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WQ.226/2021
WRITTEN QUESTION TO THE H.M. ATTORNEY GENERAL BY THE CONNÉTABLE OF ST. MARTIN
QUESTION SUBMITTED ON MONDAY 17th MAY 2021 ANSWER TO BE TABLED ON MONDAY 24th MAY 2021
Question
Will H.M. Attorney General explain why Jersey Sport does not fall within the remit of the Freedom of Information (Jersey) Law 2011?
Answer
Article 1 of the Freedom of Information (Jersey) Law 2011 (the "Law") defines both a public authority' and a scheduled public authority' for the purposes of that Law. The definition of a public authority' has been widely drawn. The obligations and duties set out in the Law only apply to scheduled public authorities' – those bodies listed in Schedule 1 to the Law.
In 2017 the States' approved the establishment of Jersey Sport Limited as an independent grant-funded body by means of a purpose trust named the Jersey Sport Development Trust, holding shares in Jersey Sport Limited, a company limited by shares. As such, it is not a scheduled public authority' for the purposes of the Law. In respect of the generic description of entities listed in Schedule 1, Jersey Sport is not a department established on behalf of the States' and nor can it be described as a body established by resolution of the States', because Jersey Sport has been established as an independent grant-funded body and is a company limited by shares
However, Jersey Sport could be added to Schedule 1 of the Law by Regulations if approval is granted by the States.