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WRITTEN QUESTION TO H.M. ATTORNEY GENERAL BY DEPUTY M.R. HIGGINS OF ST. HELIER
ANSWER TO BE TABLED ON TUESDAY 2ND MAY 2017
Question
Will H.M. Attorney General explain what Human Rights audits, if any, were conducted of the practices and procedures of each of Jersey's courts and tribunals to ensure that they were compatible both prior to, and after, the Human Rights (Jersey) Law 2000 was enacted; and will he further explain when any such audits took place, by whom they were conducted and where, if anywhere, the findings of any such audits can be examined?
Answer
In 2000 the Policy and Resources Committee set up a Human Rights Working Group, which decided that each States and non-executive department would be responsible for reviewing its own legislation and administration, to ensure that processes were human rights compliant.
Reviews were undertaken across departments between the time the Human Rights (Jersey) Law 2000 was adopted by the States, and when it was brought into force on 10 December 2006.
The Judicial Greffe section of the Jersey Court Service is responsible for the provision of judicial and administrative support for the Island's courts and tribunals namely, the Court of Appeal, Royal Court, Magistrate's Court, Petty Debts Court, Youth Court, Income Support Medical Appeal Tribunal, Jersey Employment and Discrimination Tribunal, Social Security Medical Appeal Tribunal and Social Security Tribunal.
All courts and tribunals in Jersey, whether criminal or civil, are public authorities and therefore are required by the Human Rights (Jersey) Law 2000 to act in a way which is compatible with the rights protected by the European Convention on Human Rights. Furthermore, so far as it is possible to do so, principal legislation and subordinate legislation, whenever enacted, including all legislation that underpins judicial processes, must be read and given effect in a way which is compatible with Convention rights.