European Convention on Mutual Assistance in Criminal Matters 1959.

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 (24/03/2007) regarding: European Convention on Mutual Assistance in Criminal Matters 1959.

Subject:	European Convention on Mutual Assistance in Criminal Matters 1959
Decision Reference:	MD-C-2007-0021		Exempt clause(s):	-
Type of Report: (oral or written)	written		Person Giving Report (if oral):
Telephone or e-mail Meeting?			Report File ref:	Int C.12
Written report – Title	European Convention on Mutual Assistance in Criminal Matters 1959 – correspondence
Written report – Author (name and job title)	Attorney General
Decision(s): The Chief Minister requested the United Kingdom government to seek ratification on behalf of Jersey of the European Convention on Mutual Assistance in Criminal Matters, 1959, and its Additional Protocol, 1978, subject to certain reservations and declarations.
Reason(s) for decision: · The United Kingdom ratified the European Convention on Mutual Assistance in Criminal Matters, 1959, (‘the Convention’) and the Additional Protocol, 1978, on 29 August 1991. The purpose of the Convention, which has been made by members of the Council of Europe, is to adopt common rules in the field of mutual assistance in criminal matters, and the purpose of the additional protocol is to extend mutual assistance to include criminal matters involving tax or other fiscal offences. · Since implementation of the Criminal Justice (International Co-operation) (Jersey) Law, 2001, Jersey is now in a position to fulfil the terms of the Convention. · Jersey currently adopts the practice of mutual co-operation in criminal matters, and extension of the Convention is a demonstration of Jersey’s commitment in this regard. · Ratification of the Convention on behalf of Jersey will have no additional manpower or resource implications. · Ratification on behalf of Jersey supports the objectives approved by the Council of Ministers and the States in the 2006-2011 Strategic Plan, with regard to compliance with international standards set through the extension of international treaties and conventions, and to enhance Jersey’s reputation as a co-operative and well-regulated jurisdiction. The Chief Minister is therefore authorised, in accordance with the States of Jersey Law 2005, to request ratification on behalf of Jersey. · The United Kingdom has made a number of reservations and declarations at the time of its ratification of the Convention, and in respect of the Additional Protocol, and it is proposed that these should also be adopted for Jersey subject to some necessary variations.
Action required: · Notify the Greffe of Ministerial decision to be published · A request for ratification shall be forwarded to the UK government through official channels · The decision shall be reported as part of the six-monthly progress report to the States on international treaties and conventions
Signature: Chief Minister		Date of Decision: 24 March 2007