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Allow use of £7.5m from funds held in Criminal Offences Confiscation Fund and Drug Trafficking Confiscation Fund.

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WRITTEN QUESTION TO THE MINISTER FOR TREASURY AND RESOURCES BY DEPUTY G.P.SOUTHERN OF ST HELIER.

ANSWER TO BE TABLED ON TUESDAY 9th SEPTEMBER 2014

Question

Will the Minister give detailed descriptions of what capital schemes it is intended to fund to allow the use of £7.5m from funds held in the Criminal Offences Confiscation Fund and the Drug Trafficking Confiscation Fund and explain how these schemes "fit the rules set on the use of these funds?" (see page 56 of draft Budget 2015)?

Is the Minister concerned that repeated use of ring-fenced funds such as Health Insurance Fund, the Criminal Offences Confiscation Fund and the Drug Trafficking Confiscation Fund to cover general revenue shortfalls will bring the public's trust in the ability of the States to properly manage its revenues to a new low and, if not, why not?

Answer

The allocation from the Criminal Offences Confiscation Fund (COCF) and the Drug Trafficking Confiscation Fund (DTCF) will be used to offset the cost of the Police Relocation capital project. This is being proposed following outline approval from the Attorney General confirming that this is an appropriate use of the Fund in accordance with guidelines identified in Article 24 of the Proceeds of Crime (Jersey) Law. Due process is being followed with sign off from the Attorney General, Home Affairs Minister and Treasury Minister.

The COCF now incorporates the DTCF, as agreed by the States in the Proceeds of Crime and Terrorism (Miscellaneous  Provisions) (Jersey) Law 2014. The Fund was established to separately account for confiscations from criminal activity and meet international guidelines. In accordance with the law these funds can be applied by the Minister for Treasury and Resources, subject to the advice of the Attorney General, in supporting measures that prevent, deal with or facilitate enforcement of dealing with criminal conduct. These rules have been strictly applied.

The COCF has been used perfectly legitimately in line with the provisions of the law and has largely been used to provide funding for one off expenditure of a capital nature. If these allocations had not been made there would have been a greater call on public finances or other important projects that prevent, deal with or facilitate enforcement of dealing with criminal conduct would not have progressed.

The Health Insurance Fund allocations have been approved by the States to help meet the well-known pressures in Health funding, as part of the process of States agreement of the Health Strategy and sustainable funding,

This is good financial management, utilising all funds available to deliver services and assets. This is also entirely in line with advice from the Fiscal Policy Panel that we should maintain, and even increase, appropriate public expenditure to support the economy and not be constrained by the balance on the consolidated fund.