Nomination of Advocate Deborah Lang as a Commissioner of the Jersey Financial Services Commission (23.09.08)

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A decision made (23.09.08) to agree the nomination of Advocate Deborah Lang as a Commissioner of the Jersey Financial Services Commission

Decision Reference: MD-E-2008-0187
Decision Summary Title :	Appointment of Commissioner of the Jersey Financial Services Commission		Date of Decision Summary:	23 September 2008
Decision Summary Author:	Robert Jones Finance Industry Assistant		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 :	Appointment of Commissioner of the Jersey Financial Services Commission		Date of Written Report:	9 September 2008
Written Report Author:	Colin Powell Chairman of Jersey Financial Services Commission		Written Report : Public or Exempt? (State clauses from Code of Practice booklet)	Public
Subject: Lodging of a proposition to appoint Advocate Deborah Lang as a Commissioner of the Jersey Financial Services Commission (“the Commission”).
Decision(s): The Minister agreed the nomination of Advocate Lang for appointment by the States under Article 3(2)(a) of the Financial Services Commission (Jersey) Law 1998. The Minister approved the proposition and the attached report and that these should be lodged au Greffe.
Reason(s) for Decision: A vacancy will arise on the Commission on 30 November 2008, when Advocate Michael Clapham retires. A proper recruitment process has been followed by a sub-committee of the Commission and Advocate Lang has been selected as the most suitable candidate. 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 for Economic Development.
Resource Implications: There are no resource or manpower implications
Action required: The proposition and the attached report to be lodged au Greffe.
Signature: Senator P.F.C.Ozouf		Position: Minister
Date Signed:		Date of Decision (If different from Date Signed):

Nomination of Advocate Deborah Lang as a Commissioner of the Jersey Financial Services Commission (23.09.08)

MEMORANDUM

To:

Name:

Minister for Economic Development

From:

Name:

Colin Powell

Chairman

File Ref:

CFR/D1-09

Date:

9 September 2008

Appointment of a Commissioner of the Jersey Financial Services Commission

1 Issue

1.1 A vacancy for a Commissioner will occur following the retirement of Advocate Michael Clapham on 30 November 2008, having completed two terms.

1.2 Article 3 of the Financial Services Commission (Jersey) Law 1998 (the “Law”) stipulates that the States shall appoint Commissioners from persons nominated by the Minister for Economic Development (the “Minister”).

2. Search for a new Commissioner

2.1. The Law requires the Board of Commissioners to include persons with experience of the type of financial services supervised by the Commission, regular users of such financial services, and individuals representing the public interest. The Law further requires the composition of the Board to be such as to secure a proper balance between the interests of persons carrying on the business of financial services, the users of such services and the interests of the public at large.

2.2. To ensure such a proper balance on the Board, the Commission decided, on this occasion, to seek a replacement Commissioner to represent the public interest but who preferably also had experience of the type of financial services supervised by the Commission.

2.3. The search for a Commissioner with such experience has followed an open and transparent process, which included public advertising of the vacancy. The recruitment process followed procedures agreed with, and overseen by, the Jersey Appointments Commission (“JAC”) and the JAC has confirmed that the recruitment process has met its requirements for openness of competition, impartiality, equality of opportunity and selection based on merit.

2.4. In undertaking the search, the Board had in mind the following criteria:

2.4.1 Experience

· Experience at a senior level of the type of financial services supervised by the Commission.

· A sound knowledge of the workings of the Island including its political and commercial environment.

· A working knowledge of the local and international environments in which the Commission operates.

· Preferably educated to degree level or above.

2.4.2 Personal Style and Behaviour

· A thorough understanding of, and commitment to, the public interest.

· A high level of analytical ability, combined with an ability to take a wide view on regulatory matters as they affect Jersey.

· A high standard of integrity, impartiality, transparency and objectivity in the performance of his/her functions, and an ability to work as a member of a team.

· An understanding of the need for, and commitment to, international standards as they apply to the finance industry.

· An appreciation of the importance of innovation, flexibility and enterprise in the local finance industry.

· Recognized as having stature in the local community.

2.5. The Commission delegated to an Appointments Panel, made up of the Chairman, Commissioner Sir Nigel Wicks, Commissioner Clive Jones and Elizabeth Rees (representing the JAC), consideration of the applicants for the position. The Panel considered eight applications against the agreed criteria and short listed three candidates. One of the short listed candidates withdrew their application and the Panel interviewed the two remaining candidates for the position. The Panel recommended to the Board of Commissioners that Advocate Deborah Lang should be recommended to the States for appointment, through the Minister for Economic Development.

3. Recommendation

3.1. The Board of Commissioners considered the Panel’s recommendation and, on 3 September 2008, decided that Advocate Deborah Lang was a suitable candidate to fill the vacancy created by the retirement of Advocate Michael Clapham. The Board therefore recommends Advocate Deborah Lang to the Minister.

3.2. A biography for Advocate Deborah Lang is shown in the attached draft Report and Proposition, which I have prepared for the convenience of the Minister.

3.3. Should the Minister so desire, I would be pleased to attend on him to discuss the recommendation.

Colin Powell