Government of Jersey

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 was made(3 April 2006) to approve the draft report and proposition entitled Treaty on Open Skies (Privileges and Immunities) (Amendment) (Jersey) Law 200- .

Subject:	Treaty on Open Skies - Privileges and Immunities
Decision Reference:	MD-C-2006-0019		Exempt clause(s):	n/a
Type of Report: (oral or written)	Written		Person Giving Report (if oral):
Telephone or e-mail Meeting?			Report File ref:	29/11
Written report – Title	Treaty on Open Skies (Privileges and Immunities) (Amendment) (Jersey) Law 200-
Written report – Author (name and job title)	International Relations and Policy Officer
Decision(s): The Chief Minister is recommended to approve the draft report and proposition entitled ‘Treaty on Open Skies (Privileges and Immunities) (Amendment) (Jersey) Law 200- ‘and to request that it is lodged ‘au Greffe’ for consideration by the States at the earliest opportunity.
Reason(s) for decision: Jersey has international obligations in connection with the Treaty on Open Skies, which was extended to Jersey on the request of the Island Authorities. The Treaty came into force on 1st January 2002. The Treaty on Open Skies (Privileges and Immunities) (Jersey) Law 1993, has been adopted by the States. However, Jersey was not informed at the time when the Treaty came into force and, therefore, the commencement procedure for the Law was not completed. The proposed Treaty on Open Skies (Privileges and Immunities) (Amendment) (Jersey) Law 200- will remedy the position and bring the Law into force at the earliest opportunity.
Action required: The matter should be referred to the Assistant Greffier in order that the draft report and proposition can be lodged ‘au Greffe’ for consideration by the States at the earliest opportunity.
Signature: Chief Minister		Date of Decision:

Treaty on Open Skies - Privileges and Immunities

Treaty on Open Skies (Privileges and Immunities) (Amendment) (Jersey) Law 200-

Report

The Treaty on Open Skies was designed to foster openness and transparency in the military activities of the signatory states by means of reconnaissance flights to observe and monitor sites such as military bases, airports, seaports and industrial centres. The Treaty responds to the desire of many countries to find a way to build confidence, stability and predictability into the arms-control and arms-verification processes. The Treaty was extended to Jersey at the request of the Island Authorities.

To enable personnel to carry out their duties under the Treaty without hindrance, designated individuals are to be granted the privileges and immunities that are enjoyed by diplomatic personnel. Accordingly, the Treaty on Open Skies (Privileges and Immunities) (Jersey) Law 1993 was adopted by the States.

In the course of maintaining the revised edition of the laws of Jersey, it was noted that the Treaty on Open Skies (Privileges and Immunities) (Jersey) Law 1993 was not in force. As enacted, that Law provided that it would come into force on a day appointed by Act of the States “being a day not later than the day of entry into force of the Treaty”. The date when the Treaty would enter into force was not known at the time, as the Treaty was expressed to come into force 60 days after it had been ratified by 20 signatories. In fact the Treaty came into force on 1st January 2002 but the Island Authorities were not advised of this event.

Because the power to commence the Law is expressed so that it must be exercised before the entry into force of the Treaty, there is doubt as to whether the power may now be used to commence the Law.

Accordingly, this amending Law replaces the original power to make an Appointed Day Act with a provision bringing the Law into force 7 days after the amending Law is registered.

Explanatory Note

This Law would amend the Treaty on Open Skies (Privileges and Immunities) (Jersey) Law 1993 so as to bring it into force 7 days after the registration of this Law.

Treaty on Open Skies (Privileges and Immunities) (Amendment) (Jersey) Law 200-

A LAW to amend the Treaty on Open Skies (Privileges and Immunities) (Amendment) (Jersey) Law 200-

Adopted by the States [date to be inserted]

Sanctioned by Order of Her Majesty in Council [date to be inserted]

Registered by the Royal Court [date to be inserted]

THE STATES, subject to the sanction of Her Most Excellent Majesty in Council, have adopted the following Law –

1 Article 3 of the Treaty on Open Skies (Privileges and Immunities) (Jersey) Law 1993 amended

For Article 3(2) of the Treaty on Open Skies (Privileges and Immunities) (Jersey) Law 1993 there shall be substituted the following paragraph -

“(2) This Law shall come into force on the same day as the Treaty on Open Skies (Privileges and Immunities) (Amendment) (Jersey) Law 1993.”.

2 Citation and commencement

This Law may be cited as the Treaty on Open Skies (Privileges and Immunities) (Amendment) (Jersey) Law 200- and shall come into force 7 days after it is registered.