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Ordinary Judges of the Court of Appeal and Royal Court Commissioners: Remuneration

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 1 July 2016:

Decision Reference:  MD-TR-2016-0053

Decision Summary Title:

Remuneration of Ordinary Judges of the Court of Appeal and Royal Court Commissioners

Date of Decision Summary:

21st June 2016

Decision Summary Author:

Head of Decision Support

Decision Summary:

Public or Exempt?

Public

Type of Report:

Oral or Written?

Written

Person Giving

Oral Report:

N/A

Written Report

Title:

Remuneration of Ordinary Judges of the Court of Appeal and Royal Court Commissioners

Date of Written Report:

21st June 2016

Written Report Author:

Head of Decision Support

Written Report :

Public or Exempt?

Public

Subject:

Remuneration of Ordinary Judges of the Court of Appeal and Royal Court Commissioners.

Decision(s):

The Minister for Treasury & Resources determined that the remuneration for Court of Appeal Judges and Royal Court Commissioners should increase from £848.00 per day to £856.04 per day with effect from 1st April 2016. The Minister further decided that all future increases as a result of the increase to the UK rates will be approved without further consultation provided they can be met from the Bailiff's Chambers existing head of expenditure.

Reason(s) for decision:

Article 10(8) of the Royal Court (Jersey) Law 1948 states:

 Commissioners shall receive such remuneration as may be determined, after consultation with the Bailiff, by the Minister for Treasury and Resources, and shall be entitled to reimbursement of all travelling and other expenses incurred by them in the discharge of their functions under this article.”

 

Article 6 (1) of the Court of Appeal (Jersey) Law 1961 states:

The ordinary judges of the Court of Appeal shall receive such remuneration as may be determined by the Minister for Treasury and Resources and shall be entitled to reimbursement of all travelling and other expenses.”

 

The remuneration paid to both Court of Appeal Judges and Royal Court Commissioners is, and always has been, in line with the remuneration paid to a Deputy High Court Judge in England and Wales which increased with effect from 1st April 2016.

Resource Implications:

Until stated otherwise, the cost of all future increases for both Ordinary Judges of the Court of Appeal and Royal Court Commissioners as a result of increases to the UK rates will be met from the Bailiff's Chambers existing cash limits over the period of the Medium Term Financial Plan 2016 – 2019, subject to States approval.

Action required:

Head of Decision Support to advise the Bailiff's Judicial Secretary – Bailiff’s Chambers and Corporate Finance Director that this decision has been approved.

Signature:

 

 

 

Position: Senator A J H Maclean,

 Minister for Treasury and Resources

 

Date Signed:

 

Date of Decision:

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