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Governance overview
by Sir David Michels, Deputy Chairman

A strong Board

A strong Board makes a significant difference to a company’s ability to create value. As Deputy Chairman I lead on all governance issues including the annual review of Board and individual directors’ effectiveness, and the implementation of a successful succession strategy for the business.

A key task, given to me in my first few weeks as Deputy Chairman, was to recruit a new independent non-executive director. In October 2008 we appointed Jan du Plessis to that role. He joins me and the other four non-executive directors who are independent and bring an external dimension to the Board, drawing on their wide range of experience across industry sectors.

Photo of Sir David Michels, Deputy Chairman

Sir David Michels Deputy Chairman

Succession timetable

We have always said that our aim is to develop a strong management team and appoint a successor as Chief Executive internally if appropriate. That was the genesis of the decision the Board took in 2008, when it concluded that it would be in the best interests of the Company to retain Sir Stuart Rose until 2011.

If internal succession is appropriate, we would expect to announce the appointment of a new Chief Executive during 2010. Stuart would then stay on for a suitable period to affect a smooth transition before we identify an independent Chairman and revert to recommended best practice.

In the event that internal succession is not an option, we will instigate a search and appoint a new Chief Executive during 2010. In this case, Stuart would again stay on to ensure a seamless transition before being replaced by an independent Chairman.

Voting at this year’s AGM

You will have seen that the Local Authority Pension Fund Forum (LAPFF) has filed a shareholder resolution. Although LAPFF continues to have confidence in Stuart’s leadership and is not advising its members to vote against his re-election, it is calling for M&S to split the role of Chairman and Chief Executive, appointing an independent Chairman by 2010.

The M&S Board is fully aware of its governance responsibilities and for that reason has always been transparent about the reasons for Stuart taking on the role of Executive Chairman.

We remain strongly of the view that the current combined role is the right choice for M&S at this time, and that we have an appropriate succession timetable in place to lead M&S through this challenging period. For this reason we recommend that shareholders vote against the LAPFF resolution.

Please refer to the Notice of Meeting document in the download centre to read the LAPFF resolution and our response, as well as full details on how to vote.

Sir David Michels signature

Sir David Michels Deputy Chairman



125 YEARS OF INNOVATION

The sell by date means that St Michael foods are fresh!

1970 We've always believed fresh is best. That’s why we introduced sell-by dates on our food in 1970. But as we were years ahead of the government and other retailers, the idea took some explaining. Our Sell-By PR campaign helped to establish the idea in the public consciousness.

1972 advert

1972 We launched a major fresh chicken advertising campaign that included a television commercial as well as newspaper advertisements using the slogan: "Remember when chicken used to taste like chicken?"

M&S Governance

Leadership and governance go hand-in-hand in a successful company. For both to work well you need a clear plan of what you want to achieve. Following its 2008/09 performance review, the Board has agreed actions for 2009/10 within three key areas to ensure our governance is robust and continues to add value to Marks & Spencer:

Diagram showing the relationships between the M&S board, various committees and groups

1. An independent Board

Harness the experience and talent of the non-executive directors to invest in the business for the long term, so M&S is well placed when the market improves.

Chairman (1) executive
Executive Directors (3) executive
Deputy Chairman (1) independent
Non-Executive Directors (5) independent

2. An informed Board

Improve the depth and breadth of information given to the Board to facilitate robust decision-making during the economic downturn (see diagram above).

3. A responsible Board

Reinforce our brand reputation and stakeholder relationships for the long-term success of M&S through our brand values, Plan A and code of ethics.

  • Our investors are rewarded with profitable returns
  • Our customers experience Quality, Value, Service, Innovation and Trust every time they shop with us
  • Our employees are proud to work at M&S
  • Our suppliers are engaged in profitable partnerships
  • Our communities and the environment benefit from our sustainable business