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Letter - EIA Scrutiny Panel to HSS Minister - Medicinal Cannabis - Witholding of Information - 1 Jul

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States Greffe: Scrutiny

Deputy Richard Renouf

Minister for Health and Social Services

By email

1st July 2021 Dear Minister

Economic and International Affairs Scrutiny Panel

Regulations for the licensing, production and export of Medicinal Cannabis in Jersey – Withholding of Information

I write to inform you that despite previous requests to provide details of applicants seeking licences to undertake work in the medicinal cannabis industry, the Panel has yet to receive this information. You may recall that, at our recent public hearing, you informed the Panel that we could have sight of this information; however on request, our officer was informed that whilst the Department was content to pass this information to the Panel, it was reluctant to give approval for it to be shared with the Panel's advisers.

I respectfully remind you that advisers are employed on a confidential basis to assist the Panel in undertaking its reviews and are privy to any confidential documentation in relation to the review as requested. The confidentiality clause within the advisers contract states that:-

  1. The  written  analysis  prepared  by  the  Consultant,  together  with  any  other  written commentary  on the evidence received, may be published on the States Assembly website and may be included in full or in part as reference information in the Panel's report on its review.
  2. The Consultant's attention is drawn to the provisions of the Official Secrets (Jersey) Law 1952  ("the  Official  Secrets  Law").  All  consultancy  work  is  strictly  confidential  until publication in accordance with clause 13 above, and the Consultant acknowledges that information received may be governed by the Official Secrets Law, except in so far as such matters are properly in, or come into, the public domain. The Consultant must not divulge or communicate any confidential information to another party without the express consent of the Panel both during and after termination of the contract.

Having particular regard to the final sentence in 14 above, the Panel is extremely disappointed in the delay in receiving this information and any further delay will inevitably impact on both the Panel's timetable to complete its review and the advisers' ability in providing a full and balanced view of the procedures involved in obtaining a licence.

The Panel respectfully ask you to the failure to provide the information within the next 24 hours or the reasons for further withholding of this information in a written format.

If it is of assistance, I would be happy to address any questions you may have about our work in relation to this review or in general but you will appreciate from the above that the ongoing failure to provide the requested information is prejudicing our report and that time is now of the essence.

Yours sincerely

States Greffe: Scrutiny | Morier House | St Helier | Jersey | JE1 1DD Tel: 01534 441080 | email: scrutiny@gov.je | web: statesassembly.gov.je

Deputy David Johnson

Chair

Economic and International Affairs Scrutiny Panel