Government of Jersey

Information about the publication of Ministerial Decisions

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

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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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 (25/05/2007) regarding: Revised Code of Practice - Disciplinary and Grievance Practice and Procedures.

Subject:	Revised Code of Practice - Disciplinary and Grievance Practice and Procedures
Decision Reference:	MD-S-2007-0039		Exempt clause(s):	public
Type of Report: (oral or written)	Written		Person Giving Report (if oral):	n/a
Telephone or e-mail Meeting?	n/a		Report File ref:	L:\General Information\ Workgroups\Policy\ Employment\Codes of Practice\D and G code 22May07
Written report – Title	Code of Practice - Disciplinary and Grievance Practice and Procedures
Written report – Author (name and job title)	Kate Morel, Policy Principal
Decision(s): In preparation for an amendment to the Employment (Jersey) Law, 2003, the Minister decided to issue a revised draft code of practice on disciplinary and grievance practice and procedures.
Reason(s) for decision: The Disciplinary and Grievance Practice and Procedures code of practice was originally issued in 2005 under the Jersey Advisory and Conciliation Law, 2003 (JACS Law). The JACS Law requires the Minister to follow a specified procedure if he wishes to amend a code of practice. Following Privy Council approval, the Employment (Amendment No. 3) (Jersey) Law 200-, will come into force giving employees the right to be represented in certain disciplinary and grievance hearings. The relevant code of practice must therefore be revised to reflect the pending change to the Law. The Minister is satisfied with the revised draft of the code of practice and will follow the procedure required by the JACS Law, prior to bringing the revised code into force on the same date as the amendment to the Employment Law. A notice will be placed in the Jersey Gazette, inviting written representations from the public during the period 29 May to 26 June.
Action required: Place advertisement in the Jersey Gazette on Tuesday 29 May.
Signature: Senator P F Routier - Minister		Date of Decision: 25 May 2007