Government of Jersey

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 (20/12/2007) regarding: Draft Codes of Practice to be issued under the Employment Relations (Jersey) Law, 2007 – compliance with international obligations.

Decision Reference: MD-C-2007-0073
Decision Summary Title :	L:\International\Chief Minister decisions\Codes of Practice - Employment Relations - international obligations.doc		Date of Decision Summary:
Decision Summary Author:	International Relations		Decision Summary: Public or Exempt?	Public
Type of Report: Oral or Written?	Written		Person Giving Oral Report:
Written Report Title :	Law Officers Department – legal advice		Date of Written Report:	17 December 2007
Written Report Author:	Law Officers Department		Written Report : Public or Exempt?	Exempt 3.2(a)(v)
Subject: Draft Codes of Practice to be issued under the Employment Relations (Jersey) Law, 2007 – compliance with international obligations
Decision(s): The Chief Minister decided to inform the Minister for Social Security, in accordance with Article 25(4) of the Employment Relations (Jersey) Law 2007, that he was satisfied the draft Codes of Practice to be issued under that Law were not inconsistent with Jersey’s obligations in respect of international agreements and international obligations that relate to employment relations and which were binding on Jersey.
Reason(s) for Decision: Under the terms of Article 25 of the Employment Relations (Jersey) Law 2007, the Social Security Minister is empowered by Order to approve codes of practice which may, in particular, provide for – (a) the recognition of trade unions (b) the manner in which ballots of members of trade unions may be held to support the doing of acts by unions in contemplation or furtherance of employment disputes; (c) conduct that is or is not reasonable conduct when done in contemplation or furtherance of employment disputes; and (d) recommended procedures for the resolution of employment disputes. In preparing the Codes, consideration has been given to Jersey’s international obligations, in particular under the Human Rights (Jersey) Law 2000 and International Labour Organisation (ILO) Conventions No.98, Right to Organise and Collective Bargaining, and No. 87, Freedom of Association and Protection of the Right to Organise. In accordance with Article 25(4), before approving the code of practice, the Minister for Social Security is required to consult the Chief Minister in respect of international agreements and international obligations that relate to employment relations and are binding on Jersey. The Law Officers have advised that, in their opinion, the draft Codes or Practice are not materially inconsistent with applicable international agreements or obligations that relate to employment relations and are binding on Jersey. Whilst this view is qualified in respect of specific points that have previously been the subject of discussion and on which there have been various opinions, it is recognised that the latest version of the draft Codes address in some measure the majority of legal issues which have been identified. The position has been guided from a policy perspective by the Minister for Social Security with the intention of maintaining a balance across a broad spectrum of interests and to adopt a proportionate approach within a small island jurisdiction. It is also understood that the draft Codes are not set in stone and that in the light of future experience the 2007 Law may be revisited to clarify specific issues. The Law Officers are satisfied that Art 16 of the Interpretation (Jersey) Law 1954 enables the Minister for Social Security to proceed under Article 25 of the 2007 Law notwithstanding that it is not yet in force. The Chief Minister is therefore satisfied, to the extent described above, that the proposed Codes of practice are not inconsistent with Jersey’s international obligations.
Resource Implications: There are no resource implications arising from this decision.
Action required: Chief Minister’s Department to – inform the Minister for Social Security that the Chief Minister is satisfied that the proposed Codes of practice are not inconsistent with Jersey’s international obligations, and notify the Greffe of the decision.
Signature:		Position: Deputy Chief Minister
Date Signed:		Date of Decision (If different from Date Signed):

Draft Codes of Practice to be issued under the Employment Relations (Jersey) Law, 2007 – compliance with international obligations.

Information about the publication of Ministerial Decisions

A decision made (20/12/2007) regarding: Draft Codes of Practice to be issued under the Employment Relations (Jersey) Law, 2007 – compliance with international obligations.