Employment Forum: Appointment of Members

Information about the publication of Ministerial Decisions

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 6 October 2017:

Decision Reference: MD-S-2017-0068
Decision Summary Title :	DS Employment Forum – reappoint members		Date of Decision Summary:	6 October 2017
Decision Summary Author:	Policy Principal		Decision Summary: Public or Exempt?	Public
Type of Report: Oral or Written?	Written		Person Giving Oral Report:	N/A
Written Report Title :	WR Employment Forum – re-appoint members		Date of Written Report:	6 October 2017
Written Report Author:	Policy Principal		Written Report: Public or Exempt?	Public
Subject: Employment Forum – re-appoint two members
Decision(s): The Minister decided to re-appoint Mrs Julie Fairclough and Mr Malcolm Ferey to the Employment Forum.
Reason(s) for Decision: Schedule 2 to the Employment (Jersey) Law 2003 requires that members of the Employment Forum must be appointed by the Minister for Social Security. Mrs Julie Fairclough has served for six years on the Forum and it was recommended that the Minister re-appoint her as an employer representative member for a further three year term. Mr Malcolm Ferey has served for six years on the Forum and it was recommended that the Minister re-appoint him as an independent member for a further three year term.
Resource Implications: There are no financial or manpower implications.
Action required: Policy Principal to advise the Forum members that they have been re-appointed. The Employment Law does not require that the States Assembly is notified.
Signature:		Position: Minister
Date Signed:		Date of Decision (If different from Date Signed):

Employment Forum: Appointment of Members

Employment Forum – RE-APPOINT MEMBERS

Background

The Employment (Jersey) Law 2003 (the ‘Employment Law’) provides that the Employment Forum (the ‘Forum’) consists of eight members and a Chairman who are appointed by the Minister for Social Security (the ‘Minister’). Members are appointed having regard to the desirability of securing an appropriate balance between members with experience as employers, members with experience as employees and members with other relevant experience.

Although the Employment Law does not set a maximum term of office for a Forum member, the Forum has proposed that, in accordance with the Jersey Appointments Commission guidelines for appointments to independent bodies [1], terms of office should be limited to a total of 9 years, other than in exceptional circumstances. It is vital to provide a balance between introducing new perspectives and skills, as well as providing some continuity amongst the membership with the retention of knowledge and experience.

The current members and their terms of office are as follows:

	Term of office end date
Independent
Helen Ruelle	30 November 2019
Malcolm Ferey	17 October 2017
Vacancy

Employer
Jeralie Pallot	31 May 2018
Thomas Quinlan	30 November 2019
Julie Fairclough	17 October 2017

Employee
Barbara Ward	30 November 2019
Dougie Gray	27 April 2019
Vacancy

The Forum intends to advertise and recruit early in 2018 before any new projects are started. Schedule 2, paragraph 4 of the Employment Law provides that the validity of the proceedings of the Forum are not affected by any vacancy among the Forum members.

Recommendation

It is recommended that the Minister re-appoints the following two members of the Forum;

Julie Fairclough

Mrs Julie Fairclough has served six years on the Forum and it is recommended that she be re-appointed for a further three year term. Julie is a Director and the Deputy Head of the Trust business at ZEDRA in Jersey. In this role she provides leadership to the Jersey business as well as managing a portfolio of high net worth trust clients. Julie is a qualified accountant and has successfully completed the Institute of Directors Diploma in Company Direction. She has managed small and large teams throughout her career, including previously as the Financial Controller for a large local retail franchise. Julie also sits on the Management Board of Citizens Advice Jersey in the role of Treasurer.

Malcolm Ferey

Mr Malcolm Ferey has served six years on the Forum and it is recommended that he be re-appointed for a further three year term. Malcolm is Chief Executive of Citizens Advice Jersey which is responsible for providing advice on a wide range of issues, including personal finances and discrimination related matters. Previously, Malcolm worked for the Social Security Department as the qualified Data Protection Officer and as a Compliance Inspector; a role which included surveying business for compliance with Social Security and employment legislation, including minimum wage investigations. Malcolm is a former Centenier for the Parish of St Helier and is currently a member of the Expert Group for the Jersey Access to Justice Review. Malcolm is also the Chair for the newly formed Health and Social Services Public and Patient Advisory Group.

[1]www.gov.je/Government/Departments/ChiefMinisters/ChiefMinistersSections/JerseyAppointmentsCommission/Pages/GuidelinesRecruitmentSeniorEmployeesAppointeesIndependents.aspx