Data protection the reason behind documents delay

Monday 28 October 2019

The possibility of breaching data protection laws led to delays in the Education, Sport & Culture Committee providing information requested by Scrutiny about a controversial job appointment.

The Scrutiny Management Committee wanted a completely independent and transparent investigation into the Education Committee's role in the appointment of a Head of Curriculum and Standards.

However, the States turned down a bid for funding a Tribunal of Inquiry, leading to the Scrutiny Committee instead saying they would commission their own independent review. 

"My Committee has now determined the terms of reference, together with the methodology, for this review and we have also agreed to appoint a suitable independent examiner to handle the review," said Deputy Green. "At present, we are still awaiting the receipt of the relevant information and documentation before the review process can begin in earnest.

"Once the relevant papers are received by the Office of the Scrutiny Management Committee, they will be supplied to the independent examiner who will be in a position to progress the review.

"The main thing is, my Committee is still intent on commissioning an independent review and, for the time being, we have done all that we can do at our end to progress this to date."

Pictured: The Bailiwick's literacy standards, which new appointment Clare Sealy is now in charge of, are under review due to signs of a decline in key stage 1 and 2. 

Deputy Matt Fallaize had previously vowed that his committee would cooperate fully with any review, and he reiterated that that was the case following Deputy Green's comments. 

“We were advised that disclosing documents which compromised the privacy of third parties could breach data protection laws," he said. 

"We have always wanted to disclose everything related to the appointment because this is what will allow all of the facts to be known and the integrity and good intentions of the Committee to be confirmed publicly. We have had to work with the Scrutiny Management Committee and legal advisors to get to a position where we are able to disclose everything related to the review while respecting the need to observe data protection laws. 

“A couple of weeks ago I met with Deputy Green, the Principal Officer of the Scrutiny Management Committee and other colleagues and we were able to work through the data protection issues.  Having done so, on behalf of the Committee I agreed we would provide all of the documents requested by the end of the first week of November.  I do not know who the Scrutiny Management Committee is going to appoint as their reviewer, but he or she will certainly have access to all of the relevant papers held by or known to members of the Committee together with a full account of events from each member of the Committee in turn.

“My Committee has always been committed to co-operating fully with whatever review or inquiry anyone wanted to carry out and of course this remains the case."

Pictured top: Deputies Matt Fallaize and Chris Green.