Jersey Development Company's current Non-Executive Director (FOI)

Request

Following the successful proposition discussed in the States assembly in 2014 (P.149/2014) I would like to ask the following questions of the Jersey Development Company which they are required to answer by law.

There is one Non-Excutive Director (NED) of the Jersey Development Company (JDC) who has been appointed to represent the interests of the Treasury Minister as their representative of the Government of Jersey.

A

What is the name of that current NED?

B

When is their appointment due to expire?

C

How much does this person receive IN TOTAL for this post? (Please break down as salary, expenses and bonuses and anythign else)

D

Does this person provide a written report to the Treasury Minister and, if so, where can that be accessed? 

E

If no report to the Minister is provided, how does this person convey what is happening to the Minister and where is this information recorded?

F

Is there a Memorandum of Understanding (MoU) in place for the NED who represents the Treasury Minister? 

G

Where can the MOU be viewed? 

H

How often do the Minister and this specific NED meet to discuss the views of the Government of Jersey to ensure that the public views are expressed at all meetings and that the NED is not representing themself? 

I

Is the Minister kept in touch with board meetings taking place and the agendas for such meetings so that they are able to advise their representative NED in advance of these meetings?

J

Who is responsible for ensuring that the Minister is kept advised?

Response 

Proposition 149/2014 was adopted by the Assembly in 2014 and had the effect of approving the principle that the Freedom of Information (Jersey) Law 2011 should be extended to companies either wholly owned by the States, or companies in which the States holds a controlling interest as majority shareholder. Part b) of the Proposition requested the Chief Minister to “bring forward the necessary legislation to give effect” to this proposed extension of the Freedom of Information (FOI) Law.  To-date, the extension to the Law has not been effected and therefore The States of Jersey Development Company Limited (SoJDC) is not subject to Freedom of Information regulations. 

As such the responses to the questions are provided from information held by the Treasury & Exchequer Department which is a Scheduled Public Authority as listed in Schedule 1 of the Freedom of Information (Jersey) Law 2011.

The Non-Executive Director (NED) of States of Jersey Development Company who has been appointed to represent the interests of the Minister for Treasury & Resources is known as the Ministerial Appointee.

A

The identity of the current NED acting as the Minister’s Ministerial Appointee has been published on www.gov.je, please see the link below: 

Board of the States of Jersey Development Company Limited: Appointment of Ministerial Appointee (gov.je)

Article 23 of the Freedom of Information (Jersey) Law 2011 has been applied.

B

If the States Assembly votes in favour of Proposition 34/2023, the Ministerial Appointee’s term of office as a NED is extended for a period of up to three years from July 2023. For further information, please see the link below: 

Proposition 43-2023.pdf (statesassembly.gov.je) 

C

The individual acting as the Ministerial Appointee receives no remuneration for this role.  The individual does receive remuneration for acting as a NED, the information for which is publicly available on the Jersey Development Company website and can be accessed via the link below.  

Financials (jerseydevelopment.je)

Article 23 of the Freedom of Information (Jersey) Law 2011 has been applied.

D

The Ministerial Appointee does not provide a written report to the Minister for Treasury & Resources.

E

The MoU between the Minister of Treasury & Resources and SoJDC requires that quarterly formal shareholder meetings are held. The Ministerial Appointee attends these meetings, and this provides a formal forum for them to report as the Appointee, besides the usual reports from the Board. The Appointee is also available to meet with the Minister as circumstances dictate or as the Minister deems necessary. Informal notes of these meetings are retained.

F

There is no MoU in place for the Ministerial Appointee.

G

Not applicable, please see answer to question F.

H

Please see answer to question E. 

I

The Minister does receive reports on board matters and is sighted on forthcoming agenda items, through the quarterly meeting reporting cycle.

J

Responsibility for advising the Minister for Treasury & Resources as the Shareholder on matters relating to SoJDC rests with the whole Board, including the Executive Directors. In reality, interaction between the company and Government is significantly greater than the formal quarterly shareholder meetings referenced in this response. There is open and transparent dialogue with many areas of Government on an ongoing basis, Treasury officers are generally part of those discussions and can bring pertinent matters to the Minister’s attention as required.

Article applied 

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.