilities arising from practice. Although the Law does not explicitly exclude the Attorney General and the Solicitor General from the requirement, when discharging their public functions they are not considered to be practising as advocates or solicitors. It is also considered that there are difficulties in applying the requirement to other Jersey advocates and solicitors who are employed in the Law Officers’ Department. They carry out their duties on behalf of the Attorney General and the Solicitor General. They are salaried public employees with less freedom of action than private practitioners to participate in the Society’s affairs. Moreover, the need for lawyers in private practice to maintain insurance cover for the protection of clients does not arise in the case of such employees.
Action required: Research and Project Officer to advise the Assistant Greffier and Publications Editor that the matter should be lodged ‘au Greffe’.
Signature: Chief Minister		Date of Decision: 27 July 2006