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Information and public services for the Island of Jersey

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

Delegation of Functions: Health and Social Services:

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 28 May 2019:

Decision Reference:       MD-HSS-2019-0027

Decision Summary Title :

Delegation of functions: Health and Social Services Department: Assistant Minister

Date of Decision Summary:

28 May 2019

Decision Summary Author:

 

Assistant Director – Policy and Ministerial Support

Decision Summary:

Public or Exempt?

Public

Type of Report:

Written

Person Giving Report:

Assistant Director – Policy and Ministerial Support

Written Report

Title :

Delegation of functions:

Health and Social Services Department: Assistant Minister

 

 

Date of Written Report:

28 May 2019

Written Report Author:

Assistant Director – Policy and Ministerial Support (HSSD)

Written Report :

Public or Exempt?

 

Public

Subject:  Delegation of functions: Health and Social Services Department: Assistant Minister

 

 

 

Decision(s):  The Minister for Health and Social Services, acting in accordance with Article 28 of the States of Jersey Law 2005, resolved to delegate certain political oversight functions relating to mental health services to his Assistant Minister Senator Steve Pallett.

 

The scope of delegation is set out in the accompanying Report. It includes all areas relating to mental health services, including strategic planning, operational delivery and management of the associated workforce. In relation to his specific area of responsibility only, Senator Pallett would also be able to lodge propositions, make statements and respond to ministerial questions.  He would also be able to sign ministerial decisions relating to the business areas under these responsibilities.

 

The Minister for Health and Social Services retains political oversight for all Health and Community Services business and therefore would expect to be fully briefed on developments in these delegated areas. He would propose to specifically reserve decision-making powers in two areas that relate to the delegated responsibility:

 

1)      The location of mental health estate facilities where considered in conjunction with the future hospital

2)      Ongoing reviews of mental health and capacity legislation and the continuing implementation of that legislation.

 

Reason(s) for Decision:

 

Acting upon the recommendation of the Health and Social Security Scrutiny Panel to transfer official responsibility for mental health to a designated person (following the Panel’s report assessing mental health services -SR4/2019), the Minister for Health and Social Services has delegated such responsibility to one of his Assistant Ministers, Senator Steve Pallett.  This decision reflects the importance the Minister attaches to driving forward changes and improvements to mental health services on the island and the priority he attaches to this area.

 

 

Resource Implications There are no financial or manpower implications.

  •  

Action required: Assistant Director – Policy and Ministerial Support – to forward the attached supplementary document to the Greffier of the States and request that it be presented to the States in due course as a report in the ‘R’ series.

Signature:

 

 

Position:

Minister for Health and Social Services

 

Date Signed:

 

 

Date of Decision (If different from Date Signed):

 

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