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Report to the States: white paper - insolvency payments scheme.

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

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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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 December 2009 regarding: Report to the States: white paper - insolvency payments scheme.

Decision Reference: MD-S-2009-0067

Decision Summary Title :

DS Insolvency Report to States 2Dec09

Date of Decision Summary:

2 December 2009

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 Insolvency Report to States 2Dec09

Date of Written Report:

2 December 2009

Written Report Author:

Policy Principal

Written Report :

Public or Exempt?

Public

Subject: Report to the States: White Paper – Insolvency Payments Scheme

Decision(s): The Minister decided to present to the States a Report outlining the background to the release of a White Paper that proposes a statutory Insolvency Payments Scheme.

Reason(s) for Decision:

A commitment was given by the Social Security Minister that proposals for a statutory scheme, as set out in the White Paper, would be outlined by the end of 2009 and that progress would be reported to the States.  The introduction of an Insolvency scheme has been a matter of public and political debate in Jersey since 1993 and was widely consulted upon by the Employment Forum in 2006.  A limited Temporary Insolvency scheme has been in operation since early 2009. Firm proposals are now being put forward by the Social Security Minister via a White Paper.

Resource Implications:

It is proposed that the scheme will be self funding by applying a small increase (0.032%) to the Social Security contributions paid by employers.  This would provide an insolvency fund of approximately £350,000 per year. The estimated cost to the States (as an employer) is approximately £40,000 per annum. The Temporary Scheme will continue to operate until the statutory scheme is implemented.  It may be necessary to request additional funding to continue to provide payments under the Temporary Scheme.

Action required: Policy Principal to submit the documents to the Greffe for presentation to the States as a Report on 7 December 2009.

Signature: 

Position:

Minister

Date Signed: 

Date of Decision (If different from Date Signed):

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