Imprisonment for debt

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A decision made (31.07.06) to agree to the withdrawal of Jersey's derogation in relation to Article 11 of the International Covenant on Civil and Political Rights.

Subject:	Imprisonment for debt
Decision Reference:	MD-C-2006-0032		Exempt clause(s):	-
Type of Report: (oral or written)	Written		Person Giving Report (if oral):
Telephone or e-mail Meeting?			Report File ref:	Int 50/1
Written report – Title	International covenant on civil and political rights – withdrawal of derogation to Article 11
Written report – Author (name and job title)	International Relations
Decision(s): To agree that a derogation on behalf of Jersey in relation to Article 11 of the ICCPR is no longer required and accordingly to request the UK to withdraw its derogation.
Reason(s) for decision: The United Kingdom ratified the International Covenant on Civil and Political Rights (ICCPR) on Jersey’s behalf on 20 May 1976. At the time of ratification, a derogation was entered for Jersey in respect of our rules permitting the arrest of a debtor for non-payment of a contractual claim. Since then, as a result of the Court of Appeal decision in the case of Benest v Le Maistre 1998 JLR 213 the Royal Court can be expected to exercise its discretion in relation to an application for an Acte à Peine de Prison, having regard to the provisions of Article 11 of the ICCPR. It is considered that there is adequate protection to ensure that the United Kingdom will not be in breach of the International Covenant if the derogation is removed. Consequently, the derogation on behalf of Jersey in relation to Article 11 of the ICCPR is no longer required.
Action required: Forward to the UK a formal request that it withdraws its derogation which it has entered on Jersey’s behalf in relation to Article 11 of the International Covenant on Civil and Political Rights. Inform the Publications Editor to arrange for publication of the Ministerial Decision on www.gov.je
Signature: Chief Minister		Date of Decision: