Allegations of Corruption (FOI)

Request

I refer to the previously published Freedom of Information (FOI) response at the following link:

Corruption allegations (FOI)

This FOI response refers to the number of allegations of corruption in Jersey received by the States of Jersey Police in “the past five years” under the Corruption (Jersey) Law 2006 article 7 (corruption by any public official) or under any allegation of misconduct in a public office, at customary law.

The Corruption (Jersey) Law 2006 came into effect in early March 2008 under the Corruption (Jersey) Law 2006 (Appointed Day) Act 2007 which itself came into force on 27 February 2007.

I would like to know, for each year since the Corruption (Jersey) Law 2006 came into force –

A

How many allegations of corruption were made concerning public bodies under article 5 of the Corruption (Jersey) Law 2006?

B

The identity of the public bodies that were referenced in or by the allegations and the number of times the public body has been referenced in allegations of (a) corruption under the Corruption (Jersey) Law 2006 article 5; and (b) misconduct in a public office.

C

The number of times the allegations referenced at request B have been referred to an external police force for investigation.

D

The number of times the allegations referenced at request B have been referred, by the Police, to the Law Officers’ Department, the Solicitor General, and the Attorney General.

E

How many allegations of corruption were made in relation to corrupt transactions with agents under article 6 of the Corruption (Jersey) Law 2006?

F

How many allegations of corruption were made against public officials under article 7 of the Corruption (Jersey) Law 2006.

G

The number of times each public official, or class of public official, referenced by article 4(1) of the Corruption (Jersey) Law 2006 has been referenced in allegations of (a) corruption under the Corruption (Jersey) Law 2006 article 7; and (b) misconduct in a public office.

H

The number of times the allegations referenced at request G have been referred to an external police force for investigation.

I

The number of times the allegations referenced at request G have been referred, by the Police, to the Law Officers’ Department, the Solicitor General, and the Attorney General.

Response

The Corruption (Jersey) Law 2006 is available at the following link:

Corruption (Jersey) Law 2006

A, E and F

In several instances, investigations following receipt of allegations are concluded before they are formally categorised with a specific Article of the law. The number of recorded allegations made since 2006 are as follows.

Disclosure control has been applied to numbers less than five in order to protect the privacy of individuals, under Article 25 (Personal Information) of the Freedom of Information (Jersey) Law 2011.

B

(a) As no investigations were categorised into Article 5 of the Corruption (Jersey) Law 2006, this is not applicable.

(b) The investigations into alleged Misconduct in a Public Office all related to public officials, not public bodies, therefore the answer to this question is zero.

C

The total number of times an allegation against a public body of corruption or Misconduct in a Public Office has been referred to an external force is one.

D

The total number of times an allegation against a public body of corruption or Misconduct in a Public Office has been referred to the Law Officers’ Department, Solicitor General or Attorney General is one.

G

The applicable public officials as listed in Article 4(1) of the Corruption (Jersey) Law 2006 and the corresponding numbers investigated are recorded below.

Disclosure control has been applied to numbers less than five in order to protect the privacy of individuals, under Article 25 (Personal Information) of the Freedom of Information (Jersey) Law 2011.

H

The total number of times an allegation of corruption by a public official, or class of public official, or Misconduct in a Public Office has been referred to an external force is one.

I

The total number of times an allegation of corruption by a public official, or class of public official, or Misconduct in a Public Office has been referred to the Law Officers’ Department, Solicitor General or Attorney General is seven.

Article Applied

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 2018.

(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 2018; and

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

(3) In determining for the purposes of this Article whether the lawfulness principle in Article 8(1)(a) of the Data Protection (Jersey) Law 2018 would be contravened by the disclosure of information, paragraph 5(1) of Schedule 2 to that Law (legitimate interests) is to be read as if sub-paragraph (b) (which disapplies the provision where the controller is a public authority) were omitted.