Independent Jersey Care Inquiry: Legal Representation for Home Affairs Department: Appointment

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A decision made 6 October 2015:

Decision Reference: MD-HA-2015-0066
Decision Summary Title :	Appointment of Legal Representation for Committee of Inquiry into Child Abuse		Date of Decision Summary:	2 October 2015
Decision Summary Author:	Chief Officer		Decision Summary: Public or Exempt? (State clauses from Code of Practice booklet)	Public
Type of Report: Oral or Written?	Oral		Person Giving Oral Report:	Chief Officer
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 Home Affairs Department in matters relating to the Independent Jersey Care Inquiry, a Committee of Inquiry established by the States of Jersey (the “Inquiry”).
Decision(s): The Minister requests the Chief Officer to appoint Lacey Advocates to act for the Minister and the Home Affairs Department in relation to all matters arising relating to and concerning the Inquiry.
Reason(s) for Decision: On 6 March 2013 the States of Jersey agreed that a Committee of Inquiry (COI) should be established in accordance with Standing Order 146 “to enquire into a definite matter of public importance, namely historical child abuse in Jersey”. The Home Affairs Department, as is the case with other Ministers and States Departments, holds relevant information to the work of the Inquiry. The Minister and the Department now require legal advice and representation in relation to various issues arising concerning the Inquiry. The Law Officers Department is unable to provide this assistance because of a conflict of interests. There is the need for a consistent approach across all States Departments towards the Inquiry. Many of the anticipated issues arising requiring legal advice are common across the States Departments. Three States of Jersey employees are currently working under the direct supervision of Lacey Advocates’ in the provision of information and evidence to the Inquiry in order to contain costs. It is, therefore, intended that Lacey Advocates will represent all States Departments, unless a specific issue arises that Lacey Advocates advise requires separate legal representation.
Resource Implications: The precise resource implications are at this stage unknown until further is understood regarding the requirements of the IJCI and the extent of documentation required to be produced. The Treasury Minister has allocated a 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. 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 Chief Officer to appoint Lacey Advocates to act for the Home Affairs Department in all matters relating to the Inquiry on terms as agreed by the other States Departments.
Signature:		Position: Minister for Home Affairs
Date Signed:		Date of Decision (If different from Date Signed):