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Channel Islands Brussels Office - Joint Funding Agreement

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 10 June 2011 regarding:

Decision Reference: MD-C-2011-0066

Decision Summary Title :

CIBO Joint Funding Agreement

Date of Decision Summary:

7th June 2011

Decision Summary Author:

 

International Affairs Officer

Decision Summary:

Public or Exempt?

(State clauses from Code of Practice booklet)

Public

Type of Report:

Oral or Written?

Written

Person Giving

Oral Report:

N/A

Written Report

Title :

CIBO Joint Funding Agreement

Date of Written Report:

7th June 2011

Written Report Author:

International Affairs Officer

Written Report :

Public or Exempt?

(State clauses from Code of Practice booklet)

Exemptions 3.2.1 (a)(i)

& 3.2.1 (b)

Subject: Joint Funding Agreement between Jersey, Guernsey and the Channel Islands Brussels Office (CIBO).

Decision(s):  The Deputy Chief Minister approved the Joint Funding Agreement for the Channel Islands Brussels Office in partnership with the States of Guernsey.

Reason(s) for Decision: The Channel Islands Brussels Office (CIBO) will strengthen relations between the Channel Islands and European Union (EU) decision-makers; improving the Channel Islands’ influence with European Member States, the European Parliament and the European Commission.  It will also further enhance the States of Jersey Strategic Plan 2009-2014 objectives to: “protect and extend our international identity and personality”; “protect our unique constitution and domestic autonomy” and “strengthen international relationships in order to enhance recognition as a responsible jurisdiction committed to international standards”.

The EU already has a significant impact on many issues that affect the Channel Islands. These issues include trade in agriculture and other goods, air and sea transport, and European issues that impact on financial services.  It is therefore necessary to understand and influence EU thinking, helping to ensure that the Islands are better understood in Europe and avoiding future problems.  The Council of Ministers have discussed the proposal to open a joint Channel Islands Brussels Office and fully support this decision.

Establishing CIBO is an important step forwards in developing the international personality of the Islands; by representing ourselves in Europe we will no longer need to rely on the services of public affairs companies. The UK Government is openly supportive of the Islands’ desire to represent themselves in Brussels by establishing an overseas office, which it has described as a “sensible objective”.  All other European finance centres are either part of the EU (e.g. Luxembourg) or have very active offices in Brussels (e.g. Switzerland). The establishment of CIBO ensures the Islands are no longer the only important European centre without a direct voice in Brussels.

The Joint Funding Agreement authorises the funding of CIBO up to a maximum of £400,000 per annum.  This figure is subject to review and can be revised down or up by Jersey and Guernsey in consultation with CIBO. However, the funding will always be provided equally by Jersey and Guernsey.

The Agreement ensures that CIBO meets the transparency and accountability requirements of a grant funded organisation.  Proper books of accounts must be maintained and CIBO must 'allow appropriate rights of access to review the financial systems of CIBO and review how the funding has been applied', for example by auditors (internal to the States or externally appointed).

As with all organisations receiving grants from the States, CIBO will be required to submit audited accounts to be published by the States, which will include details of all expenditure.

Appropriate advice, both legal and non-legal, has been sought and received from all relevant parties.

Resource Implications:  A yearly grant in the region of £400,000 will be made to CIBO. The funds will come from the existing CMD budget.  The States of Jersey are able to terminate this agreement upon its anniversary by giving 12 months notice.

Action required: The Deputy Chief Minister is requested to sign the ministerial decision agreeing the Joint Funding Agreement.

Signature:

 

 

Position:

 

Senator P.F.C Ozouf

Deputy Chief Minister

Date Signed:

 

 

Date of Decision (If different from Date Signed):

 

 

Signature

Position

(Assistant/Deputy) Chief Executive

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