Re-Appointment of Non-Executive Members of the Jersey Competition Regulatory Authority.

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A decision made (21/09/2007) regarding: Re-Appointment of Non-Executive Members of the Jersey Competition Regulatory Authority.

Decision Reference: MD-E-2007-0179
Decision Summary Title :	Re-Appointment of Non Executive Members of the Jersey Competition Regulatory Authority		Date of Decision Summary:
Decision Summary Author:	Dr. Jason Lane Director Regulatory Services		Decision Summary: Public or Exempt?	Public
Type of Report: Oral or Written?	Written		Person Giving Oral Report:
Written Report Title :	Re-Appointment of Non Executive Members of the JCRA		Date of Written Report:
Written Report Author:	Dr. Jason Lane Director Regulatory Services		Written Report : Public or Exempt?	Public
Subject: Re-Appointment of Messers Bright and Foster as Non Executive Members of the Jersey Competition Regulatory Authority pursuant to Article 3 (1) (b) of the Competition Regulatory Authority (Jersey) Law 2001.
Decision(s): The Minister has appointed, for a term of 3 years, with effect from 2nd August 2007, Mr. Robert Foster and Mr. Christopher Bright as non-executive members of the JCRA. Under Article 3(3) of the Competition Regulatory Authority (Jersey) Law 2001 the Minister for Economic Development is required to notify the States of appointments of members of the Jersey Competition Regulatory Authority (JCRA).
Reason(s) for Decision: The Minister is responsible under Article 3(1)(b) of the Competition Regulatory Authority (Jersey) Law 2000 to consult with the Chairman of the Authority to appoint 2 or more members to the Authority’s board. Article 4 (2) allows for the re-appointment of an existing member of the Authority. The Minister, having consulted with the Chairman, is fully supportive of the re-appointment of existing non-executive members.
Resource Implications: Costs of non-executive members are borne by the JCRA.
Action required: Jason Lane to forward the report to Angela Rayson, Publications Editor and request that the States be notified in pursuance of Article 3 (3).
Signature: Senator P.F.C.Ozouf		Position: Minister
Date Signed:		Date of Decision (If different from Date Signed):

Re-Appointment of Non-Executive Members of the Jersey Competition Regulatory Authority.

REPORT

Re-Appointment of Non Executive Members of the Jersey Competition Regulatory Authority

Under Article 3(3) of the Competition Regulatory Authority (Jersey) Law 2001 the Minister for Economic Development is required to notify the States of appointments of members of the Jersey Competition Regulatory Authority (JCRA).

The Minister has appointed, for a term of 3 years, with effect from 2nd August 2007, Mr Robert Foster and Mr Christopher Bright as non-executive members of the JCRA.

Robert Foster

First appointed as non-executive member of the JCRA in 2004, Mr Foster has been instrumental in establishing the modern governance structure that now frames the work of the Authority. He is also Vice Chair of the King’s College Hospital NHS Trust and, since 2005 has sat as a Commissioner of the National Lottery Commission, chairing their Competition Project Board for award of the new licence. Prior to his appointment to the JCRA, Mr Foster was Chief Executive of the U.K. Competition Commission, taking the Commission through a major period of change, planning and implementing legislation as an independent determinative body on mergers, monopolies, and regulatory appeals.

Christopher Bright

Mr. Bright has practised as a competition and regulatory lawyer for 20 years and has substantial experience of the law and economics of competition and regulation in the context of the UK EU, and the US. A member of the JCRA Board since 2004, Mr Bright is also a member of the UK Competition Commission since 2006. Other current roles include member, OECD Business and Industry Advisory Committee (Competition) (since 1996), Editorial Board, Utilities Law Review (since 2001); Advisory Board, Oxford Law Foundation (since 1999) and as part of the Advisory Board, Oxford Institute for European and Comparative Law (since 1996).

Members may recall that the existing Board of the JCRA were selected in 2004 after a rigorous and demanding selection process, involving the use of specialist search consultants and the Appointments Commission. Of particular importance was an ability to understand complex commercial, legal and economic regulatory issues and an ability to be responsible for taking forward and maintaining momentum on priority projects. The Corporate Governance of the JCRA and, in particular, the good management of the Competition Law Grant were also significant factors.

After three years with the current Board, the JCRA has regained its stature and has played an important part in the development of a progressive and proportionate competition regime. Significant progress has been made in the development of the telecommunications market and Jersey Post has been licensed as an independent trading company.

The JCRA, however, still has much to achieve. Further work is needed on mobile number portability and competition issues on such matters as milk marketing need to be brought to a satisfactory conclusion. Many of these matters are highly sensitive and require skilled, light, but firm handling. It is my belief that both Robert Foster and Christopher Bright are the right people to deliver these objectives and after consultation with Lord Kingsland, the Chairman of the JCRA I believe that it is in the best interests of the JCRA and the wider Jersey economy that they be re-appointed.

Jason Lane

Director Regulatory Services

14 September 2007