Control of Housing and Work (Exemptions) (Amendment No. 3) (Jersey) Order 2019

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 3 April 2019:

Decision Reference: MD-C-2019-0042
Decision Summary Title:	Control of Housing and Work (Exemptions) (Amendment No. 3) (Jersey) Order 2019		Date of Decision Summary:	28 March 2019
Decision Summary Author:	Policy Principal, Strategic Policy, Performance and Population		Decision Summary: Public or Exempt?	Public
Type of Report: Oral or Written?	Written		Person Giving Oral Report:	N/A
Written Report Title:	Control of Housing and Work (Exemptions) (Amendment No. 3) (Jersey) Order 2019		Date of Written Report:	28 March 2019
Written Report Author:	Policy Principal, Strategic Policy, Performance and Population		Written Report : Public or Exempt?	Public
Subject: Control of Housing and Work (Exemptions) (Amendment No. 3) (Jersey) Order 2019
Decision(s): The Chief Minister, in pursuance of Article 27(3) and 44 of the Control of Housing and Work (Jersey) Law 2012, made the Control of Housing and Work (Exemptions) (Amendment No. 3) (Jersey) Order 2019.
Reason(s) for Decision: The Order will amend the Control of Housing and Work (Exemptions) (Amendment) (Jersey) Order 2013 by adding a further description of the individuals who may be disregarded for the purpose of registered permissions to include a person with registered status between the ages of 16 and 26 who is the child of a midwife, nurse or social worker, or who is the child of a co-habiting partner of a midwife, nurse or social worker. Subject to conditions, the employment of such a person will be disregarded for the purpose of determining the maximum number of registered persons who may work for an undertaking. The decision is to support the recruitment and retention of staff in specified professions – e.g. parents in sectors that experiencing recruitment and retention issues. Evidence suggests that an increasing number of people from outside the island, who have been offered employment in essential local service areas such as Children’s Social Services, are not accepting these offers due to the lack of certainty about the ability of their children (who are not in compulsory education) to gain suitable employment in Jersey. The amendment to the Order is intended to provide a solution to this issue.
Resource Implications: There are no resource implications arising from the Order.
Action required: Officers to notify the Greffier of the States and the Principal Legislative Drafter Office that the Order has been made so that it may be notified to the States, and forward the signed and sealed Order immediately to the States Greffe for publication.
Signature:		Position: Senator John Le Fondré, Chief Minister
Date Signed:		Date of Decision: