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International Criminal Court (Jersey) Law 201- (P.35/2014)

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 17 March 2014:

Decision Reference: MD-C-2014-0045

Decision Summary Title :

International Criminal Court (Jersey) Law 201-

Date of Decision Summary:

11 March 2014

Decision Summary Author:

 

External Relations

Decision Summary:

Public or Exempt?

(State clauses from Code of Practice booklet)

Public

Type of Report:

Oral or Written?

Written

Person Giving

Oral Report:

 

Written Report

Title :

International Criminal Court (Jersey) Law 201-

Date of Written Report:

11 March 2014

Written Report Author:

Law Draftsman / Law Officers Department

Written Report :

Public or Exempt?

(State clauses from Code of Practice booklet)

Public

Subject:  International Criminal Court (Jersey) Law 201-

Decision(s):  The Minister for External Relations decided –

1)      to lodge a Projet de Loi entitled ‘International Criminal Court (Jersey) Law 201-’ ; and

2)      subject to the Law being adopted and the International Criminal Court Act 2001 (Jersey) Order 201- being made, to request the United Kingdom government to extend to Jersey its ratification of the Rome Statute of the International Criminal Court. 

Reason(s) for Decision:

The International Criminal Court (“ICC”) is an independent, permanent court that tries persons accused of the most serious crimes of international concern, namely, genocide, crimes against humanity and war crimes.  The ICC is based on a treaty – the Rome Statute of the International Criminal Court (“the Rome Statute”) – adopted on 17th July 1998. 

The Rome Statute entered into force on 1st July 2002.  The International Criminal Court Act 2001 of the United Kingdom (“the 2001 Act”) enabled the United Kingdom to comply with all its obligations under the Statute and accordingly to ratify the Rome Statute. 

It has for several years been the intention of the Jersey Government to give effect to the Rome Statute through domestic legislation in order to seek extension to Jersey of the UK’s ratification of the Statue.  Such extension is in accordance with the agreed External Relations common policy of the Council of Ministers which was presented to the States on 23 November 2012.

The purpose of the International Criminal Court (Jersey) Law 201- is to implement in Jersey a number of the requirements of the Rome Statute. 

For certain limited purposes it is also necessary to extend sections of the 2001 Act by Order in Council.  A separate Decision is to be made by the Chief Minister, in accordance with Article 31(1) of the States of Jersey Law 2005, to lodge a Proposition so that the States may signify their views on the proposed International Criminal Court Act 2001 (Jersey) Order 201-.

Resource Implications: 

There will be no additional manpower, revenue or capital requirements arising.

Action required:

External Relations to inform the Greffier of the States of the Propositions to be lodged simultaneously for debate on the same date.

Signature:

 

Position: 

 

Minister for External Relations

Date Signed:

 

Date of Decision (If different from Date Signed):

 

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