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Jersey Competition and Regulatory Authority: Membership: Appointment

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 30 August 2013:

Decision Reference:  MD-E-2013-0080

Decision Summary Title :

Re-appointment of Dr Philip Marsden as Non-Executive Director, JCRA

Date of Decision Summary:

13/08/13

Decision Summary Author:

 

Strategic Development Officer

Decision Summary:

Public or Exempt?

(State clauses from Code of Practice booklet)

Public

Type of Report:

Oral or Written?

Written

Person Giving

Oral Report:

N/A

Written Report

Title :

Re-appointment of Dr Philip Marsden as Non-Executive Director

Date of Written Report:

13/08/13

Written Report Author:

Director of Regulatory Services

Written Report :

Public or Exempt?

(State clauses from Code of Practice booklet)

Public

Subject:

Jersey Competition & Regulatory Authority - membership

 

Decision(s):

The Minister re-appointed Dr Philip Marsden to the Board of JCRA under powers conferred by Article 3(1) (b) of the Competition and Regulatory Authority (Jersey) Law 2001.  The period of appointment is 1st September 2013 for a period of five years.  It will expire on 31st August 2018.  The Minister agreed to notify the States of the re-appointment in accordance with Article 3 of the Law.

Reason(s) for Decision:

The Minister must appoint members of the JCRA Board after having first discussed such appointment with the Chairman of the Authority.

Resource Implications:

The Authority is funded via licence fees and a grant from the department to administer the Competition Law. No additional funding or resources are required as a consequence of this decision.

Action required:

Report to be presented to the States Assembly to inform members of Dr Marsden’s re-appointment in accordance with Article 3 of the Law.

 

Inform the JCRA that the Minister is content to re-appoint Mr Marsden and request that they prepare the necessary paperwork.

Signature: Senator A.J.H.Maclean

 

 

Position: Minister

 

Date Signed:

 

 

Date of Decision (If different from Date Signed):

 

 

Hide report
Jersey Competition and Regulatory Authority: Membership: Appointment

 

Economic Development Report

Re-Appointment of Dr Philip Marsden as Non-Executive Director, JCRA under Article 3(1)(b) of the Competition and Regulatory Authority (Jersey) Law 2001.

 

Under Article 3(3) of the Competition Regulatory Authority (Jersey) Law 2001, the Minister for Economic Development is required to notify the States of appointments of members of the Jersey Competition and Regulatory Authority (JCRA).

 

Members will recall that Dr Philip Marsden was appointed by the Minister to be a Non-Executive Director of the JCRA in 2010.  He has subsequently been recommended to serve as Non-Executive Director for a further term of 5 years

 

A major achievement during his first term has been the effective merger of the Jersey and Guernsey regulatory bodies, now operating under the banner of the Channel Islands Competition and Regulatory Authorities (CICRA). There has been a direct cost saving to regulated businesses in Jersey of over £100,000 a year as a result of the merger, and because the Jersey and Guernsey authorities each have access to a wider range of resources and expertise, the merger has also produced a significant gain in efficiency and effectiveness.

 

Three years ago there was valid criticism of the JCRA in that it appeared to devote substantial resources to theoretical studies of international mergers that had little or no relevance to Jersey. Dr Marsden’s initial tenure has overseen a re-prioritisation of the JCRA’s work with respect to competition enforcement, away from dealing with such mergers and towards studies of local markets which are not operating in a way that provides maximum benefits to local consumers.

 

Market studies on road fuel and heating oil have produced positive outcomes for consumers, action has been taken to introduce extra competition in the provision of school uniforms (with consequent reductions in prices paid by parents and carers) and the Authority has published a report on the local taxi market that TTS is currently considering. The JCRA’s current work programme includes market studies on tobacco and groceries.

 

Dr Philip Marsden is a Non-executive Director on the Board of the Office of Fair Trading in London and Editor of the European Competition Journal..  A Canadian and English lawyer, he has practiced in Toronto, Tokyo and London, and worked as an official in the Canadian Competition Bureau. He has a particular interest in competition and consumer policy and is currently the Director and Senior Research Fellow at the British Institute of International and Comparative Law in London, with responsibility for its Competition Law Forum.

 

Dr Marsden chairs or advises various committees and has the following affiliations:

 

 

 

13th August 2013

 

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