Last Oral Questions.

Due to our bizarre system, the next States sitting will include a number of Members who like me have been voted out of Office. However on the plus side I am able to lodge a couple of Oral Questions which have arisen since the last sitting in July. Also in July my proposition P112/2011 (The right to a friend) was deferred following a request from the Minister of Social Security.

I will cover that matter in another Blog which I intend to publish before next Tuesday.

My first Oral Question for next Tuesday has arisen following a complaint from a constituent who felt that the States, by approving P114/2011, which dealt with the tax arrangements for 1 (1) K residents, has created an anomaly which is unfair on local businesses.

"Given that 1(1) (k)' can. outside of property rental. trade in Jersey at 1% personal inncome tax rate once they have exceeded a predetermined yearly income at 20% tax rate, what effect will that have on locally owned businesses that will have to generate an additional 19% profit to maintain parity in competitive businesses and what long term consequences for business ownership and locally generated personal income tax returns?"

My second question is related to the UK Human Rights Act 1998.

Following some very questionable judgements which are bringing the Human Rights Act into disrepute the UK Government has decided to set up the “Commission on a Bill of Rights” to review the Act. I became aware of the review a month back and on 18^th September emailed the Chief Minister, States Members and the Media with the following request. 

Dear Terry

The UK government set up the "Commission on a Bill of Rights" to review and report on reform of the UK Human Rights Act 1998. See http://www.justice.gov.uk/about/cbr/index.htm.  There is a mix of scepticism and concern about what is likely to emerge from the Commission. The Commission includes people who are unsympathetic to the whole idea of European human rights.

It seems the Commission has overlooked the fact that Jersey, Guernsey and the Isle of Man have all adopted legislation almost identical to the UK Human Rights Act 1998.  It would appear to me that the Jersey government ought to respond to the consultation currently being carried out by the Commission?

If the UK Human Rights Act 1998 is amended significantly, would there be consideration in Jersey of amending the Human Rights (Jersey) Law 2000 so that it continues to mirror the 1998 Act? Or would the States be happy to have different domestic legislation incorporating Convention rights in Jersey than applies in the UK (even though the UK government will continue to be responsible for Jersey in the European Court of Human Rights).

I ask whether the Chief Minister's Department is aware of the above information and if so who is dealing with the matter.  Also in view of the points I have covered above what will Jersey's approach be? 

The deadline for responses is 11 November. 

As I did not receive a reply, on 4^th October I re-submitted my email. I received an acknowledgement the following day but as yet have not received a reply to the questions posed. I have therefore lodged the following question.

“Given that the UK government has established the ‘Commission on a Bill of Rights’ to review and report on reform of the UK Human Rights Act 1998 and that the Island has adopted legislation almost identical to the UK Act, will Jersey be participating in the Review and, if so, would consideration be given to amending the Jersey Law should the UK decide to amend its Act?”

Hopefully answers will be forthcoming next Tuesday.