Marrakesh Treaty & Rome Convention: Extension to Jersey: Request

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 18 December 2020:

MINISTERIAL DECISION REFERENCE: MD-ER-2020-0063
DECISION SUMMARY TITLE: Marrakesh Treaty & Rome Convention – Request for extension to Jersey
DECISION SUMMARY AUTHOR:	Policy Principal, Competition & Intellectual Property	IS THE DECISION SUMMARY PUBLIC OR EXEMPT?		Public
REPORT TITLE: Marrakesh Treaty & Rome Convention – Request for extension to Jersey
REPORT AUTHOR OR NAME OF PERSON GIVING REPORT:	Policy Principal, Competition & Intellectual Property	IS THE REPORT PUBLIC OR EXEMPT?		Exempt (FOI Articles 31 & 41)
DECISION AND REASON FOR THE DECISION: The Minster for External Relations authorised that a formal request be made for the extension to Jersey of the UK’s ratification of the: - Marrakesh Treaty to Facilitate Access to Published Works for Persons Who Are Blind, Visually Impaired or Otherwise Print Disabled (the “Marrakesh Treaty”); and - Rome Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organizations (the “Rome Convention”). The Marrakesh Treaty has a clear humanitarian and social development dimension and its main goal is to create a set of mandatory copyright limitations and exceptions for the benefit of the blind, visually impaired, and otherwise print disabled. The Rome Convention is about securing protection in performances for performers, in phonograms for producers of phonograms and in broadcasts for broadcasting organisations. On 18 November 2020, the States Assembly unanimously adopted the Intellectual Property (Unregistered Rights) (Marrakesh Treaty) (Jersey) Regulations 2020 which make a small number of changes to the Intellectual Property (Unregistered Rights) (Jersey) Law 2011 to ensure compliance of Jersey law with the Marrakesh Treaty. With regard to the Rome Convention, no legislative changes are needed for the extension of this Convention to Jersey. The Attorney General has reviewed Jersey’s ability to comply with its obligations in respect of both the Marrakesh Treaty and the Rome Convention and has advised that these can now be extended to Jersey. A formal request for extension of the Marrakesh Treaty and the Rome Convention to Jersey can now be made through the official channel.
RESOURCE IMPLICATIONS: There are no resource implications arising from this Ministerial Decision.
ACTION REQUIRED: The Ministry of External Relations shall take the necessary steps to process the formal request for extension of the Marrakesh Treaty and the Rome Convention through the official channel.
SIGNATURE: SENATOR IAN GORST			POSITION: MINISTER FOR EXTERNAL RELATIONS

DATE SIGNED			EFFECTIVE DATE OF THE DECISION