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Discrimination Law and Safeguarding in 2022: 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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 17 June 2022

Decision Reference:  MD-TR-2022-431

Public

Subject: Reserve funding for Discrimination Law and Safeguarding in 2022

 

Report Title: Reserve funding for Discrimination Law and Safeguarding in 2022

Public

Decision(s):

The Minister approved the allocation of up to £162,569 in 2022 from the Reserve for Centrally Held Items – Capital Smoothing Reserve - to the Discrimination Law and Safeguarding heads of expenditure.

Reason for Decision(s):

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 (published as R.76/2022) sets the requirement for all allocations from the Reserve for Centrally Held Items to be reviewed by the Investment Appraisal Team who provide the Treasurer of the States with sufficient information to allow him to reach a decision to recommend the funding. This allocation has been reviewed by the Investment Appraisal Team and the Treasurer has recommended that the funding is approved, as detailed.

Resource Implications: The Reserve for Centrally Held Items – Capital Smoothing Reserve - to decrease by up to £162,569 and the Discrimination Law and Safeguarding heads of expenditure (FA0GP20002 and FA0GP21002) to increase by up to £124,892 and £37,677 respectively. This decision does not change the total amount of expenditure approved by the States in the Government Plan 2022-25.

 

Action Required: The Minister’s Private Secretary to advise the Head of Finance Business Partnering of Children, Young People, Education and Skills that this decision is approved

Signature:

 

 

Signed By: Minister for Treasury and Resources

Date Signed:

 

 

Date of Decision (If different from Date Signed):

 

 

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