Health and Safety Appeal Tribunal: Chairman: Re-appointment

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A decision made 27 February 2014:

Decision Reference: MD-S-2014-0021

Decision Summary Title :

Health and Safety at Work Appeal Tribunal 3/17/2

Date of Decision Summary:

25th February 2014

Decision Summary Author:

Head of 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 chairman to the Health and Safety Appeal Tribunal

Date of Written Report:

25th February 2014

Written Report Author:

Head of Governance

Written Report :

Public or Exempt?

(State clauses from Code of Practice booklet)

Public

Subject:

Reappointment of chairman to the Health and Safety Appeal Tribunal.

Decision(s):

The Minister decided to recommend to the States the reappointment of Mr Philip William Syvret as Chairman, to serve on the Health and Safety Appeal Tribunal for a three year term of office, commencing on the 1st May 2014.

Reason(s) for Decision:

The requirement for the appointment, by the States, of a chairman to the Health and Safety Appeal Tribunal, whose term of office is due to expire on the 30th April 2014.

Resource Implications:

There are no implications for the financial or manpower resources of the States.

Action required:

Request the Greffier of the States to arrange for the report and proposition to be lodged ‘au Greffe’ and for the matter to be taken into consideration by the States at the earliest opportunity..

Signature:

Position:

Date Signed:

Date of Decision (If different from Date Signed):

Health and Safety Appeal Tribunal: Chairman: Re-appointment

reAppointment of cHAIRMAN TO the Health and Safety Appeal Tribunal

1. SUMMARY

The term of office of the Chairman of the Health and Safety Appeal Tribunal expires on the 30th April 2014. Appointments to the Tribunal are made by the States on a proposition from the Minister for Social Security.

The Minister is asked to recommend the reappointment of the current Chairman, Mr Philip William Syvret, 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 term of office of the present Chairman of the Tribunal, Mr Philip William Syvret, expires on the 30th April 2014.

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.

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.

Mr Syvret has served a 3 year term of office as Chairman and is therefore eligible to serve a further 3 year term of office. Mr Syvret, who is a Solicitor of the Royal Court and is a partner in the legal practice of Benest and Syvret, has agreed to continue in the role of Chairman for a further term of office.

Financial implications

The members of the Appeal Tribunal serve on a voluntary basis and there are, therefore, no financial implications for the appointment of members to 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 Mr Syvret to the post of Chairman to the Health and Safety Appeal Tribunal, for a three year term of office commencing on the 1st May 2014.

Janice Waddell

Head of Governance