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Social Security Convention between UK and Chile

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 on 15th April 2011:

Decision Reference:  MD-C-2011-0041

Decision Summary Title:

UK – Chile Social Security Convention 2003.4.5

Date of Decision Summary:

30 March 2011

Decision Summary Author:

International Relations

Decision Summary:

Public or Exempt?

Public

Type of Report:

Oral or Written?

Written

Person Giving

Oral Report:

 

Written Report

Title:

Convention on Social Security between the United Kingdom of Great Britain and Northern Ireland and the Government of the Republic of Chile

Date of Written Report:

30 March 2011

Written Report Author:

HMRC

Written Report :

Public or Exempt?

Public

Subject:  UK – Chile Social Security Convention

Decision(s):   The Chief Minister decided, in consultation with the Minister for Social Security, that the proposed Convention on Social Security between the United Kingdom of Great Britain and Northern Ireland and the Government of the Republic of Chile should apply to Jersey, subject to ratification by the States of Jersey, and that the Convention should therefore be signed in respect of Jersey by the United Kingdom government.

 

Reason(s) for Decision:

  • Under Article 18(3)(b) of the States of Jersey Law 2005, the Chief Minister is responsible for conducting Jersey’s external relations. 
  • Extension of international conventions, where appropriate, is consistent with the agreed strategic objective of the States (Strategic Plan 2009-2014) to ‘Strengthen international relationships, supported by legislation, regulation and international agreements, in order to enhance recognition as a responsible jurisdiction committed to international standards.”
  • The Government of the United Kingdom wishes to conclude a reciprocal social security convention with the Republic of Chile and has consulted Jersey as to whether they wish to be included in this agreement.
  • The Minister for Social Security has indicated that he wishes Jersey to be included in the Convention.
  • The Law Officers have indicated they see no problems with entering into the agreement.
  • The United Kingdom Government will sign the convention in early April 2011, to include Jersey within the terms of the convention if that is the wish of Jersey’s government.
  • The convention may come into force in respect of Jersey only when it is subsequently ratified by the States of Jersey.

 

A further MD will be prepared in due course, following signature of the Convention, to request that a report and proposition may be lodged au Greffe by the Chief Minister to seek ratification of the Convention by an Act of the States.

 

Resource Implications:  There are no revenue or manpower implications arising from this decision.  It is considered any consequences with regard to the Social Security funds are minimal. 

 

Action required:  

  • The Chief Minister is requested to approve this decision.
  • Chief Minister’s Department to inform the States Greffe of the decision.
  • Chief Minister’s Department to prepare a letter to the Ministry of Justice for transmission through the official channel, confirming the government of Jersey is content for the convention to be signed in respect of Jersey.

 

Signature:

 

Position: 

 

Senator T.A. Le Sueur, Chief Minister

Date Signed:

 

Date of Decision (If different from Date Signed):

 

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