Employment (Minimum Wage) (Amendment No. 8) (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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 October 2011:

Decision Reference: MD-S-2011-0083
Decision Summary Title :	DS 2012 Minimum Wage Regulations lodged		Date of Decision Summary:	24 October 2011
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 :	WR 2012 Minimum Wage Regulations		Date of Written Report:	24 October 2011
Written Report Author:	Policy Principal		Written Report : Public or Exempt?	Public
Subject: Employment (Minimum Wage) (Amendment No. 8) (Jersey) Regulations 201-
Decision(s): The Minister decided to lodge the Employment (Minimum Wage) (Amendment No. 8) (Jersey) Regulations 201- to amend the maximum amounts that may be offset against the minimum wage for accommodation and food, effective from 1 April 2012.
Reason(s) for Decision: The Minister had approved the Employment Forum’s recommendation that the maximum amount that an employer may offset against the minimum wage where living accommodation is provided to an employee should be increased to £70.94 per week, or £94.58 per week where both food and living accommodation are provided. The Minister had also approved the Forum’s recommendation that the maximum value that may be attributed to the offsets where the trainee rate is paid should be 75 percent of the weekly offsets against the minimum wage; £53.21 where living accommodation is provided to an employee and £70.94 per week where both food and living accommodation are provided. The Minister intends that the minimum wage should be increased to £6.48 and the trainee rate should be increased to £4.86 by Ministerial Order, subject to the States adopting the proposed amendment to the Regulations.
Resource Implications: There are no financial or manpower implications.
Action required: Policy Principal to request Greffier of the States to lodge the Proposition for States debate in January 2012.
Signature:		Position: Minister
Date Signed:		Date of Decision (If different from Date Signed):