The Solutions
The “Administrative Tidying Up" Project
The Principles:-
Change from the current approach (that includes “Making Stuff up as Go Along” posing as Regulations) to a KISS Legislative approach - including removing any “rules” that are either inherently unenforceable or no longer serve a Public Interest purpose in the modern era.
All Regulations by Published Ministerial Decisions so become enforceable as can be defended in Court. As should always have been.
The Taxi Industry Regulations then become both Transparent and therefore understandable for everyone and also simple to administer for the Infrastructure Dept, rather than require ever ongoing Ministerial or Senior Management level thought & action to simply administer.
Power:-
The Minister has extensive power under the Motor Traffic (Jersey) Law 1935 (particularly Articles 38 & 46) to implement the needed Regulatory Transparency by Ministerial Decisions (including for Policy and for Orders).
Note – The Infrastructure Department (via the Inspector of Motor Traffic) is only empowered under Article 2(1) of the Motor Traffic (Jersey) Law 1935 to administer and enforce existing Laws & Regulations and Ministerial Decisions – but has no power to create own Regulations.
A Minister may also delegate Powers to fulfill their Legal Obligations, but that can only be done by a formal Scheme of Delegation presented to the States Assembly. And obviously does not pass on a Minister's Legal Responsibilities.
THE REMEDIAL ACTIONS :-
THE RECTIFICATIONS REQUIRED (x 10) delivered via:-
An “Administrative Tidying Up” Project to both fill the gaps that should not exist and simplify the future Administration - via Ministerial Decisions (Orders for Regulations, Policies & Administration).
Staff Training (“read the rules”) and enhancement of Procedure & Operations Manuals.
Management Support (from across Government, particularly on how to implement Regulations as intended).
Disciplinary Action (for “Making Stuff up as Go Along” and then enforcing it).
Enhance Ministerial “Anti-Mushrooming” procedures to ensure Decisions are enacted as instructed by Civil Servants and then adhered to, instead of overly relying on those tasked with implementing to later “Mark their own Homework” as part of a “Tail Wagging the Dog” approach.