Social Security (Amendment No.20) (Jersey) Law 2012 (Appointed Day) Act 201-

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 on 7 September 2012:

Decision Reference: MD-S-2012-0071
Decision Summary Title :	DS Insolvency Lodge Appointed Day Act		Date of Decision Summary:	4 September 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 Insolvency Lodge Appointed Day Act		Date of Written Report:	4 September 2012
Written Report Author:	Policy Principal		Written Report : Public or Exempt?	Public
Subject: Social Security (Amendment No. 20) (Jersey) Law 2012 (Appointed Day) Act 201-.
Decision(s): The Minister decided to lodge ‘au Greffe’ for States debate an Appointed Day Act that would bring into force the Social Security (Amendment No. 20) (Jersey) Law, 2012, on 1 December 2012.
Reason(s) for Decision: The Social Security (Amendment No. 20) (Jersey) Law, 2012 will introduce an insolvency benefit to provide a reasonable proportion of amounts owed to employees whose employment has ended due to their former employer’s bankruptcy. Four components of benefit will be available to claim; unpaid wages, holiday pay, statutory notice pay, and statutory redundancy pay. The benefit will replace the non-statutory temporary insolvency scheme that provides compensatory payments in lieu of statutory notice (established by the Social Security Minister under R.44/2009, as extended by P.67/2009 and R.74/2011).
Resource Implications: There are no financial or manpower implications. In the short term, the benefit will be funded from Social Security Fund resources.
Action required: Policy Principal to request the Greffier of the States to lodge ‘au Greffe’ the above-mentioned projet by 11 September and to list it for States debate on 9 October 2012.
Signature:		Position: Minister
Date Signed:		Date of Decision (If different from Date Signed):