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Letter - PAC to Directors General of SPPP re Development of Legislation - 27 January 2023

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States Greffe

Tom Walker

Directors General

Strategic Policy, Planning and Performance Government of Jersey

BY EMAIL

27th January 2023

Dear Tom,

Development of Legislation

The  Public  Accounts  Committee  notes  that  the  Draft  Marriage  and  Civil  Partnership (Amendments) (Jersey) Law 202- (P.112/2022) was approved by the States Assembly on 18th January 2023. The Committee also notes that P.112/2022 includes an amendment to resolve an issue with the previous version of the Draft Law, which had meant it was non-compliant with the European Convention on Human Rights (ECHR), despite it having been taken to the Assembly and approved in March 2022.

In order to understand why it was the case that a Draft Law could be presented that was non- compliant  with  the  ECHR,  the  Committee  has  the  following  questions  in  relation  to  the development and amendment of legislation by Strategic Policy, Planning and Performance (SPPP):

  1. Please can you provide an overview of the departmental processes used by Government Officers to develop new legislation within the remit of SPPP?
  2. Please can you advise what checks SPPP has in place to ensure that Law Drafting Instructions accurately describe legislation and its intended purpose?
  3. What procedures does SPPP have in place to respond to issues found during the development of legislation?
  4. What quality assurance procedures are in place to ensure that legislation meets required standards and is compliant with relevant international conventions?

The Committee would be grateful of a response by 5pm on Friday 3rd February 2023. Yours sincerely,

Deputy Lyndsay Feltham

Chair

Public Accounts Committee