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Information and public services for the Island of Jersey

L'înformâtion et les sèrvices publyis pouor I'Île dé Jèrri

Independent Jersey Care Inquiry: Legal Representation for Home Affairs Department: Appointment

A formal published “Ministerial Decision” is required as a record of the decision of a Minister (or an Assistant Minister where they have delegated authority) as they exercise their responsibilities and powers.

Ministers are elected by the States Assembly and have legal responsibilities and powers as “corporation sole” under the States of Jersey Law 2005 by virtue of their office and in their areas of responsibility, including entering into agreements, and under any legislation conferring on them powers.

An accurate record of “Ministerial Decisions” is vital to effective governance, including:

  • demonstrating that good governance, and clear lines of accountability and authority, are in place around decisions-making – including the reasons and basis on which a decision is made, and the action required to implement a decision

  • providing a record of decisions and actions that will be available for examination by States Members, and Panels and Committees of the States Assembly; the public, organisations, and the media; and as a historical record and point of reference for the conduct of public affairs

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The Freedom of Information Law (Jersey) Law 2011 is used as a guide when determining what information is be published. While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.

A decision made 6 October 2015:

Decision Reference: MD-HA-2015-0066

Decision Summary Title :

Appointment of Legal Representation for  Committee of Inquiry into Child Abuse

Date of Decision Summary:

2 October 2015

Decision Summary Author:

 

Chief Officer

Decision Summary:

Public or Exempt?

(State clauses from Code of Practice booklet)

Public

Type of Report:

Oral or Written?

Oral

Person Giving

Oral Report:

Chief Officer

Written Report

Title :

n/a

Date of Written Report:

n/a

Written Report Author:

n/a

Written Report :

Public or Exempt?

(State clauses from Code of Practice booklet)

n/a

Subject: Legal Representation for the Home Affairs Department in matters relating to the Independent Jersey Care Inquiry, a Committee of Inquiry established by the States of Jersey (the “Inquiry”).

Decision(s): The Minister requests the Chief Officer to appoint Lacey Advocates to act for the Minister and the Home Affairs Department in relation to all matters arising relating to and concerning the Inquiry.

Reason(s) for Decision: On 6 March 2013 the States of Jersey agreed that a Committee of Inquiry (COI) should be established in accordance with Standing Order 146 “to enquire into a definite matter of public importance, namely historical child abuse in Jersey”.

 

The Home Affairs Department, as is the case with other Ministers and States Departments, holds relevant information to the work of the Inquiry. The Minister and the Department now require legal advice and representation in relation to various issues arising concerning the Inquiry. The Law Officers Department is unable to provide this assistance because of a conflict of interests.

  

There is the need for a consistent approach across all States Departments towards the Inquiry.

 

Many of the anticipated issues arising requiring legal advice are common across the States Departments.

 

Three States of Jersey employees are currently working under the direct supervision of Lacey Advocates’ in the provision of information and evidence to the Inquiry in order to contain costs.

 

It is, therefore, intended that Lacey Advocates will represent all States Departments, unless a specific issue arises that Lacey Advocates advise requires separate legal representation.

Resource Implications: The precise resource implications are at this stage unknown until further is understood regarding the requirements of the IJCI and the extent of documentation required to be produced.

 

The Treasury Minister has allocated a budget for the IJCI, which includes a budgetary line for the reasonable costs of legal representation for the departments of the States of Jersey and employees, who may be called as witnesses before the IJCI.  Regular reports regarding estimated and actual expenditure on legal advice will be presented to the Minister and the Treasurer of the States to ensure the supervision of legal expenditure.

Action required: To request the Chief Officer to appoint Lacey Advocates to act for the Home Affairs Department in all matters relating to the Inquiry on terms as agreed by the other States Departments.

Signature:

 

 

Position:

 

 

 

Minister for Home Affairs

Date Signed:

 

 

Date of Decision (If different from Date Signed):

 

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