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Employment (Amendment No. 3) Law 200-

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 (09.02.07) to lodge the Employment (Amendment No. 3) Law 200- for States debate.

 

 

Subject:

Accompanying Report to the Employment (Amendment No. 3) (Jersey) Law 200-.

Decision Reference:

MD-S-2007-0011

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:

L:\General Information\Workgroups\Policy\Employment\Ministerial decisions\SD Right to Rep Accomp report 9Feb07

Written report – Title

Accompanying Report to the Employment (Amendment No. 3) (Jersey) Law 200-.

Written report – Author

(name and job title)

Kate Morel, Policy Principal

Decision(s):

To lodge the Employment (Amendment No. 3) (Jersey) Law 200- for States debate.

Reason(s) for decision:

The Minister is satisfied that the proposed amendment would give employees the right to representation in disciplinary and grievance hearings, and that, in common with other jurisdictions, the right is limited to defined categories of hearing and representative, and the representatives are appropriately protected.

Action required:

Submit accompanying report and Human Rights compatibility statement to the Greffe for lodging.

Signature:

Minister – Senator P F Routier

Date of Decision:

 

 

 

 

 

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