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