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States of Jersey Complaints Panel: renewal of membership

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STATES OF JERSEY

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STATES OF JERSEY COMPLAINTS PANEL: RENEWAL OF MEMBERSHIP

 

Presented to the States on 9th August 2019 by the Privileges and Procedures Committee

 

STATES GREFFE

2019  R.102

REPORT

Background

In accordance with Article 5(2) of the Administrative Decisions (Review) (Jersey) Law 1982, the Privileges and Procedures Committee shall approve the re-appointment of Mr. Graeme George Marett as a member of the States of Jersey Complaints Panel, from whom members of Complaints Boards can be drawn, for a further period of 3 years.

In accordance with Article 2 of the States of Jersey (Appointment Procedures) (Jersey) Law 2018, the Committee is required to provide at least 2 weeks' notice before approving the appointment. The appointment will, therefore, be confirmed in 2 weeks from the date of this report.

The Complaints Panel system

The Complaints Panel is established under the Administrative Decisions (Review) (Jersey) Law 1982, and it enables any person who is aggrieved by a decision made by a Minister or department, or any person acting on behalf of any such Minister or department, to apply to the Greffier of the States to have the matter reviewed by a Complaints Board. Once a complaint is received, the Greffier seeks the response of the Minister or department concerned before referring the papers to the Chairman of the Complaints Panel, who decides whether or not the circumstances justify review by a Complaints Board. If the Chairman is conflicted, then the matter is referred for adjudication by one of the Deputy Chairmen. If the Chairman or Deputy Chairman considers that the circumstances justify a Board, before holding a hearing, they may first attempt informal resolution of the complaint, but if this is not appropriate or has failed, the matter is then referred to a Board and a hearing date is normally set for 6 weeks later. A Board of 3 members selected from the Complaints Panel is established to deal with the case. If the Board finds in favour of the complainant it can request the Minister or department concerned to reconsider the decision. Article 5(2) of the Law requires the States to appoint the members of the Complaints Panel.

Following the States Assembly's adoption of P.32/2018 Public Services Ombudsman: establishment of office' on 22nd March 2018, consultation is currently underway in relation to its implementation. However, until that role is formally established, the Complaints Panel will continue its work, hearing complaints from Islanders relating to matters of public administration. Two of the current 12 Panel members are stepping down at the end of their term of office. As the Panel's future is uncertain we have not undertaken  a  recruitment  drive  to  replace  them.  Things  will  be  clearer  after  the consultation on the Ombudsman proposals have concluded in the autumn, but in the meantime it is important for us to continue to have a pool of experienced members to hear complaints. The Committee is therefore delighted that Mr. Graeme Marett is willing to serve for a further 3-year term (or the Panel is disbanded if that is soonest).

The Committee is extremely grateful to the members who give many hours of their time on a totally honorary basis in relation to the work of the Panel, and very pleased that Mr. Marett has offered to serve for a further 3 years. His brief biographical details are set out in the attached Appendix.

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The Committee would like to pay particular tribute to Mr. Robert (Bob) Frederick Bonney, who is retiring from the Panel after 10 years' service and also to Mr. Patrick David McGrath, who has been a member of the Panel since 2012. The Committee recognises that they are extremely busy people in their own right, and have generously given their time freely to serve the community, for which the Committee is very grateful.

Financial and manpower implications

All members of the Complaints Panel serve in an honorary capacity, and there are no financial or manpower implications arising from this re-appointment.

R.102/2019

APPENDIX

Mr. Graeme George Marett

Mr. Marett attended De La Salle College and Highlands College, graduating in 1971 with  a  City  and  Guilds  of  London  Institute  Technological  Certificate  in Telecommunications. He subsequently gained a number of qualifications through the Open University (Bachelor of Arts, Bachelor of Science and Master of Engineering) as well  as  a  Post-Graduate  Certificate  in  Competition  Law  and  Economics  from Nottingham University. He worked in the telecommunications industry before running his own computer brokerage business and working as a computer consultant for a number of local businesses including Jersey Post and the Education Department. From 2002 to 2011 he was employed by the Jersey Competition Regulatory Authority as the case  officer  for  telecommunications,  and  was  involved  in  the  introduction  of competition to the mobile telephone market. Following his retirement, Mr. Marett continues to operate as a computer consultant. He has been a member of the Board since 2012.