Thursday 20 July 2023
General Update
I'm pleased to provide the Assembly with an update on the work of Home Affairs on behalf of the Committee. The time slot is not sufficient to cover the Committee's broad mandate and address all of the issues that occupy it and the need to prioritise has never been more apparent. I shall therefore focus on those areas of strategic priority that have monopolised the Committee's agenda in the last six months:
· The need to comply with international standards, to maintain a competitive and secure environment which supports growth in our economy; and
· Strengthening our Justice framework by tackling domestic abuse and sexual violence, keeping our community safe when they find themselves at their most vulnerable.
The Assembly has been somewhat bombarded by criminal justice related policy letters and legislation this year. It is important to stress that this jurisdiction must and does fully endorse the Financial Action Task Force (FATF) standards. Whilst the subject matter is often technical in nature and could be considered dry, the drivers for dedicating resources to this work are easy to understand and difficult to argue with when our economy relies on a finance industry which competes internationally.
Continuing compliance with the FATF Anti Money Laundering and Countering the Financing of Terrorism (AML/CFT) recommendations and the proliferation of Weapons of Mass Destruction (WMD) is a critical priority.
These are standards against which MoneyVal evaluate and are essential to supporting the sector on which the Island economy relies.
Laundering the proceeds of crime is a global scourge and as a premier international finance centre we must be at the forefront of identifying those proceeds and the criminality behind them.
I would submit that the Assembly, is by now well-aware of the efforts required to be fully prepared for the Moneyval evaluation, a process, which has now started. Further, it is my view that those efforts are an excellent example of cross Committee working between Home Affairs, Policy and Resources and Economic Development. It must also be remembered that it is an evaluation of the whole jurisdiction not just government.
Drawing on resources and expertise from across the organisation, as well as externally, a number of political and officer forums have been established to ensure progress is made in preparation for the MoneyVal inspection. These meet on a very regular basis together with the Law Officers of the Crown, the GFSC, the EFCB, the FIU and the Registry, and actions are agreed and monitored. This is on track and gains momentum.
In addition to strengthening the criminal justice framework through the development of legislation, there has been equal focus on operational delivery, ensuring that services are appropriately resourced to prevent criminal abuse of the financial system and this has proved challenging in the current environment. An assessment of the resourcing pressures against the MoneyVal timeline has been completed. Whilst we are operating in a competitive skills market, steps have recently been taken to revitalise the recruitment strategy to bring in the necessary expertise and I am pleased to report that in recent months there have been a number of appointments and job offers made to bolster resources.
Whilst preparing for the MoneyVal inspection remains a priority of the States, it is important that as a government we recognise that tackling economic and financial crime is an enduring responsibility. There will inevitably be further work as a consequence of the evaluation and in order to ensure we respond to industry advances in this area.
The Committee continues to focus on work which more broadly supports the Bailiwick's economic competitiveness, including: data protection, cyber and telecoms security and responding to the impact of Brexit.
The UK's exit from the EU and the implementation of new regimes in the post-Brexit operating environment, has impacted on many areas of government. For the Committee this has been felt most keenly by the Guernsey Border Agency. There is a significant amount of ongoing work as a result of the heightened scrutiny this jurisdiction now faces as a member of the Customs Union, Free Trade Agreements and the Common Travel Area.
The passage of time since Brexit has not diminished the pressure on services, rather the expectation that as a jurisdiction we shall comply with the requirements around free trade has increased.
Necessary digital upgrades have progressed and amendments to legislation delivered. In the last six months this had resulted in the Committee making amendments to Import Control Orders and Immigration Rules, work which goes largely unnoticed publicly but is absolutely critical if, as a community, we are to continue to enjoy the freedoms and security that we are used to from being part of the CTA and remain an attractive and competitive place to do business.
The Committee was delighted to announce our Law Enforcement data adequacy decision from the UK earlier this month. The UK Government's positive decision on the Bailiwick of Guernsey is the first law enforcement data adequacy decision it has made using new powers gained since leaving the European Union. This decision will help Bailiwick Law Enforcement fight crime and work with UK authorities during investigations, whilst removing any potential barriers to the sharing of vital information that helps keep the Bailiwick safe and secure.
Additionally, work with the European Commission on finalising the Bailiwick's EU adequacy is progressing positively. Staff attended vital meetings in Brussels earlier this year and we are expecting the publication of the final reports in the Autumn. I am happy to report that significant progress continues to be made in these vital areas.
The Committee was pleased to be able to present the Fair Trading Ordinance to the States. A Resolution from last term, but as we continue to respond to the impact of a post-Brexit future based on access to other markets, the implementation of this Ordinance was more timely than ever.
Following the States approval of the Population and Immigration Policy Review (PIPR) proposals in October 2022, the Committee has been working to implement the changes needed to realise the ambitious Resolutions set out in the Policy Letter.
In April 2023, we were able to implement a joint policy framework which combined Immigration's Work Permit Policy (WPP) and Population Management's Employment Permit Policy (EPP). This complex work was prioritised so businesses could access the significant opportunities created by worldwide recruitment at the earliest opportunity and overcome the challenges created by Brexit. We now have one simplified Employment Permit Policy which satisfies two pieces of legislation, as set out in Resolution 9.
Throughout 2023 and 2024 focus will now shift to developing and implementing an improved end to end service as set out in Resolution 11. This will see even closer working and an improved operational delivery model.
Tackling Domestic Abuse and Sexual Violence remains high on our political agenda. Since the Assembly's endorsement of the Strategy in September 2022, significant work has been undertaken to progress proposals with officers from across committees engaged.
This work recognises that as a jurisdiction we have significant work to do to improve the protection of victims of domestic abuse, a crime that has a significant impact in our community. At the beginning of this month the Committee lodged a policy letter which aims to provide our criminal justice system with the tools to combat all types of domestic abuse. When this is debated in September the Committee hopes that the Assembly will support the propositions which will:
· Introduce new substantive primary legislation to criminalise domestic abuse;
· Introduce measures to further protect victims of domestic abuse and their families and reduce the risk of repeat offending, including new preventative and protective civil orders; and
· Amend existing legislation to modernise language in respect of child abuse.
Following the appointment of a Sexual Assault Referral Centre Manager earlier in the year practical work has been completed on preparing the accommodation that was secured at the end of 2022. Internal works have commenced to provide a trauma informed design for the building.
We have always said that establishing a SARC would be an incremental process, and that has been our approach. Identifying and prioritising actions that can deliver real benefits, building towards the service that victims deserve. Establishing the SARC has been broken down into three phases that will allow the pilot to embed and grow:
· Phase 1: Increasing the wrap around services to the current model of Police led investigations and forensic medical examiner provision;
· Phase 2: Establishing and publicising non 'acute' support available to islanders through the SARC; and
· Phase 3: securing independent forensic medical examiner provision.
Real progress is being made in the delivery of Phase 1 and 2 in securing and training workers who will deliver that independent wrap around care and support.
Key to the SARC's success will be raising awareness of the services available. Whilst providing forensic medical expertise with the ability to collect and secure evidence is an essential element of a SARC, for many who access the service it may not be the most important. It is about knowing where to turn to for confidential, independent advice and support that help individuals work through their trauma in a safe environment.
The Committee is working towards having that independent 24 hour first contact support delivered by trained specialist Crisis Workers going live before the end of the year. This will open the door to accessing practical support and sign-posting provided by Independent Sexual Violence Advisors. If required, survivors will then be able to access direct, fully funded therapeutic support.
These services, which in the future will be complimented by an Independent Forensic Examiner, will meet our aim to see our Sexual Assault Referral Centre in operation before the end of this year.
A modern society accepts that the safety and security of its citizens is the first duty of Government. The Committee is rightly proud of the Operational Services which sit under its mandate who work tirelessly to ensure that our Island community is a safe and secure place to live and do business.
Our Services are operating in a time of considerable financial constraints and high demand, but the Committee remains focussed on the delivery of BAU to keep the island safe and secure.
All of the Services are in the process of issuing Annual Reports and I commend the Assembly to read them all, especially the recognition of the outstanding service given by individual members of our Services. The reports really do demonstrate that this is what "delivery" means for our community.
Most recently, Operation Soteria, a strategy to transform the investigation of rape and serious sexual offences, is being rolled out to all 43 police forces in England and Wales. Guernsey Police are engaging with the national programme of advice and guidance in seeking to achieve better outcomes in the investigation of both rape and serious sexual assaults. The College of Policing are outlining national training standards, training that the Chief Officer will be seeking to ensure is embedded locally with the ambition of significantly improving victims' experience and driving up charging and conviction rates.
As a Committee we have delivered at pace and continue to do so. We know that there is much work still to do, but we will continue to deliver on our mandate for our Island community.