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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 (23/11/2007) regarding: Employment Relations Law - Regulations relating to Registration.

Decision Reference: MD-S-2007-0079
Decision Summary Title :	L:\General Information\Workgroups\Policy\Employment\Ministerial decisions\DS Registration Regulations 19Nov07		Date of Decision Summary:	19/11/2007
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 Registration Regulations 19Nov07		Date of Written Report:	19/11/2007
Written Report Author:	Kate Morel, Policy Principal		Written Report : Public or Exempt?	Public
Subject: Employment Relations Law – Regulations relating to Registration
Decision(s): The Minister approved law drafting instructions for the preparation of Regulations under article 27 of the Employment Relations (Jersey) Law 2007.
Reason(s) for Decision: The Employment Relations Law provides that Regulations may be made under article 27 relating to the registration process for trade unions and employer associations. As the Employment Relations Law will come into force on 21 January 2007, it is essential that Regulations are in place in order to allow trade unions and employer associations to register with the minimum of bureaucracy. The Regulations will provide for application forms and certificates of registration, setting out what information must be supplied to the Registrar in order to register in accordance with the Law.
Resource Implications: There are no financial or manpower implications.
Action required: Kate Morel to submit instructions to the Law Draftsman’s Office.
Signature:		Position:
Date Signed:		Date of Decision (If different from Date Signed):

Employment Relations Law - Regulations relating to Registration.

DRAFTING INSTRUCTIONS FOR THE PREPARATION OF REGULATIONS TO BE MADE UNDER THE EMPLOYMENT RELATIONS (JERSEY) LAW 2007

The Employment Relations Law provides a framework for the establishment and administration of a 'register' of trade unions and employer associations. That framework was based closely on the Isle of Man Trade Unions Act 1991, as amended by the Trade Unions (Amendment) Act 1995.

The Employment Relations Law provides that the information required from a trade union or employers’ association in order to be registered must include:

the name of the trade union or association
the address of the trade union or employers’ association
the names of the officials or officers
a copy of the organisation’s constitution
and such other info as may be prescribed.

It must be noted that the administration and maintenance of Jersey’s Register is yet to be agreed, however it is envisaged that preparations could be made for the Regulations whilst awaiting a view from the Judicial Greffe.

It was always intended that a simple system of 'registration' would be provided so that exiting unions and associations could be registered almost automatically without onerous administration. Article 27 of the Law provides that Regulations may be made requiring additional information to be provided in order to register.

In the Isle of Man, the details of the Registration process are provided via the Trade Unions and Employers’ Associations Regulations 1992 (Government Circular No.108/92), as amended by the Trade Unions and Employers’ Associations (Amendment) Regulations 1994 (Statutory Document 260/94). The following sections relate to the sections of those Regulations.

Forms

If appropriate, it is considered preferable to simply refer to the forms in the Regulations, as in the Isle of Man, rather than provide any forms as schedules to the Regulations. It is envisaged that the same forms as the Isle of Man would be required;

the register
application for registration
certificate of registration
application for amendment of register
annual return

Contents of Register

The Regulations should provide that applications require a union or association to provide the following details in order to register:

Whether it is a branch of a union or association and, if so, the name and head office address of that trade union or employers’ association.
The trade, industry or occupation in which the union or association is engaged.
The date the union or association came into existence.
The number of known members in Jersey.

Whether accounts are made available to members of the union or association.

A copy of any procedures regarding balloting.

Application fees

A nominal amount for initial application and amendments to registration details may be required to cover the admin costs, depending on where the function of Registrar lies.

Allocation of number to union or association

Unions and Associations should be allocated a unique number.

Maintenance and inspection of register

The Registrar must retain all documents regarding applications for registration or amendment of the register, including the details supplied with the initial application for registration and annual returns, for ten years.

It is considered that the existing provisions for public inspection of the register provided in the Employment Relations Law are sufficient.

Amendment of certificate of registration

The Registrar will issue a new or amended certificate of registration if the name of a trade union or employers’ association is changed.

Annual Returns

As we do not intend to require that accounts are presented, the Regulations should require only that annual returns will be requested to notify the Registrar of any updates on the information previously provided, e.g. changes to the names of officials, to the rules of that union or association, or to the number of members in Jersey (updates on the number of members would only be required annually, not in every instance of a change in the number of members).

Penalties

It is not envisaged that any penalty will be included for a failure to register or to provide annual returns. Benefits are gained through registration.

In the Isle of Man, there is no financial penalty for a failure to register or to provide the information requested. The outcome is simply deregistration with no right of appeal; the union or association simply has to start the registration process again if it wishes. The Isle of Man Regulations do not specifically state this, presumably because it is not necessary to do so. If the Law Draftsman advises that deregistration must be specified as the outcome, a period of leeway after the expiry date for returns (e.g. 4 weeks) should be allowed.

Conclusion

To summarise, Regulations are anticipated to be required as follows:

27 Regulations

(1) The States may make Regulations for any of the following purposes –

(a) prescribing information for the purposes of paragraphs (3) and (4) of Article 8; A number of other minor matters, including a copy of balloting procedures and information regarding the availability of accounts to members.

(b) prescribing forms of application for the purposes of this Law; Yes

(c) prescribing application fees for the purposes of any of Articles 9(7), 11(5) and 13(3); Not anticipated, depending on who is the registrar

(d) prescribing the forms of certificates of registration of trade unions and employers’ associations, for the purposes of Article 10(3); Yes

(e) varying the amount for the time being specified in Article 21(1); No change required at this time

(f) requiring trade unions and employers’ associations to keep proper accounts of their financial transactions and their assets and liabilities; Not intended at this time

(g) prescribing procedures to be applied by unions and associations for the proper control of their accounting records, cash holdings and receipts and payments; Not intended at this time

(h) requiring unions and associations to have their accounts audited periodically; Not intended at this time

(i) prescribing qualifications for auditors for the purposes of this Law; Not intended at this time

(j) requiring unions and associations to deliver periodically to the registrar prescribed returns of information; Only of any changes to the information already required to be provided on registration.

(k) prescribing information to be provided, periodically or otherwise, by unions and associations to their members; not intended at this time

(l) providing for any other matters that may be prescribed under any other provision of this Law. Nothing at this time

(2) Regulations made under this Article may in the case of trade unions and employers’ associations also impose on any trustees of their property, in respect of such property, the same requirements as may be imposed on unions and associations under any of sub-paragraphs (f), (g), (h), (k) and (j) of paragraph (1). Not intended at this time

(3) Regulations made under this Article may provide that any contravention of a Regulation shall be an offence, and may provide that any such offence shall be punishable by a fine. May depend on which dept has responsibility for the function, but not intended at this time.