States of Jersey (Minister for External Relations) (Jersey) Regulations 201-: Lodged 'au Greffe'

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

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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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 31 May 2013:

Decision Reference: MD-C-2013-0050
Decision Summary Title :	Lodging of the draft States of Jersey (Minister for External Relations) (Jersey) Regulations 201-		Date of Decision Summary:	31st May 2013
Decision Summary Author:	Project & Research Officer		Decision Summary: Public or Exempt? (State clauses from Code of Practice booklet)	Public
Type of Report: Oral or Written?	Written		Person Giving Oral Report:	N/A
Written Report Title :	Draft States of Jersey (Minister for External Relations) (Jersey) Regulations 201-		Date of Written Report:	31st May 2013
Written Report Author:	Director, International Affairs		Written Report : Public or Exempt? (State clauses from Code of Practice booklet)	Public
Subject: Lodging of the draft States of Jersey (Minister for External Relations) (Jersey) Regulations 201-
Decision(s): The Chief Minister agreed to lodge ‘au Greffe’ the draft States of Jersey (Minister for External Relations) (Jersey) Regulations 201- for debate by the States at the earliest opportunity.
Reason(s) for Decision: The attached report details a number of reasons for the creation of a Minister for External Relations to replace the current situation whereby an Assistant Minister to the Chief Minister is charged with these responsibilities. The principal reasons are improved accountability both to the States and the people of Jersey as well as compliance with the international norm that expects a government to have a Minister able to conduct external relations. The regulations in question have already been presented to the States Assembly as a Report in order that they could be made publicly available and so enable the Corporate Services Scrutiny Panel to undertake a review of the regulations unhindered by any potential issues of confidentiality. The Panel subsequently requested that the Council proceed in lodging the draft Regulations for debate before the summer recess. The Panel have advised that they expect to publish their report once the draft Regulations have been lodged by the Chief Minister and before this matter is considered by the States Assembly.
Resource Implications: This simple transition from a post of Assistant Minister to a post of Minister, has no direct financial or manpower implications beyond the resources already agreed by the States Assembly within the Medium Term Financial Plan 2013-2015, but would ensure an immediate improvement to the ability to represent the best interest of the Island overseas.
Action required: The Greffier of the States to be requested to lodge ‘au Greffe’ the draft States of Jersey (Minister for External Relations) (Jersey) Regulations 201- for debate by the States at the earliest opportunity
Signature:		Position: Chief Minister
Date Signed:		Date of Decision (If different from Date Signed):

States of Jersey (Minister for External Relations) (Jersey) Regulations 201-: Lodged 'au Greffe'

Draft States of Jersey (Minister for External Relations) (Jersey) Regulations 201

Report

Background

The Chief Minister made a decision on 13th January 2011 regarding the appointment of an Assistant Chief Minister with responsibility for external affairs (MD-C-2011-0001), which stated that the decision was an interim measure and that the Chief Minister would consider bringing forward a proposal for a new ministerial post at a later date. The Council of Ministers meeting on 12th May 2011 endorsed the proposal to establish an office of minister with responsibility for UK and international relations. The Council of Ministers meeting on 7th December 2012 reaffirmed the proposal to create a Minister for External Relations to share concurrent responsibility for external relations with the Chief Minister.

The Council asked that the necessary draft Regulations be referred in the first instance to the Corporate Services Scrutiny Panel. The Panel indicated that the draft Regulations should be presented to the States Assembly as a Report in order that they could be made publicly available and so enable the Panel to undertake their review unhindered by any potential issues of confidentiality. The Chief Minister, in accordance with MD-C-2013-0020, presented the draft Regulations to the States Assembly for information on 11th March 2013 (R.18/2013).

The Panel subsequently requested that the Council proceed in lodging the draft Regulations for debate before the summer recess. The Panel have advised that they expect to publish their report once the draft Regulations have been lodged by the Chief Minister and before this matter is considered by the States Assembly. The Council of Ministers meeting on 22nd May 2013 noted this request and the Draft States of Jersey (Minister for External Relations) (Jersey) Regulations 201- are accordingly lodged for debate by the States Assembly.

Rationale

International norms

The international norm is for each jurisdiction around the world to have three positions in order to conduct external relations. These three positions are: 1) Head of State (for Jersey, Her Majesty the Queen), 2) Head of Government (for Jersey, the Chief Minister) and 3) Minister for Foreign Affairs (not at present a ministerial post in Jersey and hence now proposed as Minister for External Relations). The United Nations Protocol and Liaison Service maintain an up-to-date reference list of Governments with official titles of the respective Heads of State, Heads of Government and Ministers for Foreign Affairs.

There is therefore an expectation overseas that, along with a Head of Government (Chief Minister), the Government will include within its Cabinet (Council of Ministers) the important role of Minister for Foreign Affairs. Whilst the role of Assistant Chief Minister with responsibility for external relations has proved valuable and much good work has been undertaken, this is not the same as being able to engage on equal terms with Ministers for Foreign Affairs from other jurisdictions. A Minister for External Relations with Cabinet status will inevitably carry more weight overseas, as well as being more easily understandable to those from other cultures around the world.

The creation of a Minister for External Relations will ensure that the Island fills this current gap within the Council of Ministers and so is able to meet the international norm for the conduct of foreign affairs. This is essential if Jersey is to achieve the best possible outcomes in protecting and promoting our interests overseas.

Improved accountability

The creation of a Minister for External Relations to replace an Assistant Minister with these responsibilities would also improve accountability in a number of ways. There would be enhanced accountability to the Council of Ministers as a Minister would be in attendance at each Council meeting to account for their actions in a way that is not necessarily the case with an Assistant Minister. There would be improved accountability to the States Assembly as a Minister would be voted into office by Members and would be required to regularly answer questions in the Assembly and appear before scrutiny as is the case with other Ministers. Most importantly, the creation of a Minister with these responsibilities would provide additional clarity for islanders in holding their Government to account in the increasingly important area of UK and international relations.

Common Policy for External Relations

The Council of Ministers have agreed a Common Policy for External Relations, as reported to the States Assembly in November 2012 (R.140/2012). The conduct of external relations must therefore be undertaken in accordance with the policy agreed by the Council, whether this policy is being implemented by the Chief Minister, the Minister for External Relations or any other Minister. The establishment of a Minister for External Relations would enhance the delivery of the Common Policy and would help to coordinate assistance to other Ministers with a significant international aspect to their respective portfolios.

The establishment of a Minister for External Relations is not intended to change the role of any other Minister with regard to external relations. Nor is it intended to make any changes to the roles of others in the Island, including the important functions performed by the Lieutenant Governor and Bailiff in the conduct of external relations. Lastly, the creation of this new ministerial post is not intended to make any change to the Island’s constitutional relationship with the United Kingdom. The Common Policy for External Relations states clearly that it is not Government policy to seek independence from the United Kingdom. The Common Policy also recalls the Framework for developing the international identity of Jersey signed by the UK and Jersey in 2007 (appended to this report) and the creation of a Minister for External Relations is consistent with this framework.

Financial and manpower implications

This simple transition from a post of Assistant Minister to a post of Minister, has no direct financial or manpower implications beyond the resources already agreed by the States Assembly within the Medium Term Financial Plan 2013-2015, but would ensure an immediate improvement to the ability to represent the best interests of the Island overseas.

Addendum to Report – Framework for developing the international identity of Jersey

Following the statement of intent agreed on 11 January 2006, the Chief Minister of Jersey and the UK Secretary of State for Constitutional Affairs have agreed the following principles. They establish a framework for the development of the international identity of Jersey. The framework is intended to clarify the constitutional relationship between the UK and Jersey, which works well and within which methods are evolving to help achieve the mutual interests of both the UK and Jersey.

1. The UK has no democratic accountability in and for Jersey which is governed by its own democratically elected assembly. In the context of the UK’s responsibility for Jersey’s international relations it is understood that –

• The UK will not act internationally on behalf of Jersey without prior consultation.

• The UK recognises that the interests of Jersey may differ from those of the UK, and the UK will seek to represent any differing interests when acting in an international capacity. This is particularly evident in respect of the relationship with the European Union where the UK interests can be expected to be those of an EU member state and the interests of Jersey can be expected to reflect the fact that the UK’s membership of the EU only extends to Jersey in certain circumstances as set out in Protocol 3 of the UK’s Treaty of Accession.

2. Jersey has an international identity which is different from that of the UK.

3. The UK recognises that Jersey is a long-standing, small democracy and supports the principle of Jersey further developing its international identity.

4. The UK has a role to play in assisting the development of Jersey’s international identity. The role is one of support not interference.

5. Jersey and the UK commit themselves to open, effective and meaningful dialogue with each other on any issue that may come to affect the constitutional relationship.

6. International identity is developed effectively through meeting international standards and obligations which are important components of Jersey’s international identity.

7. The UK will clearly identify its priorities for delivery of its international obligations and agreements so that these are understood, and can be taken into account, by Jersey in developing its own position.

8. The activities of the UK in the international arena need to have regard to Jersey’s international relations, policies and responsibilities.

9. The UK and Jersey will work together to resolve or clarify any differences which may arise between their respective interests.

10. Jersey and the UK will work jointly to promote the legitimate status of Jersey as a responsible, stable and mature democracy with its own broad policy interests and which is willing to engage positively with the international community across a wide range of issues.

Signed 1 May 2007