Memorandum of understanding between the Bailiff and the Chief Minister (FOI)

​Request

In an article published in the Jersey and Guernsey Law Review, "The Bailiff’s Role As Guardian Of The Constitution", it was noted:

"Today the official channel is much reduced. This is the consequence of the increasing prevalence of direct ministerial communication between ministers of the governments of the United Kingdom and Jersey. Such ministerial correspondence was once the subject of a memorandum of understanding between the Bailiff and the Chief Minister. Pursuant to that MOU it was agreed that ministers should send a copy of all such correspondence to the Bailiff for his information so that he could exercise his duty of advising in any appropriate case. That may not happen as regularly as it did."

Article available at:

https://www.jerseylaw.je/publications/jglr/PDF%20Documents/JGLR2001_MacRae(Bailiff).pdf​

The article was recently referred to a blogpost published online: A. Le Sueur, ‘Finally, separation of powers in Jersey?’, U.K. Const. L. Blog (28th November 2024) (available at https://ukconstitutionallaw.org/2024/11/28/andrew-le-sueur-finally-separation-of-powers-in-jersey/​ )

Could you please provide:

1. A copy of the Memorandum of Understanding (MOU) referred to.

2. Information as to whether the MOU remains in force and operation.

​Response

1.

The Government of Jersey does not hold the Memorandum of Understanding referred to in Question 1. Article 3 of the Freedom of Information (Jersey) Law 2011 applies.

2.

As in the response to Question 1, the Government of Jersey does not hold the Memorandum of Understanding referred to. Therefore, it is not possible to provide an answer to Question 2.

Article applied

Article 3 - Meaning of “information held by a public authority”

For the purposes of this Law, information is held by a public authority if –

(a)     it is held by the authority, otherwise than on behalf of another person; or

(b)     it is held by another person on behalf of the authority.