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Appointment of Clerk to the Commissioners of Appeal

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 (04.06.07) to agree to the appointment of Advocate Justin Clarke as Clerk to the Commissioners of Appeal.

Subject:

Appointment of Clerk to the Commissioners of Appeal.

Decision Reference:

MD-TR-2007-0065

Exempt clause(s):

N/A

Type of Report: (oral or written)

Written

Person Giving Report (if oral):

N/A

Telephone or

e-mail Meeting?

N/A

Report

File ref:

DLC/1/25/05/07

Written Report –

Title

Appointment of Clerk to the Commissioners of Appeal.

Written report - author

David Le Cuirot (Acting Deputy Comptroller of Income Tax)

Decision(s):

The Minister agreed to appoint Advocate Adam Justin Clarke as Clerk to the Commissioners of Appeal and instructed the Acting Deputy Comptroller of Income Tax to make the necessary arrangements for him to take up the position The Minister is empowered by the provisions of Article 10(5) of the Income Tax (Jersey) Law 1961 to make such an appointment.

Reason(s) for decision:

The current Clerk to the Commissioners of Appeal, Mr. Malcolm Le Boutillier from Messrs Le Gallais & Luce, has expressed a desire to retire from the position after 22 years of service. Advocate Adam Justin Clarke, also from Messrs Le Gallais & Luce, has confirmed that he would be willing to take up the position.

Action required:

Subject to the agreement of the Minister, the Acting Deputy Comptroller of Income Tax will make arrangements for Advocate Adam Justin Clarke to take the Oath of Office before the Royal Court in accordance with Article 11 of the Income Tax (Jersey) Law 1961.

Signature:

(Minister/ Assistant Minister)

Date of Decision:

4th June 2007

 

 

 

 

 

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