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Budget Transfer to Chief Minister's Department: Data Protection Capabilities (GDPR): 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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 22 December 2017:

Decision Reference:  MD-TR-2017-0159

Decision Summary Title:

Allocation in 2018 from the Restructuring Provision to the Chief Minister’s Department for funding the initial implementation of Data Protection Capabilities within the States of Jersey

Date of Decision Summary:

18th December 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:

Allocation in 2018 from the Restructuring Provision to the Chief Minister’s Department for funding the initial implementation of Data Protection Capabilities within the States of Jersey

Date of Written Report:

18th December 2017

Written Report Author:

Head of Decision Support

Written Report :

Public or Exempt?

Public

Subject: Request for a non-recurring allocation of up to £489,000 in 2018 from the Restructuring Provision to the Chief Minister’s Department (CMD) revenue head of expenditure to fund the initial implementation of Data Protection Capabilities (GDPR) within the SoJ Departments.

Decision(s): The Minister approved a non-recurring allocation of up to £489,000 in 2018 from the Restructuring Provision to the Chief Minister’s Department (CMD) revenue head of expenditure to fund the initial implementation of Data Protection Capabilities (GDPR) within the SoJ Departments.

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 of amounts not exceeding, in total, the amount available for contingency expenditure in a financial year.

 

The current Contingency Allocation Policy (published as R.110/2017) sets the requirement for all allocations from Contingency over £100,000 to be considered by the Council of Ministers prior to submission to the Minister for approval. The Policy also includes the following:

 

Public Sector Reform (“PSR”)

 

The Council of Ministers has approved the delegation of its role described above to the Minister for Treasury and Resources to consider and, if appropriate, approve restructuring provision funding bids under £500,000 during the MTFP Addition period (2017 – 2019). The Council of Ministers will, however, continue to be updated on all approved restructuring provision bids regardless of their funding level.

 

The Corporate Change and Governance Office Political Oversight Group approved this request at its meeting of 5th October 2017.

 

Resource Implications: The CMD revenue head of expenditure to increase by up to £489,000 in 2018.  The Restructuring Provision within Contingency to decrease by an identical amount.

This decision does not change the total amount of expenditure approved by the States for 2017-2019 in the Medium Term Financial Plan.

Action required: Head of Decision Support to advise the Management Accountant – Treasury and Resources once this decision has been approved.  

Signature:

 

 

 

 

Position: Senator A J H Maclean,

Minister for Treasury and Resources

                

 

Date Signed:

Date of Decision:

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