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European Union (Repeal and Amendment) (Jersey) Law: 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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 on 19 October 2017:

MINISTERIAL DECISION REFERENCE:    MD-ER-2017-0042

DECISION SUMMARY TITLE: Law Drafting Instructions - European Union (Repeal and Amendment) (Jersey) Law 201-

DECISION SUMMARY AUTHOR:

Director External Relations

IS THE DECISION SUMMARY PUBLIC OR EXEMPT?  

Public

REPORT TITLE:     Law Drafting Instructions - European Union (Repeal and Amendment) (Jersey) Law 201-

REPORT AUTHOR OR NAME OF PERSON GIVING REPORT: 

Ministry for External Relations and Law Officers Department

IS THE REPORT PUBLIC OR EXEMPT? 

Public

DECISION AND REASON FOR THE DECISION:

The Minister for External Relations, in pursuance of Proposition P.7./2017 which was approved on 15 February 2017 by 40 votes to 3, hereby submits instructions to the Law Draftsman to draft the European Union (Repeal and Amendment) (Jersey) Law 201-.

Proposition P7./2017 recognised that the Government of the United Kingdom was likely to issue notice under Article 50 of the Treaty on European Union, and endorsed the Council of Ministers’ intention to propose the repeal of the European Union (Jersey) Law 1973, which implemented Jersey’s relationship with the European Union, which is set out in Protocol 3 to the UK Treaty of Accession.

The Law Draftsman is also instructed to provide for the repeal of the European Economic Area (Jersey) Law 1995. The Agreement on the European Economic Area signed in Oporto on 2 May 1992 was implemented in Jersey by the European Economic Area (Jersey) Law 1995. The EEA Agreement ensures that enactments relating to the EU also extend to trade with the EEA where that is appropriate. This will fall away when the UK is no longer a Member State of the European Union, and repeal of the European Economic Area (Jersey) Law 1995 is required.

It is crucial that the Government of Jersey is equipped to make all the necessary corrections to Jersey Law before the UK leaves the EU, in order to ensure an orderly transition for the Island. Accordingly, a substantial volume of secondary legislation will need to be made under the European Union (Repeal and Amendment) (Jersey) Law 201-, and consequently the Law Draftsman is also instructed to make provision for powers for the States Assembly to make relevant Regulations, and for the States to give powers to Ministers to make relevant Orders in order to achieve the orderly transition.

RESOURCE IMPLICATIONS:    There are no resource implications arising directly from this legislation. The Government of Jersey has increased resources to provide for Brexit-related work and this provision is regularly reviewed.

ACTION REQUIRED:  :  To request the Law Draftsman to draft the European Union (Repeal and Amendment) (Jersey) Law 201- on the basis of the Law Drafting Instructions provided by the Minister for External Relations.

SIGNATURE:

 

SENATOR SIR PHILIP BAILHACHE

POSITION:

 

MINISTER FOR EXTERNAL RELATIONS

 

DATE SIGNED:

 

EFFECTIVE DATE OF THE DECISION:

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