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1240/5(3371)
WRITTEN QUESTION TO THE MINISTER FOR HOME AFFAIRS BY DEPUTY G.P. SOUTHERN OF ST. HELIER
ANSWER TO BE TABLED ON TUESDAY 19th JUNE 2007
Question
- Will the Minister outline to memberswhatissueshave been raised by the legal opinionobtainedby the Education andHome Affairs Scrutiny Panel from MrJonathan Cooper, and released to her, concerning Articles 5, 6,and 7 oftheHumanRights(Jersey) Law 2000?
- Would the Minister further state onwhatoccasions since 1990thepositionofCenteniersintheMagistrate's Court has been raised with her or her predecessors, and what difficulties with the present system,if any, were highlighted?
- Would the Minister state whether legal advicewassoughton these issues from the LawOfficers' Department or elsewhereand,ifso, would she reveal what advice was given?
Answer
- T h e legal opinion from MrJonathanCooper belongs to theEducationandHome Affairs Scrutiny Panel. It was commissionedand paid foras advice to them soitisup to the Panelto decide if it isto be published and if so when and how the information contained within it enters the public domain.
The Opinion was sent to me in confidence and I respect the Panel's view that, by a majority, they would not publish the Opinion until they had finished their work on the wider issues. Because the Panel is continuing to work on the matter it would be inappropriate for me to comment further on the Opinion.
- A s President, then Minister for Home Affairs the position of Centeniers inCourt has been raised with me as follows -
- In the contextof the Rutherford Report. This report was not a judicial services review butan overview of criminal justice matters which were the responsibility of the Home Affairs Committee of the time. Court services are not part of the Home Affairs remit but are matters for the JudiciaryorProsecution.
- During focusgroupdiscussionson the developmentoftheHome Affairs Criminal Justice Policy whereno difficulties were raised about the rôle.
- D uring hearingsof the Education and Home Affairs Scrutiny Panel.
- T h ere is a draftcode for Ministers with respect to legal advice. The current code requires that Ministers do not say whether legal advice has been soughtorwhat any such advice mayconsist of. These matters are to bebrought to the States for debate by the Chairmen'sCommittee.Until that time I am boundbythe existing rules. Dependingon the outcomeof that debate the position mightchange.