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L'înformâtion et les sèrvices publyis pouor I'Île dé Jèrri

Employment (Amendment No. 9) (Jersey) Law 201-

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 16 October 2015:

Decision Reference: MD-S-2015-0084

Decision Summary Title :

DS Lodge Employment Law Amendment No 9

Date of Decision Summary:

16 October 2015

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 Lodge Employment Law Amendment No 9

Date of Written Report:

16 October 2015

Written Report Author:

Policy Principal

Written Report :

Public or Exempt?

Public

Subject: Lodge the Draft Employment (Amendment No.9) (Jersey) Law 201-

Decision(s): The Minister decided to lodge ‘au Greffe’ the Draft Employment (Amendment No.9) (Jersey) Law 201-.

Reason(s) for Decision: The Minister for Social Security intends to replace Article 94 of the Employment (Jersey) Law 2003 (the ‘Employment Law’) in order to clarify the procedure for the making of appeals to the Royal Court against decisions of the Jersey Employment and Discrimination Tribunal (the ‘Tribunal’).

 

In the course of drafting Rules of Court to govern appeals to the Royal Court, difficulties were identified with the current Article 94 which are outlined in the written report. These concerns were drawn to the attention of the Minister and Article 94 has been revised in consultation with the Bailiff, and representatives of the Judicial Greffe and the Tribunal, with advice from the Law Officers’ Department. The Minister intends that the Employment Law should be amended as soon as possible to enable Rules of Court to be made.

Resource Implications: There are no financial and manpower implications.

Action required: Policy Principal to request the Greffier of the States to arrange to lodge the Draft Employment (Amendment No.9) (Jersey) Law ‘au Greffe’ on 20 October, to be listed for the States sitting of 1 December 2015.

Signature:

 

 

Position:

 

 

Date Signed:

 

 

Date of Decision (If different from Date Signed):

 

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