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STATES OF JERSEY
PUBLIC HOLIDAYS FALLING AT THE WEEKEND: REVIEW
Lodged au Greffe on 23rd February 2010 by Deputy R.G. Le Hérissier of St. Saviour
STATES GREFFE
2010 Price code: A P.19
PROPOSITION
THE STATES are asked to decide whether they are of opinion
to request the Chief Minister to review the current provisions in relation to public holidays that fall at the weekend and bring forward for approval, within 6 months, amendments to the Public Holidays and Bank Holidays (Jersey) Act 1952 to make permanent provision to grant alternative days as appropriate for these days.
DEPUTY R.G. LE HÉRISSIER OF ST. SAVIOUR
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P.19/2010
REPORT
The recent spectacle of the States trying to fix alternative arrangements for public holidays has not been edifying. I appreciate there are technical issues in making arrangements when such days fall on a weekend, particularly Saturdays. The resolution of the issue is also beset by fears of the costs. However, there are no arguments when such days fall between Monday and Friday but, it seems, weekend alternatives are seen as an opportunity for cost savings. Furthermore, public sector employees are contractually covered and, unless we sort this out, there is a danger of creating a division between the public and private sectors. The 6 month grace period gives us a chance to work on the technical issues and to consult as necessary.
The current position in relation to the permanent' arrangements for public holidays is set out in the Schedule to the Public Holidays and Bank Holidays (Jersey) Act 1952 as follows (in this context week day' means Monday to Saturday inclusive) –
DAYS TO BE OBSERVED AS PUBLIC HOLIDAYS
New Year's Day, if a week day.
2nd January, if New Year's Day falls on a Sunday.
3rd January, if New Year's Day falls on a Saturday.
Easter Monday.
The first Monday in May.
9th May, if a week day.
The last Monday in May.
The last Monday in August.
26th December, if a week day.
27th December, if either Christmas Day or 26th December falls on a Sunday. 28th December, if Christmas Day falls on a Saturday.
NOTES
- In addition to the days mentioned in the Schedule to this Act, Sundays, Good Friday and Christmas Day are, by customary law, observed as general holidays.
- Under Article 2(2) of the Public Holidays and Bank Holidays (Jersey) Law 1951 every day appointed to be observed as a public holiday is also to be observed as a bank holiday unless provision is otherwise made.
As can be seen, there are anomalies in the current provisions. If 1st January falls on a Saturday, Monday 3rd January is automatically given as an extra public holiday, whereas there is no permanent provision for an extra day or a transfer of the public holiday in relation to 26th December when that day falls on a Saturday.
Financial and manpower implications
The review should be undertaken in house' within existing resources. In relation to the transfer of holidays the costs are neutral for the public sector, as stated by the Minister for Treasury and Resources, insofar as they are a fixed item of the budget each year based on the standard 9 public holidays.
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