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Judicial Greffe: Family Court: Reserve Funding

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 on 22 December 2021

Decision Reference: MD-TR-2021-0147

Decision Summary Title:

Reserve Funding for Judicial Greffe for Family Court

Date of Decision Summary:

14th December 2021

Decision Summary Author:

Specialist – Business Cases

Decision Summary:

Public or Exempt?

Public

Type of Report:

Oral or Written?

Written

Person Giving

Oral Report:

n/a

Written Report

Title:

Reserve Funding for Judicial Greffe for Family Court

Date of Written Report:

14th December 2021

Written Report Author:

Specialist – Business Cases

Written Report:

Public or Exempt?

Public

Subject:

The allocation of up to £266,000 from the General Reserve (DEL) to Judicial Greffe head of expenditure.

Decision(s):

The Minister approved an allocation of up to £266,000 from the General Reserve (DEL) to Judicial Greffe head of expenditure to enable the relocation and running costs of the Family Court in line with their associated business case.

Reason(s) for Decision:

Article 15(3) of the Public Finances (Jersey) Law 2019 states that the approval by the States of a Government Plan authorises the Minister to direct how an approved appropriation for a reserve head of expenditure in the plan may be spent (including on another head of expenditure) in the first financial year covered by the plan.

 

The current Policy for Allocations from the Reserve, presented to the States Assembly as R.60/2021,  sets the requirement that all allocations from the General Reserve (DEL) are recommended for approval by the Treasurer of the States, taking into account comments from the Principal Accountable Officer (PAO), prior to submission to the Minister for approval. Where a request for funding is made by Treasury and Exchequer, the Policy requires that the Principal Accountable Officer also recommends the request to the Minister.

 

This has been circulated to the Council of Ministers in accordance with the requirements of the policy.

 

The Investment Appraisal Team has reviewed the business case for this request as part of the Government Plan 2022-25 revenue investment workstream and recommends it for approval on the basis that they have been agreed as strategic priorities by the Council of Ministers as part of the Government Plan process. The future years effects of this business case will be addressed and resourced in the Government Plan 2022-2025, subject to approval of the States Assembly. Following this review, the Treasurer, taking into account comments from the PAO, recommends that the Minister allocates funding from the General Reserve (DEL).

 

The Minister for Treasury and Resources signed a Letter of Comfort on 16th July 2021 stating that she would ring-fence up to £266,000 should the initial costs not be affordable from within the Judicial Greffe head of expenditure. It is highly unlikely that all of this budget is required for 2021 and Judicial Greffe will only receive budget required for a break-even position (excluding court and case costs) for 2021.

 

Resource Implications:

The General Reserve (DEL) to decrease by up to £266,000 and Judicial Greffe head of expenditure to increase by the same amount.

 

The future years effect of this allocation will be addressed and resourced in the Government Plan 2022-2025, subject to approval of the States Assembly. This decision does not change the total amount of expenditure approved by the States in the Government Plan 2021-24.

Action required:

The Head of Financial Governance to advise the Specialist – Business Cases and the relevant Heads of Finance Business Partnering that this decision is approved.

Signature:

 

 

Position:  Deputy S J Pinel, Minister for Treasury and Resources

Date Signed:

 

Date of Decision:

 

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