Appointment of new member to the Health and Safety Appeal Tribunal

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 (10.02.06) to recommend to the States the reappointment of Mr. Timothy Paul Darwin to serve on the Health and Safety Appeal Tribunal for a further three years commencing on 1st April, 2006.

MD-S-2006

Subject:	Appointment of new member to the Health and Safety Appeal Tribunal
Decision Reference:	MD-S-2006-0017		Exempt clause(s):
Type of Report: (oral or written)	Written		Person Giving Report (if oral):	n/a
Telephone or e-mail Meeting?	n/a		Report File ref:	File 3/17/2
Written report – Title	Appointment of new member to the Health and Safety Appeal Tribunal
Written report – Author (name and job title)	Denis O’Callaghan Director of Compliance and Governance
Decision(s): The Minister decided to recommend to the States the reappointment of Mr Timothy Paul Darwin to serve on the Health and Safety Appeal Tribunal for a further term of three years commencing the 1at April 2006.
Reason(s) for decision: The requirement for the appointment by the States of a member of the Health and Safety Appeal Tribunal to replace an existing member whose term of office expires on the 31st March 2006.
Action required: The Director of Compliance and Governance is to arrange for the report and proposition on the appointment of the new member to be lodged with a requested date for debate in the States on the 28th March 2006.
Signature: (Minister/ Assistant Minister)		Date of Decision:

Appointment of new member to the Health and Safety Appeal Tribunal

HEALTH AND SAFETY APPEAL TRIBUNAL: APPOINTMENT OF NEW MEMBER

PROPOSITION

THE STATES are asked to decide whether they are of opinion -

to appoint Mr Timothy Paul Darwin as a member of the Health and Safety Appeal Tribunal, in pursuance of Article 17 of the Health and Safety at Work (Jersey) Law 1989, and the Health and Safety at Work (Appeal Tribunal) (Jersey) Regulations 1989, for a period of three years commencing 1st April 2006.

MINISTER FOR SOCIAL SECURITY

Report

Regulation 2 of the Health and Safety at Work (Appeal Tribunal) (Jersey) Regulations 1989 provides for the establishment of a tribunal, to be known as the Health and Safety Appeal Tribunal.

The role of the Health and Safety Appeal Tribunal is to determine appeals made against administrative sanctions, termed notices, served under Articles 13 and 14 of the Health and Safety at Work (Jersey) Law 1989, and to determine appeals made against decisions taken by the Minister in respect of licence provisions in accordance with Regulation 9 (2) (e) of the Law.

The proposition asks the States whether they are of the opinion to reappoint an existing member, Mr Timothy Paul Darwin, as a member of the Health and Safety Appeal Tribunal for a three year term of office, commencing on 1st April 2006. Mr Darwin has been a member of the Appeal Tribunal since 1st April 2003

Mr. Darwin is employed in a senior management position by Normans Limited. He is a member of the Institute of Directors, Associate Member of the Chartered Institute of Personnel and Development, Board member of the Jersey Construction Council and Chairman of the Awards Committee of the Jersey Construction Council for 2006. He has been employed by Normans Ltd since 1985 in various capacities and is currently Operations Director with the Company.

This proposition has no implications for the financial or manpower resources of the States.