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Age Discrimination Legislation: Consultation Responses

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 8 April 2016:

Decision Reference: MD-S-2016-0021

Decision Summary Title :

Age discrimination consultation outcomes - Report to States

Date of Decision Summary:

7 April 2016

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 :

Age Discrimination Consultation - Summary of responses

Date of Written Report:

7 April 2016

Written Report Author:

Policy Principal

Written Report :

Public or Exempt?

 

Public

Subject:  Law to protect against Age Discrimination – Present summary of consultation responses as a Report to the States Assembly.

Decision(s): In accordance with States’ best practice, the Minister decided to present a summary of the responses to the consultation paper - ‘Law to protect against Age Discrimination’ - as a Report to the States Assembly.

Reason(s) for Decision: Best practice for States’ consultations requires that the States Assembly is provided with a summary of the responses to States consultations. During the period 21 December 2015 to 26 February 2016, the Minister consulted on draft Regulations that would introduce protection against discrimination on grounds of age under the Discrimination (Jersey) Law 2013. Stakeholders were invited to give their views on the general approach and the proposed exceptions, as set out in the draft Regulations. The consultation paper was widely circulated and a good response was received.  

 

The Minister has considered the comments and is satisfied that the proposals were, in general, supported by respondents. A number of changes will be made to the draft Regulations, including a change to the policy for the retirement age exception and to provide a general justification defence for direct age discrimination.               The draft Discrimination (Age) (Jersey) Regulations 201- will be lodged on 12 April for States debate on 24 May 2016. The Minister intends that, subject to the States Assembly approving the Regulations, protection against age discrimination will be available from 1 September 2016.

Resource Implications: None

Action required:  Policy Principal to request the Greffier of the States to present the summary of consultation responses as a Report to the States on 12 April 2016 to tie in with the lodging of the draft Discrimination (Age) (Jersey) Regulations 201-. Policy Principal to make arrangements for the report to be circulated to stakeholders and placed on the States website on 12 April 2016.

Signature:

 

 

Position:

Minister

Date Signed:

 

Date of Decision (If different from Date Signed):

 

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