Steps taken to recover debts for government departments

​​​Request ​729156876

In respect of the written question by Deputy Kristina Moore, and subsequent response from the Treasury Minister (reference WQ.289/2025). What steps have been taken to recover debts for government departments?

If no formal steps have been taken, is there a solution within the finance industry to assist the government with the recovery of debts that may be considered?

Response

A standard debt collection process is documented and followed for the collection of trade debtors. 

Further details of the process are exempt from disclosure under Articles 34 and 42 of the Freedom of Information (Jersey) Law 2011. 

Articles applied 

Article 34 - The economy

Information is qualified exempt information if its disclosure would, or would be likely to, prejudice –

(a) the economic interests of Jersey; or

(b) the financial interests of the States of Jersey.

Public Interest Test 

Article 34 (The Economy) is a qualified exemption which requires there to be a likelihood of prejudice against the economic interests of Jersey or the financial interests of the States of Jersey. 

Whilst this could include reputational concerns, the larger concern is whether the economic interests of the States of Jersey could be prejudiced by the release of information – in this instance, information which may, or would be likely to, prejudice the ability of the Government of Jersey to properly pursue their Debt Collection Process.

The following extract from the guidance of the UK Information Commissioner should also be noted:

The exemption concerns the effect on the economy rather than the government’s ability to manage the economy. However, since it is an aim of governments to improve economic prosperity, weakening the government’s control over the economy may also damage the economy itself.

Public interest would not be served by disclosing information which may have a detrimental impact on the economy

Article 42 - Law enforcement

Information is qualified exempt information if its disclosure would, or would be likely to, prejudice –

(d) the assessment or collection of a tax or duty or of an imposition of a similar nature;

Public Interest Test 

Article 42 is a qualified exemption, which means that consideration must be given to both the reasons for releasing the information, balanced against the reasons for withholding it.  

An assessment has been made as to whether, in all the circumstances, the public interest in supplying the information is outweighed by the public interest in not doing so. 

Factors that support releasing the information  

• disclosure of the information would support transparency 

• disclosure would promote accountability to the general public 

• disclosure would provide confirmation that necessary actions are taking place.  

It is recognised that there is a public interest in providing information about the work of the Government of Jersey in a transparent manner, however, this must be balanced against the need to keep certain correspondence and information confidential to avoid potential prejudice the release could cause. 

It is considered that the public interest in disclosing the withheld information is outweighed by the potential prejudice that such disclosure would, or would be likely to, hinder the ability of the Government of Jersey to properly pursue their Debt Collection Process.

The Jersey Office of the Information Commissioner has published guidance on its approach to the public interest provision.1 

The approach is to weigh: 

• The public interest in transparent administration;  

• The public interest in confidentiality when it arises. 

 1Found at https//jerseyoic.org/resource-room/the-public-interest-test/​

On balance, it is considered that the withheld information is exempt from disclosure under Article 42(d) of the Freedom of Information (Jersey) Law 2011, which states that information is exempt from publication if its disclosure would, or would be likely to, prejudice ‘the assessment or collection of a tax or duty or of an imposition of a similar nature’.​