States Employment Board minutes (FOI)

Request

I would like to see:

The terms of reference and constitution of the States Employment Board. The minutes of the last 18 months of the States Employment Board.

I understand that some parts of the minutes will be subject to personal, legal or commercially sensitive information. However, in common with local authorities across the UK, there is no reason why these minutes are not available on the website in some form.

Response

The Functions of the Board are outlined in the Employment of States of Jersey Employees (Jersey) Law 2005.

The State’s Employment Board shall –

• employ persons on behalf of the States and administrations of the States

• ensure that the public service conducts itself with economy, efficiency, probity and effectiveness

• ensure the health, safety and well-being of States’ employees

• determine any other matter that may reasonably be considered necessary for the proper administration and management of States’ employees

• discharge any other function conferred on it by or under any enactment

• give directions regarding consultation or negotiation with States’ employees, or with representatives of States’ employees, concerning the terms and conditions of employment of States’ employees

• issue codes of practice concerning –

• the training and development needs of States’ employees

• the procedures for recruitment of States’ employees

• the procedures for appraisal of the performance of States’ employees

• the procedures for disciplining, suspending and terminating the employment of States’ employees, and

• interventions by the Commission under Article 26A

• The States Employment Board may issue codes of practice concerning any other matter relating to the employment of States’ employees

Constitution of the States Employment Board:

The Chief Minister, or another Minister who is nominated by the Chief Minister

2 others persons, each of whom –

(i) is a Minister or an Assistant Minister

2 elected members of the States –

(ii) is neither a Minister nor an Assistant Minister

(iii) is elected by the States to be a member of the Board

SEB minutes were previously published in June 2018 for 2017 and are available online at the following link:

States Employment Board: 2017 agendas and minutes (FOI)

Minutes for 2018 and 2019 Part A and B of the States Employment Board (SEB) are attached below:

SEB Part A - 2019 (Redacted)

SEB Part B - 2019 (Redacted)

SEB Part A - 2018 (Redacted)

SEB Minutes - Part B 2018 old board (Redacted)

SEB Minutes - Part B 2018 new board (Redacted)

Redactions have been made to the minutes as required to comply with the Freedom of Information (Jersey) Law 2011.

Articles applied 

Article 25 Personal information

(1) Information is absolutely exempt information if it constitutes personal data of which the applicant is the data subject as defined in the Data Protection (Jersey) Law 2018.

(2) Information is absolutely exempt information if –

(a) it constitutes personal data of which the applicant is not the data subject as defined in the Data Protection (Jersey) Law 2018; and

(b) its supply to a member of the public would contravene any of the data protection principles, as defined in that Law.

(3) In determining for the purposes of this Article whether the lawfulness principle in Article 8(1)(a) of the Data Protection (Jersey) Law 2018 would be contravened by the disclosure of information, paragraph 5(1) of Schedule 2 to that Law (legitimate interests) is to be read as if sub-paragraph (b) (which disapplies the provision where the controller is a public authority) were omitted.

Article 25 is an absolute exemption and as such, does not carry a public interest test. Information is absolutely exempt if it can identify an individual.

Article 32 Legal professional privilege

Information is qualified exempt information if it is information in respect of which a claim to legal professional privilege could be maintained in legal proceedings

The Scheduled Public Authority (SPA) is withholding the release of the information as some of the information contained in the minutes relates to the provision of Law Officer advice. Article 32 is a qualified exemption, which means that a public interest test is required. The public interest in disclosing information when this article is being applied must weigh particularly heavily in favour of disclosure in order to outweigh the inherent right to privilege. It is not considered the public interest in disclosing the information is outweighed by that in maintaining the exemption, as it is designed to protect the constitutional Law Officer privilege.

Article 35 Formulation and development of policies

Information is qualified exempt information if it relates to the formulation or development of any proposed policy by a public authority.

The SPA is withholding the release of the information as it relates to the formulation and development of policy by the public authority. Article 35 is a qualified exemption, which means that a public interest test is required to be undertaken by the SPA. On balance, it is our view that the public interest in maintaining the exemption outweighs the public interest in disclosing the information. Although there is a need for transparency, accountability, financial and good decision making by public authorities this information relates to several ongoing situations. The SPA needs the ability to consider and reconsider the assumptions and evaluations raised within the minutes for the purpose of good government.

Once a policy is formulated and published, the public interest in withholding information relating to its formulation is diminished, however, the use of the exemption can be supported if it preserves sufficient freedom during the policy formulation phase to explore options without that process being hampered by some expectation of future publication. The public authority needs safe space in which to rigorously explore and develop the best policy possible.

Article 39 Employment

Information is qualified exempt information if its disclosure would, or would be likely to, prejudice pay or conditions negotiations that are being held between a public authority and –

(a) an employee or prospective employee of the authority; or

(b) representatives of the employees of the authority.

SEB meetings contain information sensitive to the review of terms, conditions and remuneration across a diverse range of States of Jersey pay grades. The SPA is therefore withholding this information as it believes that to release it could prejudice negotiations which are currently taking place. It would also be concerned that any future negotiations may be affected due to the release of information before those negotiations are concluded.

Article 39 is a qualified exemption, which means that a public interest test is required to be undertaken by the SPA. On balance, it is our view that the public interest does not outweigh the potential prejudice of release.