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Privileges and Immunities (Diplomatic, Consular, etc.) (Jersey) Law 1998: Regulations: Law drafting instructions

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 8 March 2016:

MINISTERIAL DECISION REFERENCE:    MD-ER-2016-0012

DECISION SUMMARY TITLE:   Drafting Instructions – the European Agreement relating to Persons Participating in Proceedings of the European Court of Human Rights 1996 and the Sixth Protocol to the General Agreement on Privileges and Immunities of the Council of Europe.

DECISION SUMMARY AUTHOR:

 External relations

IS THE DECISION SUMMARY PUBLIC OR EXEMPT?  

Public

REPORT TITLE:   

REPORT AUTHOR OR NAME OF PERSON GIVING REPORT:  (if different from Decision  Summary Author)

 External Relations

IS THE REPORT PUBLIC OR EXEMPT 

Public

DECISION AND REASON FOR THE DECISION:

The Minister for External Relations approved a request for law drafting time to prepare Regulations in connection with persons participating in proceedings of the European Court of Human Rights, to be made under the Privileges and Immunities (Diplomatic, Consular, etc.) (Jersey) Law 1998.

The Government of Jersey has indicated to the UK Government that, in principle, it would wish the Sixth Protocol to the General Agreement on Privileges and Immunities of the Council of Europe and the European Agreement relating to Persons Participating in Proceedings of the European Court of Human Rights, 1996, to be extended to the Bailiwick. 

However, such extensions are dependent on appropriate Regulations to be made under the Privileges and Immunities (Diplomatic, Consular, etc.) (Jersey) Law 1998, as amended. 

This necessary Regulations would confer privileges and immunities on the European Court of Human Rights, its judges and members of the family of its judges, the Registrar and Deputy Registrar, and on persons participating in proceedings before the Court or the Committee of Ministers of the Council of Europe.  The privileges and immunities would be equivalent to those provided in the UK under the European Court of Human Rights (Immunities and Privileges) Order 2000 (SI No. 1817/2000) and the European Court of Human Rights (Immunities and Privileges) (Amendment) Order 2005 (SI No. 3425/2005), as detailed in the attached Report.

RESOURCE IMPLICATIONS:

There are no resource implications arising from this legislation

ACTION REQUIRED:

External Relations shall forward the request and drafting instructions to the Law Draftsman.

SIGNATURE:

 

 

 

POSITION:

 

 

Minister for External Relations

 

 

DATE SIGNED  8 March 2016

EFFECTIVE DATE OF THE DECISION

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