Government of Jersey

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A decision made 7 December 2009 regarding: Criminal Records Bureau - checks in Jersey.

Decision Reference: MD-HA-2009-0118
Decision Summary Title :	Approval of Order in Council to extend Police Act, Part V		Date of Decision Summary:	07 December 2009
Decision Summary Author:	Executive Officer, Home Affairs		Decision Summary: Public or Exempt?	Public
Type of Report: Oral or Written?	written		Person Giving Oral Report:	n/a
Written Report Title :	Report regarding Approval of Order in Council to extend Police Act, Part V		Date of Written Report:	07 December 2009
Written Report Author:	Executive Officer, Home Affairs		Written Report : Public or Exempt?	Public
Subject: Extension of Part V of the Police Act 1997 by Order in Council, in order to enable access to Criminal Records Bureau checks in Jersey.
Decision(s): The Minister approved the draft Order in Council to extend Part V of the Police Act 1997.
Reason(s) for Decision: Following the debate of P121: Police Act 1997: extension of Part V to Jersey by Order in Council, the Minister undertook to personally approve the final draft, and to draw the attention of the Education & Home Affairs Scrutiny Panel to any matters of concern. He has now reviewed the draft extension, and is satisfied that it gives effect to the proposition, as debated.
Resource Implications: A budget of £98,000 has been allocated for the purpose of establishing the Jersey Vetting Bureau and funding the additional staff resource required. It is not anticipated that further resources will be needed for the Bureau at this stage.
Action required: The Vetting & Barring Strategic Development Manager to advise the Law Officers of the decision, and ensure that the Order in Council is forwarded for consideration by the Privy Council in February 2010.
Signature:		Position: Minister for Home Affairs
Date Signed:		Date of Decision (If different from Date Signed): 7th December 2009

Criminal Records Bureau - checks in Jersey

Home Affairs Department
Subject:	Extension of Part V of the Police Act 1997 by Order in Council, in order to enable access to Criminal Records Bureau checks in Jersey.
Exempt Clause:	n/a	Date:	07 December 2009

Author:	Strategic Development Manager - Vetting & Barring, HAD

Report for Minister

Introduction

The purpose of this report is to seek the Minister’s approval for the final draft of the Order in Council to extend Police Act 1997, Part V.

Background

In July 2009, the Chief Minister lodged proposition P121 for the extension of Police Act 1997, Part V to Jersey by Order in Council, for which the Minister acted as rapporteur.

The States were asked to consider the extension of Part V of the Police Act in order to enable Jersey to apply to the Criminal Records Bureau (CRB) for disclosure information for specific individuals; this would only be available for roles, professions or employment that fall within both the Rehabilitation of Offenders (Exceptions) Order 1975 and the Rehabilitation of Offenders (Exceptions) (Jersey) Regulations 2002.

It was important to progress the matter because, under new arrangements for vetting and barring introduced in the UK in October 2009, Jersey’s ability to access crucial information for the purposes of safeguarding our local children and vulnerable adults would be reduced. Extending Part V of the Police Act 1997 to Jersey allows for continued access to that information after the introduction of the UK changes.

In the debate of P121: Police Act 1997: extension of Part V to Jersey by Order in Council, the Minister undertook to personally approve the final draft, and to draw the attention of the Education & Home Affairs Scrutiny Panel to any matters of concern.

The final version of the Order in Council to extend is now attached, together with the Keeling schedules which indicate the changes that have been made.

Financial and Manpower implications

A budget of £98,000 has been allocated for the purpose of establishing the Jersey Vetting Bureau and funding the additional staff resource required. It is not anticipated that further resources will be needed for the Bureau at this stage.

Recommendation

It is recommended that the Minister:

Approves the final draft of the Order in Council to extend the Police Act 1997, Part V for consideration by the Privy Council sitting of February 2010
Forwards the Order in Council to extend the Police Act 1997, Part V to the Education & Home Affairs Scrutiny Panel for information.