Control of Housing and Work (Residential and Employment Status (Jersey) Regulations 2013: Consideration of Application

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 3 October 2017:

MINISTERIAL DECISION REFERENCE: MD-C-2017-0128

DECISION SUMMARY TITLE: Application for residential and employment status under Regulation 2(1)(e) of the Control of Housing and Work (Residential and Employment Status) (Jersey) Regulations 2013

DECISION SUMMARY AUTHOR:

Director, Corporate Policy, Chief Minister’s Department

IS THE DECISION SUMMARY PUBLIC OR EXEMPT?

Public

REPORT TITLE: N/A

REPORT AUTHOR OR NAME OF PERSON GIVING REPORT:

N/A

IS THE REPORT PUBLIC OR EXEMPT?

N/A

DECISION AND REASON FOR THE DECISION:

The Assistant Chief Minister agreed to grant Entitled status under Regulation 2(1)(e) of the Control of Housing and Work (Residential and Employment Status) (Jersey) Regulations 2013 to Mr Charlie Parker as the new Chief Executive Officer of the States of Jersey, on social and economic grounds.

The States Employment Board requested this status to be granted following extensive recruitment and selection activities in line with the guidance of the Jersey Appointments Commission.

This request was made on an exceptional basis, noting the quality of Mr Parker as a candidate and having particular regard to the consistency of his track-record in delivering change within a number of substantial and relevant organisations.

The Assistant Chief Minister applied particular note to the incoming Chief Executive Officer’s commitment to the transformation of Jersey’s public sector to deliver high quality public services for the Island.

Due note was also given to the uniqueness and seniority of the role of Chief Executive Officer, the size and significance of the States of Jersey as an employer and the wider impact of the role on the Island’s economy and society.

In considering the request, the Assistant Chief Minister took into account the demands faced by the Island and the public sector to maintain services as our society ages, to successfully manage our public finances and to support our economy.

The Assistant Chief Minister also noted other pressures and challenges associated with the role (for example, Brexit and the substantial body of work highlighted in the report of the Independent Jersey Care Inquiry).

Residential status was granted on condition (and as requested by the States’ Employment Board) that the applicant remain in the role of Chief Executive for a minimum period of 5 years and that such status would only become unconditional on completion of 5 years of satisfactory performance in that role. Should that threshold not be reached, the status would be automatically revoked.

Performance would be deemed to be satisfactory provided Mr Parker’s contract of employment as Chief Executive was extant after 5 years and that no disciplinary proceedings were in train. In the event of disciplinary proceedings being in train, any final decision as to residential status would be deferred until such proceedings were concluded.

RESOURCE IMPLICATIONS:

None.

ACTION REQUIRED:

Letter to applicant to advise them of the outcome of the decision.

SIGNATURE:

POSITION:

Senator Paul Routier M.B.E.

Assistant Chief Minister

DATE SIGNED:

EFFECTIVE DATE OF THE DECISION: