Employment of States of Jersey Employees (Amendment No.7) (Jersey) Law 201-: Amendment

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A decision made on 26 June 2014:

Decision reference: MD-C-2014-0124
Decision Summary Title :	Chief Ministers Amendment to the Employment of States of Jersey Employees (Jersey) Law Amendment No 7 Regulations		Date of Decision Summary:	26th June 2014
Decision Summary Author:	Policy & Research Officer		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 :	Chief Ministers Amendment to the Employment of States of Jersey Employees (Jersey) Law Amendment No 7 Regulations		Date of Written Report:	26th June 2014
Written Report Author:	Ministerial Support and Communications		Written Report : Public or Exempt? (State clauses from Code of Practice booklet)	Public
Subject: Chief Ministers Amendment to the Employment of States of Jersey Employees (Jersey) Law Amendment No 7 Regulations
Decision(s): The Chief Minister brings this amendment forward in order to address a question raised by the Chairman of the Public Accounts Committee, who asked why the draft Employment of States of Jersey Employees (Amendment No. 7) (Jersey) Regulations 201- does not contain an amendment to the Employment of States of Jersey Employees Law 2005 so as to add to that Law the same reference to limitation of civil liabilities as set out in the proposed Comptroller and Auditor General (Jersey) Law 201-.
Reason(s) for Decision: Article 10 of the draft Comptroller and Auditor General (Jersey) Law 201- is entitled ‘Limitation of Civil Liability’ and Paragraph 3(b) states: so as to prevent an award of damages made in respect of an act on the ground that the act was unlawful as a result of Article 7(1) of the Human Rights (Jersey) Law 2000 The provision is included in the draft Comptroller and Auditor General (Jersey) Law 201- so that the limits on the restriction of civil liability are clear, and a reader does not have to be aware of, and understand, the relevant provisions of the Human Rights (Jersey) Law 2000 in order to be aware of the restriction. The Employment of States of Jersey Law 2005 already contains an Article limiting civil liability for actions done under the Law. That Article does not currently contain an equivalent to Article 10(3)(b) of the draft Comptroller and Auditor General (Jersey) Law 201-, although the Law Draftsman is of the view that the Employment of States of Jersey Law 2005 would be construed as if such a provision were included, having regard to the requirements of the Human Rights (Jersey) Law 2000. The Employment of States of Jersey Law 2005 and all other enactments containing a limitation on civil liability would be amended by the draft Law Reform (Miscellaneous Provisions) (Jersey) Law 201-, currently being prepared. The amendment would be to add a provision equivalent to Article 10(3)(b) of the draft Comptroller and Auditor General Law 201-. This amendment, then, simply advances an amendment to the Employment of States of Jersey Law 2005 that would otherwise have been made, in due course, by the draft Law Reform (Miscellaneous Provisions) (Jersey) Law 201-. As the question raised by the Chairman of the Public Accounts Committee seeks to include paragraph 3(b) before the Law Reform Miscellaneous Provisions (Jersey) Law 201- comes into effect, the Chief Minister supports this amendment. The Greffier of the States to be requested to arrange for the Amendment to be lodged “au Greffe” for consideration by the States at the earliest opportunity.
Resource Implications: There are no resource or manpower implications arising from this decision
Action required: The Greffier of the States to be requested to arrange for the Amendment to be lodged “au Greffe” for consideration by the States at the earliest opportunity.
Signature:		Position: Chief Minister
Date Signed:		Date of Decision (If different from Date Signed):