Government of Jersey

Information about the publication of Ministerial Decisions

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 14 August 2012:

Decision Reference: MD-S-2012-0063
Decision Summary Title :	DS Insolvency Draft App Day Act		Date of Decision Summary:	7 August 2012
Decision Summary Author:	Policy Principal		Decision Summary: Public or Exempt?	Public
Type of Report: Oral or Written?	Written		Person Giving Oral Report:	N/A
Written Report Title :	WR Insolvency Draft App Day Act		Date of Written Report:	7 August 2012
Written Report Author:	Policy Principal		Written Report : Public or Exempt?	Public
Subject: Law drafting instruction - Appointed Day Act, Social Security (Amendment No. 20) (Jersey) Law, 2012.
Decision(s): The Minister decided to instruct the Law Draftsman’s Office to prepare an Appointed Day Act that would bring into force the Social Security (Amendment No. 20) (Jersey) Law, 2012, on 1 December 2012.
Reason(s) for Decision: This amendment to the Social Security (Jersey) Law, 1974 will introduce an Insolvency Benefit that will provide a basic minimum standard of protection for redundant employees where their employment has ended due to their former employer’s bankruptcy. The Minister intends to lodge the Appointed Day Act by 11 September 2012, for States debate in October.
Resource Implications: There are no financial or manpower implications arising from the law drafting instructions or the proposed Appointed Day Act. In the short term, the benefit will be funded from existing Social Security budgets.
Action required: Policy Principal to request that the Law Draftsman prepares an Appointed Day Act.
Signature:		Position:
Date Signed:		Date of Decision (If different from Date Signed):

Social Security (Amendment No.20) (Jersey) Law 2012 - Appointed Day Act: Law Drafting Instructions

Law Drafting instructions for an Appointed Day Act in respect of the Social Security (Amendment No. 20) (Jersey) Law, 2012

Background

The Social Security (Amendment No. 20) (Jersey) Law, 2012 (‘Amendment 20’) will amend the Social Security (Jersey) Law, 1974 (the ‘Social Security Law’), to introduce a new insolvency benefit (the ‘benefit’).

The benefit will promptly provide financial assistance to individuals who have lost their job due to the bankruptcy of their former employer. The benefit payment is based upon a reasonable proportion of amounts owed to the individual by their former employer in respect of unpaid wages, holiday pay, statutory notice pay, and statutory redundancy pay.

Amendment 20 was adopted by the States on 9 June 2011 and registered in the Royal Court on 6 January 2012. The Minister intends to lodge an Appointed Day Act by 11 September 2012, for States debate in October. Subject to States approval, the benefit will become available to claim from 1 December 2012.

A number of additional provisions, particularly relating to the administration and payment of the benefit, will be made by Ministerial Order. That law drafting is almost complete and the Order will also come into force on 1 December 2012.

The Social Security Department has continued to administer a temporary insolvency scheme, details of which were presented to the States in 2009 (R.44/2009, extended by P.67/2009 and R.74/2011). That temporary scheme scheme will close to new claims as of 30 November 2012.

Law Drafting

The Minister requests the drafting of an Appointed Day Act that would bring the Social Security (Amendment No. 20) (Jersey) Law, 2012, into force on 1 December 2012.

Financial and manpower implications

There are no financial or manpower implications arising from the law drafting instructions or the proposed Appointed Day Act. In the short term, Social Security contributions will not be increased and funding for the benefit will be drawn from existing Social Security budgets.