Employment (Amendment No. 8) (Jersey) Law 2014 (Appointed Day) Act 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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 23 January 2015:

Decision Reference: MD-S-2015-0007
Decision Summary Title :	DS Lodge ADA Employment Amendment No.8		Date of Decision Summary:	16 January 2015
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 Lodge ADA Employment Amendment No.8		Date of Written Report:	16 January 2015
Written Report Author:	Policy Principal		Written Report : Public or Exempt?	Public
Subject: Draft Employment (Amendment No.8) (Jersey) Law 2014 (Appointed Day) Act 201-
Decision(s): The Minister approved and decided to lodge ‘au Greffe’ the Draft Employment (Amendment No.8) (Jersey) Law 2014 (Appointed Day) Act 201-.
Reason(s) for Decision: The Employment (Amendment No.8) (Jersey) Law 2014 was adopted by the States on 18 July 2014, sanctioned by Order of Her Majesty in Council on 5 November 2014 and registered by the Royal Court on 14 November 2014. It inserts into the Employment (Jersey) Law 2003 the new family friendly rights (including maternity, parental and adoption leave) as well as a number of other relatively minor changes to the Employment Law that do not relate to the family friendly rights. Article 14 of the amendment provides that the Law shall come into force on such day or days as the States may by Act appoint. It has always been intended that the family friendly rights would come into force on 1 September 2015 in conjunction with protection against discrimination on grounds of sex, pregnancy and maternity. The relevant Regulations are currently being drafted to introduce these new protected characteristics into the Discrimination (Jersey) Law 2013. This Appointed Day Act will bring into force the Employment (Amendment No.8) (Jersey) Law 2014 by setting two commencement dates; the family friendly rights would come into force on 1 September, as planned, and the relatively minor improvements to the Law that do not relate to the family friendly rights would come into force sooner, on 1 April 2015.
Resource Implications: There are no financial or manpower implications. The following statement of financial and manpower implications was included in the Proposition for the Employment (Amendment No.8) (Jersey) Law 2014 (P.109/2014), lodged in June 2014. No additional financial or manpower implications have been identified since that date. “No additional funding or resources would be allocated to the Jersey Employment Tribunal specifically to deal with the introduction of this legislation. It is anticipated that existing budgets (allocated and requested) will be sufficient to provide the necessary services to enable employees to enforce these additional rights. Employee complaints relating to pregnancy and maternity are likely to include a sex discrimination complaint; the additional cost of enforcing that legislation will be included in the report to the States that accompanies the sex discrimination Regulations in 2015. No additional funding or resources would be allocated to the Jersey Advisory and Conciliation Service specifically to deal with the introduction of this legislation. It is anticipated that existing budgets (allocated and requested) will be sufficient to provide the necessary services, including the advisory and training services. £5,000 will be allocated from existing budgets to enable JACS to provide public training courses on the family-friendly rights free to delegates in 2014 and 2015. There are no financial implications for the States of Jersey as an employer because the States’ maternity policy provides that all women are entitled to 2 weeks’ maternity leave at full pay and paid time off work to attend ante-natal appointments.”
Action required: Policy Principal to request the Greffier of the States to arrange to lodge the Draft Appointed Day Act ‘au Greffe’, to be listed for the States sitting of 24 February 2015.
Signature:		Position: Minister
Date Signed:		Date of Decision (If different from Date Signed):