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Temporary Insolvency Payments Scheme: Exercise of Ministerial Discretion

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 (31.07.2009) to exercise discretion granted via an extension to the Temporary Insolvency Scheme.

Decision Reference: MD-S-2009-0042

Decision Summary Title :

L:\General Information\Workgroups\Policy\Employment\Ministerial decisions\DS  CW Painters 30 July 2009

Date of Decision Summary:

30 July 2009

Decision Summary Author:

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  CW Painters 30 July 2009

Date of Written Report:

30 July 2009

Written Report Author:

Policy Principal

Written Report :

Public or Exempt?

 

Exempt under 3.2.1 (a)i

and 3.2.1 (b)

Subject:  Temporary Insolvency Payments Scheme - Exercise of Ministerial discretion

Decision(s): The Minister decided, having consulted the Viscount, to exercise the discretion granted to him via an extension to the Temporary Insolvency Scheme so that that the former employees of CW Painters and Decorators Limited are eligible to apply for compensatory payment under that scheme.

Reason(s) for Decision: The Temporary Insolvency scheme (R.44/2009) was extended (via P.67/2009) to give the Social Security Minister the discretion, in wholly exceptional circumstances, to make compensatory payments to employees where an employer has not yet been declared as formally insolvent, but has ceased trading.  Discretion may be applied where the Minister is reasonably satisfied, having consulted the Viscount, that the employer will become subject to formal insolvency proceedings, or that related proceedings have commenced.

The Minister is reasonably satisfied in the case of CW Painters and Decorators that the company will become subject to formal insolvency proceedings and that the circumstances are wholly exceptional such that the temporary insolvency scheme should be extended to the affected employees of that company without delay.

Resource Implications: Subject to the claims being validated and the employees being eligible, the sum involved could be around £10,000. Compensatory payments are funded by a grant from the States Treasury.

Action required: Policy Principal to request the Social Security Work Zone to process claims for compensatory payments from the former employees of CW Painters and Decorators.

Signature:

 

 

Position:

Minister

Date Signed:

 

Date of Decision (If different from Date Signed):

 

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