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Temporary Insolvency Payments Scheme: Reprodesign Limited - 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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 14 June 2011 regarding:

Decision Reference: MD-S-2011-0048

Decision Summary Title :

DS - Reprodesign

Date of Decision Summary:

10 June 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 - Reprodesign

Date of Written Report:

10 June 2011

Written Report Author:

Policy Principal

Written Report :

Public or Exempt?

 

Exempt under 3.2.1(a)(i)

Subject:  Exercise of Ministerial discretion under the Temporary Insolvency Payments Scheme

Decision(s): The Minister decided, having consulted the Viscount, to exercise the discretion available to him via an extension to the Temporary Insolvency Payments Scheme (‘the temporary scheme’) so that the former employees of Reprodesign Ltd are eligible to apply for compensatory notice pay under that scheme.

Reason(s) for Decision: The temporary scheme (R.44/2009) was extended (see MD-S-2011-0046) to give the Social Security Minister discretion so that in wholly exceptional circumstances, where the employer has ceased trading, but has not become subject to formal insolvency proceedings, the Minister will give consideration, in consultation with the Viscount, to making compensatory payments under the temporary scheme where he is reasonably satisfied that the employer will not recommence trading, and that a court judgment has been taken against the employer.

 

The Minister has decided, having consulted the Viscount, that the conditions have been met and the circumstances are wholly exceptional such that the temporary scheme should retrospectively be extended to the affected employees of Reprodesign Ltd.

Resource Implications: The maximum sum payable to the 6 former employees will be known when employee claims are invited on the basis of this decision.

Action required: Policy Principal to request the Social Security Work Zone to invite and process the claims for compensatory notice pay from the former employees of Reprodesign Ltd.

Signature:

 

 

Position:

Minister

Date Signed:

 

Date of Decision (If different from Date Signed):

 

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