Work Licences (FOI)

Request

A

Please can you advise how many J category licences have been approved in each of the last 10 years. Figures to include 2018 so far, and to be broken down by sector.

B

Who determines if a J category licence is approved?

C

What study has been conducted to determine the true cost of each J category licence, given the extra pressure placed on island infrastructure, particularly in relation to house prices, health and education?

D

With regard to the current recruitment campaign for police officers, where both local residents and transferees are invited to apply, how many J category licences have been authorised?

E

Further to question D, why is there a perceived need to attract transferees before the availability of suitable local candidates has been determined? Please provide all relevant minutes and correspondence in relation to this matter.

Response

A

The Scheduled Public Authority (SPA) are unable to provide this information prior to 1 July 2013, as the SPA does not hold the data prior to the Control of Housing and Work (Jersey) 2012 (CHWL). The CHWL came into effect 1 July 2013.

The information requested is exempt under Article 23 of the Freedom of Information (Jersey) Law 2011 (the FOI Law) from 2015 onwards as the information is accessible by other means.

Each quarter and annually the SPA publish data on Registered and Licensed permissions that have been requested, granted, refused and removed by industry sector.

This data is available from the site below from 2015 onwards:

Population Office reports and documents

Tables of the 2013 and 2014 data are provided in the following attachment:

Registered and Licences Permission data for 2013 and 2014

B

The Chief Minister is responsible for the CHWL and delegates those responsibilities to the Assistant Chief Minister. Business Licensing Officers, of the Population Office, have delegated powers to make decisions under the CHWL including determining applications made by businesses for Licensed permissions.

C

The SPA does not hold this information.

D

Article 25 of the FOI Law has been applied to this question as the number is small and may identify individuals.

E

Response provided by Human Resources (HR), Community and Constitutional Affairs.

Approval was granted by the Population Office in March 2017 to recruit six Police Officers from off Island. To date, fewer than five individuals have been appointed. Under Article 25 (Personal Information) of the FOI Law disclosure control has been applied to the number of appointments in order to protect the identity of individuals.

The States of Jersey Police have not recruited new recruit officers for over two years. The current financial position and establishment now provides for an opportunity to recruit. We are in the process of developing a new policing model. New recruits take up to two years to become fully competent through this probationary period. A mixed intake this year of both local new recruits and a small number of UK qualified and experienced officers with specialist Neighbourhood policing skills, will ensure we are able to deliver the most efficient and effective policing service to our island community, which will see an emphasis on Community Policing.

On 20 March 2018, a HR Board agreed to this approach. Minutes are not taken at these meetings, however, actions were agreed as below:

Please see below an excerpt of a letter from the Former Chief of Police to HR sent on 24 March 2017;

Excerpt of letter dated 24 March 2017

Articles applied

Article 10 - Obligation of scheduled public authority to confirm or deny holding information.

(1) Subject to paragraph (2), if –

(a) a person makes a request for information to a scheduled public authority; and (b) the authority does not hold the information,

it must inform the applicant accordingly.

Article 23 Information accessible to applicant by other means

(1) Information is absolutely exempt information if it is reasonably available to the applicant, otherwise than under this Law, whether or not free of charge.

(2) A scheduled public authority that refuses an application for information on this ground must make reasonable efforts to inform the applicant where the applicant may obtain the information.

Article 25 Personal information

(1) Information is absolutely exempt information if it constitutes personal data of which the applicant is the data subject as defined in the Data Protection (Jersey) Law 2005.

(2) Information is absolutely exempt information if –

(a) it constitutes personal data of which the applicant is not the data subject as defined in the Data Protection (Jersey) Law 2005; and

(b) Its supply to a member of the public would contravene any of the data protection principles, as defined in that Law.