Budget Transfer: Freedom of Information Legislation Support from Emerging Items Contingency Funds

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 26 July 2013:

Decision Reference: MD-C-2013-0076
Decision Summary Title:	Freedom of Information – revenue allocation from Emerging Items Contingency		Date of Decision Summary:	26th July 2013
Decision Summary Author:	Acting Finance Director Corporate Group		Decision Summary: Public or Exempt?	Public
Type of Report: Oral or Written?	Written		Person Giving Oral Report:	N/A
Written Report Title:	Freedom of Information – revenue allocation from Emerging Items Contingency		Date of Written Report:	4th July 2013
Written Report Author:	Acting Finance Director - Corporate Group		Written Report : Public or Exempt?	Public
Subject: Approval of requests for Emerging Items Contingency funds in support of the Freedom of Information legislation and transfer of budgets to the Chief Minister’s Department.
Decision(s): The Chief Minister accepted a revenue budget transfer of £797,000, £1,833,000 and £1,657,610 in 2013, 2014 and 2015 respectively from the Emerging Items Contingency to support the Freedom of Information legislation.
Reason(s) for Decision: The Chief Minister, with reference to the Council of Ministers approval of this funding on 26 June 2013 in support of the Freedom of Information legislation, is recommended to accept budget transfers totalling £797,000, £1,833,000 and £1,657,610 in 2013, 2014 and 2015 respectively from the Emerging Items Contingency under Article 2(6) of the Public Finances (Transitional Arrangements) (Jersey) Order 2011.
Resource Implications: The Chief Minister’s Department’s revenue head of expenditure to increase by £797,000, £1,833,000 and £1,657,610 in 2013, 2014 and 2015 respectively and the Emerging Items Contingency to decrease by £797,000, £1,833,000 and £1,657,610 in 2013, 2014 and 2015 respectively. This decision does not change the total amount of expenditure approved by the States for 2013, 2014 and 2015 in the Medium Term Financial Plan.
Action required: Research and Project Officer to notify the Acting Finance Director - Corporate Group that this decision has been approved.
Signature:		Position: Chief Minister
Date Signed:		Date of Decision:

Budget Transfer: Freedom of Information Legislation Support from Emerging Items Contingency Funds

Chief Minister’s Department

Ministerial Decision Report

FREEDOM OF INFORMATION – ALLOCATION FROM EMERGING ITEMS CONTINGENCY

Purpose of Report

To enable the Chief Minister to accept a revenue budget transfer of £797,000, £1,833,000 and £1,657,610 in 2013, 2014 and 2015 respectively from the Emerging Items Contingency in Treasury and Resources Department, the funding for which was agreed by the Council of Ministers on 26 June 2013, in support of the Freedom of Information legislation.

Background

The objective of the Freedom of Information (Jersey) Law 2011 is to make the States of Jersey more transparent and accountable by giving the public the right to access information held by the States of Jersey and by requiring that public authorities follow a uniform set of rules when deciding whether or not to disclose information in response to Freedom of Information (FOI) requests. The burden of proof is on the public authority to show that when withholding information it acts in accordance with its obligations under the Law. The Freedom of Information (Jersey) Law 2011 also requires public authorities to ensure that decisions and the reasons for those decisions are made public, unless the information that would be disclosed in so doing is exempt under the Law.

The adoption by the States’ Assembly of a new Freedom of Information (Jersey) Law in May 2011 requires that the States is fully prepared for implementation in early 2015, the target effective date (‘Appointed Day Act’) for the legislation. An Information Management Programme is needed for the delivery of Freedom of Information (FOI), with appropriate funding put in place to deliver the people, systems, policies and procedures needed to administer the requirements of the law, and to ensure that the States can meet its on-going obligations under the legislation as part of an Information Management function.

It is envisaged that an Information Management team is added to the IS Department, and will be responsible for pulling together the data management, data security, records management and digital content activities that are required to meet the States’ legal obligations under the new FOI law. These activities need to be co-ordinated and consistently applied under a robust governance umbrella. The new team will design and apply a new States’ Information Management infrastructure. This work will be supported by an Information Governance Board (as already recommended in Data Security proposals made in 2009), that would oversee the use and security of information and data held by the States.

Recommendation

The Minister, with reference to the Council of Ministers approval of this funding on 26 June 2013 in support of the Freedom of Information legislation, is recommended to accept budget transfers totalling £797,000, £1,833,000 and £1,657,610 in 2013, 2014 and 2015 respectively from the Emerging Items Contingency in Treasury and Resources Department.

Reasons for Decision

The application of an Information Management discipline within the States should be planned as an integrated Programme with information viewed and handled as a core business asset. This Programme will be responsible for ensuring that the evidential records of the States’ decisions, activities, transactions and performance are kept; that they are protected whilst remaining accessible and can be quickly and easily found; that when found they can be trusted; and that when disposed of this is done under the auspices of agreed policy and with audit trails maintained. The management of FOI requests into the States would be coordinated and led via a specialist FOI Unit which would track, record and expedite the responses via a process and system.

Resource Implications

The Emerging Items Contingency to decrease by £797,000, £1,833,000 and £1,657,610 in 2013, 2014 and 2015 respectively, and the Chief Minister’s Department’s revenue head of expenditure to increase by, by £797,000, £1,833,000 and £1,657,610 in 2013, 2014 and 2015 respectively.

This decision does not change the total amount of expenditure approved by the States for 2013, 2014 and 2015 in the Medium Term Financial Plan.

Report author : Acting Finance Director Corporate Group	Document date :
Quality Assurance /	File name and path :
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