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Tribunals: Social Security, Jersey Employment, Income Support Medical: Appointment of Members - Propositions to the States

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A decision made 25 January 2011 regarding: Tribunals: Social Security, Jersey Employment, Income Support Medical: Appointment of Members - Propositions to the States.

Decision Reference:  MD-S-2011-0003

Decision Summary Title :

DS - Tribunal appointments

Date of Decision Summary:

21 January 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 - Tribunal appointments (Proposition)

Date of Written Report:

21 January 2011

Written Report Author:

Policy Principal

Written Report :

Public or Exempt?

Public

Subject: States Propositions - Appointment of Tribunal Members

Decision(s): The Minister decided to lodge three Propositions requesting that the States appoint the following new Tribunal members, each for a five year term, to begin from 1 March 2011;

 

1. In accordance with Article 15 of the Income Support (General Provisions) (Jersey) Order 2008, Sam Le Breton and John Moulin as panel members of the Income Support Medical Appeal Tribunal

  

2. In accordance with Article 33A of the Social Security (Jersey) Law 1974, Alan Hall, Margaret Howard, Sam Le Breton and John Moulin as panel members of the Social Security Tribunal

 

3. In accordance Regulation 3 of the Employment Tribunal (Jersey) Regulations 2005, Louise Cram and John Noel as panel members of the Jersey Employment Tribunal.

 

Reason(s) for Decision: A number of positions had become vacant on these three tribunals that are the responsibility of the Minister for Social Security.  The legislation setting up the tribunals requires that members are appointed by the States on the recommendation of the Minister for Social Security, following consultation with the Appointments Commission. 

 

Following a period of open recruitment and structured interviews, in which the Appointments Commission representative chaired the interview panel, the Minister for Social Security is satisfied that the six individuals detailed in the written report have the required knowledge and experience.

Resource Implications: There are no financial or manpower implications.

Action required: Policy Principal to ask the Greffier of the States to lodge the three separate Propositions, for States debate on 15 February 2011.

Signature:

 

 

Position:

Minister

 

Date Signed:

 

 

Date of Decision (If different from Date Signed):

 

 

Tribunals: Social Security, Jersey Employment, Income Support Medical: Appointment of Members - Propositions to the States

PROPOSITION

 

THE STATES are asked to decide whether they are of opinion 

 

In pursuance of Article 15 of the Income Support (General Provisions) (Jersey) Order 2008, further to a process overseen by the Jersey Appointments Commission, to appoint the following persons as panel members of the Income Support Medical Appeal Tribunal for a period of 5 years with effect from 1 March 2011 :

 

  Mr Samuel Le Breton 

  Mr John Moulin 

 

MINISTER FOR SOCIAL SECURITY

 


REPORT

 

Background

 

A number of positions had become vacant on three tribunals that are the responsibility of the Social Security Minister; the Income Support Medical Appeal Tribunal, the Social Security Tribunal and the Employment Tribunal. 

 

The legalisation setting up each of these tribunals requires that members are appointed by the States on the recommendation of the Social Security Minister, following consultation with the Appointments Commission. 

 

Following a period of open recruitment and structured interviews, in which the Appointments Commission representative chaired the interview panel, the Minister for Social Security is satisfied that the individuals proposed for the respective positions have the required knowledge or experience.

 

It is proposed that each of the members is offered an initial term of five years, to begin from 1 March 2011.

 

Further details of the proposed new members are provided at the Appendix.

 

Income Support Medical Appeal Tribunal

 

The Income Support (General Provisions) (Jersey) Order 2008 provides for the composition of the Income Support Medical Appeal Tribunal and the terms of appointment of its members. Members may hold office for two terms, each not exceeding five years.

 

The Medical Appeal Tribunal hears appeals on the award of the Impairment Component under the Income Support system.  Should the legally qualified Chair decide to convene a Tribunal, the Chair is joined by one member from a panel of Medical Practitioners and one member selected from a panel of up to five members who have experience of disability.

 

The recent recruitment was undertaken to fill positions that were vacant due to retirement, for members with experience in dealing with the needs of disabled persons in a professional or voluntary capacity, or because they are themselves disabled.

 


APPENDIX

 

John Moulin was Chief Ambulance Officer for 17 years. He retired in 2009 after a total of 29 years service which has included dealing directly with a wide range of clients with medical conditions, including age related disability and metal health issues.  As a result of changes to the Jersey Mental Health law, Mr Moulin directed the revision of policies and procedures to ensure that the ambulance service meets the needs of clients.

 

Mr Moulin was President of the Jersey Civil Service Association for six years. 

 

 

 

Samuel Le Breton was Head of the Police Support Unit when he retired from the Police service in 1997. He has wide-ranging experience of social issues and has dealt with diversity in his 35 years’ service, including as a representative for the Police Force on Committees including Victim Support and the Misuse of Drugs Strategy Group.  Mr Le Breton has experience of disability within his family.

 

After retirement from the Police Force, Mr Le Breton took on the role of a Director of the Jersey Mutual Insurance Society and is the Society’s immediate past President.  Mr Le Breton has been a member of the Employment Tribunal since 2005. 

 

 


 


PROPOSITION

 

THE STATES are asked to decide whether they are of opinion 

 

In pursuance of Regulation 3 of the Employment Tribunal (Jersey) Regulations 2005, further to a process overseen by the Jersey Appointments Commission, to appoint the following persons as panel members of the Jersey Employment Tribunal for a period of 5 years with effect from 1 March 2011:

 

Mrs Louise Cram

Mr John Noel

 

MINISTER FOR SOCIAL SECURITY

 


REPORT

 

Background

 

A number of positions had become vacant on three tribunals that are the responsibility of the Social Security Minister; the Income Support Medical Appeal Tribunal, the Social Security Tribunal and the Employment Tribunal. 

 

The legalisation setting up each of these tribunals requires that members are appointed by the States on the recommendation of the Social Security Minister, following consultation with the Appointments Commission. 

 

Following a period of open recruitment and structured interviews, in which the Appointments Commission representative chaired the interview panel, the Minister for Social Security is satisfied that the individuals proposed for the respective positions have the required knowledge or experience.

 

It is proposed that each of the members is offered an initial term of five years, to begin from 1 March 2011.

 

Further details of the proposed new members are provided at the Appendix.

 

Employment Tribunal

 

The Employment Tribunal (Jersey) Regulations 2005 (as amended) provide for the composition of the Jersey Employment Tribunal and the terms of appointment of its members.  Members may hold office for two terms, each not exceeding five years.

 

An Employment Tribunal panel consists of a legally qualified Chair with two members; one from a pool of eight “employee” representative panel members who have knowledge or experience of or interest in trade unions or matters relating to employees generally, and one from a pool of eight “employer” representatives who have knowledge or experience of or interest in employers’ associations, or matters relating to employers generally.

 

The recent recruitment was undertaken to fill positions that were vacant due to retirement.

 

Financial and Manpower Implications

 

There are no financial or manpower implications arising from this decision.
APPENDIX

 

Louise Cram is the Director of the Human Resources Team for Standard Bank Offshore Group and has more than ten years’ Human Resources experience in the Finance industry.  In her current position, Mrs Cram often chairs disciplinary and appeal hearings.

 

 

 

John Noel worked for the States of Jersey Civil Service for 43 years, retiring from his last position as Director of Immigration and Nationality in 2008. For 30 years, Mr Noel has acted as a Civil Service employee representative, including as Lead Negotiator.  Mr Noel was Chairman of the Civil Service Staff Side for 12 years and was also a Board Member of the Jersey Advisory and Conciliation Service from 2001 to 2008.

 

 


PROPOSITION

 

THE STATES are asked to decide whether they are of opinion 

 

In pursuance of Article 33A of the Social Security (Jersey) Law 1974, further to a process overseen by the Jersey Appointments Commission, to appoint the following persons as panel members of the Social Security Tribunal for a period of 5 years with effect from 1 March 2011:

 

  Mrs Alan Hall   

  Mrs Margaret Howard  

  Mr Samuel Le Breton  

  Mr John Moulin 

  

MINISTER FOR SOCIAL SECURITY

 


REPORT

 

Background

 

A number of positions had become vacant on three tribunals that are the responsibility of the Social Security Minister; the Income Support Medical Appeal Tribunal, the Social Security Tribunal and the Employment Tribunal. 

 

The legalisation setting up each of these tribunals requires that members are appointed by the States on the recommendation of the Social Security Minister, following consultation with the Appointments Commission. 

 

Following a period of open recruitment and structured interviews, in which the Appointments Commission representative chaired the interview panel, the Minister for Social Security is satisfied that the individuals proposed for the respective positions have the required knowledge or experience.

 

It is proposed that each of the members is offered an initial term of five years, to begin from the date of States approval.

 

Further details of the proposed new members are provided at the Appendix.

 

 

Social Security Tribunal

 

The Social Security (Determination of Claims and Questions) (Jersey) Order 1974 (as amended) provides for the constitution of the Social Security Tribunal, which has been in place since 1974, and hears appeals on a range of benefits under the Social Security Law as well as appeals for Income Support.

 

A Tribunal panel consists of a legally qualified Chair and two lay members drawn from a panel of twelve people.  Recent recruitment has taken place to increase the number of panel members to ensure there are enough people with varying experience available for hearings. 

 

While a term of office is not specified in legislation, to maintain consistency with other Tribunals and recommended best practice, members have been offered an initial term of five years.  Members are then eligible to apply for reappointment for a further period.

 

Financial and Manpower Implications

 

There are no financial or manpower implications arising from this decision.
APPENDIX

 

John Moulin was Chief Ambulance Officer for 17 years. He retired in 2009 after a total of 29 years service, which began as an ambulance technician and has included co-ordination with other services and organisations. 

 

Mr Moulin was President of the Jersey Civil Service Association, a voluntary post, for six years.  During that time he dealt with individuals experiencing health and/or work related difficulties.

 

 

Samuel Le Breton was Head of the Police Support Unit when he retired from the Police service in 1997 with responsibility for contingency planning, public relations and police complaints and discipline. 

 

After retirement from the Police Force, Mr Le Breton took on the role of a Director of the Jersey Mutual Insurance Society and is currently the Society’s President. 

 

Mr Le Breton has been a member of the Employment Tribunal since 2005. 

 

 

Margaret Howard has 28 years of experience in Jersey’s Finance Industry including trust administration. Her current position at the Bedell Group involves review of processes and risk reporting.  Mrs Howard has recently completed an MSc in Corporate Governance, specialising in the non-profit (charitable) sector.

 

Mrs Howard has been a carer for family members and for the past eight years has been a volunteer at Jersey Hospice Care.

 

 

Alan Hall was Head of Internal Audit at Jersey Electricity Company (JEC) when he retired in 2007.  His career at the JEC began in 1967 as an Accounts Clerk. During this time, Mr Hall also took on voluntary roles as a Committee member for the JEC Pensioners Association and a Trustee for the JEC Pension Fund. 

 

Mr Hall has been a member for the Employment Tribunal since 2005.

 

 

 

 

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