Health and Safety Appeal Tribunal: Members

Information about the publication of Ministerial Decisions

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A decision made 27 March 2012:

Decision Reference: MD-S-2012-0026

Decision Summary Title :

Health and Safety at Work Appeal Tribunal 3/17/2

Date of Decision Summary:

20th March 2012

Decision Summary Author:

Head of Governance

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 members to the Health and Safety Appeal Tribunal

Date of Written Report:

20th March 2012

Written Report Author:

Head of Governance

Written Report :

Public or Exempt?

(State clauses from Code of Practice booklet)

Public

Subject:

Appointment of members to the Health and Safety Appeal Tribunal.

Decision(s):

The Minister decided to recommend to the States the appointment of Advocate Caroline Dorey as Deputy Chairman, and Mr Nigel Collier Webb and Mr John Mc Court as members, to serve on the Health and Safety Appeal Tribunal for three year terms of office, commencing on the 1st May 2012.

Reason(s) for Decision:

The requirement for the appointment, by the States, of members to the Health and Safety Appeal Tribunal to replace an existing member whose term of office is due to expire on the 31st March 2012, an existing member who has resigned with effect from the 30th April 2012, and to fill the vacant position of Deputy Chairman.

Resource Implications:

There are no implications for the financial or manpower resources of the States.

Action required:

Request the Greffe to arrange for the report and proposition to be lodged ‘au Greffe’ for debate at the earliest opportunity by the States.

Signature:

Position:

Date Signed:

Date of Decision (If different from Date Signed):

Health and Safety Appeal Tribunal: Members - Appointment of

Appointment of members to the Health and Safety Appeal Tribunal

1. SUMMARY

The three year term of office of one of the existing members of the Health and Safety Appeal Tribunal (Tribunal), Mr Timothy Paul Darwin, expires on the 31st March 2012. In addition, the position of Deputy Chairman is currently vacant. Appointments to the Tribunal are made by the States on a proposition of the Minister for Social Security.

The Minister is asked to consider applications which have been made by persons who have put their names forward for consideration to become either Deputy Chairman or a member of the Tribunal, and decide upon the recommendation of the appointments to the States.

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 Committee in relation to licensing provisions.

The Health and Safety at Work (Appeal Tribunal) (Jersey) Regulations, 1989, sets out the arrangements for the Tribunal, including the appointment of members for a 3 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 2 other members.

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 (Code), 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.

The term of office of 1 of the present members, Mr Timothy Paul Darwin, expires on the 31st March 2012. Mr Darwin has served on the Tribunal for 9 years and therefore, under the terms of the Code, is ineligible to serve a further 3 year term of office. The post of Deputy Chairman has been vacant since 2011. Applications were therefore sought from persons wishing to put their names forward for consideration to become the Deputy Chairman and a member of the Tribunal.

In meeting the requirement of the Code to provide an opportunity for individuals who may have an interest in serving on the Tribunal, a notice was placed in the Public Notices section of the Jersey Evening Post on the 8th and 9th February 2012.

Applications for consideration

Applications in response to the notice in the Jersey Gazette have been received from the following persons who wished to be appointed to become members of the Tribunal:

Mr Nigel Collier Webb. Mr Collier Webb is the Programme Coordinator (Jersey Domestic Violence Forum), reporting to the Assistant Chief Probation Officer. He is also a member of the Health Services Disciplinary Tribunal.

Mr John Mc Court. Mr Mc Court was employed as Projects and Facilities Manager for 14 years by the States of Jersey Police, before retiring in June 2011. He is a member of the International Institute of Risk and Safety Management.

Advocate Caroline Dorey was approached and agreed for her name to be put forward for the position of Deputy Chairman. Advocate Dorey is a partner with Backhurst, Dorey & Crane, specialising in personal injury and insurance litigation. Advocate Dorey was called to the Jersey Bar in 1984. She is also Chairman of the Criminal Injuries Compensation Board.

Comment on applications

During the last round of appointments to the Tribunal in 2011, an existing member, Dr Llewellin, who had completed his term of office, indicated that he would be willing to stand down if another person wished to put their name forward. At that time, no other applications were received and Dr Llewellin was reappointed to serve a third term of office.

As applications to become a member have been made by 2 individuals who it is considered would be suitable, Dr Llewellin was contacted and asked whether he wished to resign, and he has subsequently written to the Minister to this effect advising that he will resign from the Tribunal. This has resulted in 2 vacancies for member of the Tribunal becoming available.

It is therefore recommended that both Mr Nigel Collier Webb and Mr John Mc Court be appointed to serve as members of the Tribunal for a 3 year term of office.

Advocate Dorey is an experienced Advocate who has dealt with a number of health and safety at work cases and is therefore very familiar with health and safety legislation. It is therefore recommended that Advocate Dorey be appointed as Deputy Chairman of the Tribunal.

Financial implications

The members of the Appeal Tribunal serve on a voluntary basis and there are therefore no financial implications for the appointment of a member of the Appeal Tribunal.

3. RECOMMENDATION

The Minister is asked to agree to a report and proposition being lodged with the States recommending the appointment of Advocate Dorey to the post of Deputy Chairman, and appointment of Mr Nigel Collier Webb and Mr John Mc Court as members of the Health and Safety Appeal Tribunal, each for a three year term of office commencing on the 1st May 2012.

Janice Waddell

Head of Governance

20th March 2012