Chief Minister's tax returns (FOI)

​Request

In the same spirit of openness and transparency demonstrated by the UK Prime Minister this week, please could I have a copy of each of Senator Ian Gorst's tax returns covering the time he has held the office of Chief Minister?

Response

Article 29 of the Freedom of Information (Jersey) Law 2011 - Other prohibitions or restrictions states that:

Information is absolutely exempt information if the disclosure of the information by the scheduled public authority holding it –

(a) is prohibited by or under an enactment;
(b) is incompatible with a European Union or an international obligation that applies to Jersey; or
(c) would constitute or be punishable as a contempt of court.

Members of the Income Tax office are prohibited from disclosing information by virtue of Schedule 1 to the Income Tax (Jersey) Law 1961 whereby the Comptroller (and Deputy) and Officers of that department take an Oath of Office before the Royal Court which provides, inter alia, that:

“you will not disclose any information which may come to your knowledge in the performance of your duties, except to such persons only as shall act in execution of the said laws and where it shall be necessary to disclose the same to them for the purposes of the said laws, or in so far as you may be required to disclose the same for the purposes or in the course of a prosecution for an offence against the said laws.”  

Therefore, the information requested is absolutely exempt information under Article 29 of the Freedom of Information (Jersey) Law 2011, because the disclosure of the information by the Scheduled Public Authority holding it is prohibited by or under an enactment.