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European Union Legislation (Implementation) (Jersey) Law 2014: Amendment: 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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 19 August 2016:

MINISTERIAL DECISION REFERENCE:    MD-ER-2016-0030

DECISION SUMMARY TITLE:  Request for law drafting - Amendment to the European Union Legislation (Implementation) (Jersey) Law 2014

DECISION SUMMARY AUTHOR:

International Treaties Manager

IS THE DECISION SUMMARY PUBLIC OR EXEMPT?  

Public

REPORT TITLE:   Drafting Instructions – Wine and Spirits aspects – TRIPS Convention

REPORT AUTHOR OR NAME OF PERSON GIVING REPORT:  (if different from Decision  Summary Author)

Legal Adviser

IS THE REPORT PUBLIC OR EXEMPT?

Exempt 

QE 35 – legal advice

DECISION AND REASON FOR THE DECISION:

The Minister authorised the drafting of an amendment to the European Union Legislation (Implementation) (Jersey) Law 2014, for compliance with Article 23 of the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Convention) dealing with Geographical Indicators and wine and spirits.  The amendment will allow for the extension of the TRIPS Convention to Jersey.  This is part of the extension of the WTO Agreement itself to Jersey.

RESOURCE IMPLICATIONS:

There are no financial or manpower implications arising from this Ministerial Decision.

 

ACTION REQUIRED:

The Law Draftsman to draft the amendment to the European Union Legislation (Implementation) (Jersey) Law 2014.

SIGNATURE:

 

 

 

POSITION:

 

Minister for External Relations

 

 

DATE SIGNED

EFFECTIVE DATE OF THE DECISION

 

 

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