Budget transfer: 2018 Public Markets Surplus

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 8 January 2019:

Decision Reference: MD-TR-2019-0003
Decision Summary Title:	2018 Budget transfers for Court and Case Costs		Date of Decision Summary:	4th January 2019
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:	2018 Budget transfers for Court and Case Costs		Date of Written Report:	4th January 2019
Written Report Author:	Head of Decision Support		Written Report : Public or Exempt?	Public
Subject: Non-recurring budget transfers in 2018 from the Court and Case Costs Smoothing Reserve within Contingency, the Probation and Aftercare Service and the Judicial Greffe to cover overspends on Court and Case Costs within the Bailiff’s Chambers, the Law Officers’ Department, the Viscounts Department and Community and Constitutional Affairs.
Decision(s): The Minister approved a draw down from the Court and Case Costs Smoothing Reserve within Contingency of £251,399 and non-recurring budget transfers in 2018 of £134,231 from the Judicial Greffe and £41,996 from the Probation and Aftercare Service to cover the overspends on Court and Case Costs in the Bailiff’s Chambers of £126,946, the Law Officers’ Department of £179,505, the Viscounts Department of £42,067 and Community and Constitutional Affairs of £79,108.
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. Article 18(1B) of the Public Finances (Jersey) Law 2005 states that the Minister shall, after consulting the Chief Minister and PAO, give the States Assembly at least 2 weeks’ notice before an amount is transferred under paragraph (1)(c). Article 18(1C) of the Public Finances (Jersey) Law 2005 states that before giving notice under paragraph (1B), the Minister shall, in relation to any States funded body, consult the Minister responsible for that body.
Resource Implications: In addition to a draw down from the Court and Case Costs Smoothing Reserve within Contingency of £251,399 the following revenue heads of expenditure will increase as follows: Bailiff’s Chambers £126,946 Law Officers’ Department £179,505 Viscounts Department £42,067 Community and Constitutional Affairs £79,108 The following revenue heads of expenditure will decrease as follows: Judicial Greffe £134,231 Probation and Aftercare Service £41,996 This decision does not change the total amount of expenditure approved by the States in the Medium Term Financial Plan 2016 to 2019.
Action required: The Head of Decision Support to advise the Finance Manager, Corporate Group of that this decision is approved.
Signature:		Position: Deputy Susie Pinel Minister for Treasury and Resources
Date Signed:		Date of Decision: