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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 (09/10/2007) regarding: Employment Relations (Jersey) Law 2007 - Lodge Appointed Day Acts.

Decision Reference: MD-S-2007-0069
Decision Summary Title :	L:\General Information\Workgroups\Policy\Employment\Ministerial decisions\DS ERL appointed day lodging 5Oct07		Date of Decision Summary:	05/10/2007
Decision Summary Author:	Kate Morel, Policy Principal		Decision Summary: Public or Exempt?	Public
Type of Report: Oral or Written?	Written		Person Giving Oral Report:	N/A
Written Report Title :	L:\General Information\Workgroups\Policy\Employment\Ministerial decisions\WR ERL Accompanying Reports 5Oct07		Date of Written Report:	05/10/2007
Written Report Author:	Kate Morel, Policy Principal		Written Report : Public or Exempt?	Public
Subject: Employment Relations (Jersey) Law 2007 - Lodge Appointed Day Acts
Decision(s): The Minister decided to lodge for States debate the Employment Relations (Jersey) Law 2007 (Appointed Day) Act 200- and the Employment Relations (Amendment NO. 2) (Jersey) Law 2007 (Appointed Day) Act 200-, citing 21 January 2008 as the date of enactment, with the intention of securing a States debate on 23 October.
Reason(s) for Decision: The Minister is satisfied that, subject to States approval, an Appointed Day of 21 January 2008 will give sufficient notice and preparation time for the introduction of the Employment Relations Law and codes of practice.
Resource Implications: There are no financial or manpower implications.
Action required: Request that the Appointed Day Acts are lodged by the Greffe with the intention of securing a States debate on 23 October.
Signature:		Position:
Date Signed:		Date of Decision (If different from Date Signed):

Employment Relations (Jersey) Law 2007 - Lodge Appointed Day Acts.

Accompanying Report for the Employment Relations (Jersey) Law 2007 (Appointed Day) Act 200-

If adopted, this Act will bring into force the Employment Relations (Jersey) Law 2007, which was adopted by the States on 17 May 2005, sanctioned by Order of Her Majesty in Council on 14 December 2006 and registered by the Royal Court on 5 January 2007.

The Employment Relations Law provides -

a straightforward system of legal identification and registration of trade unions and employer associations, including the obligations and immunities, of trade unions and employers’ associations.
a legal dispute resolution process which supports and develops good industrial relations in the Island, with the aim of reducing the likelihood of disputes and enabling early resolution of disputes where they occur, using the Employment Tribunal where necessary and incorporating elements of the Industrial Disputes (Jersey) Law 1956;
a framework for codes of practice to describe good and reasonable employment relations practice to supplement the minimalist legal approach provided in the draft Law, which is simple and appropriate to a small community.

The period for representations to be made to the Minister on the codes of practice closes on 18 October 2007. After any representations have been considered, the resulting codes will be made by Order, to come into force with the Employment Relations Law.

This proposition, if approved, will bring into force the Employment Relations (Jersey) Law 2007 on 21 January 2008. It is intended to bring forward the Employment Relations (Amendment NO. 2) (Jersey) Law 2007 for enactment on the same date.

Financial and manpower implications

There are no additional financial or manpower implications arising from this proposition. The existing budget for employment relations, which includes the cost of running the Employment Tribunal and the Jersey Advisory and Conciliation Service, is sufficient for the implementation of this legislation.

Accompanying Report for the Employment Relations (Amendment NO. 2) (Jersey) Law 2007 (Appointed Day) Act 200-

If adopted, this Act will bring into force the Employment Relations (Amendment NO. 2) (Jersey) Law 2007, which was adopted by the States on 4 July 2006, sanctioned by Order of Her Majesty in Council on 13 June 2007 and registered by the Royal Court on 22 June 2007.

The Employment Relations (Amendment NO. 2) (Jersey) Law 2007 widens the jurisdiction of the Employment Tribunal to enable either party to a dispute about trade union recognition (where the employer involved in the dispute employs 21 or more employees) to refer that dispute to the Employment Tribunal. The Tribunal can then make a declaration as to whether the trade union must be recognised by the employer for the purpose of conducting collective bargaining in respect of pay, hours of work and holidays, and can also specify a method of conducting collective bargaining.

This proposition, if approved, will bring into force the Employment Relations (Amendment NO. 2) (Jersey) Law 2007 on 21 January 2008, with the Employment Relations Law itself.

Financial and manpower implications

There are no additional financial or manpower implications arising from this proposition.