Disciplinary Panel of the Law Society of Jersey: Appointment of Lay-Members

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 30 August 2013:

Decision Reference: MD-C-2013-0099
Decision Summary Title :	Disciplinary Panel of the Law Society of Jersey : Appointment of Lay Members		Date of Decision Summary:	30th August 2012
Decision Summary Author:	Project and Research Officer		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 :	Disciplinary Panel of the Law Society of Jersey : Appointment of Lay Members		Date of Written Report:	30th August 2012
Written Report Author:	Project and Research Officer		Written Report : Public or Exempt? (State clauses from Code of Practice booklet)	Public
Subject: Disciplinary Panel of the Law Society of Jersey : Re-Appointment of Lay Members
Decision(s): The Deputy Chief Minister agreed to lodge ‘au Greffe’ the Report and Proposition entitled ‘Disciplinary Panel of the Law Society of Jersey: Appointment of Lay Members’ for debate by the States Assembly at the earliest opportunity.
Reason(s) for Decision: Under Article 18(2) of The Law Society of Jersey Law 2005 the lay members of the disciplinary panel of the Law Society of Jersey are appointed by the States. An additional 6 members are being recommended for appointment by the States to serve for a period of 5 years to work alongside the existing Members.
Resource Implications: There are no resource implications.
Action required: The Greffier of the States is requested to arrange for the Projet to be lodged ‘au Greffe’ for consideration by the States at the earliest opportunity.
Signature:		Position: Deputy Chief Minister
Date Signed:		Date of Decision (If different from Date Signed):

Law Society: Disciplinary Panel: Appointment of Lay-Members

THE LAW SOCIETY OF JERSEY DISCIPLINARY PANEL.

APPOINTMENT OF LAY MEMBERS.

Proposition.

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

in pursuance of Article 18(2) of The Law Society of Jersey Law 2005, to appoint the following persons as lay members of the Disciplinary Panel of the Law Society of Jersey for a period of 5 years –

Mr. Paul John Battrick M.B.E.

Mr. Ian Berry.

Mrs. Annette Cullen.

Mr. (Patrick) David McGrath.

Professor Edward Sallis O.B.E.

Mrs. Deborah Ann Thompson.

Chief Minister.

Report.

Background.

The Law Society of Jersey Law 2005 came into force on 1st January 2007, in order to provide for the administration and disciplinary control of advocates and solicitors of the Royal Court.

One of the principal objectives of the Society is to promote high standards of professional conduct among practitioners, and to this end, the Law makes provision for the appointment of a Disciplinary Panel to consider and adjudicate upon complaints against members of the legal profession.

In accordance with Article 18(1) of the Law, the Disciplinary Panel shall consist of “not less than 7 and not more than 15 fit and proper persons as lay members.” Complaints against legal practitioners are submitted to the President of the Law Society and in those cases where the President is satisfied that a complaint should be investigated, the matter will be referred to a disciplinary committee.

The Disciplinary Panel is currently comprised of only six Lay Members, five of whom are serving a second term of office, and one of whom is currently serving a first term of office.

The details of the current membership are set out below.

The re-appointment of the following Lay Members of the Disciplinary Panel for a second term of office of 5 years was approved by the States on 10th July, 2012 (P50/2012):

Mr. Maurice Adrian des Forges.

Mr. Robin Charles Hacquoil.

Mr. Graham Edward Jennings.

Mrs. Pamela Margaret Nisbet.

Mr. Alfred David John Rosser.

The appointment of the following Lay Member of the Disciplinary Panel for a first term of office of 5 years was approved by the States on 11th September, 2009 (P124/2009):

Mrs. Margaret Ann Rondel.

As a consequence of the number of existing Lay Members, and in anticipation of the departure of five experienced Members at the termination of their second term of office, The Law Society of Jersey has sought to attract and recruit additional Members through a selection process overseen by the States of Jersey Appointments Commission.

Appointment of Lay Members to The Disciplinary Panel.

The Chief Minister, in pursuance of Article 18(2) of The Law Society of Jersey Law 2005, is pleased to recommend to the States that the following persons be appointed as Lay Members of the Disciplinary Panel of The Law Society of Jersey:

Mr. Paul John Battrick M.B.E.

Mr. Ian Berry.

Mrs. Annette Cullen.

Mr. (Patrick) David McGrath.

Professor Edward Sallis O.B.E.

Mrs. Deborah Ann Thompson.

Subject to approval by the States, the Lay Members will serve for a period of 5 years, with their term of office commencing from the date of appointment by the States. Biographies for the candidates are provided in the Appendix.

It is desirable that these Members be appointed because the Society is currently below the membership parameters set out in Article 18(1) of the Law, following the recent resignation of a Member. Furthermore, in light of the fact that five of the remaining six Members are due to step down simultaneously, the Chief Minister believes that it would be wise to appoint further Members to the Panel to work alongside the existing experienced Members.

The States of Jersey Appointments Commission was involved throughout the recruitment and selection process and has confirmed that these recommended appointments meet its eligibility criteria.

Recommendation.

The Chief Minister is pleased to recommend the appointment of these persons as Lay Members of the Disciplinary Panel of The Law Society of Jersey. The work of the Disciplinary Panel can be time-consuming and complex, and the Chief Minister believes that the States is fortunate to have individuals with the relevant mix of skills and experience who are prepared to undertake this work in an honorary capacity. The States is accordingly asked to approve their appointment.

Financial and Manpower Implications.

Administrative support to the Disciplinary Panel is provided by The Law Society of Jersey. The Lay Members work in an honorary capacity, and therefore, there are no financial or manpower implications for the States of Jersey.

APPENDIX.

Mr. Paul John Battrick M.B.E.

Mr. Paul Battrick M.B.E. is the Managing Director of Pitcher and Le Quesne Funeral Directors, having previously worked at Jackson’s Yacht Services, Gorey Yacht Services, Iron Stores Marine (Normans Limited), and South Pier Shipyard. Mr. Battrick currently serves as a Member of the Youth Court Panel, and is also a Member of the Board of Governors of De La Salle School. In 2000, he was awarded an M.B.E. for services to the community, particularly in relation to his work for St. John Ambulance and as a crew member of the St. Helier Lifeboat Station.

Mr. Ian Berry.

Mr. Ian Berry is a Consultant Psychologist operating in private practice since 2004, prior to which he was Consultant Clinical Psychologist and Head of Department for Clinical Psychology for the States of Jersey Health and Social Services Department. Mr. Berry has undertaken a number of voluntary and honorary roles during his career, including the Chair role for the Jersey Joint Secretariat for people with Special Needs, and a Member and Advisor to the States of Jersey Health and Social Services Department Special Needs Review Steering Group.

Mrs. Annette Cullen.

Mrs. Annette Cullen is the Director of Human Resources and Facilities Management at the Jersey Financial Services Commission, having previously held senior Human Resources positions for Volaw & Company, Ogier, and Lazard Brothers & Co. (Jersey) Limited. Mrs. Cullen is a Fellow of the Chartered Institute of Personnel and Development, for which she served as Chair of the Jersey Branch for a period of 8 years. Mrs. Cullen is a former Centenier of the Parish of Trinity.

Mr. (Patrick) David McGrath.

Mr. David McGrath served as an Officer of the States of Jersey Police Force from 1976 to 2002, reaching the rank of Chief Inspector, before embarking on a career in the financial services industry, which included periods working in the Compliance and Money Laundering Reporting functions for Zenith Trust Company Limited, Abbey National International Limited and Aberdeen Private Wealth Management Limited. Mr. McGrath is also engaged by the Sport, Education and Culture Department, where he acts as a driver and escort assisting vulnerable and Special Needs students at Mont à l’Abbé School.

Professor Edward Sallis O.B.E.

Professor Sallis O.B.E. has operated at senior management and Board level in the education sector, and was the Principal and Chief Executive Officer of Highlands College from 1997 until his retirement in 2012. Professor Sallis has further Board experience including amongst others, Chairman of the Registration Advisory Board of the British Association for Counselling and Psychotherapy, Trustee of the Jersey Heritage Trust, Non-Executive Director of the Institute for Learning, and Delegation Member of the Bretagne / States of Jersey Group de Travail. Professor Sallis is a Fellow of the Institute of Directors and is also a Member of the States of Jersey Appointments Commission. In 2010, he was awarded an O.B.E. for services to Education.

Mrs. Deborah Ann Thompson.

Mrs. Deborah Thompson is a qualified physiotherapist and a Chartered Psychologist, who has practiced both in Jersey and in the U.K. In 2008, she was appointed to her current role as Head of Psychology at Beaulieu Convent School. Mrs. Thompson has served as a Member of the Youth Court Panel since 2005, and is also a Member of the Board of Governors of Beaulieu Convent School.