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Dormant Bank Accounts (Jersey) Law 2017: Payment of Charity Commissioner Costs for 2023

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 18 December 2023:

Decision Reference:  MD-CM-2023-866

Public

Subject: Dormant Bank Accounts (Jersey) Law 2017 – Payment of Charity Commissioner Costs for 2023

 

Report Title: WR Dormant Bank Accounts (Jersey) Law 2017 – Payment of Charity Commissioner Costs for 2023

Public

Decision(s):

The Assistant Chief Minister with responsibility for Financial Services approved the payment of the costs of the Charity Commissioner for 2023 from the Jersey Reclaim Fund.

Reason for Decision(s):

Details of the costs incurred by the Charity Commissioner for the calendar year 2023 have been provided with confirmation that those costs have been reasonably incurred.  The total sum is £236,216 (two hundred and thirty six thousand, two hundred and sixteen pounds).  The costs are to be paid from the Jersey Reclaim Fund pursuant to the provisions of Article 20 of the Dormant Bank Accounts (Jersey) Law 2017 and the Dormant Bank Accounts (Distribution of Fund Money) (Jersey) Order 2021.  Recognising a potential for a conflict of interest in this decision by virtue of the Chief Minister and Assistant Minister holding responsibility also for the Charities (Jersey) Law 2014, and thus holding ministerial responsibility as payer and payee, approval has been sought from the Minister for Treasury and Resources who was in agreement that this payment should be approved and made.  There are no resource implications for the Government of Jersey as a result of this decision, although it should be noted that no further investment return will now be earned on these funds.

Resource Implications: There are no new financial and/or manpower implications, although it should be noted that no further investment return will now be earned on these funds.

 

Action Required: Department to take necessary action.

Signature:

 

 

Signed By: Deputy Elaine Millar

Date Signed:

 

 

Date of Decision (If different from Date Signed):

 

 

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