Draft Mental Health (Amendment No. 2) (Jersey) Law 200-
European Convention on Human Rights
In accordance with the provisions of Article 16 of the
Human Rights (Jersey) Law 2000 the Minister for Health and Social Services has
made the following statement –
In the view of the Minister for Health and Social
Services the provisions of the Draft Mental Health (Amendment No. 2)
(Jersey) Law 200- are compatible with the Convention Rights.
(Signed) Senator B.E. Shenton
REPORT
This Law amends the Mental Health (Jersey) Law 1969 with the effect that the Minister for Health and Social Services may set the rates of remuneration that the Minister pays to members of the Mental Health Review Tribunal by administrative decision, rather than by Order. The Minister already determines what expenses of the Tribunal he or she will pay. This amendment is consistent with amendments recently adopted by the States to enable the rates of remuneration for Ordinary Judges of the Court of Appeal and Commissioners of the Royal Court to be set by administrative decision rather than prescribed by Order.
There are no
financial or manpower implications for the States arising from the adoption of
this Draft Law.
European Convention on Human Rights
Article 16 of the Human Rights (Jersey) Law 2000
requires the Minister in charge of a Projet de Loi to make a statement about
the compatibility of the provisions of the Projet with the Convention rights
(as defined by Article 1 of the Law). On 8th May 2008 the Minister for Health
and Social Services made the following statement before Second Reading of this
Projet in the States Assembly –
In the view of the Minister for Health and Social
Services the provisions of the Draft Mental Health (Amendment No. 2)
(Jersey) Law 200- are compatible with the Convention Rights.
Explanatory Note
This Law amends the Mental Health (Jersey) Law 1969 with the effect that the Minister for Health and Social Services may set the rates of remuneration that the Minister pays to members of the Mental Health Review Tribunal by administrative decision, rather than by Order. The Minister already determines what expenses of the Tribunal he or she will pay.
