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Law Drafting Programme 2008: Bid for Inclusion.

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 (16/02/2007) regard: Law Drafting Programme 2008: Bid for Inclusion.

Subject:

Law Drafting Programme 2008: Bid for Inclusion

Decision Reference:

MD-C-2007-0009

Exempt clause(s):

n/a

Type of Report:

(oral or written)

Written

Person Giving Report (if oral):

-

Telephone or

e-mail Meeting?

-

Report

File ref:

 

Written report – Title

Law Drafting Programme 2008: Bid for Inclusion

Written report – Author

(name and job title)

Ben Griffiths, Research and Project Officer.

Decision(s):

(a) Agreed that the following bid for the 2008 Law Drafting Programme should be forwarded to the Council of Ministers for their consideration –

Discrimination (Disability) (Jersey) Regulations

(b) Approved the submission of a form to the Council of Ministers which –

(i) indicated whether the above bid should be regarded as ‘essential’ or ‘desirable’;

(ii) provided an indicative list of items that were likely to be submitted for the 2009 and 2010 programme.

Reason(s) for decision:

At present Jersey has very little legislation to prevent disability discrimination. A new Discrimination (Jersey) Law, due to be introduced in 2007, will enable the States to address this deficiency, probably by the introduction of appropriate Regulations.

A commitment has been made to introduce an integrated Social Inclusion Strategy which would include anti-discrimination measures (States Strategic Plan 2006-2011 p9 and Commitment 3.1 p22). The Regulations are necessary to fulfil these commitments.

Further information in support of the proposed inclusion of the item in the 2008 Law Drafting Programme is given in the Legislation Request Questionnaire that will be forwarded to the Council of Ministers.

Action required:

Ben Griffiths, Research and Project Officer will arrange for the Legislation Request Questionnaire to be submitted to the Council of Ministers for its consideration.

Signature:

(Chief Minister)

Date of Decision:

16 February 2007

 

 

 

 

 

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