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STATES OF JERSEY
COMMITTEE OF INQUIRY: CONFIDENTIAL FILES HELD BY STATES OF JERSEY POLICE ON STATES MEMBERS AND OTHERS (P.104/2009) – COMMENTS
Presented to the States on 16th October 2009 by the Minister for Treasury and Resources
STATES GREFFE
2009 Price code: A P.104 Com.
COMMENTS
The Minister for Treasury and Resources is required, under Standing Order 150(c), to give directions on how the expenses of a Committee of Inquiry should be funded. P.104/2009 stated that the costs are likely to be in excess of £50,000 but that a precise figure cannot be forecast. A subsequent costing review has estimated that the cost of the Committee of Inquiry is likely to be in the region of £220,000. A summary breakdown of the cost with the following assumptions is as follows –
Assumptions –
• Allow for 3 month period for the enquiry;
• The Chairman will be an ex-Judge or Q.C. as per P.104/2009;
• The other panel members will not be paid; and
• The Greffe will provide accommodation and administrative support.
£ Chairman's costs 120,000 Subsistence & accommodation 18,000 Legal representation for witnesses 31,500 Support for Committee of Inquiry 15,000 Legal support & other incidentals 35,000 219,500
Article 11(8) of the Public Finances (Jersey) Law states –
" the States may, at any time, amend an expenditure approval on a proposition lodged by the [Treasury and Resources] Minister on the grounds that –
- there is an urgent need for expenditure; and
- no expenditure approval is available."
Whilst part (b) of the Article could be satisfied it is doubtful whether part (a) is. The Article is intended for unavoidable matters, such as protecting the Island's population from a flu pandemic. It is not intended to be a regular vehicle for ad hoc, in-year requests for additional funding for items which could, and should, be prioritised against other competing demands for resources.
Should the States approve this proposition the Minister considers that due to the financial constraints the States faces, he has no alternative but to request Home Affairs to meet any cost of a Committee of Inquiry from within their existing budget.
However, because of considerable funding pressures facing the Department, and because the Minister for Home Affairs has extended the Wiltshire Constabulary Investigation to include an inquiry into the reasons surrounding the States of Jersey Police holding confidential files on States members, the Minister believes this Committee of Inquiry is unnecessary expenditure and recommends that members reject this proposition.
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P.104/2009 Com.