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Draft Discrimination (Jersey) Law 201-: Lodging of amendment

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 26 April 2013:

Decision Reference: MD-S-2013-0037

Decision Summary Title :

DS Lodge amendment to draft Discrimination Law

Date of Decision Summary:

24 April 2013

Decision Summary Author:

Policy Principal

Decision Summary:

Public or Exempt?

Public

Type of Report:

Oral or Written?

Written

Person Giving

Oral Report:

N/A

Written Report

Title :

WR Accompanying Report

Date of Written Report:

24 April 2013

Written Report Author:

Policy Principal

Written Report :

Public or Exempt?

 

Public

Subject: Draft Discrimination (Jersey) Law 201- (P.6/2013): Amendment

Decision(s): The Minister decided to lodge for States debate an amendment to the draft Discrimination (Jersey) Law 201- (P.6/2013, lodged on 15 January 2013)

Reason(s) for Decision: Article 12 of the Draft Discrimination (Jersey) Law 201- (the ‘draft Law’) prohibits discriminatory treatment on the grounds of race in matters relating to partnerships. In its review of the draft Law, the Health, Social Security and Housing Scrutiny Panel has highlighted that, by limiting the meaning of the term partnership to those partnerships “formed under Jersey law”, the draft Law would appear to exclude from its scope discrimination in respect of partnerships formed in another jurisdiction and that such a limitation might be unwelcome.

 

It was not the Minister’s intention that partnerships formed in another jurisdiction should be excluded from the scope of the draft Law and a minor amendment is proposed to Article 12(4) of the draft Law.

Resource Implications: There are no financial or manpower implications as a consequence of the proposed amendment.

Action required: Policy Principal to request the Greffier of the States to arrange for the draft amendment to be lodged au Greffe, to be listed for debate by the States Assembly at the sitting of 14 May 2013.

Signature:

 

 

Position:

Minister

 

Date Signed:

 

 

Date of Decision (If different from Date Signed):

 

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