The membership of the Health Services Disciplinary Tribunal.

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A decision made (07/03/2008) regarding: The membership of the Health Services Disciplinary Tribunal.

Decision Reference: MD-S-2008-0017
Decision Summary Title :	The membership of the Health Services Disciplinary Tribunal		Date of Decision Summary:	4/03/08
Decision Summary Author:	R. Goulding Policy Principal		Decision Summary: Public or Exempt?	Public
Type of Report: Oral or Written?	Written		Person Giving Oral Report:	-----------------
Written Report Title :	2.3.6. Membership of Health Service Disciplinary Tribunal		Date of Written Report:	4/03/08
Written Report Author:	R. Goulding Policy Principal		Written Report : Public or Exempt?	Public
Subject: Membership of Health Service Disciplinary Tribunal
Decision(s): The Minister approved a proposition to request the States to appoint Health Service Disciplinary Tribunal Members from 1 June 2008 until 31 May 2011.
Reason(s) for Decision: The Health Services Disciplinary Tribunal is a Statutory Body within the Health Insurance legislation. Under the Health Insurance (Jersey) Law, 1967, the Social Security Minister has the power to take disciplinary action against any approved doctor or pharmacist whose conduct is believed to have a prejudicial effect on the administration and (or) created unreasonable cost to the Health Insurance Fund. If representation is made to the Minister regarding the conduct of a doctor or pharmacist then the matter is referred to the Tribunal. The members are appointed for a three year term; the Tribunal meets infrequently and has not met at all during the last period of office. Two lay members of the Tribunal subsequently resigned following the completion of this term. The infrequency of any meetings has made the recruitment of tribunal members difficult and protracted. Nevertheless, following the involvement and guidance of the Appointments Commission, two members have been successfully recruited.
Resource Implications: There are no additional financial and manpower implications
Action required: The Greffier of the States to be asked to arrange for the report and proposition to be lodged ‘au Greffe’ as soon as possible for debate no later than 13 May 2008.
Signature:		Position:
Date Signed:		Date of Decision (If different from Date Signed):

The membership of the Health Services Disciplinary Tribunal.

Proposition

Constitution of the Health Service Disciplinary Tribunal

The States are asked to decide whether they are of opinion –

To approve the appointment of the chair and deputy chair and a panel of three lay members, in accordance with the Health Insurance (Jersey) Law, 1967 to the Health Service Disciplinary Tribunal. The proposed panel members for a three year term, starting on 1 June 2008 are -

Advocate David Eldon Le Cornu – Chairman
Mr Conrad Coutanche - Deputy Chairman
Mr Colin Henry Letto – Lay Member
Mr Philip J.A. Le Claire – Lay Member
Mr Nigel Collier-Webb – Lay Member

Introduction

Under the Health Insurance (Jersey) Law, 1967, the Social Security Minister has the power to take disciplinary action against any approved General Practitioner or Pharmacist whose conduct is believed to have had a prejudicial effect on the administration of and/or created an unreasonable cost to, the Health Insurance Fund.

Role of the Tribunal

If representation is made to the Minister regarding the conduct of a General Practitioner or Pharmacist then the matter is referred to the Health Services Disciplinary Tribunal. If it upholds the complaint, the Tribunal can make recommendations to the Minister, either that approval is withdrawn, or where an unreasonable cost is proved, that an amount should be repaid to the Health Insurance Fund.

Constitution of the Tribunal

The Tribunal when constituted must consist of a Chairman, who is a lawyer of not less than five years standing, two members of the public and two members of an appropriate professional body. The Chairman and lay members are selected from a panel of members that is constituted by the States, and the professional members are selected from a panel that is constituted by the Minister. Terms of office are for three years and the Minister may pay members any reasonable expenses incurred.

The Tribunal has met only twice in the last 40 years and did not meet at all during the last term of office.

In 2006, two lay members indicated their decision to resign on completion of their term of office. The subsequent recruitment of lay members to the Tribunal has taken two years.

Recruitment to the Tribunal

Recognising that the infrequent meeting of this Tribunal was disadvantageous to the recruitment and retention of public spirited lay members, the Jersey Appointments Commission, recommended that a conventional recruitment programme would be unlikely to attract suitable members.

Consequently, over several months, the Tribunal vacancies were brought to the attention of people who had applied for positions on other panels and Tribunals who had requested that their application details be put forward for other similar bodies. Through this process, three applications were received.

An interview panel, consisting of an Officer of the Social Security Department, an Appointments Commissioner and an independent person, met in October 2007 and structured interviews was conducted against the required competencies. Two applicants were chosen; the third applicant was unable to attend the interview and subsequently withdrew his application.

Chairman and Deputy Chairman

The States is asked to approve the appointment of the Chairman and Deputy Chairman, both of whom have indicated their willingness to continue for a further three year term of office -

Advocate David Eldon Le Cornu as Chairman of the Tribunal. Advocate Le Cornu was called to the English Bar in 1974, and the Jersey Bar shortly after in 1976. He was appointed as Crown Advocate in 1994 and as relief Magistrate in 1997.

Mr Conrad Coutanche as Deputy Chairman of the Tribunal. Mr Coutanche was a Senior Partner at Mourant, before his retirement from the firm in 2002.

Proposed Lay Members

The following lay member has indicated his willingness to continue for a further 3 year term of office:

Mr Colin Henry Letto - Mr Letto owns and runs his family business, Letto Jewellers.

Having completed the appointments procedure, as described in point 4 of this Proposition, the States is asked to approve the appointment of the following two candidates, each for a three year term:

Mr Philip J.A. Le Claire - Mr Le Claire is currently employed as the Jersey Branch Officer of the National Autistic Society and is an active member of the Jersey Scout Association.

Mr Nigel Collier-Webb - Mr Collier-Webb worked for the States of Jersey Police force for thirty years, and has since retired and taken up employment in a local publishing business.

The Minister in due course will appoint the professional members, in accordance with the Health Insurance (Jersey) Law, 1967.

Resource Implications:

There are no additional financial and manpower implications