Government of Jersey

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 24 November 2009 regarding: Jersey Teachers' Superannuation Fund - Membership of the management board.

Decision reference: MD-C-2009-0091
Decision Summary Title :	Jersey Teacher’s Superannuation Fund Membership of the Management Board		Date of Decision Summary:	19 November 2009
Decision Summary Author:	Senior Human Resources Manager		Decision Summary: Public or Exempt? (State clauses from Code of Practice booklet)	Public
Type of Report: Oral or Written?	Written		Person Giving Oral Report:	N/A
Written Report Title :	Jersey Teachers’ Superannuation Fund Membership of the Management Board		Date of Written Report:	16/11/09
Written Report Author:	Senior Human Resources Manager		Written Report : Public or Exempt? (State clauses from Code of Practice booklet)	Public
Subject: Jersey Teachers’ Superannuation Fund Membership of the Management Board
Decision(s): The Chief Minister approved the following nominations to the Jersey Teachers’ Superannuation Fund Management Board to act as representatives for the Employer and Employees side. Employer Nominees Mr Tom McKeon (ESC) Mr Peter Robinson (ESC) Mr Mick Pinel (CMD) Mr Leslie Crapp (CMD) Mr Robin Harris (T&R) Mr Jason Turner (T&R) Employee Nominees Mr Terry Shaw (NASUWT) Mr Mike Oldham (NASUWT) Mr Gary Burton (NUT) Mr Rob Elvidge (UCU) Mr Robin Dupre (ATL) Mr Christopher Beirne (JAHT)
Reason(s) for Decision: Paragraph 3 of the Teachers’ Superannuation Fund (Administration) (Jersey) Order 2007 gives the Chief Minister, the Treasury and Resources Minister and the Education, Sport and Culture Minister the power to nominate two representatives from each Ministry to act for the Employers’ side. The Chief Minister also approves those nominees nominated by the representative bodies of the Employees side. The Chief Minister is recommended to approve the above persons who have the relevant experience to act in such a capacity as outlined in the attached report. It is the Chief Minister who is responsible for making Orders under the Law and for the administration of the Scheme. The current term of office for the Management Board finishes 31st December 2009.
Resource Implications: None
Action required: The Human Resources Manager is requested to notify the relevant stakeholders and appointees as necessary.
Signature:		Position:
Date Signed:		Date of Decision (If different from Date Signed):

Jersey Teachers' Superannuation Fund - Membership of the management board

CHIEF MINISTER

JERSEY TEACHERS’ SUPERANNUATION FUND

BOARD OF MANAGEMENT NOMINATIONS

Purpose of the Report

The Chief Minister is asked to approve the nominations to the Board of management of the Jersey Teachers’ Superannuation Fund.

Background

Paragraph 3 of the Teachers’ Superannuation (Administration) (Jersey) Order 2007 requires the following – that membership of the Board of Management consists of twelve representatives in total, two to be recommended by the Chief Minister, two by the Minister for Treasury and Resources, and two by the Minister for Education, Sport and Culture whilst the remaining six are nominated by the relevant teacher’s representative bodies.

The Chairman of the Board, Mr Ron Amy, was appointed by the Chief Minister in 2007, and holds office for the period agreed to by a majority of the member representatives and a majority of the employer representatives.

Comments

The following are nominees of the Chief Minister, the Treasury and Resources Minister, the Minister for Education, Sport and Culture and the relevant Teachers’ representative bodies who are recommended as members of the Management Board of the Jersey Teachers’ Superannuation Fund.

Employer Nominees

Mr Mick Pinel (CMD)

Mr Leslie Crapp (CMD)

Mr Robin Harris (T&R)

Mr Jason Turner (T&R)

Mr Tom McKeon (ESC)

Mr Peter Robinson (ESC)

Employee Nominees

Mr Terry Shaw (NASUWT)

Mr Mike Oldham (NASUWT)

Mr Gary Burton (NUT)

Mr Rob Eldridge (UCU)

Mr Robin Dupre (ATL)

Mr Christopher Beirne (JAHT)

Mr Mick Pinel – Mr Pinel is the Head of Employee Relations within the Chief Minister’s Department. He has extensive experience working in various roles within the States of Jersey since 1980, especially within the Human Resources field. Mr Pinel is also a member of the Committee of Management of the Public Employees Contributory Retirement Scheme (PECRS). Mr Pinel was first appointed to the JTSF Management Board in 2007.

Mr Leslie Crapp - Mr Crapp is a Chartered Accountant and was Channel Islands Managing Partner of Coopers Lybrand from 1978 to 1990 when he retired from practice. As well as his professional experience in the finance sector he has undertaken a variety of community and voluntary service for organisations including Family Nursing and Home Care (Treasurer and Chairman), Save the Children Jersey Branch (founder member, Committee member and Treasurer), FCJ Primary School (Governor), and the Société Jersiaise (Treasurer). In addition he has served in various honorary positions for Highlands College, was a member of the Rent Control Tribunal from 1990 to 1995 and the first Chairman of the Rates Appeal Board from 1995 to 2005. For 15 years until November 2006, Mr. Crapp was Honorary Executive Officer of the Overseas Aid Committee and in this capacity gave tirelessly of his time on behalf of successive Committees. Mr Crapp was first appointed to the JTSF Management Board in 2007.

Mr Robin Harris – Mr Harris has extensive financial, accounting and investment experience working in various roles within the States of Jersey between 1970-2003, culminating in the post of Deputy Treasurer of the States. He is a Fellow of the Chartered Association of Certified Accountants and a Fellow of the Chartered Institute of Management Accountants. Mr Harris was first appointed to the JTSF Management Board in 2007.

Mr Jason Turner – Mr Turner is currently Deputy Treasurer of the States and has worked for the States since 2000, previously holding senior finance posts within the Department of Health and Social Services. He is a member of the Chartered Institute of Management Accountants. Mr Turner was first appointed to the JTSF Management Board in 2007.

Mr Tom McKeon – Mr McKeon has held the post of Director of Education, Sport and Culture for 10 years, prior to which he was Assistant Director (Schools and Colleges) from 1992 to 1997. His earlier career was in schools in the United Kingdom, followed by two headships in the Island. Mr McKeon was first appointed to the JTSF Management Board in 2007.

Mr Peter Robinson – Mr Robinson is currently Assistant Director – Finance in the Department of Education, Sport and Culture. He has

worked in the States since 1990 and has previously held senior finance posts within the Departments for Home Affairs and Treasury and Resources. He is a member of the Chartered Association of Certified Accountants. Mr Robinson was first appointed to the JTSF Management Board in 2007.

Mr Terry Shaw - Teacher at Beaulieu School nominated by the National Association of Schoolmasters Union of Women Teachers (NASUWT). Mr Shaw was first appointed to the JTSF Management Board in 2007.

Mr Mike Oldham – Teacher at Haute Vallee nominated by the National Association of Schoolmasters Union of Women Teachers (NASUWT). Mr Oldham was first appointed to the JTSF Management Board in 2007.

Mr Gary Burton – Teacher at Victoria College nominated by the National Union of Teachers (NUT). Mr Burton was first appointed to the JTSF Management Board in 2007.

Mr Rob Eldridge – Lecturer in Information Technology nominated by THE University and College Union (UCU). Mr Eldridge was first appointed to the JTSF Management Board in 2007.

Mr Robin Dupre – Teacher at Hautlieu School nominated by the Association of Teachers and Lecturers (ATL). Mr Dupre was first appointed to the JTSF Management Board in 2007.

Mr Christopher Beirne – Headmaster of Beaulieu School nominated by the Jersey Association of Headteachers (JAHT). Mr Beirne was first appointed to the JTSF Management Board in 2007.

The Chief Minister recently asked the Comptroller and Auditor General whether it is wise to appoint the Treasurer of the States to the PECRS Committee of Management and his response is as below:-

“The growing practice in pension funds on the mainland is for the Finance Director of the sponsoring employer to be regarded as inappropriately conflicted for him to be a trustee of a pension fund. The reason is that the Financial Director has responsibility for the financial affairs of the employer which may well conflict with the interests of the trust and scheme members. This has become more important in recent years as the significance of scheme under-funding and its materiality to sponsoring employers has grown.

In the case of the States and PECRS, the question is more complicated.

PECRS is a fund of the States (i.e. not independent of the Stares) and is in this sense a part of the Treasurer’s responsibility. This would lead one to accept the Treasurer as a member of the Committee of Management.

However, I think it is clear that the Treasurer’s responsibility for the financial affairs of the States could well be at odds with the duty of members of the Committee of Management to act as quasi-trustees in managing the fund. For example, I think it is easy to see circumstances in which the States may take a view of investment policy which is inappropriate for the fund (e.g. the States may want a riskier investment policy to maximise the chance of long term capital growth while trustees may want to adopt a more cautious approach.

On this basis, I would be inclined to doubt the wisdom of the Treasurer being a member of the Committee of Management.”

As a result of this advice the States Treasurer was reappointed to the PECRS Committee of Management for a one year term only.

A similar situation clearly applies to the Deputy Treasurer of the States and his role as a member of the JTSF Management Board. As a consequence the Deputy Treasurer of the States will only be reappointed to the JTSF Management Board for a one year term until the Treasury and Resources Minister can recommend a replacement.

Recommendation

That the Chief Minister agrees that the twelve nominees identified above have the requisite experience, skills and background to act in the capacity of representatives on the Jersey Teachers’ Superannuation Fund Board of Management and approves their nominations accordingly.

Chief Minister’s Department

MB/SHRM/NOV/09