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Information and public services for the Island of Jersey

L'înformâtion et les sèrvices publyis pouor I'Île dé Jèrri

Jersey Financial Services Commission: Re-Appointment of Commissioner

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.

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  • 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

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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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 19 December 2017:

MINISTERIAL DECISION REFERENCE:    MD-C-2017-0158

DECISION SUMMARY TITLE:  Re-appointment of Commissioner of the Jersey Financial Services Commission – Mr John Harris – Director General

DECISION SUMMARY AUTHOR:

Chief Officer - Financial Services, Digital and Enterprise

IS THE DECISION SUMMARY PUBLIC OR EXEMPT?  

Public

REPORT TITLE:  Re-appointment of Commissioner of the Jersey Financial Services Commission – Mr John Harris – Director General

REPORT AUTHOR OR NAME OF PERSON GIVING REPORT:  (if different from Decision  Summary Author)

Chief Officer - Financial Services, Digital and Enterprise

IS THE REPORT PUBLIC OR EXEMPT 

Public

DECISION AND REASON FOR THE DECISION:

The Chief Minister approved the nomination of Mr John Harris – Director General, JFSC, for re-appointment by the States Assembly as a Commissioner of the JFSC with effect from 1 March 2018 by the States for a further period of five years.  The Chief Minister directed that the proposition be lodged au Greffe for debate by the States at the earliest opportunity.

 

Mr Harris became Director General of the Commission on a part-time basis on 6 November 2006, succeeding Mr David Carse whose contract as Director General, and appointment as a Commissioner, expired on 3 November 2006. From 6 November 2006 until the end of his period of notice on 31 January 2007, Mr Harris continued as Director International Finance in the Chief Minister's Department also on a part-time basis. From 1 February 2007, Mr Harris's appointment as Director General became full-time and, on 28 February 2007, he was appointed by the States as a Commissioner for a term of three years. He was subsequently re-appointed by the States as a Commissioner for a second term commencing on 1 March 2010, which term will expire on 28 February 2018.

 

Experience since the date of the inception of the Commission in 1998 has shown that it is of great advantage for the Board of Commissioners and for the Director General for the person holding that position to be a Commissioner.

 

The Jersey Appointments Commission has confirmed that it would be appropriate for the Director General to remain a Commissioner for as long as he remains Director General.

 

Under Article 3(2)(a) of the Financial Services Commission (Jersey) Law 1998, Commissioners are to be appointed by the States on the nomination of the Minister. It should be noted that the draft States of Jersey (Appointment Procedures) (Jersey) Law 201- will in the future amend the position so that the Chief Minister will in the future make appointments of Commissioners. Equally, the Chief Minister has indtructed Law Drafting to occur to amend the Financial Services Commission (Jersey) Law 1998 to make the role of the Director General on the Board ex officio and appointment to only be made upon taking up the role. 

 

RESOURCE IMPLICATIONS:

There are no resource implications for the States of Jersey as a result of this decision.

ACTION REQUIRED:

The Greffier of the States to be requested to arrange for the proposition to be lodged au Greffe for debate at the earliest opportunity.

SIGNATURE:

 

 

SENATOR IAN GORST

POSITION:

 

 

CHIEF MINISTER OF JERSEY

 

 

DATE SIGNED

EFFECTIVE DATE OF THE DECISION

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