LAW REVISION BOARD: APPOINTMENT OF MEMBERS
REPORT TO THE MINISTER FOR TREASURY AND RESOURCES
Purpose of Report
To request the Minister for Treasury and Resources to approve a report and proposition on membership of the Law Revision Board so that it can be lodged ‘au Greffe’ for debate.
Background
The relationship between the Minister and the Jersey Legal Information Board (JLIB) is set out in the law granting an Act of Incorporation to JLIB. These functions were transferred to the Minister from the former Finance and Economics Committee by the machinery of government regulations. Recommendations relating to the membership of the Law Revision Board are therefore matters for which the Minister is currently responsible even though most matters relating to the judicial departments are now the responsibility of the Chief Minister.
The Law Revision Board is established by the Law Revision (Jersey) Law 2003 and comprises –
2 States members appointed by the States;
HM Attorney General;
Greffier of the States;
Law Draftsman
Deputies Dorey and Baudains were appointed to the Board in 2003 and with the departure of Deputy Dorey from the States it has become necessary to find a replacement. In addition it is recommended that Deputy Baudains be re-appointed as his initial appointment was made before the coming into force of the Law Revision (Jersey) Law 2003 and it would be preferable for both appointments to be made under the Law. Deputy Baudains has indicated a willingness to continue in this role.
The Minister wrote to all States members (see Appendix 1) to seek expressions of interest for the vacant position. The Deputy of St Martin was the only member to respond. The Deputy is well known for his close interest in legislation and has often brought forward amendments to projets or ‘in principle’ propositions seeking States’ agreement for new legislation. It is therefore considered that he is eminently suitable for this position
Recommendation
The Minister is requested –
1) to approve the draft report and proposition (Appendix 2) seeking the approval of the States to the appointment of the Deputy of St Martin and Deputy Baudains as members of the Law Revision Board;
2) request the Greffier of the States to take the necessary steps for the proposition to be lodged ‘au Greffe’ for debate at the earliest opportunity.
Greffier of the States
23rd January 2006
APPENDIX 1
Text of letter sent to all States members by the Minister
Dear colleague,
Law Revision Board
The Law Revision (Jersey) Law 2003 was approved by the States in July 2003 and gives a statutory framework to allow revised editions of the laws of Jersey to be prepared and given official status as the “sole authentic edition of the laws of Jersey, in respect of the law contained in it and in force on the revision date” (Article 9).
The first Revised Edition was produced earlier this year and published in hard copy and on the Jersey Legal Information Board website. The revised edition makes it possible for users of the laws to find an accurate and up to date version of each piece of legislation with, for example, all amendments incorporated, repealed Articles omitted and references updated. The preparation of the first revised edition was undertaken by an external Law Revision Manager who worked on the project under contract for some 3 years in close consultation with the Law Draftsman’s Office.
The Law Revision (Jersey) Law 2003 establishes a Law Revision Board, comprising 2 members of the States, the Attorney General, the Greffier of the States and the Law Draftsman, who are authorised by the Law to bring into force each Revised Edition. Deputies Gerard Baudains and Jerry Dorey were appointed by the States in 2003 to sit on the Board.
In order to keep the revised edition up to date it is intended to publish regular updates. Updates will be prepared in house by the Law Draftsman’s Office and the first update will be published in the spring of 2006 so that the revised edition can show all the changes made to the laws of Jersey following the move to the ministerial system. It is hoped that further updates will be published on an annual basis thereafter.
With the departure from the States of Deputy Dorey it is necessary to identify another member willing to serve on the Law Revision Board. Although the Board met quite frequently during the preparation of the first Revised Edition, I am reliably informed that this is not now expected to be an onerous task for the updates with only one or two short meetings each year. There may, in addition, be occasional written material to comment on from the Law Draftsman’s Office. Membership is likely to appeal to any member who has an interest in legislation although the work is largely restricted to being satisfied at a political level that the revised edition prepared by the Law Draftsman’s Office is ready to be brought into force. In practice it is, of course, necessary for the 2 States members and the Greffier of the States to rely on the legally qualified members of the Board to give the necessary assurance about the contents of the updates. On occasions Board members are also asked about the exercise of the law revision powers in the Law (the Law can be viewed on the JLIB website www.jerseylegalinfo.je under reference number Chapter 15.420)
If you are interested in serving on the Board I would be grateful if you could let the Greffier of the States know as soon as possible so that I can take the necessary proposition to the States. I am sure that Deputy Baudains would be willing to speak to any member who is interested to know more about the work and I know that the Law Draftsman and the Greffier would also be happy to give more information.
APPENDIX 2
PROPOSITION
LAW REVISION BOARD: APPOINTMENT OF MEMBERS
THE STATES are asked to decide whether they are of opinion -
in accordance with Article 2(1)(a) of the Law Revision (Jersey) Law 2003, to appoint the Deputy of St. Martin and Deputy Gerard Clifford Lemmens Baudains of St. Clement as members of the Law Revision Board.
MINISTER FOR TREASURY AND RESOURCES
REPORT
The Law Revision Board was established by the Law Revision (Jersey) Law 2003 to oversee the preparation and publication of revised editions of the laws of Jersey. Article 2 of the Law specifies that the Board shall comprise 2 members of the States, appointed by the States, together with the Attorney General, the Greffier of the States and the Law Draftsman.
In 2005, after a project taking some 2½ years, the Law Revision Board brought into force the first Revised Edition of the Laws of Jersey which was published in hard copy and on the Jersey Legal Information Board website (www.jerseylegalinfo.je). The Revised Edition is a statement of the law in force at the revision date and enables users to find the current version of each piece of legislation, taking account of the various amendments and repeals that might have changed the original enactment. In addition, through the use of the law revision powers in the Law, the Board was able to ensure that references in the legislation to matters such as the names of bodies or office holders were updated and the text was made gender neutral. The Revised Edition is undoubtedly an invaluable tool, not only for professionals such as lawyers and those working in the finance industry, but also for members of the public who need to consult local legislation. Its publication has clearly put Jersey at the forefront of comparable jurisdictions in terms of the accessibility of up to date legislation.
In order to keep the Revised Edition up to date the Law Revision Board announced last year that it hoped to produce annual updates. These will be prepared ‘in house’ by the Law Draftsman’s Office and will ensure that the Revised Edition remains current. It is anticipated that the first update, showing the law at 1st January 2006, will be brought into force at the end of March 2006 and this update will, importantly, reflect the substantial changes made to Jersey legislation as a result of the machinery of government changes.
On 22nd July 2003 the States appointed Deputies Jerry Dorey and Gerard Baudains as members of the Law Revision Board. With the departure of Deputy Dorey from the States it is necessary to appoint a replacement member to serve alongside Deputy Baudains who has kindly offered to put his name forward for re-appointment. I wrote to all members about the vacant position and the Deputy of St. Martin has put his name forward to serve as a member of the Board. It is not anticipated that the Board will need to meet more than once or twice a year although there may occasionally be written material from the Law Draftsman’s Office for Board members to comment on. The role of the 2 States members is principally to be satisfied, at a political level, that the revised edition prepared by the Law Draftsman’s Office is ready to be brought into force although, in practice they will need to rely largely on the legally qualified members of the Board to give the necessary assurance about the contents of the updates.
I am extremely grateful to both Deputies for agreeing to be nominated for membership of the Board. Both are known for their interest in legislation and have a reputation for scrutinising new laws and Regulations being brought forward carefully. I have no hesitation in recommending them for this position.
Financial and manpower implications
There are no additional financial or manpower implications arising from this proposition.
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