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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 made (20/05/2009) regarding: European Convention on Human Rights - Withdrawal of Derogation.

Decision Reference: MD-C-2009-0033
Decision Summary Title :	L:\International\Chief Minister decisions\ECHR - withdrawal of derogation 2009.05.18.doc		Date of Decision Summary:	18 May 2009
Decision Summary Author:	International Relations		Decision Summary: Public or Exempt?	Public
Type of Report: Oral or Written?	Written		Person Giving Oral Report:
Written Report Title :	European Convention on Human Rights - withdrawal of derogation		Date of Written Report:	18 May 2009
Written Report Author:	International Relations		Written Report : Public or Exempt?	Public
Subject: European Convention on Human Rights - withdrawal of derogation
Decision(s): The Chief Minister decided to request the UK government to notify the Council of Europe of withdrawal of its derogation to the European Convention on Human Rights (ECHR) on behalf of Jersey, in respect of the former Prevention of Terrorism (Jersey) Law 1996.
Reason(s) for Decision: A derogation to the ECHR was previously necessary as the Prevention of Terrorism (Jersey) Law 1996 had enabled a person suspected of being involved in terrorism to be detained for questioning without the authority of a judicial officer, which was not compatible with Article 5 of the ECHR. When the Terrorism (Jersey) Law 2002 came into force, on 1 September 2003, it replaced the 1996 Law and requires the authority of the Bailiff for continued detention of suspects, which is ECHR compliant. The derogation can only be formally withdrawn on behalf of Jersey if the UK government is requested to notify the depositary accordingly.
Resource Implications: There are no manpower or resource implications.
Action required: The Chief Minister’s Department should - draft a request for transmission through the official channel to the UK Government requesting withdrawal of the derogation; notify the Greffe of the decision.
Signature:		Position: Chief Minister
Date Signed:		Date of Decision (If different from Date Signed):

European Convention on Human Rights - Withdrawal of Derogation.

REPORT

EUROPEAN CONVENTION ON HUMAN RIGHTS - WITHDRAWAL OF DEROGATION

1. Purpose of this report

This report recommends that a request should be made to the United Kingdom Government to request withdrawal of its derogation to the European Convention on Human Rights on behalf of Jersey.

2. Background

Changes to terrorism legislation

A derogation to the European Convention on Human Rights (ECHR) was previously necessary in respect of the Prevention of Terrorism (Jersey) Law 1996. That Law had enabled a person suspected of being involved in terrorism to be detained for questioning without the authority of a judicial officer, which was not compatible with Article 5 of the ECHR.

When the Terrorism (Jersey) Law 2002 came into force, on 1 September 2003, it replaced the provisions of the 1996 Law and requires the authority of the Bailiff for continued detention of suspects, which is ECHR compliant.

However, the derogation remained lodged with the Council of Europe and can only be formally withdrawn on behalf of Jersey if the UK government is requested to notify the depositary accordingly.

Changes to the Human Rights Law

This derogation had been set out in Schedule 2 of the draft Human Rights (Jersey) Law 2000, which had previously been adopted by the States on 8 February 2000, but was not brought into force until 10 December 2006.

When the States adopted the draft Terrorism (Jersey) Law 200-, on 25 June 2002, they agreed that Article 66 of that Law should repeal Schedule 2 of the Human Rights (Jersey) Law 2000 when it came into force. The States therefore de facto deleted the derogation which was to be set out in the Human Rights (Jersey) Law 2000 and thereby agreed in principle to withdrawal of the derogation.

Proposal

The derogation on behalf of Jersey in respect of the Prevention of Terrorism (Jersey) Law 1996 still remains lodged with the Council of Europe, even though that Law has now been replaced by the new Terrorism (Jersey) Law 2002.

It is proposed that a Ministerial Decision should now be made and published which explains the reasons for withdrawal of the derogation and recommends a request is made to the UK government to notify the depositary of withdrawal of the derogation to the ECHR on behalf of Jersey.

4. Recommendation

The Chief Minister should be asked to request the UK government to notify the Council of Europe of withdrawal of its derogation to the European Convention on Human Rights on behalf of Jersey, in respect of the former Prevention of Terrorism (Jersey) Law 1996.

International Relations

18 May 2009