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Covid-19 (Workplace Restrictions) (Amendment) (Jersey) Regulations 202-

A formal published “Ministerial Decision” is required as a record of the decision of a Minister (or an Assistant Minister where they have delegated authority) as they exercise their responsibilities and powers.

Ministers are elected by the States Assembly and have legal responsibilities and powers as “corporation sole” under the States of Jersey Law 2005 by virtue of their office and in their areas of responsibility, including entering into agreements, and under any legislation conferring on them powers.

An accurate record of “Ministerial Decisions” is vital to effective governance, including:

  • demonstrating that good governance, and clear lines of accountability and authority, are in place around decisions-making – including the reasons and basis on which a decision is made, and the action required to implement a decision

  • providing a record of decisions and actions that will be available for examination by States Members, and Panels and Committees of the States Assembly; the public, organisations, and the media; and as a historical record and point of reference for the conduct of public affairs

Ministers are individually accountable to the States Assembly, including for the actions of the departments and agencies which discharge their responsibilities.

The Freedom of Information Law (Jersey) Law 2011 is used as a guide when determining what information is be published. While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.

A decision made on 16 November 2020

Decision Reference: MD-HSS-2020-0081

Decision Summary Title :

Lodging of: Draft Covid-19 (Workplace Restrictions) (Amendment) (Jersey) Regulations 202-

Date of Decision Summary:

12 November 2020

Decision Summary Author:

 

Head of Policy, Criminal Justice

Decision Summary:

Public or Exempt?

(State clauses from Code of Practice booklet)

Public

 

Type of Report:

Oral or Written?

Written

Person Giving

Oral Report:

n/a

Written Report

Title :

Draft Covid-19 (Workplace Restrictions) (Amendment) (Jersey) Regulations 202-

Date of Written Report:

12 November 2020

Written Report Author:

Senior Legislative Drafter

 

Written Report:

Public or Exempt?

(State clauses from Code of Practice booklet)

Public

Subject: The lodging of the Draft Covid-19 (Workplace Restrictions) (Amendment) (Jersey) Regulations 202-.

Decision(s): The Minister for Health and Social Services decided to lodge Draft Covid-19 (Workplace Restrictions) (Amendment) (Jersey) Regulations 202- for debate at the sitting of the Assembly commencing 1st December 2020.

Reason(s) for Decision: In response to the ongoing Covid-19 pandemic, the Minister decided to lodge these Regulations, which will amend the Covid-19 (Workplace Restrictions) (Jersey) Regulations 2020 to-

  • Allow Orders that will require businesses to do certain things to restrict the spread of Covid-19, such as to collect contact details from customers or to not serve people who do not wear masks.
  • Provide for an enhanced enforcement regime for business that do not follow the conditions of Workplace Restrictions Orders
  • Allow Orders that will require people to wear masks in some workplaces.

Resource Implications: There are enforcement implications arising from this amendment, but in respect of the workplace requirements, as enforcement activity is already taking place across various sectors of the economy, and as this legislation will offer a more effective and rapid resolution to those offences than prosecution, the net resource effects are expected to be neutral or positive.

In respect of the offence of not wearing a mask, it is anticipated this will have implications for the States of Jersey Police and other enforcement agencies. However, given the ongoing pandemic situation and the potentially significant effects of losing control of the spread of Covid-19, enforcement activity in this area is considered to be a positive investment.

 

Action required: Officers to request the Greffier of the States to arrange for the draft Regulations to be lodged for debate at the sitting of the Assembly commencing 23rd November 2020.

 

Signature:

 

Position: 

Minister for Health and Social Services

 

Date Signed:

 

 

 

 

Date of Decision (If different from Date Signed):

 

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