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Prisoner 030197: Repatriation to the Netherlands

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 7 August 2013:

Decision Reference: MD-HA-2013-0063

Decision Summary Title :

Repatriation of prisoner 030197 to the Netherlands

Date of Decision Summary:

22 October 2013

Decision Summary Author:

 

Executive Officer

Home Affairs

Decision Summary:

Public or Exempt?

(State clauses from Code of Practice booklet)

Public

Type of Report:

Oral or Written?

Written

Person Giving

Oral Report:

n/a

Written Report

Title :

Warrant

Date of Written Report:

31 July 2013

Written Report Author:

Executive Officer

Home Affairs

Written Report :

Public or Exempt?

(State clauses from Code of Practice booklet)

Exempt 3.2.1(a)(i)

Subject: Repatriation of a Dutch national to the Netherlands.

Decision(s): The Minister approved the repatriation of Prisoner 030197 to the Netherlands to serve the remainder of their Jersey sentence in a Dutch prison.

Reason(s) for Decision: The Repatriation of Prisoners (Jersey) Law 2012 came into force on 1 January 2013 and from 1 June 2013 it has been possible to repatriate prisoners to their country of origin where international arrangements have been reached between Jersey and that country.  Prisoner 030197 is a Dutch national and has family in the Netherlands.  It is beneficial for prisoners to be able to serve their sentences in their home jurisdiction, where they are more likely to receive visits and where any language barriers, which may exist, can be more easily overcome.

Resource Implications: The introduction of the Repatriation of Prisoners (Jersey) Law 2012 has a CSR savings target of £370,000 linked to it.  This is also linked to the policy decision to introduce transfers to England and Wales prisons on an unrestricted basis.  It is not possible to quantify the savings made from this one repatriation, but as more prisoners are repatriated or transferred, savings will be achieved.

Action required: The Minister to issue the warrant and the Prison Governor to liaise with the Custodial Institutions Agency in the Netherlands over the repatriation.

Signature:

 

 

Position:

Minister for Home Affairs

 

Date Signed:

 

 

Date of Decision (If different from Date Signed):

7 August 2013

 

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