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European Union (Repeal and Amendment) (Jersey) Law 201-

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 19 January 2018:

MINISTERIAL DECISION REFERENCE:    MD-ER-2018-0001

DECISION SUMMARY TITLE:   EUROPEAN UNION (REPEAL AND AMENDMENT) (JERSEY) LAW 201-

DECISION SUMMARY AUTHOR:

Director, External Relations with Law Officers Department

IS THE DECISION SUMMARY PUBLIC OR EXEMPT?  

Public

REPORT TITLE:   EUROPEAN UNION (REPEAL AND AMENDMENT) (JERSEY) LAW 201-

REPORT AUTHOR OR NAME OF PERSON GIVING REPORT: 

 

IS THE REPORT PUBLIC OR EXEMPT

Public

DECISION AND REASON FOR THE DECISION:

The purpose of this draft European Union (Repeal and Amendment) (Jersey) Law 201- (“the draft Law”) is to repeal the European Union (Jersey) Law 1973 and also the European Economic Area (Jersey) Law 1995 because that legislation will no longer be effective once the UK and Jersey’s existing treaty relationship with the EU comes to an end on Brexit.

The new Law also effects other necessary changes to the principal legislation governing Jersey’s relationship with the European Union (“EU”) – including the European Union Legislation (Implementation) (Jersey) Law 2014 (the “2014 Law”) - arising from the United Kingdom’s (“UK”) exit from the EU (“Brexit”).  It prepares a framework of powers to enable the Council of Ministers and States Assembly to:

a. implement change swiftly to other domestic legislation where that is necessary or expedient as a result of Brexit; and

b. bring directly applicable EU law, subject to any modifications that may be required as a result of Brexit, into domestic law.

European Convention on Human Rights (“ECHR”)

A note on the human rights aspects of the draft Law has been prepared by the Law Officers’ Department and the Minister for External Relations has been advised that he can sign a statement of compatibility with the ECHR.

The Minister for External Relations approved the draft Law, and requested that it be lodged ’au Greffe’ for consideration by the States Assembly at the next available opportunity.

RESOURCE IMPLICATIONS: 

There are no financial or manpower implications for the States arising directly from the adoption of this draft Law.

ACTION REQUIRED: 

The Ministry of External Relations to request the Greffier of the States to arrange for the lodging ‘au Greffe’ of the Draft European Union (Repeal and Amendment) (Jersey) Law 201-  for consideration by the States Assembly at the next available opportunity.

SIGNATURE:

 

 

SENATOR SIR PHILIP BAILHACHE

POSITION:

 

 

MINISTER FOR EXTERNAL RELATIONS

 

 

DATE SIGNED      January 2018

EFFECTIVE DATE OF THE DECISION (if different)

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