Law Drafting Programme 2008: Bid for Inclusion.

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A decision made (16/02/2007) regard: Law Drafting Programme 2008: Bid for Inclusion.

Subject:	Law Drafting Programme 2008: Bid for Inclusion
Decision Reference:	MD-C-2007-0009		Exempt clause(s):	n/a
Type of Report: (oral or written)	Written		Person Giving Report (if oral):	-
Telephone or e-mail Meeting?	-		Report File ref:
Written report – Title	Law Drafting Programme 2008: Bid for Inclusion
Written report – Author (name and job title)	Ben Griffiths, Research and Project Officer.
Decision(s): (a) Agreed that the following bid for the 2008 Law Drafting Programme should be forwarded to the Council of Ministers for their consideration – Discrimination (Disability) (Jersey) Regulations (b) Approved the submission of a form to the Council of Ministers which – (i) indicated whether the above bid should be regarded as ‘essential’ or ‘desirable’; (ii) provided an indicative list of items that were likely to be submitted for the 2009 and 2010 programme.
Reason(s) for decision: At present Jersey has very little legislation to prevent disability discrimination. A new Discrimination (Jersey) Law, due to be introduced in 2007, will enable the States to address this deficiency, probably by the introduction of appropriate Regulations. A commitment has been made to introduce an integrated Social Inclusion Strategy which would include anti-discrimination measures (States Strategic Plan 2006-2011 p9 and Commitment 3.1 p22). The Regulations are necessary to fulfil these commitments. Further information in support of the proposed inclusion of the item in the 2008 Law Drafting Programme is given in the Legislation Request Questionnaire that will be forwarded to the Council of Ministers.
Action required: Ben Griffiths, Research and Project Officer will arrange for the Legislation Request Questionnaire to be submitted to the Council of Ministers for its consideration.
Signature: (Chief Minister)		Date of Decision: 16 February 2007

Law Drafting Programme 2008: Bid for Inclusion.

REPORT TO CHIEF MINISTER

Law Drafting Programme 2008: Bid for Inclusion

1. The Chief Minister is asked to approve a request for an item of legislation to be included in the 2008 Law Drafting Programme. Further information about this request, and why it should be included in the Programme, is given in the attached Legislation Request Questionnaire.

2. The item proposed for inclusion is as follows:-

· Discrimination (Disability) (Jersey) Regulations

3. Further information about the process to be adopted for deciding upon the 2008 Law Drafting Programme is given in the attached letter from the Chief Minister’s Department. The Corporate Management Board will be asked to prepare a draft prioritised list of legislation for the 2008 programme. This list will then be discussed by the Council of Ministers and, subject to approval by the Council, forwarded on to the States for consideration as part of the 2008 Business Plan.

4. In addition to the Legislation Request Questionnaires, the Minister is also asked to approve the submission of a form to the Council of Ministers which –

(i) indicates whether the Legislation Request for 2008 should be regarded as ‘essential’ or ‘desirable’;

(ii) provides an indicative list of items that are likely to be submitted for the 2009 and 2010 programme.

5. Subject to approval by the Minister, the above forms will be collated and submitted to the Corporate Management Board for an initial draft prioritisation. They will then be forwarded to the Council of Ministers for their consideration on 22nd March, and subsequently a recommended draft programme will be included as part of the 2008 Business Plan for consideration by the States.

Report prepared by:

Ben Griffiths, Research and Project Officer

2 February 2007

Chief Minister’s Department

Cyril Le Marquand House

St Helier, Jersey, JE4 8QT

Tel: +44 (0)1534 603400

Fax: +44 (0)1534 870755

20th December 2006

To:

All Senior Managers,

Chief Minister’s Department,

Cyril Le Marquand House,

St. Helier

Dear colleague,

2008 Law Drafting Programme

I am writing to ask for your assistance in the preparation of the 2008 Law Drafting Programme. As in previous years, the Chief Minister’s Department will be preparing a draft programme for inclusion in the Annual Business Plan, and it is important that work begins at this stage on identifying items for possible inclusion in the programme.

I would therefore be grateful to receive details of your section’s legislation requests for 2008 by completing the attached ‘Legislation Request Questionnaire’. As before, you are asked to complete one questionnaire for each bid. It is important that as much information is provided as is possible regarding the impact of the proposed legislation on both the public and private sector. Proposed legislation will also need to be clearly linked to objectives in the Strategic Plan. Bids which are accompanied by insufficient information may be marked down when they are assessed.

You will also find attached a second form entitled ‘Bid for Law Drafting Resources - 2008 Programme’. You are asked to assess whether you consider each of the bids to be made by your Minister is either (a) an item for which drafting time in 2008 is essential or (b) an item for which drafting time in 2008 is desirable. Within each category, your bids should be presented in what you consider to be their order of priority.

You are also asked to give an indication of the bids that you are likely to be making in 2009 and 2010. Do not fill in a legislation request questionnaire for these items as they are not being assessed now. The purpose of asking you to give an indication of your future plans for legislation is to obtain a picture of the resource implications of the legislation that you would be seeking over a three year period.

Completed questionnaires and the Bid Summary form should be returned to me as soon as possible via e-mail and in any event no later than 31st January 2007, and I will then arrange for these to be presented to the Chief Minister for his approval at the beginning of February. Should you have any queries relating to the completion of the questionnaire do not hesitate to contact me. Alternatively, you may also contact Pam Staley at the Law Draftsman’s Office via e-mail or on tel. 441006.

Yours sincerely,

J.M.E. Harris,

Policy Adviser

CHIEF MINISTER’S DEPARTMENT

LEGISLATION PROGRAMME

Legislation Request Questionnaire

SPONSORING DEPARTMENT :- Chief Minister’s Department BID FOR YEAR :- 2007

CONTACT OFFICER :- To be decided REF NO :-

A. GENERAL DETAILS AND PURPOSE
1	PROPOSED TITLE OF LEGISLATION Discrimination (Disability) (Jersey) Regulations
2	NATURE OF LEGISLATION (Law, Regulation, Order etc) Regulations / Amendment Law (to be decided)
3	PLEASE PROVIDE A SHORT SUMMARY OF THE AIM OF THIS LEGISLATION (MAXIMUM OF 50 WORDS). The Regulations would : · Provide a minimum level of protection from discrimination based on disability · Apply to employment, education, supply of goods or services, access to premises, etc · Specify exceptions in which discrimination is justifiable.
4	IS THE REQUEST FOR NEW, OR FOR THE AMENDMENT OF EXISTING LEGISLATION? New request
5	(A) STATE THE ISSUE OR PROBLEM TO BE RESOLVED At present Jersey has very little legislation to prevent disability discrimination. A new Discrimination (Jersey) Law, due to be introduced in 2007, will enable the States to address this deficiency, probably by the introduction of appropriate Regulations. A commitment has been made to introduce an integrated Social Inclusion Strategy which would include anti-discrimination measures (States Strategic Plan 2006-2011 p9 and Commitment 3.1 p22). The Regulations are necessary to fulfil these commitments. (B) STATE THE EXPECTED BENEFIT OF THE MEASURE The Regulations will – · help to improve the status of people in Jersey who may be discriminated against on the grounds of their disability and provide a statutory remedy for discriminatory acts.
6	WHAT POSITIVE OR NEGATIVE IMPACT DOES THIS LEGISLATION HAVE ON KEY OBJECTIVES OF THE STATES OF JERSEY? (ECONOMY; ENVIRONMENT; STEWARDSHIP; SOCIAL) see attached guidance notes Economy: The Regulations will be designed to be workable for businesses and effective in tackling the real problems of discrimination on the grounds of disability without imposing an undue financial burden on businesses. Social: Recognition of equal opportunities and breaking down discriminatory conduct in society are key requirements to achieve the States strategic objectives – to address social inequalities and develop an integrated and socially inclusive society.
7	WHAT WOULD HAPPEN IF NO ACTION WERE TAKEN? WHAT RISK WOULD BE RUN AND HOW GREAT WOULD IT BE? The impact and consequences of disability discrimination are socially divisive. In the absence of modern anti-discrimination legislation, Jersey would remain open to criticism, both locally and in the international arena, for failing to meet widely accepted standards.
8.	IS THE LEGISLATION LIKELY TO BE LONG AND/OR COMPLEX? No – Regulations will be relatively short, as the main body of provisions are contained already in the principal Law. The Regulations are likely to closely parallel those already put forward for the prevention of race and sex discrimination.
9	IS THIS A PREVIOUSLY UNIDENTIFIED/URGENT REQUEST? IF SO, PLEASE PROVIDE AN EXPLANATION? No – the issues have been under consideration since 1991.
B. EXTENT OF DEVELOPMENT OF POLICY
10	HAS THE REQUEST RECEIVED THE “IN PRINCIPLE” APPROVAL OF THE STATES OR ANY OTHER RELEVANT BODIES? · States adopted a proposition of Senator Stein, 1991, which “endorsed in principle that all forms of discrimination, whether against men or women, should be removed” · Employment and Social Security Proposition (P.99/2000) recommendation adopted by the States to include disability discrimination legislation as part of an overall Discrimination Law.
11	ARE THE PROPOSALS LIKELY TO BE LEGALLY CONTENTIOUS? (IF SO, HAS THE ADVICE OF THE LAW OFFICERS BEEN SOUGHT?) Not legally contentious.
12	IS THERE LIKELY TO BE ANY EXPRESS OPPOSITION TO WHAT IS PROPOSED AND HOW MIGHT THIS MANIFEST ITSELF? No. Consultation with businesses and health related organisations both in the private and public sector will be necessary to ensure that the regulatory burden is reasonable.
13	HAS THERE BEEN CONSULTATION UPON THE PROPOSALS? (Describe the level of consultation generally, indicating organizations consulted, time allowed for consultation and whether or not responses to consultation were in favour of the proposal ) Not yet – planned for Summer 2008
C. THE EFFECT ON BUSINESS
14	BUSINESS SECTORS AFFECTED (Please state the business sectors or types of businesses likely to be affected and estimate the number of businesses involved) All employers – island-wide
15	COMPLIANCE COSTS FOR A TYPICAL BUSINESS (Please summarise the total estimated compliance costs regarding a measure for a “typical” business in each concerned sector or the type of business most likely to be affected in terms of recurring and non-recurring costs) Not known – although plans for new buildings should include appropriate provision for disability considerations.
16	HOW DO THE COMPLIANCE COSTS OF OTHER OPTIONS COMPARE? Not applicable
17	TOTAL COMPLIANCE COSTS (Summarise the total estimated compliance costs for all specific sectors or types of business/individuals likely to be affected) Not known.
18	EFFECTS ON INTERNATIONAL COMPETITIVENESS (Describe how any additional costs arising from the measure may affect the competitive position of the Island) Not known.
D. THE EFFECT ON INDIVIDUALS & GROUPS
19	WHAT COSTS, IF ANY MIGHT BE INCURRED TO OTHERS (E.G. ISLAND RESIDENTS) AS A RESULT FROM THE LEGISLATION? No cost on individuals – except compensation claims following discriminatory acts.
20	WHO WILL PRIMARILY BENEFIT FROM THE PROPOSAL AND IN WHAT WAY? (FINANCIAL, LIFESTYLE, FREEDOM TO ACT) All sectors of society – especially those who have previously been discriminated against.
21	IF THE MEASURE IS PROPOSED TO BENEFIT A SPECIFIC GROUP OR SECTION OF THE POPULATION, IS ANYONE LIKELY TO BE OTHERWISE ADVERSELY AFFECTED OR DISADVANTAGED IN EITHER FINANCIAL OR OTHER TERMS AND IN WHAT WAY? No.
E. THE EFFECT ON GOVERNMENT RESOURCES
22	a) HOW WILL THE PROPOSED LEGISLATION BE IMPLEMENTED, ADMINISTERED, AND ENFORCED? Under provisions of the Discrimination (Jersey) Law – i.e. by the Employment Tribunal or Discrimination Panel.
	b) WHAT ARE THE RESOURCE CONSEQUENCES OF EACH OF THESE PHASES, AND HAVE THESE BEEN ACCEPTED BY THE RESOURCE DEPARTMENTS? (Please refer to all resources including ongoing revenue costs, and manpower costs in terms of number of posts (FTE) and actual headcount expected.) Home Affairs Department would be responsible for cost of enforcement of the Discrimination (Jersey) Law, of which the enforcement of disability discrimination Regulations is a part. Total anticipated budget is £500,000 p.a. for the principal Law and supporting Regulations to offer protection from each form of discrimination - including 1 FTE Discrimination Officer and payment of independent Panel members.
	c) WHAT, IF ANY, ARE THE SAVINGS ACHIEVED BY THE PROPOSED LEGISLATION? None
23	WHAT ARE THE POTENTIAL KNOCK-ON EFFECTS TO OTHER DEPARTMENTS OF THIS PROPOSED LEGISLATION IN RESOURCE TERMS? (Please include details of those departments consulted.) See paragraph 22.
F. INSTRUCTING THE LAW DRAFTSMAN v (See Law Draftsman’s handbook, “Making New Laws”)
24	WHEN WILL COMPREHENSIVE DRAFTING INSTRUCTIONS BE AVAILABLE? September 2008
25	WILL ANY ASSISTANCE BE REQUIRED FROM OUTSIDE THE STATES TO ENABLE THE PREPARATION OF DRAFTING INSTRUCTIONS - IF SO - (a) WHAT ARRANGEMENTS HAVE BEEN MADE TO SOURCE THE ASSISTANCE? (b) ARE FINANCIAL RESOURCES AVAILABLE FOR THIS PURPOSE? None
26	(a) GIVE THE NAME OF THE INSTRUCTING OFFICER (AND PROVIDE DETAILS OF THE ASSISTANCE FROM OUTSIDE THE STATES, IF ANY, THAT IS TO BE USED) To be nominated (b) CONFIRM THAT THE INSTRUCTING OFFICER WILL BE ABLE TO CONSIDER DRAFTS SUBMITTED BY THE LAW DRAFTSMAN’S OFFICE, AND REQUESTS FOR FURTHER INSTRUCTIONS, FULLY AND WITHOUT DELAY Yes.
27	WHEN DO YOU EXPECT TO BE ABLE TO DELIVER INSTRUCTIONS FOR OUTSTANDING MATTERS IN THE 2006 LEGISLATION PROGRAMME? None applicable
Signature: .......................................................		Designation : .......................................................
Date: .......................................................		Chief Executive : .......................................................

BIDS FOR LAW DRAFTING RESOURCES – 2008 PROGRAMME

Minister : Chief Minister

(a) ‘Essential’ items

Minister’s priority	Title of item	Brief explanation of why it is essential that this item is in the 2008 programme	Date of delivery of law drafting instructions in 2008
1	Discrimination (Disability) Regulations	In accordance with States policy (in adopting P.99/2000) to include disability discrimination as part of an overall discrimination law. This also supports the States strategic policy 2005-2010: 3.6 - to “develop proactive policies to include people with disabilities into island life”; and 3.8 – “promotion of human rights and equal opportunities”.	September 2008
2
3
4
5

(b) ‘Desirable’ items

Minister’s priority	Title of item	Date of delivery of law drafting instructions in 2008
1
2
3
4
5

This is intended simply to provide an indication of anticipated drafting requirements for 2009 and 2010, and this would need to be assessed and prioritised at the appropriate time.

2009

Minister’s priority	Title of item	Financial Impact (see note)	FTE Impact (see note)
1	Discrimination (Sex) Regulations	Current	No
2
3
4

2010

Minister’s priority	Title of item	Financial Impact	FTE Impact
1	Discrimination (Age) Regulations	Current	No
2
3

Note:

If it is anticipated that the item of legislation will have any additional financial or manpower implications, please provide further details in the table.