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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 25 June 2010 regarding: Employment Tribunal Side Members - extension of appointments.

Decision Reference: MD-S-2010-0032
Decision Summary Title :	DS - JET extensions		Date of Decision Summary:	22 June 2010
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 - JET extensions		Date of Written Report:	22 June 2010
Written Report Author:	Policy Principal		Written Report : Public or Exempt?	Public
Subject: Employment Tribunal Side Members – Extension of Appointments
Decision(s): The Minister decided to present a written Report notifying the States that the terms of five Side Members of the Jersey Employment Tribunal will be extended.
Reason(s) for Decision: The Employment Tribunal (Jersey) Regulations, 2005 provide that a member is entitled, by written request, to extend their term of office on the Tribunal for a further term of up to five years. Five members have each chosen a five year extension to their term, from 1 July 2010: Advocate David Le Quesne Mrs Nicola Santos Costa Mr Stewart Mourant Mr Samuel Le Breton Mr Patrick Kirwan It is not necessary to request that the States approves the extended appointments; however the Minister wishes to 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 ask the Greffier of the States to arrange for the Report to be presented to the States.
Signature:		Position: Minister
Date Signed:		Date of Decision (If different from Date Signed):

Employment Tribunal Side Members - extension of appointments

REPORT TO BE PRESENTED BY

THE MINISTER FOR SOCIAL SECURITY

Employment Tribunal Members – Extension of Appointments

Background

The maximum number of members that may be appointed to the Jersey Employment is 18; a Chairman, a Deputy Chairman, up to eight ‘employee’ Side Members and up to eight ‘employer’ Side Members.

In 2005, the appointments of 14 Tribunal members were approved by the States. Terms were offered on a staggered basis, varying between one and five years, to ensure that the terms of those appointed did not expire on the same day, to provide continuity in the composition of the Tribunal. A further period of recruitment in 2008 resulted in the appointment of four additional Side Members.

The Tribunal Regulations

The Employment Tribunal (Jersey) Regulations, 2005, provide that Tribunal members are appointed by the States initially, but if a member chooses to take a second (and final) term, up to the maximum of five years, they are entitled to do so. This is in order to secure the tenure of persons appointed to offices in which their independence should be protected.

Extension of appointments

The following five Members have each requested a five year extension to their terms on the Employment Tribunal:

Chairman - David Le Quesne – An Advocate, formerly of Viberts; Chairman of Vivat Trust and a locally trained mediator.

Deputy Chairman - Nicola Santos Costa – A Solicitor, formerly of Crill Canavan; Chair of the Jersey NSPCC and a former member of the Jersey Youth Court.

Stewart Mourant - Lifelong Farmer, St Helier Parish Accounts Committee Member and Board Member of Les Amis.

Samuel Le Breton - Part time Royal Court Greffier Substitute and President of the Jersey Mutual Insurance Society. R etired Senior Police Officer and former President of the States of Jersey Police Association.

Patrick Kirwan - Acting Stand Down Officer for Unite the Union. Retired Union Convener for the Transport and Technical Services Department.

I am grateful to the Members for requesting an extension to their terms on the Employment Tribunal and I would like to thank all of the Employment Tribunal members, the Chairman, the Deputy Chairman and the Secretary for their continued hard work and commitment.