Skip to main content Skip to accessibility
This website is not compatible with your web browser. You should install a newer browser. If you live in Jersey and need help upgrading call the States of Jersey web team on 440099.
Government of Jerseygov.je

Information and public services for the Island of Jersey

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

Criminal Records Bureau - checks in Jersey

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 7 December 2009 regarding: Criminal Records Bureau - checks in Jersey.

Decision Reference:                 MD-HA-2009-0118

Decision Summary Title :

Approval of Order in Council to extend Police Act, Part V

Date of Decision Summary:

07 December 2009

Decision Summary Author:

Executive Officer, Home Affairs

Decision Summary:

Public or Exempt?

Public

Type of Report:

Oral or Written?

written

Person Giving

Oral Report:

n/a

Written Report

Title :

Report regarding Approval of Order in Council to extend Police Act, Part V

Date of Written Report:

07 December 2009

Written Report Author:

Executive Officer, Home Affairs

Written Report :

Public or Exempt?

Public

Subject:

Extension of Part V of the Police Act 1997 by Order in Council, in order to enable access to Criminal Records Bureau checks in Jersey.

Decision(s):

The Minister approved the draft Order in Council to extend Part V of the Police Act 1997.

Reason(s) for Decision:

Following the debate of P121: Police Act 1997: extension of Part V to Jersey by Order in Council, the Minister undertook to personally approve the final draft, and to draw the attention of the Education & Home Affairs Scrutiny Panel to any matters of concern. He has now reviewed the draft extension, and is satisfied that it gives effect to the proposition, as debated.

Resource Implications:

A budget of £98,000 has been allocated for the purpose of establishing the Jersey Vetting Bureau and funding the additional staff resource required. It is not anticipated that further resources will be needed for the Bureau at this stage.

Action required:

The Vetting & Barring Strategic Development Manager to advise the Law Officers of the decision, and ensure that the Order in Council is forwarded for consideration by the Privy Council in February 2010.

Signature: 

Position:

Minister for Home Affairs

Date Signed: 

Date of Decision (If different from Date Signed):

7th December 2009

Criminal Records Bureau - checks in Jersey

Home Affairs Department

Subject:

Extension of Part V of the Police Act 1997 by Order in Council, in order to enable access to Criminal Records Bureau checks in Jersey.

Exempt Clause:

n/a

Date:

07 December 2009

 

 

Author:

Strategic Development Manager - Vetting & Barring, HAD

 

Report for Minister 

Introduction 

The purpose of this report is to seek the Minister’s approval for the final draft of the Order in Council to extend Police Act 1997, Part V. 

Background

In July 2009, the Chief Minister lodged proposition P121 for the extension of Police Act 1997, Part V to Jersey by Order in Council, for which the Minister acted as rapporteur.  

The States were asked to consider the extension of Part V of the Police Act in order to enable Jersey to apply to the Criminal Records Bureau (CRB) for disclosure information for specific individuals; this would only be available for roles, professions or employment that fall within both the Rehabilitation of Offenders (Exceptions) Order 1975 and the Rehabilitation of Offenders (Exceptions) (Jersey) Regulations 2002. 

It was important to progress the matter because, under new arrangements for vetting and barring introduced in the UK in October 2009, Jersey’s ability to access crucial information for the purposes of safeguarding our local children and vulnerable adults would be reduced. Extending Part V of the Police Act 1997 to Jersey allows for continued access to that information after the introduction of the UK changes. 

In the debate of P121: Police Act 1997: extension of Part V to Jersey by Order in Council, the Minister undertook to personally approve the final draft, and to draw the attention of the Education & Home Affairs Scrutiny Panel to any matters of concern.  

The final version of the Order in Council to extend is now attached, together with the Keeling schedules which indicate the changes that have been made.  
 

Financial and Manpower implications 

A budget of £98,000 has been allocated for the purpose of establishing the Jersey Vetting Bureau and funding the additional staff resource required. It is not anticipated that further resources will be needed for the Bureau at this stage. 
 

Recommendation 

It is recommended that the Minister: 

  • Approves the final draft of the Order in Council to extend the Police Act  1997, Part V for consideration by the Privy Council sitting  of February 2010
  • Forwards the Order in Council to extend the Police Act 1997, Part V to the Education & Home Affairs Scrutiny Panel for information.

 

Back to top
rating button