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Budget transfer from Central Contingencies to various departments: Mental Health and Capacity Laws: Implementation

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 6 October 2017:

Decision reference: MD-TR-2017-0124

Decision Summary Title:

Contingency Funding to non-Ministerial departments for  implementation of the Mental Health and Capacity Laws

Date of Decision Summary:

5th October 2017

Decision Summary Author:

Head of Decision Support

Decision Summary:

Public or Exempt?

Public

Type of Report:

Oral or Written?

Written

Person Giving

Oral Report:

N/A

Written Report

Title:

Contingency Funding to non-Ministerial departments for  implementation of the Mental Health and Capacity Laws

Date of Written Report:

5th October 2017

Written Report Author:

Head of Decision Support

Written Report :

Public or Exempt?

Exempt (Article 25)

Subject:

The allocation of up to £1,794,400 in total across the years 2017, 2018 and 2019 from Central Contingencies to the Law Officers’ Department, Judicial Greffe and Viscount’s Department revenue heads of expenditure to fund implementation of the Mental Health and Capacity Laws.

 

Decision(s):

The Treasury and Resources Minister approved the allocation of up to £1,794,400 in total across the years 2017, 2018 and 2019 from Central Contingencies to the Law Officers’ Department, Judicial Greffe and Viscount’s Department revenue heads of expenditure to fund implementation of the Mental Health and Capacity Laws.

 

The Minister also approved the following increases in staffing levels to the end of 2019:

  • Law Officers’ Department – 2 FTE (Full-time Equivalent staff)
  • Judicial Greffe – 4 FTE
  • Viscount’s Department – 2.5 FTE

 

Reason(s) for Decision:

Article 17(2) of the Public Finances (Jersey) Law 2005 states that the Minister for Treasury and Resources is authorised to approve the transfer from contingency expenditure or the insurance fund of amounts not exceeding, in total, the amount available for contingency expenditure in a financial year.

 

The Contingency Allocation Policy published by the Minister for Treasury and Resources (R.10/2012) states that all requests for Allocation from Contingency will be considered by the Council of Ministers and this allocation was approved at their meeting on 4th October 2017.

 

Resource Implications:

The revenue heads of expenditure for the Law Officers’ Department, Judicial Greffe and Viscount’s Department will increase by the amounts in the table below and Central Contingencies will decrease by the same amounts. This decision does not change the total amount of expenditure approved by the States in the Medium Term Financial Plan 2016 to 2019.

 

 

Department

2017

2018

2019

Total

Law Officers’ Department

£48,200

£162,400

£162,400

£373,000

Judicial Greffe

£100,400

£532,400

532,400

£1,165,200

Viscount’s Department

£12,000

£134,600

£109,600

£256,200

Totals

£160,600

£829,400

£804,400

£1,794,400

 

 

Staffing levels will increase in the following departments to the end of 2019:

  • Law Officers’ Department – 2 FTE (Full-time Equivalent staff)
  • Judicial Greffe – 4 FTE
  • Viscount’s Department – 2.5 FTE

 

The £1,794,400 in total is proposed to be drawn down as £160,600 in 2017, £829,400 in 2018 and £804,400 in 2019 but the amounts per year may be varied without exceeding the total amounts for each department.

 

Growth funding and additional staff will be requested on a permanent basis in the MTFP 2020-2023.

 

Action required:

The Head of Decision Support to advise the Finance Director of the Corporate Group that this decision is approved.

Signature:

 

 

Position:

Senator A J H Maclean

Minister for Treasury and Resources

Date Signed:

 

Date of Decision:

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