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Discrimination (Disability) (Jersey) Regulations 201-: Amendment

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.

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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 19 March 2018:

Decision Reference: MD-S-2018-0021

Decision Summary Title :

DS Lodge amendment to Disability Discrimination Regs

Date of Decision Summary:

19 March 2018

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 :

WR Accompanying report – Amendment to P20 2018 Disability Discrimination Regs

Date of Written Report:

19 March 2018

Written Report Author:

Policy Principal

Written Report :

Public or Exempt?

Public

Subject: Lodge an amendment to the Draft Discrimination (Disability) (Jersey) Regulations 201-  

Decision(s): The Minister decided to lodge ‘au Greffe’ an amendment to the Draft Discrimination (Disability) (Jersey) Regulations 201- (P.201/2018).

Reason(s) for Decision: In its published Comment on the draft Regulations (P.20/2018 Com.), the Health and Social Security Scrutiny Panel has raised concerns about the exclusion of “addiction to alcohol, nicotine or any other substance” from the definition of disability.

 

The Minister acknowledges the Panel’s concerns and has agreed to lodge this amendment to remove the exception for addiction, as a transitional position, in order to ensure that the draft Regulations can be debated in March, as planned. Before an exception is introduced, further research will be undertaken and an amendment may be proposed for debate later in 2018, if required. The Minister considers that this amendment would provide an acceptable interim position whereby employers and service providers would have plenty of notice of the new requirements and training can continue to be provided. Most importantly, the Minister’s priority is to ensure that the Regulations come into force on 1 September 2018, as planned, to improve the lives of thousands of disabled people and their carers in Jersey.

Resource Implications: There are no additional financial or manpower implications arising from the amendment.

Action required: Policy Principal to request the Greffier of the States to arrange to lodge the amendment ‘au Greffe’ on Monday 19 March 2018 (or as soon as possible thereafter), to be listed for the States sitting of 20 March 2018. It is noted that, as the amendment does not meet the minimum lodging period, that it will be debated at that sitting only with the agreement of the Assembly.

Signature:

 

Position:

 

Date Signed:

 

Date of Decision (If different from Date Signed):

 

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