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European Union (United Kingdom Exit Miscellaneous Amendments) (Jersey)

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 21 December 2018

MINISTERIAL DECISION REFERENCE:    MD-ER-2018-0049

DECISION SUMMARY TITLE:     European Union (United Kingdom Exit  Miscellaneous Amendments) (Jersey) Regulations 201-

DECISION SUMMARY AUTHOR:

External Relations Officer

IS THE DECISION SUMMARY PUBLIC OR EXEMPT?  

Public

REPORT TITLE:     European Union (United Kingdom Exit  Miscellaneous Amendments) (Jersey) Regulations 201-

REPORT AUTHOR OR NAME OF PERSON GIVING REPORT: 

Law Draftsman

IS THE REPORT PUBLIC OR EXEMPT? 

Public

DECISION AND REASON FOR THE DECISION:

The new European Union (United Kingdom Exit – Miscellaneous Amendments) (Jersey) Regulations 201- (the “new Regulations”) effects essential amendments to a number of pieces of legislation as a consequence of the withdrawal of the United Kingdom (the “UK”) from the European Union (the “EU”). Once the UK has left the EU on 29 March 2019 it will cease to be a member state. As such, any provisions that refer to “member states of the EU” will no longer include the UK. To preserve the intended policy effect of such provisions, the references must be amended so that they continue to operate properly, making separate reference to the United Kingdom where appropriate.

 

The new Regulations will be made pursuant to Article 5A of the European Union Legislation (Implementation) (Jersey) Law 2014 as amended by the European Union (Repeal and Amendment) (Jersey) Law 2018, which enables the States Assembly to fix deficiencies in domestic legislation arising from Brexit. The changes made by the new Regulations are minor but essential. Furthermore the changes are needed whether or not an agreement on the terms of the United Kingdom’s withdrawal is finally concluded between the UK and the EU. This is because the UK will no longer be a member state after 29 March 2019, regardless of the terms on which the UK leaves the EU (i.e. whether or not there is a withdrawal agreement and whether or not there is an implementation period).

 

The legislation being amended is the Employers’ Liability (Compulsory Insurance) (Jersey) Law 1973, the Supply of Goods and Services (Jersey) Law 2009, the Data Protection (Jersey) Law 2018, the Income Tax (Jersey) Law 1961, the Waste Management (Jersey) Law 2005, and the Control of Housing and Work (Jersey) Law 2012.

 

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 (United Kingdom Exit  Miscellaneous Amendments) (Jersey) Regulations 201- for consideration by the States Assembly at the next available opportunity.

 

SIGNATURE:

 

 

SENATOR IAN GORST

POSITION:

 

 

MINISTER FOR EXTERNAL RELATIONS

 

 

DATE SIGNED

EFFECTIVE DATE OF THE DECISION

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