Corruption safeguards and investigation (FOI)
Corruption safeguards and investigation (FOI)Produced by the Freedom of Information office
Authored by States of Jersey and published on 22 December 2016.
The Corruption (Jersey) Law 2006 (C(J)L) came into force on 27 February 2007. There is no doubt, whatsoever, that corruption is unacceptable in modern society.
What policies, procedures and safeguards have been put into place by the States of Jersey to ensure that the persons referenced at C(J)L articles 4(1)(a), 4(1)(b), 4(1)(c), 4(1)(d), 4(1)(e), 4(1)(f), 4(1)(g), 4(1)(i), 4(1)(l), 4(1)(p) and 4(1)(q) are brought to justice in the event that:
- corruption on the part of one or more of those persons is alleged
- corruption on the part of one or more of those persons is capable of being proven but for the complicity of those responsible for the investigation and prosecution of the offence at law
Who is responsible, or should be responsible, for the investigation of allegations of corruption against the aforementioned persons?
How does the States of Jersey manage the inevitable conflicts of interest that flow from people who work at a high level in local governmental functions being asked to investigate each other and hold each other accountable under a law that may not serve their collective interests?
How does the States of Jersey manage the conflict of interest that flows from its own liability to a third party if an act of corruption has caused damage to that third party?
The States of Jersey has policies which outline the conduct expected of all employees and those would be available to the listed officials who are public sector employees. This would include the Code of Conduct, for instance.
Download Code of Conduct 20161228 (size 314kb)
In addition States employees have access to a serious concerns (whistleblowing) policy which they are able to use should they need to report the behaviour or actions of others.
Download ID FOI Serious Concerns 20161228 (size 311kb)
B to D
In all cases where an allegation of corruption is made, departments would act under the law and the matter would be referred to the States of Jersey Police for investigation. Once an investigation is underway, departments would comply fully with the States of Jersey Police.
Therefore, in respect of the separate elements of the request above, the responsibility for any criminal investigations under the Corruption (Jersey) Law 2006 would be a matter for the States of Jersey Police.