P.170/2010 Shadow Boards and Ministerial Boards: Approval by the States: Amendment

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A decision made 19 January 2011 regarding: P.170/2010 Shadow Boards and Ministerial Boards: Approval by the States: Amendment.

Decision Reference: MD-E-2011-0006
Decision Summary Title :	Amendment to P170		Date of Decision Summary:	13 January 2011
Decision Summary Author:	Assistant Director		Decision Summary: Public or Exempt?	Public
Type of Report: Oral or Written?	Written		Person Giving Oral Report:	n/a
Written Report Title :	Amendment to P170		Date of Written Report:	12 January 2011
Written Report Author:	Chief Executive Officer		Written Report: Public or Exempt?	Public
Subject: Amendment to P170 Shadow Boards & Ministerial Boards: Approval by the States
Decision(s): The Minister has approved the following amendment to P170: SHADOW BOARDS AND MINISTERIAL BOARDS: APPROVAL BY THE STATES (P.170/2010) – amendment PAGE 2 PARAGRAPH (a) For the words “for approval the proposal announced by the Minister on 3rd November 2010 for the formation of a Shadow Board to oversee all aspects of Harbours and Airport” substitute the words “for approval the Terms of Reference for the Shadow Board appointed by the Minister for Economic Development, as set out in points 1-7 in the report of the Minister dated [insert date], to oversee all aspects of Harbours and Airport;”
Reason(s) for Decision: Following discussion with Deputy Le Claire, the proposer of P170, this amendment to part (a) reflects the fact that the Shadow Board had been appointed before P170 was lodged. It therefore captures the proposer’s concerns but goes further by allowing the States to debate the terms of reference that the Shadow Board will operate under. It also confirms that the Minister for Economic Development will bring any future substantive changes to the governance of Jersey Harbours or Jersey Airport to the States.
Resource Implications: There are no additional resources.
Action required: The Assistant Director to request the Greffier of the States to lodge the Amendment ‘au Greffe’.
Signature: Senator AJ Maclean		Position: Minister for Economic Development
Date Signed:		Date of Decision (If different from Date Signed):

P.170/2010 Shadow Boards and Ministerial Boards: Approval by the States: Amendment

MD-E-2011-0006

Report on the amendment to P170 – 17 January 2011

Following discussion with Deputy Le Claire, the proposer of P170, this amendment to part (a) reflects the fact that the Shadow Board had been appointed before P170 was lodged. It therefore captures the proposers concerns but goes further by allowing the States to debate the terms of reference that the Shadow Board will operate under. It also confirms that the Minister for Economic Development will bring any future substantive changes to the governance of Jersey Harbours or Jersey Airport to the States.

As background the following confirms the position surrounding the establishment of the Shadow Board.

For the avoidance of any doubt the Harbours and Airport Shadow Board is an advisory and not a supervisory body. It has no political or executive authority and all responsibilities, accountabilities and liabilities remain unchanged.

During the States sitting on 6th July 2010, the Minister for Economic Development announced the intention to create a Shadow Board to oversee all aspects of Jersey Harbours and Jersey Airport activity.

The proposed Terms of Reference of the Shadow Board are.

To define the optimum operational and governance structure and make a recommendation to the Minister for Economic Development to implement changes as necessary
To strengthen governance and good practice in all areas of Harbour and Airport operations
To challenge and support the executive teams
To develop strategy and business operations and ensure they are subject to rigorous independent commercial challenge in a manner which enhances governance at a pivotal time
To protect the interests of Jersey Airport and Jersey Harbours in moving towards the Aims and Objectives agreed by the States of Jersey
To ensure the ability of the Trading Operations to meet the objective of being self-funding and sustainable.
To undertake any other appropriate roles as agreed with the Minister for Economic Development

The Shadow Board was appointed following consultation and a recruitment process overseen by the Appointments Commission. The board comprises:

Chair Mr. Charles Clarke

Non-Executive Director (Marine) Mrs. Margaret Llewellyn OBE

Non-Executive Director (Aviation) Mr. Mike Collett

Non-Executive Director Mr Frank Walker

Non-Executive Director Mr Alan Smith MBE

Non-Executive Director Mr John Mills CBE

ED Minister’s Representative Mr Mike King, Chief Officer, EDD

The Harbours and Airport Shadow Board is an advisory and not a supervisory body. It has no political or executive authority and all responsibilities, accountabilities and liabilities remain unchanged.

The ED Minister retains all powers vested under the States of Jersey Law 2005. Under this Law, the ED Minister is legally and politically accountable for this area of government.

The ED Minister retains the responsibility for setting policy to ensure that all aspects of the Economic Development Department’s activities, including Jersey Harbours and Jersey Airport fulfil their objectives.

The accountabilities and responsibilities of the Airport Director and the Harbour Master are defined in Law. The Airport Director and Harbour Master/CEO are designated under the Public Finances (Jersey) Law as accounting officers for Jersey Airport and Jersey Harbour and will retain all aspects of their accounting officer responsibility and as such are accountable to the Minister and the States of Jersey. The operational responsibilities of the Airport Director and the Harbour Master/CEO are defined in the Law and will remain unchanged.

In practice, the Harbour and Airport executives will work with the Shadow Board to define a business plan for the following year within the timetable prescribed by the States. The ED Minister will consider the plan; make any necessary amendments, before approving it for presentation to the States. Once approved by the States, the Minister will charge the Executive to work with the Shadow Board to deliver the business plan. Any decisions required within the plan period will be recommended by the executives (with the input and endorsement of the Shadow Board) for the approval of the Minister to be recorded as Ministerial Decisions.

From time-to-time the Minister may request the Harbours and Airport Shadow Board to work with the executives and ED officers to advise on specific issues related to aspects of Harbours and Airport structure, governance and operations.

The Economic Development Minister proposes that, if such advice leads to a change in policy that would represent a substantive change at either Jersey Harbours of Jersey Airport, such changes will be brought back to the States.

Financial and Manpower Considerations

As this amendment seeks approval of the States for the Terms of Reference of, already constituted, Harbours and Airport Shadow Board, there are no financial considerations

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