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Optional Protocol to UN Convention against Torture and other Cruel, Inhuman and Degrading Treatment (OPCAT): Extension to Jersey: Arrangements for Ratification

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.

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  • 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

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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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 27 November 2015:

Ministerial decision reference    MD-C-2015-0134 

Decision summary title 

Optional Protocol to the UN Convention against Torture and other Cruel, Inhuman and Degrading Treatment

Decision summary author

Director – Constitutional Affairs and Justice Policy

Is the decision summary public or exempt? 

Public

Report title   

Optional Protocol to the UN Convention against Torture and other Cruel, Inhuman and Degrading Treatment

Report author or name of

person giving report

Director – Constitutional Affairs and Justice Policy

Is the report public or exempt?

Qualified Exempt: Article 35

Decision and reason for the decision

The Chief Minister has instructed Officers to make arrangements for the UK’s ratification of the Optional Protocol to the UN Convention against Torture and other Cruel, Inhuman and Degrading Treatment  (OPCAT) be extended to Jersey once any legislative and other administrative actions required have been taken to ensure Jersey’s compliance.

The Chief Minister is responsible within the executive for safeguarding human rights.

The Chief Minister has noted the Report of the Education and Home Affairs Scrutiny Panel released on 26th November 2015 and the recommendation set out therein and the intention of the Minister for Home Affairs in respect of drafting instructions relating to the constitution of the Prison Board of Visitors.

The Chief Minister therefore considers that arrangements should be made for the extension of OPCAT to Jersey once any legislative and other administrative actions required have been taken to ensure Jersey’s compliance.

Resource implications

None.

Action required

Officers are to make arrangements for the UK’s ratification of the Optional Protocol to the UN Convention against Torture and other Cruel, Inhuman and Degrading Treatment  (OPCAT) be extended to Jersey once any legislative and other administrative actions required have been taken to ensure Jersey’s compliance.

Signature

 

 

 

 

Position

 

Senator A K F Green M.B.E.

Deputy Chief Minister

 

 

 

Date signed

Effective date of the decision

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