Trade Unions and Employers' Associations: Registrar: Appointment of Judicial Greffier

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 4 November 2016:

Decision Reference: MD-S-2016-0078
Decision Summary Title :	Appoint registrar of trade unions and employers’ associations		Date of Decision Summary:	4 November 2016
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 :	Appointment of Judicial Greffier as registrar of trade unions and employers’ associations		Date of Written Report:	4 November 2016
Written Report Author:	Policy Principal		Written Report : Public or Exempt?	Public
Subject: Appointment of the Judicial Greffier as registrar of trade unions and employers’ associations.
Decision(s): The Minister decided to appoint the Judicial Greffier as the registrar of trade unions and employers’ associations under Article 8 of the Employment Relations (Jersey) Law 2007 and to revoke the previous Ministerial decision (MD-S-2010-0040) that appointed a specific post within the Judicial Greffe to undertake that function.
Reason(s) for Decision: A Ministerial Decision in 2010 (MD-S-2010-0040) appointed the Registrar of Appeals and Tribunals (a post within the Judicial Greffe) to act as the registrar of trade unions and employers’ associations. It is more appropriate to permit the Judicial Greffier to delegate that function to one or more Judicial Greffe officers. The 2010 Ministerial Decision also appointed the Registrar of Appeals and Tribunals to perform the function of Secretary to the Employment and Discrimination Tribunal under Article 85 of the Employment (Jersey) Law 2003. That decision is no longer required because the Employment Law was amended on 28 October 2016 to provide that the Judicial Greffier shall act as Secretary of the Tribunal and may delegate that function to an officer of the Judicial Greffe. The 2010 decision (MD-S-2010-0040) is therefore superseded by this decision.
Resource Implications: There are no financial or manpower implications.
Action required: Policy Principal to notify the Judicial Greffier of the decision.
Signature:		Position: Minister
Date Signed:		Date of Decision (If different from Date Signed):