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Why the proposed law Draft Income Tax (Amendment No.35) (Jersey) Law 200- was Convention compliant and what Articles were relevant

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WRITTEN QUESTION TO THE MINISTER FOR TREASURY AND RESOURCES BY THE DEPUTY OF ST. MARTIN

ANSWER TO BE TABLED ON MONDAY 13th SEPTEMBER 2010

Question

Given that during the meeting on 20th July 2010 when debating P.68/2010 Draft Income Tax (Amendment No 35) (Jersey) Law 200-' the Minister did not inform Members why the proposed Law was Convention compliant and what Article(s) were relevant, but the Assistant Minister promised to make that information known, will the Minister now provide the answer?

Answer

Advice is received by Ministers from the Law Officers' Department on whether draft laws are compatible with the European Convention on Human Rights.  Ministers make statements of compatibility based on this advice.

In this case, the Draft Income Tax (Amendment No 35) (Jersey) Law 200- was considered Convention compliant because it applied the existing Income Tax Law (which already applied to partnerships) to the new partnership laws. The Law Officers' Department advised that the new partnership laws were Convention compliant.