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Employment Relations Law - Codes of Practice to be made by Order.

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 (21/12/2007) regarding: Employment Relations Law - Codes of Practice to be made by Order.

Decision Reference:  MD-S-2007-0093

Decision Summary Title :

L:\General Information\Workgroups\Policy\Employment\Ministerial decisions\DS Order for Codes 12Dec07

Date of Decision Summary:

12/12/2007

Decision Summary Author:

Kate Morel, Policy Principal

Decision Summary:

Public or Exempt?

Public

Type of Report:

Oral or Written?

Written

Person Giving

Oral Report:

N/A

Written Report

Title :

L:\General Information\Workgroups\Policy\Employment\Ministerial decisions\WR ERL Codes accomp report 18Dec07

Date of Written Report:

18/12/07

Written Report Author:

Kate Morel, Policy Principal

Written Report :

Public or Exempt?

Public

Subject: Employment Relations Law - Codes of Practice to be made by Order

Decision(s): The Minister made an Order approving the codes of practice to be made under the Employment Relations Law.

Reason(s) for Decision: The Employment Relations Law will come into force on 21 January 2008.  Article 25 of that Law requires that codes of practice may be approved by Order for the purposes of the Law, provided that the necessary procedures have been followed.  Consultation has been undertaken as required; with the Employment Forum, the Jersey Advisory and Conciliation Service and other persons who may be affected by the codes, and a Ministerial decision has been issued by the Chief Minister regarding international obligations.  The Minister is therefore satisfied that an Order should be made bringing the codes into effect on 21 January 2008.

Resource Implications: There are no financial or manpower implications.

Action required: Notify the Greffier of the States and the Law Draftsman that the Order has been made and forward the signed and sealed Order to the Greffe for notification to the States and archiving.

Signature: 

Position: 

Date Signed: 

Date of Decision (If different from Date Signed):

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