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Budget transfer from Central Contingency to Education Department: Rescindment of means-tested nursery education

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 29 March 2018

Decision Reference:  MD-TR-2018-0042

Decision Summary Title:

Provisional transfer from Central Contingency to the Education Department following the Education Minister’s decision to  rescind means-tested Nursery education

Date of Decision Summary:

28th March 2018

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 from Central Contingency to the Education Department following the Education Minister’s decision to  rescind means-tested Nursery education

Date of Written Report:

28th March 2018

Written Report Author:

Head of Decision Support

Written Report :

Public or Exempt?

Public

Subject: The provisional transfer of up to £250,000 in 2018 and up to £467,000 in 2019 from Central Contingency to the Education Department revenue head of expenditure following the Education Minister’s decision to rescind means-tested nursery education from September 2018.  

Decision(s): The Minister approved the provisional transfer of up to £250,000 in 2018 and up to £467,000 in 2019 from Central Contingency to the Education Department revenue head of expenditure following the Education Minister’s decision to rescind means-tested nursery education from September 2018.  

 

The Contingency funding provisionally allocated is subject to the Department demonstrating that it is not able to meet the costs from existing resources, through efficiency savings or underspends, in 2018 and 2019. If the department is in an overspend position for either year after meeting costs of the decision to rescind means-tested nursery education the Contingency funding allocated by this decision will be that required to achieve a break-even position, up to a maximum of the above sums.

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 purpose of introducing means testing in 2016 was to enable the Education Department to meet its savings commitment for the MTFP and to control the expenditure of the Nursery Education Fund. The MTFP savings target is £250,000 in 2018 rising to £467,000 in 2019. Withdrawing the means testing proposal will mean this saving will have to be found elsewhere, either from another part of the Education Department’s budget or from central funds (e.g. contingency). The Education Minister recognises both these options present challenges, particularly as education has been recognised as a strategic priority by the Council of Ministers.

 

The Education Minister’s decision to rescind means-tested nursery education was discussed at the CSB meeting on 23rd January 2018 and the position noted at the Council of Ministers meeting on 7th February 2018.

 

Resource Implications: Central Contingency to decrease by up to £250,000 in 2018 and up to £467,000 in 2019 and the Education Department revenue head of expenditure to increase by identical amounts if required.

 

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 Director Policy & Planning – Education Department 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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