Social Security Tribunal: Appointment of Deputy Chairmen and re-appointment of panel members

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A decision made on 22 February 2016:

Decision Reference: MD-S-2016-0011
Decision Summary Title :	Recommendation for the appointment of the Social Security Tribunal’s Deputy Chairmen and the reappointment of Panel Members		Date of Decision Summary:	19 February 2016
Decision Summary	Head of Governance		Decision Summary:	Public
Type of Report: Oral or Written?	Written		Person Giving Oral Report:	NA
Written Report Title :	Proposition to recommend the appointment of the Social Security Tribunal’s Deputy Chairmen and the reappointment of Panel Members		Date of Written Report:	19 February 2016
Written Report:	Head of Governance		Written Report :	Public
Subject: Social Security Tribunal – Appointment of Deputy Chairmen and the reappointment Panel Members
Decision(s): The Minister approved a proposition for the appointment of the Social Security Tribunal Deputy Chairmen for a period of five years, and the reappointment of Panel Members for a period of four years, from the date of debate subject to States approval
Reason(s) for Decision: Constituted under Article 33A of the Social Security (Jersey) law 1974 the Social Security Tribunal hears appeals on a range of benefits under the Social Security Law, as well aspects of other legislation administered by the Social Security department such as the Income Support and Health Insurance Laws. Article 8 of the Social Security (Determination of Claims and Questions) (Jersey) Order 1974 (as amended) provides that members of the Tribunal are appointed by the States on the recommendation of the Minister after consultation with the Jersey Appointments Commission. Open recruitment was undertaken in respect of these positions, overseen by the Jersey Appointments Commission, and the Minister is satisfied that the individuals proposed have the appropriate qualifications and experience required to undertake these roles.
Resource Implications: There are no financial or manpower implications
Action required: Head of Governance to request the Greffier of the States to arrange for the Proposition to be lodged ‘au Greffe’ and to request a States debate on 22 March 2016
Signature:		Position: Minister
Date Signed:		Date of Decision (If different from Date Signed):

Social Security Tribunal: Appointment of Deputy Chairmen and re-appointment of panel members

PROPOSITION

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

to appoint, in accordance with Article 33A of the Social Security (Jersey) Law 1974, further to a process overseen by the Jersey Appointments Commission, the following persons as members of the Social Security Tribunal for the period stated against their name–

Advocate David Benest Deputy Chair 5 years

Advocate Wendy Lambert Deputy Chair 5 years

Advocate Bryan Ian Le Marquand Deputy Chair 5 years

Mr Alan Hall Panel Member 4 years

Mr Sam Le Breton Panel Member 4 years

Mr John Moulin Panel Member 4 years

MINISTER FOR SOCIAL SECURITY

REPORT

Background

Article 8 of the Social Security (Determination of Claims and Questions) (Jersey) Order 1974 (as amended) provides for the constitution of the Social Security Tribunal.

The Social Security Tribunal (SST) has been in place since 1974 and hears appeals on a range of benefits under the Social Security Law, as well aspects of other legislation administered by the Social Security department such as the Income Support and Health Insurance Laws.

The Tribunal will review all facts placed before it by the Appellant and the Minister for Social Security and may confirm, reverse or vary the decision made by the Department’s Determining Officers.

The constitution of the Social Security Tribunal comprises a Chairman, (or a Deputy Chairman) holding a qualification in law, and two lay members from a panel of up to 12 other members.

This report discusses the appointment of Deputy Chairmen and the reappointment of Panel Members.

Tribunals

The Minister is responsible for the constitution of three different Tribunal panels, the Social Security Medical Appeal Tribunal (SSMAT), The Social Security Tribunal (SST) and the Income Support Medical Appeal Tribunal (ISMAT). In consultation with the Judicial Greffe, who is responsible for the convening and administration of the Tribunals, the role of Chairman was developed across all three Tribunals to ensure consistency of process and decision-making and supporting the further development of a Tribunals Service. The same principle is being applied, as appropriate, to Deputy Chairmen and Panel members, ensuring a stronger pool available for each Tribunal.

Advocate Sarah Fitz was appointed as Chairman of the SST, ISMAT and SSMAT in December 2015.

Terms of appointment and re-appointment

The Social Security (Determination of Claims and Questions) (Jersey) Order 1974 (as amended) provides that members of the Tribunal are appointed by the States on the recommendation of the Minister after consultation with the Jersey Appointments Commission and in line with the Appointments’ Commission Code for Quangos and Tribunals [1].

The Minister therefore recommends the appointment of:

Advocate David Benest
Advocate Wendy Lambert
Advocate Bryan Ian Le Marquand

Each for a term of five years.

The Minister also recommends the reappointment of:

Mr Alan Hall
Mr Sam Le Breton
Mr John Moulin

Each for a term of four years, in line with current guidance.

The Minister is confident that all individuals proposed have the skills necessary to uphold the fairness and integrity of the tribunal system.

Members proposed for appointment

Deputy Chair of the Social Security Tribunal:

David Benest is an Advocate of the Royal Court of Jersey, with over 18 years’ legal experience having also practiced as an English Barrister between 1995 and 1999, he qualified as a Jersey Advocate in 1999.

David is the Managing Partner of the recently founded firm Benest Corbett Renouf and heads up its Insured Risks practice group. He conducts a broad range of litigation based work in addition to Managing Partner responsibilities, with wide experience of court work in personal injury and clinical negligence, contentious trusts and planning and construction matters.

Joining Bailhache Labesse (now Appleby Global) in 1997, he was appointed as a Partner of the firm in 2001, becoming Managing Partner of the Appleby Global Jersey Office in 2010, before establishing his own firm, David Benest Law, in April 2013.

David is currently Chairman of the Jersey Criminal Injuries Compensation Board (CICB) and sits on the Board of Examiners for the local professional examinations.

In October 2015, David was appointed to the Senior Lawyers Panel of La Chambre de Discipline of the Guernsey Bar.

Wendy Lambert is a Jersey qualified solicitor with over 25 years of experience in providing legal advice to Jersey businesses and individuals. Wendy has provided advice and training to clients in many areas of law, including employment law, business set-up and acquisitions, commercial and residential property, private client, corporate, insolvency and bankruptcy.

Wendy is Chair of Jersey Business Limited. A government-funded company supporting and advising businesses in all sections of industry in the Island.

She was Chair of the Employment Forum for a number of years, actively involved in the development of Employment Laws in the Island and a member of the Law Society working committee advising on the Control of Housing and Work Law.

Recently, Wendy joined Altair Partners Limited as a consultant to provide directorship services to Jersey companies in all sectors of industry.

(Bryan) Ian Le Marquand, qualified as an Advocate in March 1977 becoming a Partner of Le Marquand & Backhurst and remaining with the firm until 1988.

Ian was a relief Magistrate from 1987 to 1990 and also acted as a consultant to Olsen, Backhurst and Dorey during that time.

Ian was appointed Judicial Greffier in 1990, Master of the Royal Court in 1997 and Magistrate in 1999. From December 2008 to November 2014, Ian was elected as a Senator with responsibility as Minister for Home Affairs.

With almost 25 years of experience of the public sector in different roles, Ian is a very experienced judge and expert on Court procedures.

Panel Members of the Social Security Tribunal

Alan Hall, was Head of Internal Audit at Jersey Electricity Company (JEC) when he retired in 2007. His career at the JEC began in 1967 as an Accounts Clerk and he also worked in IT, Payroll and Accounts before moving to audit in 1980.

During this time, Alan also took on voluntary roles as a Trustee for the JEC Pension Fund and on his retirement he was appointed as a Committee member for the Jersey Electricity Pensioners Association, a position which he still currently holds.

Alan became a panel member for the Employment Tribunal in 2005, this tenure expiring after ten years in June 2015. As such he has significant experience as a tribunal member.

Samuel (Sam) Le Breton, was Head of the Police Support Unit when he retired from the Police service in 1997 with responsibility for contingency planning, press and public relations and police complaints and discipline.

Sam’s career with Jersey police began in 1964 and included time in areas such as Criminal Investigation and Training.

After retirement from the Police Force, Sam took on the role of a Director of the Jersey Mutual Insurance Society and is currently the Society’s Junior Vice President.

Sam has also been a member of the Employment Tribunal for the last five years giving him significant experience as a Tribunal Member.

John Moulin was Chief Ambulance Officer for 17 years, retiring in 2009 after a total of 29 years’ service which began as an ambulance technician. As the Chief, John undertook modernisation of the service, including a new employee/employer agreement matching the needs of the organisation to the professional expectations of the staff. This included many areas of joint working with other services and organisations, both public sector and voluntary.

In addition to his ambulance duties, John was president of the Jersey Civil Service Association, a voluntary post, for 6 years. During that time, he dealt with individuals experiencing health and/or work related difficulties. Covering all departments of the States created an understanding of the different policies and procedures of individual departments and their working practices, which in turn was vital in representing staff at all levels. Fairness, impartiality, objectivity and discretion were key features of the role.

[1] This code is currently under review