Employment of States of Jersey Employees (Amendment No. 5) (Jersey) Regulations 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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 25 February 2010 regarding: Employment of States of Jersey Employees (Amendment No. 5) (Jersey) Regulations 201-.

Decision Reference: MD-C-2010-0019
Decision Summary Title :	Amendment No 5 – Employment of States of Jersey Employees (Jersey) Regulations		Date of Decision Summary:	16 February 2010
Decision Summary Author:	Head of Employment Relations		Decision Summary: Public or Exempt? (State clauses from Code of Practice booklet)	Public
Type of Report: Oral or Written?	Written		Person Giving Oral Report:
Written Report Title :	Employment of States of Jersey Employees (Amendment No 5) (Jersey) Regulations 201-		Date of Written Report:	4 February 2010
Written Report Author:	Head of Employment Relations		Written Report : Public or Exempt? (State clauses from Code of Practice booklet)	Public
Subject: Employment of States of Jersey Employees (Amendment No 5) (Jersey) Regulations 201- amendment
Decision(s): The Minister decided to lodge a draft amendment to the Regulations appertaining to the constitution of the States Employment Board and to voting arrangements for the Board and the Jersey Appointments Commission
Reason(s) for Decision: To give legal effect to the decisions made by the States in 2009 when adopting the amendment to P175/2009
Resource Implications: None
Action required: The Head of Employment Relations to ask the Greffier of the States to lodge the amendment at the earliest opportunity
Signature:		Position:
Date Signed:		Date of Decision (If different from Date Signed):

Employment of States of Jersey Employees (Amendment No. 5) (Jersey) Regulations 201-

Employment of States of Jersey Employees (Amend No 5) (Jersey) Regulations 200-

1. On 18 November, 2009, The States adopted an amended version of P175/2009, essentially relating to the constitution of The States Employment Board.

2. At present, the Board consists of at least three Ministers, one of whom would normally be the Chief Minister who chairs meetings.

3. The effect of The Amendment would change the constitution to consist of the Chief Minister, as Chairman, two Ministers or Assistant Ministers appointed by the Chief Minister; and two States members who are neither Ministers nor Assistant Ministers.

4. The attached draft Amendment seeks to give legal effect to the States decision. In order to ensure that the policies and activities of the Board remain part of Executive Government, whilst at the same time including a greater breadth of States opinion sought by the States, the Chief Minister has made two specific provisions:

(i) that the two elected members on the Board will be recommended to the States by himself;

(ii) that the quorum for a meeting of the Board will consist of at least two Ministers / Assistant Ministers, one of whom may be the Chief Minister himself.

5. Other provisions of the draft amendment simply reflect decisions of the States to remove the casting votes of the Chairman of the States Employment Board and the Chairman of the Jersey Appointments Commission.

6. There are no manpower and financial consequences resulting from this Amendment.

Employment of States of Jersey Employees (Amendment No. 5) (Jersey) Regulations 201-

Report

Explanatory Note

These Regulations amend provisions on the States Employment Board and the Jersey Appointments Commission, in the Employment of States of Jersey Employees (Jersey) Law 2005 (the “principal Law”).

Article 1 is the interpretation provision.

Article 2 amends the definition (in Article 1 of the principal Law) of a “member” of the States Employment Board, as a consequence of the introduction of a new category of member by Article 3.

Article 3 amends Article 5 of the principal Law on the composition of the States Employment Board. It removes the provision for “not less than 2 other members of the Council of Ministers who are appointed in writing by the Council of Ministers” to be members of the Board. It replaces that by providing for the Chief Minister to appoint (in writing) 2 Ministers or Assistant Ministers, and for the States to appoint, on the recommendation of the Chief Minister, 2 other elected members of the States who are not Ministers or Assistant Ministers.

Article 4 amends Article 6 of the principal Law, on meetings of the Board. It sets the quorum at 3 (because Article 5 of the principal Law is amended to set the number of members at 5). It requires the quorum to include at least 2 Ministers or Assistant Ministers (of whom one may be the Chief Minister). It also provides that a tied vote is lost (instead of a casting vote going to the person presiding).

Article 5 similarly provides for tied votes to be lost in meetings of the Jersey Appointments Commission (in Article 21 of the principal Law).

Article 6 gives the name of the Regulations and brings them into force 7 days after they are made.

Employment of States of Jersey Employees (Amendment No. 5) (Jersey) Regulations 201-

Arrangement

Regulation

Employment of States of Jersey Employees (Amendment No. 5) (Jersey) Regulations 201-

Made [date to be inserted]

Coming into force [date to be inserted]

THE STATES, in pursuance of Article 42 of the Employment of States of Jersey Employees (Jersey) Law 2005, have made the following Regulations –

1 Interpretation

In these Regulations, “principal Law” means the Employment of States of Jersey Employees (Jersey) Law 2005.

2 Article 1 amended

In Article 1 of the principal Law, for the definition “member” there shall be substituted the following definition –

“ ‘member’, in relation to the States Employment Board, means any of the persons who constitute the Board under Article 5;”.

3 Article 5 amended

In Article 5(1) of the principal Law, for sub-paragraphs (a) and (b) there shall be substituted the following sub-paragraphs –

“(a) the Chief Minister, or another Minister who is nominated by the Chief Minister to be a member of the Board in his or her place;

(b) 2 other persons, each of whom –

(i) is a Minister or an Assistant Minister, and

(ii) is appointed in writing by the Chief Minister to be a member of the Board; and

(i) is neither a Minister nor an Assistant Minister, and

(ii) is appointed by the States, on the recommendation of the Chief Minister, to be a member of the Board.”.

4 Article 6 amended

In Article 6 of the principal Law –

(a) for paragraph (1)(b) there shall be substituted the following sub-paragraph –

“(b) the quorum of the States Employment Board shall be constituted by 3 of its members, including at least 2 who are members under Article 5(1)(a) or (b);”;

(b) for paragraph (1)(f) there shall be substituted the following sub-paragraph –

“(f) if a vote is tied, it shall be taken to have been lost.”.

5 Article 21 amended

For Article 21(2)(f) of the principal Law there shall be substituted the following sub-paragraph –

“(f) if a vote is tied, it shall be taken to have been lost.”.

6 Citation and commencement

These Regulations may be cited as the Employment of States of Jersey Employees (Amendment No. 5) (Jersey) Regulations 201- and shall come into force 7 days after they are made.