Draft Employment Relations (Amendment No. 2) (Jersey) Law 200-

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 (12/05/2006) regarding Draft Employment Relations (Amendment No. 2) (Jersey) Law 200-.

Subject:	Draft Employment Relations (Amendment No. 2) (Jersey) Law 200-
Decision Reference:	MD-S-2006-0041		Exempt clause(s):	n/a
Type of Report: (oral or written)	Written		Person Giving Report (if oral):	n/a
Telephone or e-mail Meeting?	n/a		Report File ref:	n/a
Written report – Title	Draft Employment Relations (Amendment No. 2) (Jersey) Law 200-
Written report – Author (name and job title)	Kate Morel, Policy Principal
Decision(s): To approve the lodging of a second draft amendment to the draft Employment Relations (Jersey) Law 200-.
Reason(s) for decision: The proposed amendment is intended to ensure that the four proposed codes of practice are on an equal footing in terms of the Tribunal’s jurisdiction to make a declaration upon them. The effect of the amendment is to;  Define the scope of a “recognition dispute”. Under the draft Employment Relations Law, a dispute is only a “collective employment dispute” if a collective agreement exists between the employer and union. This amendment widens that definition to include a “recognition dispute” as to whether an approved code of practice for the recognition of trade unions is being observed. § Give the Employment Tribunal the jurisdiction to make a declaration on such disputes This will enable either party to refer a recognition dispute to the Employment Tribunal which can then make a declaration (enforceable in the Royal Court) that the trade union is recognized for conducting collective bargaining with the employer in respect of pay, hours of work and holidays, and can also specify a method of conducting collective bargaining. Limit the extent of these new provisions to employers will 21 or more employees.
Action required: Submit the draft amendment to the Greffe for lodging before 16th May, with a prospective date for debate of 4th July.
Signature: Paul Routier (Minister)		Date of Decision: 12 May 2006