STATES OF JERSEY

SECOND INTERIM REPORT OF THE CONSTITUTION REVIEW GROUP

Presented to the States on 27th June 2008
by the Council of Ministers

STATES GREFFE

Second Interim Report

of the

Constitution Review Group

Members: Sir Philip Bailhache, Bailiff of Jersey (Chairman)

William Bailhache QC, H.M. Attorney-General

Bill Ogley, Chief Executive

Martin de Forest-Brown, Director, International Finance

Colin Powell, Adviser, International Affairs

Mike Entwistle, International Relations

Secretary: David Filipponi, Chief Officer, Bailiff’s Chambers

December 2007

CONTENTS

Page

1. INTRODUCTION.. 1

2. DEFENCE AND INTERNAL SECURITY.. 3

Current constitutional divisions of responsibility between Jersey and the UK.. 3

Replacement of the UK’s responsibility. 4

Membership of a defensive alliance. 5

Defence agreement 6

Defence force. 7

Elements of internal security. 8

Recommendations. 10

3. INTERNATIONAL RELATIONS. 11

Preliminary. 11

International personality. 12

Treaties and other international agreements. 14

Establishment of a foreign office. 16

Recommendations. 19

4. INTERNAL CONSTITUTIONAL CONSIDERATIONS. 19

The Governor General 19

A Constitution for Jersey. 21

Bill of Rights. 22

Structures of government 22

The Judiciary and other institutions of government 25

Citizenship. 27

Emergency powers. 27

Recommendations. 28

5. ECONOMIC CONSIDERATIONS. 28

Transport Issues. 30

Recommendation. 31

6. OTHER INTERNAL CONSIDERATIONS. 31

Wireless telegraphy. 31

Common travel area. 32

Health, Education and Prison issues. 32

Recommendations. 33

7. CONCLUSION.. 34

Recommendation. 35

8. SUMMARY OF RECOMMENDATIONS. 36

9. APPENDICES. 39

Appendix 1 - Cost of participation in selected international organisations. 39

Appendix 2 – Summary of overall costs of independence for Jersey. 40

Appendix 3 – Report of Professor Jeffrey Jowell QC.. 41

Appendix 4 – Comparison of small jurisdictions. 76

SECOND INTERIM REPORT OF THE CONSTITUTION REVIEW GROUP

1. INTRODUCTION

1. The Constitution Review Group (“the Group”) was established by a Sub-committee of the Policy and Resources Committee and given terms of reference on 11th July 2005 in the following terms:

“1. To conduct a review and evaluation of the potential advantages and disadvantages for Jersey in seeking independence from the United Kingdom or other incremental change in the constitutional relationship, while retaining the Queen as Head of State.

2. To identify:

(a) the practical and economic costs and benefits of dependence;

(b) the practical and economic costs and benefits of independence;

(c) the consequences of independence in terms of Jersey’s relationships with other countries, as well as the UK, and international organisations, particularly the EU, UN, WTO, OECD, and Commonwealth;

(d) the social and cultural consequences of independence.

3. To outline the requirements and processes that would be involved in a transition to independence.

4. To submit to the Chief Minister, by March 2006, a draft Public Consultation Document (“Green Paper”) which outlines the factual information and objectively evaluates the implications of independence.”

2. The Chief Minister extended that time frame and on 19th December 2006 an Interim Report was submitted to the Constitutional Advisory Panel appointed by the Council of Ministers. The report identified two separate stages in fulfilli