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Disposal of vessel used to import controlled drugs

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 22 November 2017:

Decision Reference: MD-HA-2017-0084

Decision Summary Title :

Disposal of Sea Fox vessel and dinghy

Date of Decision Summary:

13 November 2017

Decision Summary Author:

 

Gary Le Neveu, Assistant Director

Decision Summary:

Public or Exempt?

(State clauses from Code of Practice booklet)

Public

Type of Report:

Oral or Written?

Written

Person Giving

Oral Report:

 

Written Report

Title :

Disposal of Sea Fox vessel and dinghy

Date of Written Report:

13 November 2017

Written Report Author:

Gary Le Neveu, Assistant Director

Written Report :

Public or Exempt?

(State clauses from Code of Practice booklet)

Public

Subject: Disposal of vessel and associated dinghy used to import controlled drugs into Jersey.

Decision(s): The Minister authorised disposal of the vessel and dinghy by public auction.

 

 

Reason(s) for Decision: The vessel and dinghy, having been used to import cannabis resin into Jersey on 21 April 2017, was seized on 25 April 2017 under Article 54 of the Customs and Excise (Jersey) Law, 1999.  Article 55 of the Law empowers the Minister to direct how any vessel condemned as forfeited is disposed of. 

 

Resource Implications: None

 

 

Action required: Assistant Director to arrange for vessel and dinghy’s disposal.

 

Signature:

 

 

Position:

 

 

Date Signed:

 

 

Date of Decision (If different from Date Signed):

 

 

Disposal of vessel used to import controlled drugs

 

 

 Decision Summary Report

 

Community and Constitutional Affairs

Customs and Immigration Service

 

To:   Assistant Minister for Home Affairs

 

Submitted by: Gary Le Neveu, Assistant Director

 

Date:   13 November 2017

 

Subject:   Disposal of Sea Fox vessel and SunSport dinghy

 

 

Background

 

The above vessel and associated dinghy were used in connection with the importation of 26 kilogrammes of cannabis resin, with an approximate maximum street value of £450,000 into Jersey on 21 April 2017. 

 

The vessel and dinghy were seized by the Customs and Immigration Service on 25 April 2017 under Article 54 of the Customs and Excise (Jersey) Law, 1999.  No notice of claim has been made in connection with the seizure and the vessel and dinghy are deemed to have been duly condemned as forfeited in accordance with the 3rd Schedule of the 1999 Law.

 

Article 55 of the Law empowers the Minister to direct the manner of disposal of the vessel and dinghy.  The Sea Fox vessel is a 7 metre open sports cruiser, equipped with a 300HP Mercury outboard engine and 20HP Honda auxiliary outboard engine.  Although the vessel’s condition is believed to be sound, its main outboard engine is not in working order and requires repair.

 

Notwithstanding the condition of the main engine, it is considered that the Sea Fox vessel and associated dinghy have a significant residual value.

 

Recommendation

 

It is recommended that the Sea Fox vessel and dinghy are sold by public auction and that the monies received, net of auctioneer’s fees, should be paid to the general revenue of the States of Jersey and Goods and Services Tax accounted for appropriately.

 

 

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