Health Services Disciplinary Tribunal: Membership

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 June 2011:

Decision Reference: MD-S-2011-0039
Decision Summary Title :	DS - Health Services Disciplinary Tribunal		Date of Decision Summary:	31 May 2011
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 - Health Services Disciplinary Tribunal		Date of Written Report:	20 May 2011
Written Report Author:	Policy Principal		Written Report : Public or Exempt?	Public
Subject: Membership of the Health Services Disciplinary Tribunal
Decision(s): The Minister decided to present a proposition to the States to appoint the Tribunal Members from 1st August 2011 until 31st July 2014.
Reason(s) for Decision: The Health Services Disciplinary Tribunal is a Statutory Body within the Health Insurance legislation. Under the Health Insurance (Jersey) Law, 1967, the Social Security Minister has the power to take disciplinary action against any approved doctor or pharmacist whose conduct is believed to have a prejudicial effect on the administration and (or) created unreasonable cost to the Health Insurance Fund. If representation is made to the Minister regarding the conduct of a doctor or pharmacist then the matter is referred to the Tribunal. The members are appointed for a three year term; the Tribunal meets infrequently and has not met at all during the last period of office.
Resource Implications: There are no additional resource implications
Action required: Policy Principal to request the Greffier of the States to lodge the report and proposition for presentation to the States on the membership of the Tribunal (as detailed in the proposition) as soon as possible for debate at the meeting commencing 5th July 2011. .
Signature:		Position: Minister
Date Signed:		Date of Decision (If different from Date Signed):

Health Services Disciplinary Tribunal: Membership

Proposition

Constitution of the Health Service Disciplinary Tribunal

The States are asked to decide whether they are of the opinion –

To approve the appointment of the chair and deputy chair and a panel of three lay members, in accordance with the Health Insurance (Jersey) Law, 1967 to the Health Service Disciplinary Tribunal. The proposed panel members for a three year term are:

Advocate David Eldon Le Cornu – Chairman
Mr Conrad Coutanche - Deputy Chairman
Mr Colin Henry Letto – Lay Member
Mr Philip J.A. Le Claire – Lay Member
Mr Nigel Collier-Webb – Lay Member

Introduction

Under the Health Insurance (Jersey) Law, 1967, the Social Security Minister has the power to take disciplinary action against any approved General Practitioner or Pharmacist whose conduct is believed to have had a prejudicial effect on the administration of and/or created an unreasonable cost to, the Health Insurance Fund.

Role of the Tribunal

If representation is made to the Minister regarding the conduct of a General Practitioner or Pharmacist then the matter is referred to the Health Services Disciplinary Tribunal. If it upholds the complaint, the Tribunal can make recommendations to the Minister, either that approval is withdrawn, or where an unreasonable cost is proved, that an amount should be repaid to the Health Insurance Fund.

Constitution of the Tribunal

The Tribunal when constituted must consist of a Chairman, who is a lawyer of not less than five years standing, two members of the public and two members of an appropriate professional body. The Chairman and lay members are selected from a panel of members that is constituted by the States, and the professional members are selected from a panel that is constituted by the Minister. Terms of office are for three years and the Minister may pay members any reasonable expenses incurred.

The Tribunal has met only twice in the last 40 years and did not meet at all during the last term of office.

Appointment Commission Exemption

The Jersey Appointments Commission, recognising that the infrequent meeting of this Tribunal was disadvantageous to the recruitment and retention of public spirited members, granted an exemption to the requirements of the re-appointment rule as set by the Commission’s Code of Practice.

Chairman and Deputy Chairman

The States is asked to approve the appointment of the Chairman and Deputy Chairman, both of whom have indicated their willingness to continue for a further three year term of office -

Advocate David Eldon Le Cornu as Chairman of the Tribunal. Advocate Le Cornu was called to the English Bar in 1974, and the Jersey Bar shortly after in 1976. He was appointed as Crown Advocate in 1994 and as relief Magistrate in 1997.

Mr Conrad Coutanche as Deputy Chairman of the Tribunal. Mr Coutanche was a Senior Partner at Mourant, before his retirement from the firm in 2002.

Proposed Lay Members

The following lay members have indicated their willingness to continue for a further 3 year term of office:

Mr Colin Henry Letto - Mr Letto owns and runs his family business, Letto Jewellers.

Mr Philip J.A. Le Claire - Mr Le Claire has a longstanding career in the voluntary sector and is the current Executive Director of Jersey FOCUS on Mental Health Association and is an active member of the Jersey Scout Association.

Mr Nigel Collier-Webb - Mr Collier-Webb worked for the States of Jersey Police force for thirty years, and has since retired and taken up employment in a local publishing business.

The Minister will be asked in due course to approve the appointment of the professional members, which do not require States approval under the Health Insurance (Jersey) Law, 1967.

Resource Implications

There are no additional financial or manpower implications.

Recommendations

The States is asked to approve the appointment of the five proposed members to the Health Services Disciplinary Tribunal for three years, to be effective from 1st August 2011 to 31st July 2014.