Risks assessments for Overseas Aid grants (FOI)

OriginalRequest

The consolidated grant expenditure disclosure from the States of Jersey annual accounts shows that £13,960,226 was given in Overseas Aid grants. Please provide the Terrorist Financing and Proliferation Financing Risk Assessments for any individual grants of more than £500,000.

This request only relates to grants given by Jersey Overseas Aid.

Original Response

The information requested is not held by the Government of Jersey. Article 3 of the Freedom of Information (Jersey) Law 2011 applies.

You may however wish to contact Jersey Overseas Aid Commission:

Contact details: Enquiries@joa.je

Article applied

Article 3 - Meaning of “information held by a public authority”

For the purposes of this Law, information is held by a public authority if –

(a)     it is held by the authority, otherwise than on behalf of another person; or

(b)     it is held by another person on behalf of the authority.

Internal Review Request

I would like to request an internal review. 

Under the Law Public Authorities include  a committee or other body established by a resolution of the States or by, or in accordance with, standing orders of the States Assembly or...

to the extent not included in paragraph (a) to (g) above, any body (whether incorporated or unincorporated) –

which is in receipt of funding at least half of which is from the States in one or more years…

which is appointed, or whose officers are appointed, by a Minister,

Jersey Overseas Aid was established by statute, is 100% funded by the States and has its committee is entirely appointed by the States. It is a Public Authority. I cannot make out from your response whether you accept that or not. 

I do not understand why you would suggest that I contact the Jersey Overseas Aid Commission. What would that achieve? If they have something, then you are obliged to provide it. If no such risk assessments have been carried out, please say so in clear and unambiguous language.

Internal Review Response 

This review has been completed by two senior staff members of the Government of Jersey, independent of the original decision-making process. The original response has been reviewed and assessed to identify whether the application of the exemption had been applied correctly.  

Jersey Overseas Aid Commission (JOAC) is not a Scheduled Public Authority under the Freedom of Information (Jersey) Law 2011 therefore not subject to Freedom of information Legislation, and the requested information is not held by the Government of Jersey. Article 3 of the Freedom of Information (Jersey) Law 2011 applies in this instance. 

It is noted that paragraph (3) of Schedule 1 of Freedom of Information (Jersey) Law captures bodies established by the Assembly.

JOAC does fall within the meaning of the term "a body, office or unit of administration of the States" as defined in Article 1 of the Freedom of Information (Jersey) Law 2011 as follows: 

"administration of the States" means – 

(a)     a department established on behalf of the States; and 

(b)     a body, office or unit of administration, established on behalf of the States (including under an enactment); 

The JOAC is a body established by an enactment and therefore falls within (b) of this definition. 

In the definition of "public authority" in Article 1 of the Law, the public authorities that are an "administration of the States" are referred to as a distinct type of public body from the bodies established by a resolution of the Assembly or under Standing Orders.

Under the Law, paragraph (4) of Schedule 1 makes it clear that a subset of that group, namely the Government Departments established on behalf of the States, were Scheduled Public Authorities.  The effect of the Law is that the JOAC and other bodies, offices and units of administration established by an enactment are public authorities that are capable of being added to Schedule 1, including using the power to amend that Schedule in Article 6 of Law,  however they are not covered by Schedule 1 unless so added (this is illustrated by the addition of the Children Commissioner to Schedule 1 when that office was established).   

Schedule 1 of the Law applies to "Scheduled Public Authorities" as opposed to public authorities.

The Internal Review Panel therefore concluded that, as Jersey Overseas Aid Commission is not a Scheduled Public Authority as defined above, it is therefore not subject to Freedom of Information legislation and the original response is upheld.

However, there may be information pertinent to this request available on the Jersey Overseas Aid website, which can be accessed via the link below. 

Development Grants (joa.je)

Further information may be made available from Jersey Overseas Aid Commission, at their discretion. Please see the contact details below:  

Contact us (joa.je)

Article applied 

Article 3 - Meaning of “information held by a public authority”

For the purposes of this Law, information is held by a public authority if –

(a)     it is held by the authority, otherwise than on behalf of another person; or

(b)     it is held by another person on behalf of the authority.