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Health and Safety Appeal Tribunal: Appointment of Chair and Deputy Chair

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 22 September 2022

Decision Reference:  MD-SOSEC-2022-585

Public

Subject: Health and Safety Appeal Tribunal: Appointment of Chair and Deputy Chair

 

Report Title: Health and Safety Appeal Tribunal: Appointment of Chair and Deputy Chair

Public

Decision(s):

The Minister for Social Security decided to recommend to the States Assembly the appointment of Advocate Cyril Whelan as Chair and Advocate Niall MacDonald as Deputy Chair of the Health and Safety Appeal Tribunal.

Reason for Decision(s):

Article 17 of the Health and Safety at Work (Jersey) Law, 1989, allows for the establishment of an appeal tribunal to determine appeals against administrative sanctions, Prohibition and Improvement Notices, served by Health and Safety Inspectors, and decisions by the Minister on licensing provisions under the Law.   The Health and Safety at Work (Appeal Tribunal) (Jersey) Regulations, 1989, set out the arrangements for the Tribunal, including the appointment of members for a three-year period of office.  Regulation 2(2) provides for the Tribunal to consist of 4 members: a chairman and deputy chairman who both must be advocates or solicitors of the Royal Court of at least 7 years standing, and two other members. The Regulations require for the Chairman and Deputy Chairman to be appointed by the States.

Resource Implications: The Chair and Deputy Chair are paid an annual retainer of £350 and £250 respectively. In addition, there is a remuneration daily rate of £300 for both the Chair and Deputy Chair.

 

Action Required: The Greffier of the States was requested to make the necessary arrangements for the report and proposition to be lodged "au Greffe".

Signature:

 

 

Signed By: Minister for Social Security

Date Signed:

 

 

Date of Decision (If different from Date Signed):

 

 

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