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Covid-19 (Employment Minimum Wage) (Jersey) Regulations 2021: 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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 on 15 October 2021

Decision Reference: MD-S-2021-0068

Decision Summary Title :

Law drafting – minimum wage rates setting Order

Date of Decision Summary:

15 October 2021

Decision Summary Author:

Senior Policy Officer

Decision Summary:

Public or Exempt?

Public

Type of Report:

Oral or Written?

Written

Person Giving

Oral Report:

N/A

Written Report

Title :

Law Drafting Instructions: Covid-19 (Employment- Minimum Wage) (Jersey) Regulations 2021

Date of Written Report:

15 October 2021

Written Report Author:

Senior Policy Officer

 

Written Report:

Public or Exempt?

 

Public

Subject: Request for law drafting for a Ministerial Order to set minimum wage rates for 2022.

Decision(s): The Minister decided to ask for law drafting for an Order to enable her to set minimum wage rates for 2022. The Order will be made under the provisions of the Covid-19 (Employment-Minimum Wage) (Jersey) Regulations 2021. The Regulations were agreed by the States Assembly on 8 October 2021 and came into force on 15 October 2021.

Reason(s) for Decision: The States Assembly has agreed to Regulations which will allow the Minister for Social Security to make an Order, on a one-off basis, to set minimum wage rates for 2022, without the requirement contained in the Employment Law to ask the Employment Forum to consult on those rates before the Minister may make an Order. Following the drafting of the Order, the Minister intends to set the rates as follows: Main minimum wage rate: £9.22 per hour; Trainee rate (Year 1): £6.91 per hour; Trainee rate (Year 2): £8.07 per hour. The new rates will take effect from 1 January 2022.

Resource Implications: There are no financial or manpower implications for the States.

Action required: Senior Policy Officer to send the law drafting instructions to the Legislative Drafting Office.

Signature:

 

Position:

Social Security Minister

 

Date Signed:

 

 

 

 

 

Date of Decision (If different from Date Signed):

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