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Authority Meeting 15:30 – 17:00 10 December 2020 |
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Chairman Present: Jacob Kohnstamm |
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Voting Members Present: Gailina Liew David Smith Clarisse Girot Paul Routier MBE Helen Hatton |
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Apologies No apologies. |
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Non - Voting Members Present: Dr Jay Fedorak – Information Commissioner |
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In Attendance: Paul Vane - Deputy Information Commissioner Anne King - Communications and Operations Manager [Notetaker] |
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Guest Speaker No guest speaker
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Action |
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1.0 |
Call to order and discussion topics agreed. |
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Purpose of the Meeting: The Chair called the Extraordinary Meeting for voting members to discuss and agree approaches in relation to; · The proposed JDPA grant reduction for 2020 by Government of Jersey. · Authority Members Remuneration. · Information Commissioner Recruitment. |
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2.0 |
Government of Jersey Grant 2020 |
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The Chair invited the Information Commissioner to appraise the members of the current situation. The Information Commissioner explained that Government has communicated to say that they are; 1. Not allowing JDPA to set aside the planned litigation fund of £100k. 2. Cutting the JDPA’s 2020 grant from £500k to £200k, stating that the Authority’s financial position is better than recently forecast, and therefore the funds are not required.
The Information Commissioner has verified that there is no provision in the Partnership Agreement for the Government to reduce the grant if the JDPA meet the obligations as stipulated in the agreement.
The Information Commissioner highlighted that based on latest financial information the minimum monies required to meet the JDPA’s objectives, cover costs and reserves is £319k.
The Information Commissioner asked the Authority to consider the approach they wish to take in response to the proposed 2020 grant reduction.
The JDPA could invoke the dispute resolution process as defined in the partnership agreement or consider legal recovery.
The Authority Members evaluated different approaches and appetite for confrontation. Taking into account the historical journey of setting the grant level of £500k, the impacts of Covid-19 on the Government, the impacts of a reduction in monies on our activities, including industry reaction to ‘funding’ Government Data Protection and Freedom of Information activities/issues as a consequence of the reduction of the grant, which would effectively amount to the imposition of a tax.
The Authority Members considered; 1. The implications of accepting that Government can vary the JDPA’s grant amount per annum. 2. The relationship between accountability and independence. 3. Reduction in grant and the impact on JOIC activities. 4. If the JDPA insist £500k is received in full and then we will rebate any year end surplus. To support Government during this challenging time. 5. Would Government support JDPA financially in the situation of litigation costs? 6. This is against a backdrop of an unprecedented increase in the collection and processing of personal information, locally and regionally, due to the, and increased solicitation of the JOIC as a result (e.g. requests from the public authorities with regard to the privacy implications of measures to fight Covid-19, like the implementation of Jersey’s contact tracing regime). Would the reduction cause serious operational problems?
The Authority Members concluded that: · If JDPA return, some of the 2020 grant monies this is an exception rather than a precedent. · The 2021 £500k is not for discussion · The annual JDPA grant is accepted as £500k. · To build in a £100k litigation fund starting in 2021. |
JDPA agreed to give back monies not spent because of the impact of Covid-19. JDPA agreed that the Information Commissioner and Deputy speak with Government at the end of this meeting to talk technical issues but set up a further in-depth meeting with the Acting Director General Richard Corrigan to discuss principles. |
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3.0 |
Authority Members Remuneration. The Authority discussed the Authority Members Remuneration.
The Authority Members considered the following factors in relation to the proposed remuneration: · Number of days worked for the JDPA compared to the budgeted 12 days per Member. · The new role of sub-committee chairs this increases the annual commitment by 3 days each role. · How the day rate compares to other board members of comparable bodies. · Impact of the financial changes to the JDPA budget. · The Minister is required to approve recommendations made regarding Authority remuneration. |
It was agreed the Deputy Information Commissioner instructs the independent pay review team to revisit the Authority Members part of the review to significantly extend the comparisons and days worked for the different roles. |
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4.0 |
Information Commissioner recruitment update. |
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The Authority Chair advised Members that they have now shortlisted candidates with the interviews scheduled for Monday 14 December and Tuesday 15 December.
If appropriate and required there will be a second interview opportunity on Friday 18 December.
If a second interview in not necessary please could the ALL Authority members make themselves available on Friday 18 December in the morning to discuss the appointment.
It was confirmed that the decision to appoint the Information rests with the Authority only.
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5.0 |
Other Business No other business. The meeting closed at 17:00 |
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