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Human Rights (Jersey) Law.

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 (26/10/2006) regarding Human Rights (Jersey) Law.

Subject:

HUMAN RIGHTS (JERSEY) LAW

Decision Reference:

MD-C-2006-0047

Exempt clause(s):

-

Type of Report:

(oral or written)

written

Person Giving Report (if oral):

 

Telephone or

e-mail Meeting?

 

Report

File ref:

Int 36/14

Written report – Title

Human Rights (Jersey) Law 2000 – appointed day act and introduction of Protocol 13

Written report – Author

(name and job title)

International Relations

Decision(s): With regard to the report to the Council of Ministers on 19 October 2006, regarding the Human Rights (Jersey) Law 2000, the Chief Minister is recommended to –

· to approve the draft Human Rights (Jersey) Law 2000 (Appointed Day) Act 200-, which would bring the Human Rights (Jersey) Law 2000 into force on 10 December 2006, and an accompanying report;

· to lodge the Act before 1 November, with a view to debate by the States on 21 November 2006; and

· to make the Human Rights (Amendment) (Jersey) Order 200- to introduce the Thirteenth Protocol of the European Convention on Human Rights and Fundamental Freedoms (ECHR) into the Human Rights (Jersey) Law 2000 on the date when the Law comes into force.

Reason(s) for decision:

The Island Authorities have made a commitment, at various times, to implement the Human Rights (Jersey) Law 2000 at the earliest opportunity. However, a number of other legislative changes have been required in order to ensure compatibility with the ECHR obligations. In the near future, sufficient progress will have been made in this respect to allow the 2000 Law to be brought into force.

International Human Rights day, 10 December 2006, is proposed as an appropriate day on which the States of Jersey might confirm their commitment to supporting human rights world-wide, by appointing this date for the law to come into force.

Since the States adopted the Human Rights (Jersey) Law in 2000, Protocol 13 of the ECHR, which provides for the total abolition of the death penalty in all circumstances, including wartime, has been ratified on Jersey’s behalf. In accordance with the decision of the States on 13 May 2003, it is proposed the Chief Minister should make an Order to reflect the effect of the additional Protocol in the Island when the Law comes into force.

Resource and manpower implications

There are no immediate manpower, revenue or capital consequences arising directly from bringing the Human Rights (Jersey) Law itself into force.

However, there have been significant legislative requirements due to the need to introduce or amend other legislation (for example, the Police Procedures and Criminal Evidence (Jersey) Law, 2003, and the Regulation of Investigatory Powers (Jersey) Law 2005), prior to bringing the 2000 Law into force, to ensure compliance with human rights. These additional resource and manpower consequences have been identified separately in respect of those other items of legislation.

There are no resource consequences arising from the introduction of Protocol 13 of the ECHR.

Action required:

· Forward the draft Human Rights (Jersey) Law 2000 (Appointed Day) Act 200-, to the Greffe to be lodged before 1 November, and to request a date for a States debate on 21 November 2006.

· Forward the signed MD to the Greffe and request publication on States website.

· Forward the signed and sealed Human Rights (Amendment) (Jersey) Order 200- Order, for publication of a notice and to be laid before the States.

Signature:

Chief Minister

Date of Decision:

26 October 2006

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