Budget transfer from Education Department to Community and Constitutional Affairs: Independent Jersey Care Inquiry (IJCI)

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 21 December 2016:

Decision Reference: MD-TR-2016-0115
Decision Summary Title:	Transfer of budget from the Education Department to Community and Constitutional Affairs to support IJCI		Date of Decision Summary:	19th December 2016
Decision Summary Author:	Head of Decision Support		Decision Summary: Public or Exempt?	Public
Type of Report: Oral or Written?	Written		Person Giving Oral Report:
Written Report Title:	Transfer of budget from the Education Department to Community and Constitutional Affairs for funding to support the Independent Jersey Care Inquiry		Date of Written Report:	19th December 2016
Written Report Author:	Head of Decision Support		Written Report : Public or Exempt?	Exempt (Article 35)
Subject: The non-recurring transfer of £50,000 in 2016 from the Education Department revenue head of expenditure to the Community and Constitutional Affairs revenue head of expenditure for funding to support the Independent Jersey Care Inquiry (IJCI)
Decision(s): The Minister approved a non-recurring transfer of £50,000 in 2016 from the Education Department revenue head of expenditure to the Community and Constitutional Affairs (CCA) revenue head of expenditure.
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. Article 18(1)(c) of the Public Finances (Jersey) Law 2005 states that all or any part of the amount appropriated by a head of expenditure may, with the approval of the Minister for Treasury and Resources, be used for the purposes of another head of expenditure. This funding was previously allocated from Contingency to the Education Department for work to support the Independent Jersey Care Inquiry (IJCI). This funding is no longer required by Education so is being transferred to CCA where there is a need for funding to support the Inquiry. This transfer does not increase the total cost of the Inquiry. Departmental Ministerial decisions were signed by the Minister for Home Affairs on 26th November 2016 (MD-HA-2016-0070) and the Minister for Education (MD-ESC-2016-0030) on 9th December 2016.
Resource Implications: The Education Department revenue head of expenditure to decrease by £50,000 in 2016 and the Community and Constitutional Affairs revenue head of expenditure to increase by an identical amount.
Action required: The Head of Decision Support to notify the Finance Director – Community and Constitutional Affairs and the Head of Finance - Education Department that the decision has been approved.
Signature:		Position: Senator A J H Maclean, Minister for Treasury and Resources
Date Signed:		Date of Decision: