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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 (18/07/2007) regarding: Revised Code of Practice - Disciplinary and Grievance Practice and Procedures.

Subject:	Revised Code of Practice - Disciplinary and Grievance Practice and Procedures
Decision Reference:	MD-S-2007-44		Exempt clause(s):	public
Type of Report: (oral or written)	Written		Person Giving Report (if oral):	n/a
Telephone or e-mail Meeting?	n/a		Report File ref:
Written report – Title	Revised Code of Practice - Disciplinary and Grievance Practice and Procedures
Written report – Author (name and job title)	Kate Morel, Policy Principal
Decision(s): The Minister decided to approve a revised code of practice on disciplinary and grievance practice and procedures, to be effective from the date of enactment of the Employment (Amendment No. 3) (Jersey) Law 200-.
Reason(s) for decision: The Disciplinary and Grievance Practice and Procedures code of practice was first issued in 2005 under the Jersey Advisory and Conciliation Law, 2003 (JACS Law). The Employment (Amendment No. 3) (Jersey) Law 200-, giving employees the right to be represented in certain disciplinary and grievance hearings, was adopted by the States on 18 April 2007. Subject to Privy Council approval, the amendment will come into force 7 days after being registered by the Royal Court, which is anticipated to be in September 2007. The code of practice was revised to reflect the amendment and, following the procedure required by the JACS Law, a notice was placed in the Jersey Gazette, inviting written representations on the revised code during the period 29 May to 26 June. The Minister has considered the representations made to him and is satisfied that the code of practice as revised makes adequate provision to reflect the pending amendment to the Employment Law.
Action required: Following registration of the amendment in the Royal Court, publish a notice in the Gazette advising the public when the revised code will come into force and where copies may be obtained from.
Signature: (Minister/ Assistant Minister)		Date of Decision: 18 July 2007