Social Security Legislation: Pension Age Increase: Law Drafting Instructions

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there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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

Decision Reference: MD-S-2012-0110
Decision Summary Title :	DS – Law changes required following States agreement to change the pension age – Law drafting instructions		Date of Decision Summary:	14 December 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 – Changes to pension age: required amendments to Laws – Law drafting instructions		Date of Written Report:	14 December 2012
Written Report Author:	Policy Principal		Written Report : Public or Exempt?	Public
Subject: Law drafting instructions to amend Laws to reflect the changes to pension age agreed by the States in June 2011.
Decision(s): The Minister decided to instruct the Law Draftsman’s Office to undertake changes to laws affected by the decision to raise the State Pension Age, as set out in the attached report.
Reason(s) for Decision: In June 2011, the States approved a Proposition (P58/2011) to increase the age at which an individual is eligible for a Social Security pension (Old Age Pension). Changes to the pension age commence in 2020, with the pension age increasing from 65 to 67 by 2031.
Resource Implications: There are no financial or manpower implications.
Action required: Policy Principal to submit instructions to the Law Draftsman’s Office.
Signature:		Position: Minister
Date Signed:		Date of Decision (If different from Date Signed):