Thursday 14 December 2023
General Update
I am grateful for the opportunity to provide an update on the work of the Committee for Home Affairs to the Assembly and I make no apologies for focusing on the Committee's priority that is the upcoming MoneyVal evaluation.
The Bailiwick has had, and continues to have, a long-term commitment to the global initiatives aimed at preventing and eliminating financial crime, which is fully supported by the Bailiwick's operational authorities.
As part of our ongoing commitment to keep abreast of, and implement, relevant international standards issued by the Financial Action Task Force (FATF), something which the Bailiwick has done for more than 20 years, the States of Guernsey has recently prepared its National Strategy Combatting Money Laundering, Financing of Terrorism and Financing of Proliferation of Weapons of Mass Destruction.
This National Strategy provides the framework for the Bailiwick to effectively play its part in the global fight against money laundering, terrorist financing and the financing of proliferation of weapons of mass destruction; detecting and disrupting the flow of money that fuels crime and terrorism.
The MoneyVal inspection is not just a priority for the Committee it is apriority for the States of Guernsey and in the months since my last Update Statement work has continued at pace with primary criminal justice and regulatory stakeholders such as the Law Officers Chambers, Guernsey Financial Services Commission, Economic & Financial Crime Bureau, Financial Intelligence Unit, Law Enforcement, Revenue Services and Guernsey Registry.
It is important to remember that MoneyVal is coming to inspect the Bailiwick, not the States of Guernsey, so a combined effort by all involved in the finance sector is very much needed and being developed across a range of stakeholders.
Throughout this year the Assembly has agreed significant legislation which has bolstered our armoury to tackle money laundering and other financial crimes and recovering the proceeds of unlawful conduct using enhanced civil remedies. The States of Guernsey is demonstrating that it is doing everything possible to ensure all necessary and proportionate legislation is agreed and drafted before the MoneyVal inspection.
We will be evaluated against stronger international standards than was the case in 2014 and it is the effectiveness of our compliance with those stronger standards rather than technical compliance which will be key.
The MoneyVal evaluation has been compared to sitting an exam. Like sitting any exam, you can't prejudge the exact outcome. Home Affairs and other States Committees have devoted significant resources in terms of funding, people and effort to ensure a positive outcome. I am confident that the hard work of all authorities will be recognised and reflected in a positive outcome for the Bailiwick.
For those interested in learning more about the process and planned response to the MoneyVal evaluation I would encourage them to visit the financial crime section on gov.gg, accessible via a link on the homepage.
Whilst MoneyVal preparations have been front and centre of the Committee's work this has not been to the detriment of the rest of its mandate which focuses on the safety of the Bailiwick and ensuring it remains an attractive place to work and do business.
UK Immigration policy has been headline news in recent weeks and whilst we have critical nationality links with the UK the Committee continues to make every effort to ensure that our population and immigration policy meets the needs of our Bailiwick, whilst recognising our international obligations.
It has been a year since the work of the Population Immigration Policy Review was endorsed by the Assembly. The Committee has recognised the importance of continuing to engage with industry to monitor the impact of policy changes and reacts promptly to issues as they emerge.
The Committee responded to the challenges that were being highlighted by some employers in relation to a 2 year relevant experience requirement for Short Term Employment Permit roles by reviewing the policy. The policy change, which came into immediate effect, provides greater flexibility for employers while appropriately balancing Guernsey's responsibilities as a CTA member, by ensuring that those who come to our Island are doing so to be productive members of society and do not pose a risk to the security of the Bailiwick.
With so many of our day-to-day activities, both personal and business, reliant on smartphones, computers and the internet; cyber security and online safety are fundamental.
The Committee is in the final stages of contract negotiation with the preferred supplied for the creation of a Guernsey Cyber Security Centre, a key element of the Cyber Security Strategy. This will act as a focal point in the event of a cyber security incident.
The Online Safety Act received Royal Assent on 26 October 2023. This Act will make social media companies legally responsible for keeping children and young people safe online. In September the Committee agreed to seek a full permissive extent clause be included in the Bill to allow the extension of the legislation to Guernsey
The Act is currently being evaluated and analysed to understand which, or any, of the PEC should be extended to the Bailiwick. The intention is to use domestic legislation wherever possible and appropriate.
We are going to be working across Committees - with the Policy & Resources Committee, Committee for Education Sport & Culture and with the support of the Law Officers to progress this work and bring it to the Assembly.
The Sexual Assault Referral Centre 'Willow House' launched the 24/7 helpline to the public on 1 st October. Staffed by a team of trained Crisis Workers.
The Willow House website will go online this month providing greater information to the public as well as professionals working with people who may have experienced rape and sexual assault.
The 24/7 rota will be covered by one Crisis Worker and one Sexual Offence Examiner and the Centre will start to undertake the forensic medical examinations on behalf of Guernsey Police from 1 st January 2024.
Following the States approval of the Committee's policy letter in October, drafting of the legislation to support forensic medical examinations delivered through 'Williow House' is underway. The legislation will allow the SARC to collect, store and destroy evidence collected by the FME in line with the wishes of the service user - giving them complete control and options about happens.
The Committee continues to work closely with Victim Support, Safer and a group of private therapists, to develop pathways to delivery ongoing support for victims.
This term the Committee has recognised the importance of safety in the night time economy and was pleased to have the opportunity to support and work with Poppy Murray, founder of the charity 'Safety Net' established to raise awareness of, and prevent, sexual assault, harassment, and drink spiking in Guernsey. As President I was delighted to represent the Committee at the successful launch of the charity at the beginning of November. Safety Net is an excellent example of how government can work with individuals and the third sector to improve outcomes for the community.
Following the Assembly's support for the development of a new Domestic Abuse Law agreed in September, thanks to the support of the Law Officers the first draft of the Law is complete and has been shared with key stakeholders. The Committee looks forward to considering a draft which incorporates the views of these key contributors early in the new year.
Preliminary scoping of the next phase of the Domestic Abuse legislation has commenced but work will focus on developing and implementing the first phase of reforms.
Since the Committee's last Update Statement there has been increased scrutiny on the States finances.
With staff accounting for 92% of the Committee's budget the process of identifying savings has proved challenging.
There are limited opportunities for the Committee to charge for its services, however, it does see the potential for efficiency, and longer term financial savings to be made through the transformation of services and the Committee has directed a review of the target operating models for Law Enforcement and the Fire Service. Public safety will always remain at the forefront of these considerations. There is concern that that the pressure to make immediate savings in the 2024 budget may in fact inhibit future savings opportunities. As a government we must be aware of is that failing to invest in services will cost in the long term.
As resources allow the Committee continues to progress work which is aligned to the agreed principles of the Justice Framework, however, unfortunately resources do not match the Committee's ambition. New work costs, in both the development and delivery.
The time afforded by the Update Statement does not allow me to cover all of the Committee's activities, however, the Committee is always pleased to meet at any time with Members on matters that engage its broad mandate.
Thank you Sir.