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Covid-19 (Employment - Minimum Wage) (Jersey) Regulations 202-

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 1 September 2021

Decision Reference: MD-S-2021-0059

Decision Summary Title :

Covid-19 (Employment - Minimum Wage) (Jersey) Regulations 202-

Date of Decision Summary:

27 August 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 :

Covid-19 (Employment - Minimum Wage) (Jersey) Regulations 202-

Date of Written Report:

27 August 2021

Written Report Author:

Senior Policy Officer

Written Report:

Public or Exempt?

Public

Subject: Covid-19 (Employment - Minimum Wage) (Jersey) Regulations 202-

Decision(s): The Social Security Minister decided to lodge draft Regulations under the Covid-19 (Enabling Provisions) (Jersey) Law 2020 to disapply the provisions of the Employment Law which relate to the requirement for the Employment Forum to consult and provide recommendations on the level of minimum wage and offset rates.  

Reason(s) for Decision: The Covid-19 pandemic has prevented the Social Security Minister from directing the Employment Forum to produce a report on the level of the minimum wage, as required by Article 18 of the Employment Law. The Minister has decided that time-limited Regulations should be lodged under Covid-19 legislative powers to enable a new minimum rate to be set. Draft Regulations have been produced and the Minister has decided to lodge them for approval by the States Assembly.

Resource Implications: There are no financial or manpower implications.

Action required: Senior Policy Officer to request the Greffe to lodge the draft amendments for debate in October 2021.

Signature:

 

 

 

 

 

 

Position: Social Security Minister

 

Date Signed:

 

 

Date of Decision (If different from Date Signed):

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