Jersey Employment Tribunal: Transfer of Budget

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 on 7 April 2011:

Decision Reference: MD-S-2011-0023
Decision Summary Title :	DS - Tribunal Budget Transfer		Date of Decision Summary:	30 March 2011
Decision Summary Author:	Finance Director		Decision Summary: Public or Exempt?	Public
Type of Report: Oral or Written?	Oral		Person Giving Oral Report:	Finance Manager
Written Report Title :	N/A		Date of Written Report:	N/A
Written Report Author:	N/A		Written Report : Public or Exempt?	N/A
Subject: Transfer of Jersey Employment Tribunal budget from the Social Security Department to the Judicial Greffe.
Decision(s): The Minister decided to permanently transfer from the Social Security Department to the Judicial Greffe the budget assigned for the administration of the Jersey Employment Tribunal, agreed at £168,300 for 2011, with effect from 1 January 2011.
Reason(s) for Decision: A number of appeals bodies and tribunals are established under Social Security, Income Support, Health and Safety and employment legislation. To maintain the independence of the process from the Social Security Department, the role that supports the registration and administration of those tribunals and appeals has been transferred to the Judicial Greffe. From October 2010, the various functions have been performed by the ‘Registrar of Appeals and Tribunals’ who is an Officer of the Judicial Greffe on the basis that the necessary funds would be made available (see Social Security Minister’s Decision MD-S-2010-0040).
Resource Implications: There is no overall increase to States Spending as a direct result of this decision.
Action required: Transfer to be actioned by Finance Director, Social Security Department.
Signature:		Position: Minister
Date Signed:		Date of Decision (If different from Date Signed):