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Jersey Employment and Discrimination Tribunal: Re-Appointment of Side-Member

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 20 January 2017:

Decision Reference:  MD-S-2017-0004

Decision Summary Title :

DS JEDT re-appoint Carr

Date of Decision Summary:

20 January 2017

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 JEDT re-appoint Carr

Date of Written Report:

20 January 2017

Written Report Author:

Policy Principal

Written Report :

Public or Exempt?

Public

Subject: Jersey Employment and Discrimination Tribunal - Re-appoint Side Member

Decision(s): The Minister decided to present a written Report notifying the States that she had re-appointed Mr Ian Carr as a Side Member of the Jersey Employment and Discrimination Tribunal for an additional 4 year term.

Reason(s) for decision: Regulation 5(2) of the Employment and Discrimination Tribunal (Jersey) Regulations 2014 provides that members of the Employment and Discrimination Tribunal are to be appointed for an initial term of up to 5 years. On the written request of a member and after consultation with the Jersey Appointments Commission (the ‘Commission), the Minister may extend a member’s initial term of office. The Commission’s guidelines (not yet approved) provide that, as a matter of best practice, members of bodies such as the Tribunal should serve for a maximum of 9 years in total.

 

Mr Carr’s initial 5 year term of office would expire on 31 January 2017 and he has requested an extension. Having consulted the Commission, the Minister has decided to re-appoint Mr Carr for a further 4 year term which will end on 31 January 2021. It is not necessary to request that the States approves Mr Carr’s re-appointment; however the Minister will present a Report notifying the States as a matter of good order.

Resource Implications: There are no financial or manpower implications.

Action required: Policy Principal to request the Greffier of the States to arrange for the Report to be presented to the States at the next opportunity.

Signature:

 

 

Position:

Minister

 

Date Signed:

 

 

Date of Decision (If different from Date Signed):

 

 

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