Dormant Account Monies (FOI)

Request

Information about Dormant Account Monies was requested by a Freedom of Information request on 17 June 2020. The FOI response provided did not really address matters. The Dormant Bank Account Law 2017 explains how money should be distributed - See Art20. In particular Article 20(7) indicates that “The independent organization must report annually to the Minister on its activities under this Article over the previous 12 months and such report, together with audited accounts relating to those activities, must be laid before the States as soon as practicable.”. 

A

Has any body/independent organisation provided a report to the minister about how the Dormant Account monies have been spent (because they have been spent)?

B

Has any report been presented to the States?

C

If yes, when was each report presented and is it public?

D

Has the Jersey Community Foundation provided any report to the Minister?

E

Has the report by the JCF been laid before the States?

F

If it has, when?

G

Provide copies of minutes showing the decision to appoint JCF as a distributor of monies.

In the absence of answers to questions A to G, please explain where information can be found about the organisations which have received Dormant Account monies, how much each organisation has received and which person/body was involved in the decision to award the Dormant Account monies.

Response

A

The Jersey Community Foundation is the only organisation that has distributed funds from the Jersey Reclaim Fund.  It has provided reports on the distribution of funds to the Minister from time to time either on a quarterly basis or after a grants round as agreed.

B

A report has not yet been presented to the States however now that the distribution of £2 million has been completed, a report is being prepared and it is intended that a report will be published by 17 February 2023. Article 36 of the Freedom of Information (Jersey) Law 2011 has been applied.

C

Not applicable.  Please see response to question B.

D

Please see response to question A.

E

Please see response to question B.

F

Please see response to question B.

G

There are no minutes relating to the decision to appoint the Jersey Community Foundation.  

Certain information as to grants made by the Jersey Community Foundation is available in the Jersey Community Foundation Annual Review for 2021. Please see link: 

2021 Grants | Jersey Community Foundation (Jersey Community Foundation.org)

Only the independent body is involved in the decisions for distribution of the funds to individual organisations.  

The decision to appoint the Jersey Community Foundation was made by the then Minister for External Relations and Financial Services (Senator Gorst), having sought input from ministerial colleagues (such as Senator Farnham). Input was also received from sector representatives.  

Please see link to Ministerial Decision MD-ER-2020-0037 below.  As this information is accessible by other means, Article 23 of the Freedom of Information (Jersey) Law 2011 has been applied:

Dormant Bank Accounts (Distribution of Fund Money) (Jersey) Order 2020 (gov.je)

The Jersey Community Foundation has received £2 million from the Reclaim Fund for distribution for charitable purposes in four tranches of £500,000.  Please see link to Ministerial Decision MD-ER-2020-0057 below. As this information is accessible by other means, Article 23 of the Freedom of Information (Jersey) Law 2011 has been applied:

Dormant Bank Accounts (Jersey) Law 2017: Distribution from Jersey Community Foundation Limited (gov.je)

Article applied

Article 23 - Information accessible to applicant by other means

(1) Information is absolutely exempt information if it is reasonably available to the applicant, otherwise than under this Law, whether or not free of charge.

(2) A scheduled public authority that refuses an application for information on this ground must make reasonable efforts to inform the applicant where the applicant may obtain the information.

Article 36 - Information intended for future publication

(1) Information is qualified exempt information if, at the time when the request for the

information is made, the information is being held by a public authority with a view to its

being published within 12 weeks of the date of the request.

(2) A scheduled public authority that refuses an application for information on this ground

must make reasonable efforts to inform the applicant –

(a) of the date when the information will be published;

(b) of the manner in which it will be published; and

(c) by whom it will be published.

(3) In this Article, “published” means published –

(a) by a public authority; or

(b) by any other person.

Public Interest Test

Article 36 is a qualified exemption, which means that a public interest test has to be undertaken to examine the circumstances of the case and decide whether, on balance, the public interest in maintaining the exemption outweighs the public interest in disclosing the information.  

Public interest considerations favouring disclosure  

• disclosure of the information would support transparency and promote accountability to the general public. 

Public interest considerations favouring withholding the information  

• it is intended to publish the report within 12 weeks of the receipt of this request on www.gov.je. In it is reasonable for government to publish reports in an orderly manner, following completion of appropriate internal processes, and publishing in advance, and in such close proximity to expected publication date, would potentially undermine the orderly publication and conduct of government work (when the public benefit of earlier publication under the Law would derive limited benefit).