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.

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 (25/05/2007) regarding: Employment Tribunal Member - Extension of Appointment.

Subject:	Employment Tribunal Member – Extension of Appointment
Decision Reference:	MD-S-2007-0038	Exempt clause(s):		public
Type of Report: (oral or written)	Written	Person Giving Report (if oral):		n/a
Telephone or e-mail Meeting?	n/a	Report File ref:		L:\General Information\Workgroups\Policy\Employment\Ministerial decisions\SD Hall Tribunal extension 14May07
Written report – Title	Employment Tribunal Member – Extension of Appointment
Written report – Author (name and job title)	Kate Morel, Policy Principal
Decision(s): The Minister decided to give effect to a five year extension to the term of Mr Alan Hall as a Side Member of the Jersey Employment Tribunal.
Reason(s) for decision: Mr Hall’s initial two year term as a Side Member of the Employment Tribunal ends on 30 June 2007. The Employment Tribunal (Jersey) Regulations, 2005 provide that members are entitled to extend their appointment for one additional term of their choice, up to a maximum of five years. Mr Hall has chosen a 5 year extension.
Action required: It is not necessary to request States approval of an additional term. The Minister to confirm in writing Mr Hall’s 5 year extension.
Signature: Senator P F Routier - Minister			Date of Decision: 25 May 2007

Employment Tribunal Member - Extension of Appointment.

EMPLOYMENT TRIBUNAL MEMBER – EXTENSION OF APPOINTMENT

Background

The Jersey Employment currently consists of 14 members; a Chairman, a Deputy Chair, six ‘employee’ Side Members and six ‘employer’ Side Members.

Initially, the tribunal appointments were approved by the States and offered on a staggered basis, varying between 1 and 5 years, to ensure that the terms of all those appointed did not expire on the same day, and to provide continuity in the composition of the Tribunal. The table below shows the members’ current terms of appointment.

Member	Term
Susan Armes	4 years
Mary Curtis	3 years
Kelly Flageul	3 years
Carol Harvey	5 years
Patrick Kirwan	5 years
Samuel Le Breton	5 years
David Le Quesne	5 years
James McCartan	4 years
William McPhee	1 year initially + 5 year extension
Stewart Mourant	5 years
Nicola Santos-Costa	5 years
Peter Woodward	4 years
Mr Alan Hall	2 years + 5 year extension tbc
Mr Timothy Langlois	3 years

The Regulations

The Employment Tribunal (Jersey) Regulations, 2005, provide that tribunal members are to be appointed by the States initially, but extensions to appointments do not require States approval. This statement has been prepared as a matter of good order to notify the States.

If a member chooses to take a second and final term, up to the maximum of five years, that member is entitled as a right to do so. This is in order to secure the tenure of persons appointed to offices in which their independence should be protected.

Extension of appointment

Mr Alan Hall has recently retired from his position as an Internal Auditor for the Jersey Electricity Company and has previously acted as Chairman and Secretary of the trade union Prospect. His first term on the tribunal is due to end on 30th June 2007 and he has chosen an additional term of 5 years.