International Conventions and Agreements

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 (10.05.06) to approve the progress report on International Conventions and Agreements.

Subject:	International Conventions and Agreements: Progress Report
Decision Reference:	MD-C-2006-0022		Exempt clause(s):	-
Type of Report: (oral or written)	Written		Person Giving Report (if oral):	-
Telephone or e-mail meeting?	N/A		Report File ref:	IR/60
Written report – Title	International Conventions and Agreements: Progress Report for Period 1 October 2005 to 31 March 2006
Written report – Author (name and job title)	Joanna Davey – Research and Project Officer
Decision(s): To approve the progress report for publication to the States. (Draft attached)
Reason(s) for decision: It is standard practice for international treaties, conventions and agreements that have been referred formally to the insular authorities to be laid before the States for information.
Action required: To send the approved progress report to the Greffier for publication as a RC.
Signature: (Minister/ Assistant Minister)		Date of Decision:

International Conventions and Agreements - Progress Report

STATES OF JERSEY

INTERNATIONAL CONVENTIONS AND AGREEMENTS: PROGRESS REPORT FOR PERIOD 1 APRIL TO 30 SEPTEMBER 2005

Presented to the States on XXXX by the Chief Minister

INTERNATIONAL CONVENTIONS AND AGREEMENTS:

PROGRESS REPORT FOR PERIOD 1 APRIL TO 30 SEPTEMBER 2005

Part One: International Labour Organisation

International Labour Organisation – Article 22 Reports

Part Two: New Matters referred to the Island Authorities

Hague Convention on the Protection of Cultural Property in the Event of Armed Conflict, 1954

Part Three: Matters referred to in earlier reports

World Health Organisation Convention on Tobacco Control (FCTC)
European Convention on the Adoption of Children, 1967
EEC Convention on Long Range Transboundary Air Pollution – Aarhus Protocol on Persistent Organic Pollutants (POPs)
United Nations Framework Convention on Climate Change – the Kyoto Protocol
OECD Convention on Combating Bribery of Foreign Public Officials in International Business Transactions: Follow up to the UK’s Phase 2 Review

Part Four: Matters where a decision has been made by the Island Authorities

UNESCO International Anti-Doping Convention and Drug Free Sport
Chemical Weapons Convention

Part Five: Confirmation of ratification of earlier matters referred to in earlier reports

The Island Authorities did not receive any confirmation of ratifications during this period. INTERNATIONAL CONVENTIONS AND AGREEMENTS:

PROGRESS REPORT FOR PERIOD 1 APRIL TO 30 SEPTEMBER 2005

This report contains a list of international treaties, conventions and agreements that have been referred formally to the Island Authorities during the period of 1 April to 30 September 2005.

PART ONE:

INTERNATIONAL LABOUR ORGANISATION

The Island is party to a number of Conventions under the auspices of the International Labour Organisation (ILO). Each year, the United Kingdom is required under Article 22 of the ILO Constitution to submit reports on the application of various ratified Conventions, some of which have been extended to the Channel Islands. The Island Authorities are required to provide information on those reports which extend to the Island.

Article 22 Reports

A) Maritime Conventions

 Minimum Age (Sea) Convention, 1920	(No. 7)
 Unemployment Indemnity (Shipwreck) Convention, 1920	(No. 8)
 Medical Examination of Young Persons’ Convention, 1921	(No. 16)
 Seamen’s Articles of Agreement Convention, 1926	(No. 22)
 Certification of Ships’ Cooks Convention, 1946	(No. 69)
 Certification of Able Seamen Convention, 1946	(No. 74)

B) Employment and Labour Conventions

 Forced Labour Convention, 1930	(No. 29)
 Sickness Insurance (Sea) Convention, 1936	(No. 56)
 Labour Inspection Convention, 1947	(No. 81)
 Abolition of Forced Labour Convention, 1957	(No. 105)
 Labour Statistics Convention, 1985	This Convention seeks to assure a functional equivalence among the measures taken by the Parties to combat bribery of foreign public officials, without requiring uniformity or changes in fundamental principles of a Party's legal system. Action: The OECD’s Phase 2 Review of the UK’s implementation of the OECD Bribery Convention was published on 17 March 2005. The UK’s next task is to give an oral report on progress at the Working Group on Bribery. The UK’s report will be an opportunity to demonstrate what has been done to address the recommendations. Among the Working Group’s recommendations was that the United Kingdom, within the rules governing their relationship, invite the Island Authorities to enact a comprehensive anti-corruption statute at the earliest possible date in order to extend the Convention to the Island. The Island Authorities have confirmed their wish to request ratification of the Convention on behalf of the Island after the Corruption (Jersey) Law 200- has been enacted. PART FOUR: MATTERS WHERE A DECISION HAS BEEN MADE BY THE ISLAND AUTHORITIES 1. UNESCO International Anti-Doping Convention and Drug-Free Sport Objective: To develop an internationally legally-binding convention against doping in sport in order to provide a legal framework that will bind all countries, through international law, to develop anti-doping programmes in accordance with the World Anti-Doping Code of the World Anti-Doping Agency and which will set out the governments’ responsibilities in the fight against doping in sport. Action: The Department for Culture, Media and Sports (DCMS) advised that the UK intended to sign the Convention in October 2005 and to ratify it by 9 February 2006 in time for the next Winter Olympics. The DCMS also asked if the Island Authorities wish to have the Convention extended to them and, if so, to confirm that the necessary legislation is in place. Further to helpful discussions with the Department for Culture, Media and Sport and with UK Sport regarding the implications of ratification, the Island Authorities confirmed that they were able to implement the necessary measures and that they wish for ratification of the Convention to be extended to Jersey. 2. Chemical Weapons Convention Objective: The objective of the Chemical Weapons Convention (CWC) is to rid the world of chemical weapons by prohibiting their development, production, acquisition, stockpiling, retention, transfer, and use. Action: The Chemical Weapons Act 1996, relating to the Crown Dependencies did not enter into force until after the UK ratification of the Chemical Weapons Convention. The UK ratification, therefore, could not be extended to the Crown Dependencies. The DCA has informed the Island Authorities that the Department for Trade and Industry (DTI) is now in a position to revise the UK ratification of the Convention to cover the Crown Dependencies. The Island Authorities will also need to provide the DTI with information, in connection with certain chemicals, in order for the UK to meet its obligations under the Convention. The Island Authorities have, as requested, informed the DTI of Jersey’s status with regard to the relevant chemicals and have confirmed that they wish for the UK ratification to be extended to Jersey. PART FIVE: CONFIRMATION OF RATIFICATION OF EARLIER MATTERS REFERRED TO IN EARLIER REPORTS The Island Authorities did not receive any confirmation of ratifications during this period.