Approval and Delegation of Spending Powers.

Information about the publication of Ministerial Decisions

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 (30/01/2007) regarding: Approval and Delegation of Spending Powers.

Subject:	Approval and Delegation of Spending Powers
Decision Reference:	MD-HA-2007-0015	Exempt clause(s):		Written Report - n/a Appendices – 3.2.1 (a) (x)
Type of Report (oral or written):	Written	Person Giving Report (if oral):
Telephone or e-mail Meeting?		Report File ref:		Finance/Liz Middleton/MD Delegations
Written Report – Title:	Approval and Delegation of Spending Powers	Written report – Author:		Liz Middleton Finance Director
Decision(s): The Minister approved: (i) the existing spending powers for the Home Affairs Department; (ii) the delegation of any changes to existing spending powers, and new spending powers to the Chief Executive Officer and Finance Director.
Reason(s) for decision: From 1st January 2006 (when the Public Finances (Jersey) Law 2005 and Financial Directions came into effect) all previous spending delegations became invalid. This is due to the fact that the new Law makes the Accounting Officer primarily responsible for spending sums approved by the States. Previously money had been allocated to Committees, who needed to delegate the ability to spend to officers. It is therefore necessary for all departments to have a new scheme of delegations in place in 2006, clearly showing to whom the accounting officer has delegated spending powers and to what limits.
Resource Implications There are no additional financial or manpower implications for the Home Affairs Department.
Action required: Advise Treasury and Resources Department.
Signature: (Minister/ Assistant Minister)			Date of Decision: 30 January 2007