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Information and public services for the Island of Jersey

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

Channel Island Financial Ombudsman: Approval for disclosure of information

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

Ministers are individually accountable to the States Assembly, including for the actions of the departments and agencies which discharge their responsibilities.

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 on 19 August 2022

Decision Reference:  MD-TR-2022-523

Public

Subject: Approval for disclosure of information - Channel Island Financial Ombudsman

 

Report Title: Approval for disclosure of information - CIFO

Public

Decision(s):

The Minister approved the disclosure of certain information from Revenue Jersey to the Channel Islands Financial Ombudsman to facilitate the exploration of the development of the regulation of occupational pension schemes, as set out in the attached report.

Reason for Decision(s):

The CIFO (Channel Islands Financial Ombudsman) incorporates the Office of the Financial Ombudsman under Jersey Law. CIFO wishes to receive information in relation to the practicalities of a potential expansion of its statutory functions to regulate occupational pension schemes. The Revenue Administration (Jersey) Law 2019 in Article 8(1) generally prohibits disclosure of information. Article 8(2) provides certain exceptions, and as CIFO is a public authority, there can be an exception for a purpose approved by the Minister The Minister considers that it is in the public interest that any expansion of statutory functions of the Office of the Financial Ombudsman are properly considered and are based on the best information available.

Resource Implications: It is understood that CIFO will fund any extra resources, and such funding will be recouped via an industry levy.

 

Action Required: None

Signature:

 

 

Signed By: Minister for Treasury and Resources

Date Signed:

 

Date of Decision (If different from Date Signed):

 

 

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