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Appointment of Commissioner to undertake review of the suspension process for the Chief Officer of States of Jersey Police

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.

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  • 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

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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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 13 April 2010 regarding: Appointment of Commissioner to undertake review of the suspension  process for the Chief Officer of States of Jersey Police.

Decision Reference:  MD-C-2010-0034

Decision Summary Title:

Appointment of Commissioner to undertake review of the suspension process for the Chief Officer of States of Jersey Police

Date of Decision Summary:

12 April 2010

Decision Summary Author:

Deputy Chief Executive

Decision Summary:

Public or Exempt?

Public

Type of Report:

Oral or Written?

Written

Person Giving

Oral Report:

 

Written Report

Title:

Appointment of Commissioner to investigate the suspension process for the Chief Officer of the States of Jersey Police

Date of Written Report:

12 April 2010

Written Report Author:

Deputy Chief Executive

Written Report :

Public or Exempt?

Public

Subject:  Appointment of Commissioner to undertake review of the suspension process for the

Chief Officer of States of Jersey Police

Decision(s):

The Chief Minister agreed to present a Report to the States providing details of the Commissioner appointed to undertake a Review of the Suspension Process for the Chief Officer of the States of Jersey Police

Reason(s) for Decision:

As part of its Comments to P9/2010, the Chief Minister agreed to report back to the States, the name and Curriculum Vitae of the Commissioner.

Resource Implications:  None

Action required:

To instruct the States Greffe to present the Report to the States Assembly.

Signature: 
 

Position: Senator T A Le Sueur, Chief Minister 

Date Signed:

Date of Decision:

Appointment of Commissioner to undertake review of the suspension process for the Chief Officer of States of Jersey Police

“R” 
 
 

Appointment of Commissioner to Investigate the Suspension Process for the Chief Officer of the States of Jersey Police  
 
 
 

When the States considered and rejected P9 – Committee of Inquiry:  Suspension of the Chief Officer of the States of Jersey Police, the Council of Ministers proposed an independent investigation as an alternative to the Committee of Inquiry as it felt that it would be a quicker and simpler process.  Also, the appointment of a specialist with a strong background in Employment Law would ensure that all elements of the suspension process would be fully investigated and reported on. 

The selection process was initiated through an approach to the Jersey Advisory and Conciliation Service (JACS) who were asked to identify specialists.  A list of nine experts was provided to the Chief Minister, all of whom are on the ACAS list of Arbitrators with experience in undertaking investigations of this nature. 

As part of the Council of Ministers Comments to P9, the Chief Minister advised States Members that he would invite Deputy Hill to be part of the selection process.  The Chief Minister and Deputy Hill reviewed the nine candidates and selected a short list of three who appeared to have relevant experience and a strong background in Employment Law.  Following approaches to two of the three experts, I am pleased to advise members that Mr. Brian Napier QC was offered and accepted the commission to undertake this review.   

Mr. Napier is an experienced Barrister who specialises in Employment and Discrimination Law.  Mr. Napier was also able to start the investigation immediately and following an initial meeting in Jersey on 25 March 2010, agreed the final Terms of Reference (copy attached) and also agreed to commence a review on 6 April 2010.  Mr Napier plans to complete his Review and submit his final report in early May. 

A copy of Mr. Napier’s CV is attached for information. 
 

 

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