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Office of the Financial Ombudsman (OFSO): appointment of Chairman.

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STATES OF JERSEY

OFFICE OF THE FINANCIAL OMBUDSMAN (OFSO): APPOINTMENT OF CHAIRMAN

Presented to the States on 5th August 2014 by the Minister for Economic Development

STATES GREFFE

2014   Price code: A  R.113

REPORT

  1. Background

On 1st April 2014, under Projet P.9/2014, the States approved the Financial Services Ombudsman (Jersey) Law 2014 (L.14/2014). The Law was sanctioned by Her Majesty in Council on 16th July 2014 and registered in the Royal Court on 25th July 2014.

Under Schedule 1, the Minister must, at least 2 weeks before appointing a Chairman, present to the States a notice of his intention to make the appointment.

  1. Notification to the States of the intention to appoint a Chairman

Following the conclusion of a recruitment exercise run in conjunction with the States of Guernsey and overseen by the Jersey Appointments Commission, the unanimous recommendation  of  the  Interview  Panel  was  to  appoint  Mr. David Thomas  as Chairman of the Office of the Financial Ombudsman (OFSO). The Minister is advised that  Mr. Thomas  will  provide  the  relevant  experience  and  strong  leadership  and oversight of the OFSO.

The  Interview  Panel  comprised  Mr. Ken Soar  (Chairman)  representing  the  Jersey Appointments  Commission,  Mr. Darren Scott  representing  the  Economic Development  Department,  States  of  Jersey,  and  Mr. Jason Moriarty  and Mr. Mat Desforges representing the Commerce and Employment Department of the States of Guernsey.

A summary CV for Mr. Thomas is attached at the Appendix to this Report.

  1. Conclusion

The  Minister  for  Economic  Development  will,  on  15th  August  2014,  appoint Mr. David Thomas  as  the  Chairman  of  the  OFSO  for  a  period  commencing  on 15th August 2014 and ending 3 years after the date of registration of the Guernsey equivalent of the Financial Services Ombudsman (Jersey) Law 2014, expected later this year. In the event of a delay, the total period will not exceed 5 years.

3

APPENDIX

MR. DAVID THOMAS SUMMARY CURRICULUM VITAE

Mr. David Thomas qualified as a lawyer in England and Wales (1969) and Ireland (1991).

He became: managing partner of a firm of lawyers with offices in Liverpool and London;  a  Council  member  of  The  Law  Society  (legal  regulator);  a  Committee member of the City of London Law Society; and President of the Liverpool Law Society.

In 1997 he was appointed as the UK Banking Ombudsman (a full-time post). In 1998 he became a member of the small steering group that designed the UK's unified statutory Financial Ombudsman Service, which acquired its legal powers in 2001.

On  establishment  of  the  Financial  Ombudsman  Service,  he  became  Principal Ombudsman. From 2009 to 2010 he was Chief Ombudsman. Following his scheduled retirement from the Service, he continued until 2014 as a part-time strategy adviser (and also led an efficiency review).

He is

a  non-executive  director  of  the  statutory  Legal  Ombudsman  (for  complaints against all types of lawyers in England and Wales) – which he helped to design;

a member of the Regulatory Board of the Association of Chartered Certified Accountants  (covering  154,000 accountants  in  the  UK  and  170 countries worldwide); and

a member of the steering committee (chairman 2011–12) of INFO: the worldwide International Network of Financial Ombudsmen.

He  has  acted  regularly  as  a  consultant  on  financial  ombudsmen  and  financial consumer protection – including for the World Bank, the European Commission, the OECD and the United States Agency for International Development. He has advised and/or given seminars in

Armenia,  Azerbaijan,  Belgium,  Bosnia and Herzegovina,  Brazil,  Bulgaria, Canada, China, Cyprus, Czech Republic, Denmark, Egypt, France, Ireland, Italy, Japan, Kazakhstan, Kyrgyz Republic, Latvia, Lithuania, Malta, Peru, Poland,  Portugal,  Russian Federation,  South Africa,  Slovenia,  Spain, Switzerland, Taiwan, Tajikistan, Thailand, Trinidad and Tobago, Ukraine and Uzbekistan.

R.113/2014

Additionally, he –

conducted  an  inquiry  (2013–14)  for  the  States  of  Jersey  into  an  alleged supervisory failure by the Jersey Financial Services Commission;

was a Council member (2006–14), and chairman of the Audit and Risk Committee (2009–14), of Queen Mary University of London (with a budget of £350 million);

was a member of the Audit Advisory Committee (2007–11) and then Independent Service  Delivery  Reviewer  (2011–14)  for  the   Scott ish  Public  Services Ombudsman;

was a founder member of FIN-NET (the European Union network of financial ombudsmen) and a member of its steering committee (2006–11); and

was  a  founder  member  (2001–09)  of  the  UK  Accountancy  and  Actuarial Discipline Board, previously the Accountancy Investigation and Discipline Board.