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Budget transfers & allocation from General Reserve: Health and Community Services

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 14 December 2023:

Decision Reference:  MD-TR-2023-860

Public

Subject: Addressing Health Pressures in 2023

 

Report Title: WR - Addressing Health Pressures in 2023

Public

Decision(s):

The Minister for Treasury and Resources decided to approve in 2023:  • the repurposing of up to £3.5 million of growth expenditure in Health and Community Services  • the transfer of up to £10 million from the Covid-19 Head of Expenditure to the Health and Community Services Head of Expenditure • an allocation of up to £15 million from the Reserve to the Health and Community Services Head of Expenditure

Reason for Decision(s):

Article 18(1)(a) of the Public Finances (Jersey) Law 2019 states that a specified amount appropriated for one head of expenditure may, with the approval of the Minister for Treasury and Resources, be used for the purposes of another head of expenditure that is set out in the government plan.  Article 18(4) of the Public Finances (Jersey) Law 2019 states that the Minister shall give the States Assembly at least 4 weeks’ notice before an amount is transferred under paragraph (1)(a).    Article 18(5) of the Public Finances (Jersey) Law 2019 states that if a direction under this Article would affect a head of expenditure that relates to the responsibilities of any Minister, that Minister must be consulted before the direction is made. The Council of Ministers has been consulted.   Article 15(3) of the Public Finances (Jersey) Law 2019 states that the approval by the States of a Government Plan authorises the Minister to direct how an approved appropriation for a reserve head of expenditure in the plan may be spent (including on another head of expenditure) in the first financial year covered by the plan.  The current Policy for Allocations from the Reserve, presented to the States Assembly as R.76/2022, sets out the requirements for allocations from the General Reserve. In this case the Minister has directed that the allocation should be based on the information included in the Financial Recovery Programme.  Under the Public Finances Manual, where funding has specifically been allocated in a Government Plan for a defined purpose (for example, through growth or an approved amendment), any change of use will require a Ministerial Decision from the Minister for Treasury and Resources.

Resource Implications: The General Reserve Head of Expenditure will decrease by up to £15 million. The Covid-19 Head of Expenditure will decrease by up to £10 million.  The Health and Community Services Head of Expenditure will increase by up to £25 million.   This decision does not change the total amount of expenditure approved by the States in the Government Plan 2023-26.

 

Action Required: The Minister’s Private Secretary to advise the Group Director – Strategic Finance and the Heads of Finance Business Partnering for associated Heads of Expenditure that this decision has been approved.  In accordance with Article 18(4) of the Public Finances (Jersey) Law 2019, the Greffier of the States is requested to arrange for the attached report to be presented to the States at least 4 weeks before the transfers are concluded. After the expiry of 4 weeks following presentation to the States the transfer may be concluded.

Signature:

 

 

Signed By: Minister for Treasury and Resources

Date Signed:

 

 

Date of Decision (If different from Date Signed):

 

 

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