Government of Jersey

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 (13/08/2008) regarding: States Employment Board - delegation of functions.

Decision Reference: MD-C-2008-0019
Decision Summary Title :	DS - States Employment Board – delegation of functions		Date of Decision Summary:	7 August 2008
Decision Summary Author:	M J Pinel – Head of Employee Relations		Decision Summary: Public or Exempt? (State clauses from Code of Practice booklet)	Public
Type of Report: Oral or Written?	Written		Person Giving Oral Report:	N/A
Written Report Title :	WR – Delegation of Functions		Date of Written Report:	1 May 2008
Written Report Author:	M J Pinel		Written Report : Public or Exempt? (State clauses from Code of Practice booklet)	Public
Subject: States Employment Board: delegation of functions
Decision(s): With reference to R.26/2006 – Delegation of Functions – States Employment Board – presented by the Chief Minister to the States on 21st March, 2006, the Board decided on 1 May 2008 to delegate to the member of the Corporate Management Board with responsibility for a particular department or the relevant head of administration of the States in the case of non-executive department the Board’s responsibilities under Article 5 (1) of the Health and Safety at Work (Jersey) Law, 1989, in relation to persons other than employees. This means that a Chief Officer / Head of Administration will have responsibility of ensuring the Health and Safety of all non-staff entering their departmental premises – e.g a member of the public, contractor, etc.
Reason(s) for Decision: To enable responsibility under Article 5 (1) of the Health and Safety at Work (Jersey) Law, 1989 for the Health and Safety of persons, who are not States employees, who visit a States department or a non-executive department, to lie with the Chief Officer of that department who is already responsible for the Health and Safety of employees under the Law.
Resource Implications: None
Action required: Officers to forward the delegation of functions report to the Greffier of the States and Publications Editor to arrange for it to be presented to the States at a suitable opportunity.
Signature:		Position:
Date Signed:		Date of Decision (If different from Date Signed):

States Employment Board - delegation of functions.

States Employment Board

Delegation of Functions

On 13th January, 2006, the States Employment Board made an Act delegating certain of its functions under the Employment of States of Jersey Employees (Jersey) Law 2005. (Report to the States dated 21st March 2006 attached.)

One of those functions which was delegated was that of the health and safety of States’ employees. This function was delegated to the member of the Corporate Management Board with responsibility for a particular department or the relevant head of administration of the States in the case of a non-executive department.

In April, 2008, it was brought to the Board’s attention that it also had an employer’s responsibility under Article 5 (1) of the Health and Safety at Work (Jersey) Law, 1989, for the health and safety of persons, other than States’ employees, who visit States’ departments – e.g. members of the public, contractors, etc.

On 1st May, 2008, the Board made an Act (attached) delegating to the member of the Corporate Management Board with the responsibility for a particular department or the relevant head of administration of the States in the case of a non-executive department, the Board’s responsibilities under Article 5 (1) of the Health and Safety at Work (Jersey) Law, 1989, in relation to persons other than States’ employees who visit their departments.

Recommendation

The Chief Minister is requested to agree to present details of the delegation of functions to the States as the States Employment Board cannot present matters to the States in its own name.

M J Pinel

Head of Employee Relations

11-08-2008