Appointments made by the States - review of procedures

APPOINTMENTS MADE BY THE STATES: REVIEW OF PROCEDURES _______________

Lodged au Greffe on 5th June 2001

by Deputy R.G. Le Hérissier of St. Saviour

______________________________

STATES OF JERSEY

STATES GREFFE

180             2 0 0 1    P . 8 5          

Price code: B

PROPOSITION

THE STATES are asked to decide whether they are of opinion -

to re q u est the House Committee, in consultation with any other Committee involved, to review all current

procedures relating to appointments made by the States and to report to the States with recommendations for change including, if appropriate, the need for different procedures to be adopted for different types of appointment.

DEPUTY R.G. LE HERISSIER OF ST. SAVIOUR

Report

It has become apparent that the role played by the States, when exercising its role of directly making appointments is unsatisfactory.

As the Appendix demonstrates, the States is responsible for a wide range of appointments, some to individual positions and some to Boards and Commissions.

While it may, historically, have been the case that the States played a full role in terms of appointments such as the Treasurer and the Chief Officer of the States of Jersey Police, many members now feel that their role is essentially that of a "rubber stamp." At best they simply confirm a recommendation from the appropriate Committee.

There is also an assumption, frequently untested, that the States are ensuring that due process' was followed in seeking and recommending a candidate.

In the case of appointments to Boards and Commissions, it is conceivable that States members could put forward their own nominees.

Even this possibility is questioned. For example, in the recent case of the Jersey Financial Services Commission, the concern of the sponsoring' Committee was that a last minute' nominee would be sprung on the States and not necessarily meet the strict criteria laid down by the Finance and Economics Committee and the Commission.

Again, this raises the issue of whether the States can play a meaningful role in the process, as it is currently organised. Given that the States appear to be increasingly restricted in the exercise of their role, it is proposed that it be re-examined. This proposition has no implications for the financial or manpower resources of the States.

APPENDIX

APPOINTMENTS MADE BY THE STATES

Position Reason for States' involvement in

appointment

Agent of the Impôts Article 4(2) of the Customs and Excise (Jersey)

Law 1999

Comptroller of Income Tax Part III Article 6(2) of the Income Tax (Jersey)

Law 1961

Official Analyst Article 2(2) of Food and Drugs (Jersey) Law

1966

Chief Officer, States of Jersey Article 9 of the Police Force (Jersey) Law Police 1974

Greffier of the States Article 2(5) of the Departments of the

Judiciary and the Legislature (Jersey) Law 1965

Treasurer of the States Article 3 of the Public Finances

(Administration) (Jersey) Law 1967

OTHER APPOINTMENTS MADE BY THE STATES

Reason for States' involvement in appointment

Administrative Appeal Panel Article 5 of the Administrative Decisions members (Review) (Jersey) Law 1982

Agricultural Loans and Regulation 3(2) of the Agricultural (Loans) Guarantees Advisory Board (Jersey) Regulations 1974

Attendance Allowance Board Article 4 of the Attendance Allowances

(Jersey) Law 1973

Bailiff 's Consultative Panel Act of the States dated 7th July 1992 (three members to be

appointed by the States)

Commission Amicale Original members appointed by Act of the

States of 31st January 1995 - no other mechanism for appointment

Commissioners of Appeal for Article 10 of the Income Tax (Jersey) (Law) Income Tax 1961

Data Protection Tribunal Part II of the Second Schedule to the Data

Protection (Jersey) Law 1987

Ecology Fund (Chairman) Act of the States dated 25th April 1995 Family Allowances Tribunal Article 1 of the Family Allowances (Jersey)

Law 1972

Health and Safety Appeal Article 17 of the Health and Safety at Work Tribunal (Jersey) Law 1989, and the Health and Safety

at Work (Appeal Tribunal) (Jersey) Regulations 1989

Health Services Disciplinary Articles 1 and 36 of the Health Insurance Tribunal (Jersey) Law 1967

Industrial Disputes Tribunal Article 3A of the Industrial Disputes (Jersey) (Chairman and Deputy Law 1956

Chairman)

Industrial Disputes Officer Article 2 of the Industrial Disputes (Jersey) and Deputy Law 1956

Jersey Arts Trust (Chairman) Constitution of the Trust - would require the

approval of the Royal Court to change the Constitution as it is an incorporated body

Jersey Child Care Trust Constitution of the Trust - would require the (Chairman) approval of the Royal Court to change the

Constitution as it is an incorporated body

Jersey Competition Article 3(1)(a) of the Competition Regulatory Regulatory Authority Authority (Jersey) Law 2001

(Chairman)

Jersey Consumer Council Act of the States dated 25th April 1995 (Chairman)

Jersey Council for Safety and Act of the States dated 30th July 1991 Health at Work (Chairman)

Jersey Dental Scheme Board Article 5 of the Act of the States of 18th June of Management (Chairman) 1991 establishing a scheme to subsidise certain

dental care

Jersey Electricity Co Ltd Article 90 of the Articles of Association of the (States Directors) Company

Jersey Financial Services Article 3 of the Financial Services Commission Commission (Jersey) Law 1998

Jersey Heritage Trust Constitution of the Trust approved by the (Chairman) States on 25th May 1999

Jersey Law Commission Original members appointed by Act of the

States of 31st July 1996 - no other mechanism for appointment

Jersey New Waterworks Co Article 7(4) of the Articles of Association of Ltd (States Directors) the Company

Jersey Police Authority Act of the States dated 19th May 1998 (Chairman and two

independent members)

Westaway Trust Council