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Employment Tribunal (Jersey) Regulations 2005 - Amendment: Law Drafting Instructions

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 2 May 2012:

Decision Reference: MD-S-2012-0033

Decision Summary Title :

Tribunal Regs Law Drafting

Date of Decision Summary:

2 May 2012

Decision Summary Author:

Policy Principal

Decision Summary:

Public or Exempt?

Public

Type of Report:

Oral or Written?

Written

Person Giving

Oral Report:

NA

Written Report

Title :

Tribunal Regs Law Drafting

Date of Written Report:

1 May 2012

Written Report Author:

Assistant Judicial Greffier

Written Report :

Public or Exempt?

Exempt 3.2.1(a) (xiv)

Subject: Law Drafting instructions – Amendment to the Employment Tribunal (Jersey) Regulations 2005

Decision(s): The Minister decided to request law drafting for an amendment to the Employment Tribunal (Jersey) Regulations 2005 so that more than one Deputy Chairman may be appointed to the Employment Tribunal.

Reason(s) for Decision: The Employment Tribunal (Jersey) Regulations 2005 currently permit the appointment of one Chairman and one Deputy Chairman, both of whom must hold a qualification in law. The Judicial Greffe has been responsible for the administration of the Employment Tribunal since 2010. The Assistant Judicial Greffier has proposed that Regulation 2(b) of the Employment Tribunal (Jersey) Regulations 2005 should be amended to permit the appointment of one or more Deputy Chairmen who must hold a qualification in law. It is anticipated that the appointment of additional Deputy Chairman would enable the Tribunal to operate more efficiently and to hear claims more quickly, as well as to prepare for the anticipated increase in claims that the introduction of discrimination legislation is likely to bring.

Resource Implications: There are no financial or manpower implications arising from the law drafting instructions.

Action required: Policy Principal to submit drafting instructions to the Law Draftsman’s Office.

Signature:

 

 

Position:

Minister

 

Date Signed:

 

Date of Decision (If different from Date Signed):

 

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