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A decision made (03/04/2008) regarding: Re-appointment of Members - Health and Safety at Work Appeal Tribunal

Decision Reference: MD-S-2008-0022
Decision Summary Title :	Health and Safety at Work Appeal Tribunal 3/17/2		Date of Decision Summary:	10th March 2008
Decision Summary Author:	Janice Waddell Director of Compliance and Governance		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 :	Reappointment of members to the Health and Safety Appeal Tribunal		Date of Written Report:	10th March 2008
Written Report Author:	Janice Waddell Director of Compliance and Governance		Written Report : Public or Exempt? (State clauses from Code of Practice booklet)	Public
Subject: The reappointment of members to the Health and Safety Appeal Tribunal
Decision(s): The Minister approved a report and proposition to the States recommending the reappointment of Advocate C M B Thacker as Chairman, Mr P W Syvret as Deputy Chairman and Dr G Llewellin as a member, to serve on the Health and Safety Appeal Tribunal for a further three year term of office, commencing on the 1st May 2008.
Reason(s) for Decision: The requirement for the appointment, by the States, of members to the Health and Safety Appeal Tribunal to replace the existing members whose term of office expires on the 30th April 2008
Resource Implications: There are no implications for the financial or manpower resources of the States
Action required: Request the Greffe to arrange for the report and proposition to be lodged ‘au Greffe’ for consideration by the States on 29th April 2008.
Signature:		Position:
Date Signed:		Date of Decision (If different from Date Signed):

Re-appointment of Members - Health and Safety at Work Appeal Tribunal.

REAppointment of members to the Health and Safety Appeal Tribunal

1. SUMMARY

The terms of office of three members of the Health and Safety Appeal Tribunal, including the chairman and deputy chairman, expire on the 30th April 2008. Appointments to the Tribunal are made by the States on a proposition of the Minister.

The Minister is asked to recommend the reappointment of the three existing members for a further three year term of office.

2. BACKGROUND

Health and Safety Appeal Tribunal

Article 17 of the Health and Safety at Work (Jersey) Law, 1989, allows for the establishment of an appeal tribunal to determine appeals against administrative sanctions, Prohibition and Improvement Notices, served by Health and Safety Inspectors, and decisions by the Minister on licensing provisions under the Law.

The Health and Safety at Work (Appeal Tribunal) (Jersey) Regulations, 1989, set out the arrangements for the Tribunal, including the appointment of members for a three year period of office. Regulation 2 provides for the Tribunal to consist of 4 members, a chairman and deputy chairman who both must be advocates or solicitors of the Royal Court of at least 7 years standing, and two other members. The terms of office of the present Chairman of the Tribunal, Advocate Charles Malcolm Belford Thacker, Deputy Chairman, Mr Philip William Syvret and one of the members, Dr Gwyn Llewellin, expire on the 30th April 2008. The term of office of the fourth member of the Tribunal, Mr Timothy Paul Darwin, does not expire until the 31st March 2009.

Regulation 4 of the Regulations provides for the Tribunal to be properly constituted to hear and determine an appeal if there is present :

a) the chairman or deputy chairman with two other members; or

b) the chairman and deputy chairman with one other member; or,

c) with the consent of the parties to an appeal, the chairman or deputy chairman and one other member

Appointment process

The appointment of members to the Health and Safety Appeal Tribunal is subject to the Code of Practice for Appointments to Autonomous & Quasi-Autonomous Public Bodies & Tribunals, issued by the Jersey Appointments Commission. The Health and Safety Appeal Tribunal has the status of a lower tier body, requiring the principles and practices set out in the Code to be applied to the appointment process.

In meeting the requirement of the Code to provide an opportunity for individuals who may have an interest in serving on the Tribunal, a notice was placed in the Public Notices section of the Jersey Evening Post on the 11th and 12th February 2008. No applications, or expressions of interest, have been received by the closing date 29th February 2008.

Advocate Thacker, Mr Syvret and Dr Llewellin have advised that they are prepared to serve a further three year term of office.

Reappointment of existing members

The Code of Practice recommends that, in normal circumstances, the term of office of a member of a Tribunal should not exceed 10 years. The Code adds that, where a member is appointed as Chair through open competition, the appointment counts as a new appointment and permits the commencement of the term of office from the time of the new appointment.

Although Advocate Thacker has served on the Health and Safety Appeal Tribunal since it was formed in 1989, he was only appointed as chairman for his last three year term of office. As such, his reappointment for a second three year term of office as chairman would be acceptable under the recommendations of the Code.

Mr Syvret and Dr Llewellin have each served on the Appeal Tribunal for one three year term of office and would also be permitted, under the recommendations of the Code, to serve a further three year term of office.

Advocate Thacker is an Advocate of the Royal Court and works in the legal practice of Viberts.

Mr Syvret is a Solicitor of the Royal Court and works in the legal practice of Benest and Syvret.

Dr Llewellin was Senior Clinical Medical Officer of the Public Health Dept between the years 1988 – 2002, since which time he has retired.

Financial implications

The members of the Appeal Tribunal serve on a voluntary basis and there are, therefore, no financial implications for the appointment of the members of the Appeal Tribunal.

3. RECOMMENDATION

The Minister is asked to agree to a report and proposition being lodged with the States recommending the reappointment of Advocate Thacker and Mr Syvret to the posts of Chairman and Deputy Chairman, respectively, and Dr Llewellin as a member of the Health and Safety Appeal Tribunal, for a further three year term of office commencing on the 1st May 2008.

Janice Waddell

Director of Compliance and Governance

Social Security: 10th March 2008

File No.: 3/17/2