Jersey Overseas Aid Commission: Re-Appointment of Non-States Commissioner (P.18/2025): comments

STATES OF JERSEY

JERSEY OVERSEAS AID COMMISSION: RE-APPOINTMENT OF NON-STATES COMMISSIONER (P.18/2025): COMMENTS

Presented to the States on 27th March 2025

by the Economic and International Affairs Scrutiny Panel

STATES GREFFE

2025  P.18 Com.

COMMENTS

The Proposition Jersey Overseas Aid Commission: Re-Appointment of Non-States Commissioner [P.18/2025] (hereafter referred to as the "Proposition") was lodged au Greffe on 3rd March 2025 by the Minister for International Development (the Minister) and is scheduled for debate at the States' sitting commencing on 1st April 2025. The Economic and International Affairs Scrutiny Panel (hereafter referred to as "the Panel") has formed these comments to aid in the Assembly's considerations, having received further information following written correspondence with the Minister.

If the Proposition is adopted, Therese Morel will be re-appointed as a Non-States Commissioner of the Jersey Overseas Aid Commission (the Commission) for a three- year period until April 2028. Membership of the Commission would therefore remain unchanged, with Non-States Commissioners appointments and terms are identified below:

The Chair, and typically the States Commissioners, are appointed following an election and in accordance with Standing Orders 120A and 126, with the appointments generally lasting for the duration of the associated political term. The current postholders are:

- Deputy C.F. Labey of Grouville , Chair

- Connétable P.B. Le Sueur of Trinity

- Deputy S.M. Ahier of St. Helier North

The Panel questioned the current vacancy in the post of Vice-Chair of the Commission and was informed by the Minister that:1

"The Commission has not yet made this appointment following the retirement of the previous Vice-Chair at the end of 2024. But we intend to do so in the coming  weeks  to  comply  with  Article  5.6  of  the  Jersey  Overseas  Aid Commission (Jersey) Law 2005."

The Panel also identified that the two of the three Non-States Commissioners tenures will reach the 9-year point following the completion of their current appointments. The Panel would highlight the Jersey Appointments Commission's Guidelines for the recruitment of Senior States Employees, appointees and members of independent bodies, which identify:  [2]

"States appointees and members of independent bodies should not normally be appointed for terms in excess of nine years. The period of nine years includes any term of office and periods of office in a shadow position. If there has been a break in the appointment, the break should normally exceed the period already served."

Accordingly the Panel has questioned the Minister on any succession planning that will be undertaken, and has been informed:

"The process will involve a structured approach to identifying and appointing suitable applicants in a timely manner, including an open recruitment process. In accordance with Article 7.3 of the Jersey Overseas Aid Commission (Jersey) Law 2005, the vacancy will be openly advertised and published in the Jersey Gazette, stating that the office has become vacant and inviting applications. For the most recent Non-States Commissioner appointment, this vacancy was advertised in the Jersey Gazette. It was also promoted through the Government of Jersey's advertising portal, the Institute of Directors (IoD), the Jersey Chamber of Commerce (via their website and membership communiqué), as well as on JOA's own website and social media channels. As with other Non- States Commissioner appointments this process was overseen by the Jersey Appointments Commission to ensure compliance with best practice."

As the report to Proposition identifies, Non-States Commissioners do not receive remuneration for fulfilling the role, with the Minister outlining in a public hearing with the Panel when questioned if the role of Commissioner attracts many applicants when advertised: [3]

"The commissioner is an honorary position. Unlike a lot of independent organisations that are funded by the States, my commissioners do not get paid, so less so. But that is not why they do it. Those that do it do it because they really want to. But both appointments are overseen by the Jersey Appointments Commission."

The Minister has confirmed that no recruitment process for the Non-States Commissioner position was undertaken following the agreement of Therese Morel to continue in the role: [4]

"As per Article 7.4 in the Jersey Overseas Aid Commission (Jersey) Law 2005, "if the office of a Non-States Commissioner becomes vacant because the term of the office has expired, the States shall, on the recommendation of the Chairman, appoint as a Non-States Commissioner a person who has nominated

himself or herself for appointment to office". As such, the decision was not to publicly advertise the role where a currently serving Commissioner wished to continue to serve and where Commissioners were content for them to do so."

Although the Panel would ordinarily expect the position to be advertised, to allow for those wishing to join the Commission to have the opportunity to do so, it acknowledges that reappointment of Therese Morel has been indicated as sensible due to the extensive experience  within  humanitarian  work  outlined  in  the  report  accompanying  the Proposition. The Panel is supportive of the re-appointment of Therese Morel , noting the end of tenure of the additional Non-States Commissioners in coming years and the need for sufficient experience of both the Commission and humanitarian work will prove valuable at that point. However, the Panel would expect that in the future roles should be openly advertised in order to allow those with an interest in serving as part of the Commission the opportunity to apply for the position.

Upon consideration the Panel noted that, unlike in other appointment propositions, the Minister had not included specific dates of the expiry of the reappointment of Therese Morel . The Panel questioned this point, and was informed by the Minister:5

"In previous appointments of Commissioners, no specific end date has been mentioned, and the approach has been to state the term duration rather than a fixed  date.  In  line  with  this  precedent,  P.18/2025  proposed  that  the  re- appointment runs "for a three-year period until April 2028" without specifying an exact date. This approach has worked seamlessly in the past, providing both the incoming and outgoing commissioners with flexibility during the handover process, this is essential given the roles are on a voluntary basis and not renumerated.  By  specifying  the  month  rather  than  exact  dates,  we  have successfully accommodated variations in States sittings without any issues."

The Panel acknowledges this approach was undertaken for the previous reappointment of Therese Morel as agreed by the Assembly, however not for Alister Calvery or Julia Yun Hulme . The Panel agrees that specifying a month of expiry of the term, rather than a specific date, is a sensible approach to enable the flexibility of the handover process in the future. The Panel, for good governance and Assembly awareness, would highlight that approval of the Proposition will allow the tenure of Therese Morel to continue until 30th April 2028.

The Panel agrees that the reappointment of Therese Morel would be in accordance with the Jersey Overseas Aid Commission (Jersey) Law 2005 and is in agreement with the Proposition, and would like to add its thanks for the service of Ms. Morel and the Non- States Commissioners.

Conclusion

The Panel is supportive of the proposition to reappoint Therese Morel as a Non-States Commissioner of the Jersey Overseas Aid Commission.

[2] JERSEY APPOINTMENTS COMMISSION Guidelines for the recruitment of Senior States Employees, appointees and members of independent bodies.

[3] Transcript - Quarterly Public Hearing with the Minister for International Development - 27 February 2025

[4] Letter - Minister for International Development to Economic and International Affairs Scrutiny Panel re P.18-2025 - 13 March 2025

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P.41/2024 Com.