Government of Jersey Conflict of Interest Policy

​​​​Request 736070089

A full copy or public link to the Government of Jersey Conflict of Interest Policy used to assess my concerns

Response

This information is publicly available on www.gov.je​. Article 23 of the Freedom of Information (Jersey) Law 2011 has been applied. 

Please see the link below to access the Government of Jersey’s Conflict of Interest Policy, which is available in the Public Finances Manual. To view the policy, click on the "Accountability" tab and then select the "Conflict of Interest" section.

Public Finances Manual​

Please see the link below to access the States of Jersey Codes of Practice (Performance and Accountability), which confirm the States Employment Board’s requirement for all employees to adhere to specific duties regarding the reporting of concerns related to conflicts of interest or potential conflicts of interest.

States of Jersey Codes of Practice​

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.

Internal Review Request

I am writing to request an internal review of the response issued under reference FOI 736070089 concerning a full copy or public link to the Government of Jersey’s Conflict of Interest Policy.

The response relies on Article 23 (information accessible by other means), pointing me to general material in the Public Finances Manual and the States of Jersey Codes of Practice. However, this does not fully address my request.

My concerns are:

• The material linked is generic and does not identify the specific Conflict of Interest Policy relied upon in assessing my concerns.

• The response does not clarify whether the Government of Jersey holds an internal or departmental policy, distinct from the Public Finances Manual, that staff are required to follow.

• The exemption under Article 23 requires that the information is reasonably accessible. In practice, the links provided are vague and not straightforward to navigate. The public should not be required to sift through large manuals or policy collections to locate a single policy document.

I therefore request an internal review on the grounds that the response is inadequate, incomplete, and fails to meet the reasonable accessibility test under Article 23. If the SPA holds a standalone policy or guidance document, I ask that it be disclosed. If not, I request a formal confirmation that no such record exists.

Internal Review Response

This internal review has been conducted by an official of appropriate seniority who has not been involved in the original decision. As part of their review, they will be expected to understand the reasons behind the original response, impartially determine whether the response should be revised, and how so, considering the request and the information held, any relevant exemptions, or other relevant matters under the Law.

The Internal Review Panel was asked to review the original response and confirm the following: Does the FOI request relate to a body to which the Law applies, or information held by a body covered by the Law? Yes.

If the answer is no, all the other questions are not applicable. Further questions if above is a yes:

i.

Was the right information searched for and reviewed?

ii.

Was the information supplied appropriately?

iii.

Was information appropriately withheld in accordance with the articles applied and were the public interest test/ prejudice test properly applied?

Following discussion, it was agreed by the Panel that the decision was upheld​.