Air and Sea Ports (Incorporation) (Jersey) Law 2015: Amendment: Law drafting instructions

Information about the publication of Ministerial Decisions

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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
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A decision made 15 May 2017:

Decision Reference:	MD-T-2017-0042
Decision Summary Title:	Air and Sea Ports (Incorporation)(Jersey) Law 2015 Transfer Regulation Request	Date of Decision Summary:		8th May 2017
Decision Summary Author:	Department of Infrastructure Business Development & Change Manager	Decision Summary: Public or Exempt?		Public
Type of Report: oral or written?	Written	Person Giving Report (if oral):		N/A
Written Report Title:	Air and Sea Ports (Incorporation)(Jersey) Law 2015 Transfer Regulation Request	Written report - author		8th May 2017
Written Report Author:	Department of Infrastructure Business Development & Change Manager	Written report – Public or Exempt?		Public
Subject: Air and Sea Ports (Incorporation) (Jersey) Law 2015
Decision(s): The Minister approved the request to instruct the Law Draftsman to draft a new Transfer Regulation.
Reason(s) for decision: The proposed amendment of the Transfer Regulation under Article 33 of the Air and Sea Ports Incorporation (Jersey) Law will provide a legal mechanism for the transfer of the 8 DfI employees to Ports of Jersey.
Resource Implications: DFI Officer and Law Draftsman’s time
Action required: Officers to instruct the Law Draftsman to prepare the new Transfer Regulations and subsequent submission to the Minister.
Signature: (Minister/ Assistant Minister)			Date of Decision:

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Air and Sea Ports (Incorporation) (Jersey) Law 2015: Amendment: Law drafting instructions

DEPARTMENT FOR INFRASTRUCTURE

AIR AND SEA PORTS (INCORPORATION)(JERSEY) LAW 2015 TRANSFER REGULATION REQUEST

Purpose of the Report

To request the drafting of a new transfer regulation in relation to the Air and Sea Ports (Incorporation) (Jersey) Law 2015 that allows eight DfI employees who provide specific services on Ports’ assets to be transferred into the Ports of Jersey (PoJ) carrying over their existing terms and conditions.

Background

Discussions have been taking place between PoJ and Department for Infrastructure (DfI) since late 2016 on what is the best solution for the delivery of the maintenance services on PoJ assets.

This Service Level Agreement (SLA) has been in place since January 2008, and was set for a 10-year period. The type of maintenance services provided by DfI are Mechanical, Electrical, Civil and Building Services and the contract value for 2017 is £2,276m. There are 27 manual workers, and four civil servants employed to fulfil the contract, support is also brought in on an ad-hoc basis from other DfI sections when required.

The current SLA will expire in December 2017. A joint business review was completed in late 2016 and PoJ outlined how they wish to proceed with delivery of the various work packages, which make up the total maintenance services. PoJ decided to deliver these services via a mixture of insourced and outsourced maintenance packages.

PoJ has been restructuring the delivery of engineering activities forming POJ Group Engineering who manage activities across the whole portfolio.

The benefits of a mixture of insourced and outsourced maintenance packages to the business are:

A consistent, resilient, efficient and effective approach to maintaining POJ assets; ensuring Jersey’s Island Gateways are safe, open and secure;
Consistent maintenance standards being applied across the whole of the estate;
The maintenance can be driven by business priorities.

For the insourced services PoJ wish to employ the eight DfI employees who currently provide specific services on Ports assets, these are;

Navigational Services – 3 employees
Support Services – 5 employees

For the outsourced services, PoJ has divided the workload up into 15 separate work packages, and these all go out to formal tender in May, however two of the work packages for ‘Heavy Mechanical and Diving Operations’ are being single sourced and restricted to DfI only. If DfI is not successful in being awarded some of these maintenance packages, there may be a direct impact on upwards of 12 staff, however the exact figure is not fully known until PoJ release the tendered packages.

Discussion

Following Law Officers advice, a new regulation is required to allow for the transfer of these employees from the States of Jersey to the PoJ. Article 33 of the Air and Sea Ports Incorporation (Jersey) Law allows for the passing of transfer regulations, including the transfer of States employees to the PoJ. By transferring staff under the ‘Law’, the eight DfI employees, who provide specific services on Ports assets, will be transferred into the PoJ carrying over their existing terms and conditions. This would protect the DfI employees’ length of service, pension arrangements and avoid redundancies.

Given the available time frames, it is envisaged that the Law will be lodged au Greffe in July 2017 and subsequently debated by the States in October 2017 and brought into force in November 2017.

Recommendation

The Minister is recommended to approve this request.

Reason(s) for Decision

The proposed amendment of the transfer regulation under Article 33 of the Air and Sea Ports Incorporation (Jersey) Law will provide a legal mechanism for the transfer of the eight DfI employees to PoJ.

Resource Implications

DfI Officer and Law Draftsman’s time.

Action Required

Officers are to instruct the Law Draftsman to prepare an Amendment to the Order for subsequent submission to the Minister.

Written by:	Business Development & Change Manager – Waste Directorate
Approved by:	Director, Operational Services