Civil Partnerships (Jersey) Law 201- Amendments to Associated Legislation

Information about the publication of Ministerial Decisions

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 10 May 2011:

Decision Reference: MD-HA-2011-0026
Decision Summary Title :	Civil Partnership (Jersey) Law 201- and other legislation		Date of Decision Summary:	04 May 2011
Decision Summary Author:	Executive Officer Home Affairs		Decision Summary: Public or Exempt? (State clauses from Code of Practice booklet)	Public
Type of Report: Oral or Written?	Written		Person Giving Oral Report:	n/a
Written Report Title :	Civil Partnership (Jersey) Law 201-		Date of Written Report:	04 May 2011
Written Report Author:	Executive Officer Home Affairs		Written Report : Public or Exempt? (State clauses from Code of Practice booklet)	Public
Subject: Draft Civil Partnership (Jersey) Law 201- amendments to Matrimonial Causes (Jersey) Law 1949 and Protection of Employment Opportunities (Jersey) Law 1988.
Decision(s): The Minister noted the amendments that the draft Civil Partnership (Jersey) Law 201- will make to Article 38 of the Matrimonial Causes (Jersey) Law 1949 and Article 3(1)(e) of the Protection of Employment Opportunities (Jersey) Law 1988, and approved the same.
Reason(s) for Decision: The Chief Minister’s Department has asked all Ministers who will have pieces of legislation amended by the Civil Partnership (Jersey) Law 201- to sign off these changes by way of Ministerial Decision. It is desirable that the Civil Partnership (Jersey) Law 201- should come into force to afford same sex couples many of the same rights as married heterosexual couples.
Resource Implications: There are no manpower or resource implications arising from the decision.
Action required: The Executive Officer Home Affairs to notify the Chief Minister’s Department once the Ministerial Decision has been signed.
Signature:		Position: Minister for Home Affairs
Date Signed:		Date of Decision (If different from Date Signed):

Civil Partnerships (Jersey) Law 201- Amendments to Associated Legislation

BRIEF FOR MINISTER

Civil Partnership (Jersey) Law 201-

Introduction:

The draft Civil Partnership (Jersey) Law 201- (the Law) has been endorsed by the Council of Ministers, and is due to be lodged shortly. The Schedule to the Law makes a number of amendments to various enactments in order to provide for civil partners to be treated in the same way as married couples in so far as is possible. In addition to the amendment that will be made to the Police Procedures and Criminal Evidence (Jersey) Law 2003, which was the subject of a separate report, there are two further pieces of legislation for which the Minister for Home Affairs is responsible, which will be amended by the Law.

Matrimonial Causes (Jersey) Law 1949

Article 38 of the Matrimonial Causes (Jersey) Law 1949 is entitled “Re-marriage after divorce or presumption of death”. The Law will amend the title of this Article by inserting “or civil partnership” after the word “re-marriage”. The Law will also amend paragraph (1) of Article 38. That paragraph currently reads:

As soon as any decree of divorce or presumption of death is made absolute, either of the parties to the marriage may, if there is no right of appeal against the decree absolute, marry again as if the prior marriage had been dissolved by death or, if there is such a right of appeal, may so marry again, if no appeal is presented against the decree, as soon as the time for appealing has expired, or, if an appeal is so presented, as soon as the appeal has been dismissed

The Law will insert the words “or enter into a civil partnership” after the words “marry again” in both places where they appear.

Protection of Employment Opportunities (Jersey) Law 1988

The Protection of Employment Opportunities (Designation of Minister) (Jersey) Act 1992 designates the Minister for Home Affairs as having functions under the Protection of Employment Opportunities (Jersey) Law 1988.

The Law amends Article 3(1)(e) of the Protection of Employment Opportunities (Jersey) Law 1988 by simply inserting the words “or civil partner” after the word “spouse”

Recommendation

The Minister is asked to note the amendment that the Law will make to these pieces of legislation for which he has responsibility, and to agree it by making the relevant Ministerial Decision to that effect.

Executive Officer Home Affairs

4 May 2011