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Health Service Disciplinary Tribunal: appointment of Chairman and Members.

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STATES OF JERSEY

HEALTH SERVICE DISCIPLINARY TRIBUNAL: APPOINTMENT OF CHAIRMAN AND MEMBERS

Lodged au Greffe on 7th June 2011 by the Minister for Social Security

STATES GREFFE

2011   Price code: A  P.111

PROPOSITION

THE STATES are asked to decide whether they are of opinion

to appoint, in accordance with the provisions of Schedule 2 to the Health Insurance (Jersey) Law 1967, the following persons as Chairman, Deputy Chairman and lay members of the Health Services Disciplinary Tribunal for a period of 3 years from 1st August 2011 –

Advocate David Eldon Le Cornu – Chairman Mr. Conrad Coutanche – Deputy Chairman Mr. Colin Henry Letto – Lay Member

Mr. Philip J.A. Le Claire – Lay Member

Mr. Nigel Collier-Webb – Lay Member.

MINISTER FOR SOCIAL SECURITY

REPORT

  1. Introduction

Under  the  Health  Insurance  (Jersey)  Law  1967,  the  Minister  for  Social Security  has  the  power  to  take  disciplinary  action  against  any  approved General Practitioner or Pharmacist whose conduct is believed to have had a prejudicial effect on the administration of and/or created an unreasonable cost to, the Health Insurance Fund.

  1. Role of the Tribunal

If representation is made to the Minister regarding the conduct of a General Practitioner or Pharmacist then the matter is referred to the Health Services Disciplinary Tribunal. If it upholds the complaint, the Tribunal can make recommendations to the Minister, either that approval is withdrawn, or where an unreasonable cost is proved, that an amount should be repaid to the Health Insurance Fund.

  1. Constitution of the Tribunal

The Tribunal when constituted must consist of a Chairman, who is a lawyer of not less than 5 years' standing, 2 members of the public and 2 members of an appropriate professional body. The Chairman and lay members are selected from a panel of members that is constituted by the States, and the professional members are selected from a panel that is constituted by the Minister. Terms of office are for 3 years and the Minister may pay members any reasonable expenses incurred.

The Tribunal has met only twice in the last 40 years and did not meet at all during the last term of office.

  1. Appointment Commission Exemption

The  Jersey  Appointments  Commission,  recognising  that  the  infrequent meeting of this Tribunal was disadvantageous to the recruitment and retention of public-spirited members, granted an exemption to the requirements of the re-appointment rule as set by the Commission's Code of Practice.

  1. Chairman and Deputy Chairman

The States is asked to approve the appointment of the Chairman and Deputy Chairman, both of whom have indicated their willingness to continue for a further 3 year term of office –

  • Advocate  David  Eldon  Le  Cornu  as  Chairman  of  the  Tribunal. Advocate Le Cornu was called to the English Bar in 1974, and the Jersey  Bar  shortly  after  in  1976.  He  was  appointed  as  Crown Advocate in 1994 and as relief Magistrate in 1997.

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P.111/2011

  • Mr.  Conrad  Coutanche  as   Deputy  Chairman  of  the  Tribunal. Mr. Coutanche was a Senior Partner at Mourant, before his retirement from the firm in 2002.
  1. Proposed Lay Members

The following lay members have indicated their willingness to continue for a further 3 year term of office:

Mr. Colin Henry Letto – Mr. Letto owns and runs his family business, Letto Jewellers.

Mr. Philip J.A. Le Claire – Mr. Le Claire has a longstanding career in the voluntary sector and is the current Executive Director of Jersey FOCUS on Mental  Health  Association  and  is  an  active  member  of  the  Jersey  Scout Association.

Mr. Nigel Collier-Webb – Mr. Collier-Webb worked for the States of Jersey Police Force for 30 years, and has since retired and taken up employment in a local publishing business.

The Minister will be asked in due course to approve the appointment of the professional members, which do not require States approval under the Health Insurance (Jersey) Law 1967.

  1. Financial and manpower implications

There are no additional financial or manpower implications for the States arising from this proposition.

  1. Recommendations

The States is asked to approve the appointment of the 5 proposed members to the Health Services Disciplinary Tribunal for 3 years, to be effective from 1st August 2011 to 31st July 2014.