Historical Child Abuse: Committee of Inquiry: Appointment of Legal Representation for Education, Sport and Culture Department

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A decision made 4 April 2014:

Decision Reference: MD-ESC-2014-0005
Decision Summary Title :	Appointment of Legal Representation for the Independent Jersey Care Inquiry (“IJCI”)		Date of Decision Summary:
Decision Summary Author:	Jeremy Harris, Head of Policy and Strategy, DfESC		Decision Summary: Public or Exempt? (State clauses from Code of Practice booklet)	Public
Type of Report: Oral or Written?	Oral		Person Giving Oral Report:	Jeremy Harris, Head of Policy and Strategy, DfESC
Written Report Title :	N/A		Date of Written Report:	N/A
Written Report Author:	N/A		Written Report : Public or Exempt? (State clauses from Code of Practice booklet)	N/A
Subject: Legal Representation for the Education, Sport and Culture Department ( “ESC”) in matters relating to the IJCI
Decision(s): The Minister requests the Head of Policy and Strategy, ESC to appoint Lacey Advocates, to act for the Department for Education, Sport and Culture in relation to all matters arising relating to and concerning the IJCI.
Reason(s) for Decision: On 6 March 2013 the States of Jersey agreed that a Committee of Inquiry (COI), now known as the Independent Jersey Care Inquiry (IJCI), should be established in accordance with Standing Order 146 “to enquire into a definite matter of public importance, namely historical child abuse in Jersey” ESC and other States of Jersey departments require legal advice and representation in relation to various issues arising in relation to the IJCI. There is the need for a consistent approach across all States of Jersey departments towards the IJCI. Many of the anticipated issues arising requiring legal advice will be common across the departments. Lacey Advocates already act for the Minister for Health and Social Services in relation to the Historic Abuse Redress Scheme and as the Scheme Lawyers already hold considerable data relevant to the IJCI. It is therefore intended that Lacey Advocates will represent all States departments, unless a specific issue arises that Lacey Advocates advises requires separate legal representation.
Resource Implications: The precise resource implications are at this stage unknown until further is understood regarding the procedure to be adopted by the IJCI, and the extent of documentation required to be produced. The Treasury Minister has allocated a £6million budget for the IJCI, which includes a budgetary line for the reasonable costs of legal representation for the departments of the States of Jersey and employees, who may be called as witnesses before the IJCI. Following this decision, regular reports regarding estimated and actual expenditure on legal advice will be presented to the Minister and the Treasurer of the States to ensure the supervision of legal expenditure.
Action required: To request the Head of Policy and Strategy to appoint Lacey Advocates to act for ESC in all matters relating to the IJCI.
Signature:		Position: Minister for Education, Sport and Culture
Date Signed:		Date of Decision (If different from Date Signed):