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Infrastructure Investment in Jersey Telecom Group Limited and Reduction in Dividends: Gigabit Jersey (PtP)

A formal published “Ministerial Decision” is required as a record of the decision of a Minister (or an Assistant Minister where they have delegated authority) as they exercise their responsibilities and powers.

Ministers are elected by the States Assembly and have legal responsibilities and powers as “corporation sole” under the States of Jersey Law 2005 by virtue of their office and in their areas of responsibility, including entering into agreements, and under any legislation conferring on them powers.

An accurate record of “Ministerial Decisions” is vital to effective governance, including:

  • demonstrating that good governance, and clear lines of accountability and authority, are in place around decisions-making – including the reasons and basis on which a decision is made, and the action required to implement a decision

  • providing a record of decisions and actions that will be available for examination by States Members, and Panels and Committees of the States Assembly; the public, organisations, and the media; and as a historical record and point of reference for the conduct of public affairs

Ministers are individually accountable to the States Assembly, including for the actions of the departments and agencies which discharge their responsibilities.

The Freedom of Information Law (Jersey) Law 2011 is used as a guide when determining what information is be published. While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.

A decision made on 09 December 2011:

Decision Reference:  MD-TR-2011-0139

Decision Summary Title:

Infrastructure Investment in JT and reduction in dividends – Gigabit Jersey (PtP)

Date of Decision Summary:

7 December 2011

Decision Summary Author:

Treasurer of the States

Decision Summary:

Public or Exempt?

Public

Type of Report:

Oral or Written?

Written

Person Giving

Oral Report:

N/A

Written Report

Title:

Infrastructure Investment in JT and reduction in dividends – Gigabit Jersey (PtP)

Date of Written Report:

7 December 2011

Written Report Author:

Treasurer of the States

Written Report :

Public or Exempt?

Public

Appendix D Exempt 3.2.1 (a) (x)

Subject:  States of Jersey Currency Fund Infrastructure Investment in Jersey Telecom Group Limited (JT) and agreement to offer a £3 million reduction for each of 2013-2015 financial years to JT to assist in the financing of Gigabit Jersey Point-to-Point (PtP).

Decision(s):  The Minister decided to:-

  • approve in line with the current Investment Strategy for the Currency Fund, a £10 million, Infrastructure Investment in JT to provide financing for the Gigabit Jersey project subject to the agreed conditions as detailed in the report. The infrastructure investment to take the form of a 2.5% Redeemable Preference Share instrument.
  • agree to a dividend reduction of £3m for each of the 2013 to 2015 financial years (inclusive) subject to review at the AGM and the half yearly review for each of the financial years.

Reason(s) for decision:  The Public Finances (Jersey) Law 2005, Article 6 (paragraph 1(a) and 3) relates to the investment of monies of the Currency Fund being carried out in accordance with the Regulations. Under the Public Finances (Transitional Provisions) (No.2) (Jersey) Regulations 2005, Regulation 4, the Minister is responsible for presenting the Investment Strategies and any review of them to the States, as soon as practical. Furthermore that monies may be invested in the extent and manner set out in the last Investment Strategy presented to the States. Therefore the proposal for the Currency Fund’s Infrastructure Investment in JT is made in line with the most recent Investment Strategy presented to the States on 31st October 2011 (R132/2011).

 

The Public Finances (Jersey) Law 2005, Article 68 (2) relates to the Minister being responsible for the States for financial Interests in the Strategic Investment companies, including JT.

 

The Minister for Treasury and Resources commissioned Oxera, the States of Jersey’s external economic consultants, to evaluate JT’s proposal to replace the existing copper network with a complete island wide point-to-point (PtP) Fibre-optic network. The report made comparison between the PtP and the Very high bitrate Digital Subscriber Line (VDSL) alternative options. Oxera recommended that in the interests of the shareholder, JT should adopt the PtP strategy rather than VDSL as it was a sound investment, thus protecting shareholder value.  Officers of Treasury and Resources Department have also reviewed the business case in detail.

 

Further, Gigabit Jersey is a project which is acknowledged would provide an initial stimulus to the economy and overarching longer term benefits to the Island of Jersey. JT made a presentation to the Council of Ministers on 27th October 2011 where they considered the project and the proposed financing for the project.

Resource Implications:  This decision will see the transfer of £10 million from the Currency Fund during 2012 and a £3 million dividend reduction for each of JT’s 2013 to 2015 financial years (inclusive), impacting the Consolidated Fund Investment returns.

Action required:  Head of Shareholder Relations to arrange for the Treasurer and a Director of States of Jersey Investments Limited to approve and sign the JT Special Resolutions (Appendices B and C).

 

Head of Shareholder Relations to notify JT Group of the decision to give a dividend reduction for three financial years, subject to the conditions set out in the attached report.

Signature:

 

 

 

Position: Senator P F C Ozouf, Minister for Treasury and Resources

 

Date Signed:

Date of Decision:

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