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Financial Services Commission: Extension of the terms of Commissioners Appointments

A formal published “Ministerial Decision” is required as a record of the decision of a Minister (or an Assistant Minister where they have delegated authority) as they exercise their responsibilities and powers.

Ministers are elected by the States Assembly and have legal responsibilities and powers as “corporation sole” under the States of Jersey Law 2005 by virtue of their office and in their areas of responsibility, including entering into agreements, and under any legislation conferring on them powers.

An accurate record of “Ministerial Decisions” is vital to effective governance, including:

  • demonstrating that good governance, and clear lines of accountability and authority, are in place around decisions-making – including the reasons and basis on which a decision is made, and the action required to implement a decision

  • providing a record of decisions and actions that will be available for examination by States Members, and Panels and Committees of the States Assembly; the public, organisations, and the media; and as a historical record and point of reference for the conduct of public affairs

Ministers are individually accountable to the States Assembly, including for the actions of the departments and agencies which discharge their responsibilities.

The Freedom of Information Law (Jersey) Law 2011 is used as a guide when determining what information is be published. While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.

A decision made on 28 July 2011:

Decision Reference:  MD-E-2011-0118

Decision Summary Title:

Extending the appointment of certain Commissioners of the Jersey Financial Services Commission

Date of Decision Summary:

25 July 2011

Decision Summary Author:

Assistant, Finance Industry Development

Decision Summary:

Public or Exempt?

Public

Type of Report:

Oral or Written?

Written

Person Giving

Oral Report:

N/A

Written Report

Title:

Biographies of existing first term Commissioners of the Jersey Financial Services Commission

Date of Written Report:

25 July 2011

Written Report Author:

Assistant, Finance Industry Development

Written Report :

Public or Exempt?

Public

Subject:

To extend from 3 to 5 years the appointment term of those Commissioners of the Jersey Financial Services Commission (named below) who are currently serving the first term of their appointment.

 

Decision(s):

The Minister agreed to lodge the proposition and directed that the documents be lodged au Greffe so as to allow the proposition to be debated in camera by the States at the earliest opportunity.

 

Reason(s) for Decision:

Sub-paragraph (2A) to paragraph 1 of Part 2 of Schedule 1 to the Financial Services Commission (Jersey) Law 1998, allows the States to extend the appointment, from 3 to 5 years, of any Commissioner who was appointed (or reappointed) for a period of less than 5 years.

 

All of the Commissioners listed below are currently still in their first term and were appointed for 3 years.  The list also shows the date of termination of their current appointment and what this would be if their terms were extended from 3 years to 5 years in accordance with the proposal.

 

Name Current termination dateProposed termination date

Advocate Deborah Jane Lang née Nance 29 Nov 2011 29 Nov 2013

Mr John Frederick Mills, CBE 22 Oct 2012 20 Oct 2014

Mr Louis Philip Chetwynd Taylor 22 Oct 2012 20 Oct 2014

Lord Eatwell of Stratton St Margaret 20 Apr 2013 20 Apr 2015

Advocate Cyril Edward Whelan 27 May 2013 27 May 2015

Mr Markus Hardy Ruetimann 14 Sep 2013 14 Sep 2015

 

The Commission has recommended to the Minister that the terms of the identified Commissioners be extended to allow a more orderly approach to the continuity of experience within the Board, whilst being consistent with the JAC’s Code of Practice in relation to the length of appointments.

 

In accordance with the provisions in sub-paragraph (2B) to paragraph 1 of Part 2 of Schedule 1 to the Financial Services Commission (Jersey) Law 1998, the States shall debate the extension of the Commissioners’ terms in camera.

 

Resource Implications:

 

The proposition will not have any effect on the financial or manpower resources of the States of Jersey.

 

Action required:

 

To make the proposition and for the documents to be lodged au Greffe so as to allow the proposition to be debated by the States in camera at the earliest opportunity.

 

Signature:

 

 

Senator AJH Maclean

Position:

 

 

Minister for Economic Development

Date Signed:

 

 

Date of Decision:

 

 

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