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The Isle of Man Treasury has been commenting on the procedures for appointing representatives to a number of public bodies including the Radio Manx Trust.
The comments come in response to a query about the Radio Manx Trust from the Celtic League earlier this month.
Strangely, although the body is not required to publish minutes or a report the Treasury point out `reassuringly' that it does produce a report voluntarily.
The League is currently studying the reply and a number of enclosures included
with it. The full text of the Treasury response is set out below:
“Re: Bodies for which Treasury is Responsible for Appointments
Further to our recent discussions regarding the above matter, I can advise that the Statutory Bodies the Treasury appoints to are as follows:
- Financial Supervision Commission: Treasury is responsible for appointing the chair and Board in accordance with Schedule 1 of The Financial Services Act
2008.
- Insurance and Pensions Authority: Treasury is responsible for appointing the chair and the Board in accordance with Schedule 1 of the Insurance Act 2008.
- Gambling Supervision Commission: Currently, the Council of Ministers and Tynwald are responsible for appointments to the Gambling Supervision Commission in accordance with Schedule 1 of the Gambling (Amendment) Act 2006. The Gambling Supervision Bill 2010, which is currently awaiting Royal Assent, would transfer this responsibility to the Treasury.
For reasons of completeness and although perhaps not strictly applicable within the scope of your original query, the Treasury is notified and may comment on the appointment of the Board of Laxey Glen Mills Limited. Whilst responsibility for appointing a Board member rests with a majority vote from the Directors, such a vote would take place at a General Meeting to which Treasury, as a
shareholder, would be invited to attend. This is in accordance with the Companies Act and the Articles of Association of Laxey Glen Mills Limited.
In relation to your specific query regarding the Manx Radio Purpose Trust and to those questions raised in your letter of 10th September 2010 I can advise as follows:
On an ongoing basis the Treasury has no role in the appointment of members to the Trust. The power to appoint members to the Trust is vested in the Enforcer of the Trust, the Enforcer being an independent body. This is specified in Sections 10 and 11 of the Declaration under which the Radio Manx Purpose Trust was established in 2006. I have attached a copy of the Deed for your further
information.
However, in 2006 the inaugural members of the Trust were appointed by the Treasury. An open application process was instigated inviting interested parties to apply for the role.
Following review and selection, recommendations were subsequently made to and approved by Tynwald.
For completeness, the inaugural Enforcer was also appointed by the Treasury following a similar recruitment process which was carried out by the Chief Secretary's Office and again subject to Tynwald approval being granted. The Enforcer is responsible for appointing their successor and this appointment would become effective once a written instrument declaring such is received by the Trustees.
The Trustees are not subject to the same code of conduct set out by the Appointments Commission as the administration of the Trust is the responsibility of the Trustees. However, the Trustees and Enforcer are, by way of their Deed of Appointments, required to declare any personal or financial connection with Radio Manx Limited to the Treasury.
The Declaration under which the Manx Radio Purpose Trust was established stipulates the methods and responsibilities of the Enforcer in accordance with the Purpose Trust Act 1996. Therefore the Appointments Commission is not required to perform such a function.
Although the Trustees are not obliged to publish minutes of their meetings or produce a separate annual report for the Treasury or Tynwald, such a report is produced and published as part of the Manx Radio Annual Report which is presented to Tynwald in October each year.
I trust this suitably answers your query, however, should you require any further information please do not hesitate to ask.
Yours sincerely
P M Shimmin
Chief Financial Officer”
Related article on Celtic News here:
J B Moffatt (Mr)
Director of Information
Celtic League
18/09/10
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