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WRITTEN QUESTION TO THE CHIEF MINISTER BY DEPUTY P.V.F. LE CLAIRE OF ST. HELIER
ANSWER TO BE TABLED ON TUESDAY 1st MAY 2007
Question
Would the Chief Minister outline the formal processes which currently exist between the States of Jersey, HM Attorney General and Her Majesty's Government relating to negotiations on matters of jurisdiction, constitution or constitutional relationships?
Answer
I interpret matters of jurisdiction, constitution or constitutional relationships' to mean issues relating to the external relations of Jersey in respect of the United Kingdom or any other state.
Article 18 of the States of Jersey Law, 2005, states that a function of the Council of Ministers includes discussing and agreeing their common policy regarding external relations. Furthermore, the Article provides that a function of the Chief Minister includes conducting external relations in accordance with the common policy agreed by the Council of Ministers.
However, this responsibility is always carried out within the authority of the States of Jersey. For example, in implementing a policy agreed as part of the States Strategic Plan, or in following adoption of a proposition in the States, the advice of HM Attorney General and guidance of the Bailiff will be sought where appropriate.
Following the agreement of a policy position by the States or by Ministers, the process for communications with Her Majesty's Government is either directly via Ministerial correspondence or through official correspondence via the Bailiff 's Chambers after discussion with HM Attorney General.