Discrimination (Disability) (Jersey) Regulations 201-

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

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 26 January 2018:

Decision Reference: MD-S-2018-0007
Decision Summary Title :	DS Lodge Disability Discrimination Regulations		Date of Decision Summary:	26 January 2018
Decision Summary Author:	Policy Principal		Decision Summary: Public or Exempt?	Public
Type of Report: Oral or Written?	Written		Person Giving Oral Report:	NA
Written Report Title :	WR Accompanying report - Lodge Disability Discrimination Regulations		Date of Written Report:	26 January 2018
Written Report Author:	Policy Principal		Written Report : Public or Exempt?	Public
Subject: Lodge the Draft Discrimination (Disability) (Jersey) Regulations 201-
Decision(s): The Minister decided to lodge ‘au Greffe’ the Draft Discrimination (Disability) (Jersey) Regulations 201-.
Reason(s) for Decision: The draft Discrimination (Disability) (Jersey) Regulations 201- (the ‘draft Regulations’) would amend the Discrimination (Jersey) Law 2013 from 1 September 2018 to introduce disability as a new protected characteristic along with appropriate exceptions. The draft Regulations have been developed and refined following consultation with stakeholders during the period September to November 2017.
Resource Implications: Policy development, advice, conciliation and enforcement - For 2018, a discrimination law budget of £110,000 is available which makes provision for the development of the legislation, guidance and publicity, free public training courses provided by JACS, advisory and mediation services provided by Citizens Advice Jersey, as well as to cover any additional Tribunal costs that might arise from dealing with disability discrimination complaints (e.g. additional staff or resources). The Judicial Greffe holds a separate budget for the Tribunal Service which includes dealing with complaints under the Discrimination Law. Other than a subsidy to enable JACS to provide free public training courses on disability discrimination, JACS will continue to provide an independent advisory and conciliation service from its annual grant of £363,118 for 2018. Department of the Environment - It is not expected that the draft Regulations will result in a significant increase in the number of applications requiring permission under the Planning and Building (Jersey) Law 2002. Where applications are required, it is expected that the cost of dealing with those will be covered by the application fees prescribed for planning and building applications. Department for Infrastructure – The Department will undertake an audit of the public property portfolio to assess its suitability in relation to the forthcoming legislation. An initial assessment of a sample of public buildings indicates that a significant investment, potentially running into some millions of pounds over a period of time, will be required to implement improvements. A prioritised and cost investment strategy will be brought forward for consideration in the next Medium Term Financial Plan from 2020. States Human Resources – Any work and associated costs that are required to review staff policies and provide staff training to support non-discriminatory behaviour will be undertaken as part of the ongoing Public Sector Reform programme. The potential cost of defending any discrimination complaints against the States in relation to the new protected characteristic will be met from within existing resources. It is difficult to predict the potential and future costs of the Human Resources and Law Officers’ Departments time, particularly as there have been relatively few discrimination complaints to the Tribunal to date and no Tribunal hearings in relation to discrimination complaints against the States’ Employment Board.
Action required: Policy Principal to request the Greffier of the States to arrange to lodge the Draft Regulations ‘au Greffe’ on Monday 29 January 2018, to be listed for the States sitting of 20 March 2018. Policy Principal to provide copies of a draft consolidated version of the Discrimination Law to the Bookshop and request that the Greffier of the States arranges for that document to be circulated to States Members prior to the debate for reference, not as part of the Proposition itself.
Signature:		Position:
Date Signed:		Date of Decision (If different from Date Signed):