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.

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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
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A decision made 10 November 2009 regarding: P.175/2009 Amendment - States Employment Board functions.

Decision Reference: MD-C-2009-0086
Decision Summary Title :	Amendment to P175 / 2009		Date of Decision Summary:	10 November 2009
Decision Summary Author:	Head of Employee Relations		Decision Summary: Public or Exempt? (State clauses from Code of Practice booklet)	Public
Type of Report: Oral or Written?	Written		Person Giving Oral Report:	N/A
Written Report Title :	WR – Employment of States of Jersey Employees Law: Proposed changes (P175/2009) - amendment		Date of Written Report:	10 November 2009
Written Report Author:	Head of Employee Relations		Written Report : Public or Exempt? (State clauses from Code of Practice booklet)	Public
Subject: Amendment to P175 / 2009
Decision(s): The Chief Minister has decided to lodge an amendment to P175 / 2009 in relation to the composition of the States Employment Board and the voting procedures for the Board and the Jersey Appointments Commission.
Reason(s) for Decision: The Chief Minister is of the view that whilst changes to the composition of the States Employment Board may be desirable, the changes contained in the Proposition are inappropriate.
Resource Implications: None
Action required: Head of Employee Relations to forward the Amendment and accompanying report to the Greffier of the States as a matter of urgency.
Signature:		Position:
Date Signed:		Date of Decision (If different from Date Signed):

P.175/2009 Amendment - States Employment Board functions.

Employment of States of Jersey Employees Law:

proposed changes (P.175/2009) -amendment

In sub paragraph (a)(i), for the words “one other Minister” substitute the words “2 other Ministers or Assistant Ministers”, and for the words “and 2 elected members of the States who are neither Ministers nor Assistant Ministers elected by the States.” substitute the words “and 2 elected members of the States, who are not Ministers, to be nominated by the Chief Minister.”

Report

The States Employment Board performs the following functions on behalf of the Council of Ministers, as laid down in the Employment of States of Jersey Employees (Jersey) Law, 2005;

To determine policy relating to the employment of, and terms and conditions of employment of, States’ employees, other than procedures for the recruitment of States’ employees;

To ensure that the public service conducts itself with economy, efficiency, probity and effectiveness;

To ensure the health, welfare and safety of States’ employees;

To employ persons on behalf of the States and administrations of the States;

Negotiate or consult with States’ employees, or representatives of States’ employees, collective agreements on terms and conditions of service;

To determine training and development needs of States’ employees and appropriate procedures for appraisal and transfer;

To discipline, suspend or terminate the employment of States’ employees

To determine salaries, allowances, pensions and gratuities as required under the Departments of the Judiciary and Legislature (Jersey) Law, 1965;

to determine other matters that may reasonably be considered necessary for the proper administration and management of States’ employees

The Council of Ministers is opposed to parts (a) (i) and (a) (ii) of the proposition because, taken together, they could potentially result in no decisions being taken on what might be important staffing issues. The Proposition has a potential for deadlock in this respect.

However, the Council is in favour of altering the membership of the States

Employment Board such that it consists of the Chief Minister (or another member of the Council of Ministers nominated by the Chief Minister in his or her place), plus two other Ministers or Assistant Ministers, plus two elected members who are not Ministers.

This proposal would enable the Board to more readily reflect a balance of views among States Members and yet enable decisions to be made on a majority vote.

The Council is therefore asking the States to amend part (a) (i) accordingly and to reject part (a) (ii) as, in consequence, being unnecessary.

The Council also recommends that the States do not adopt part (a) (iii) of the Proposition. The Jersey Appointments Commission operates completely independently of the States Employment Board and sets its own procedures. Unlike the Board as currently constituted, it operates with five members.

Chief Minister