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Marriage and Civil Status (Jersey) Law: Proposed amendments

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 on 10 January 2017:

Ministerial decision reference: MD-HA-2017-0001

Decision summary title: Amendments to the Marriage and Civil Status (Jersey) Law 2001

Decision summary author

Director, Social Policy

Is the decision summary public or exempt? 

Public

Report title: Amendments to the Marriage and Civil Status (Jersey) Law 2001

 

Report author or name of

person giving report

Director, Social Policy

Is the report public or exempt?

Public

Decision and reason for the decision

The Assistant Minister, Home Affairs has decided that the Marriage and Civil Status (Jersey) Law 2001 (the “2001 Law”) should be amended in accordance with two in principle decisions of the States Assembly:

 

1)            In July 2015 the States of Jersey agreed, in principle, that the “2001 Law”  should be amended to allow for the solemnisation of marriages in the open air, including in public spaces (P65/2015: http://www.statesassembly.gov.je/AssemblyPropositions/2015/P.65-2015.pdf)

 

2)            In September 2015, the Assembly further agreed that, in principle the 2001 Law should be amended to allow for same-sex couples to get married in Jersey in accordance with the quadruple lock. (See chapter 1 below) http://www.statesassembly.gov.je/AssemblyPropositions/2015/P.77-2015.pdf).

Resource implications

NIL

Action required

To request the Law Draftsman to prepare the amended Law for the States to debate.

Signature

 

 

Position

Assistant Minister, Home Affairs

 

 

 

Date signed

 

Effective date of the decision

 

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