Historical Child Abuse Inquiry: Central Contingency Funding request to meet costs incurred to-date by Home Affairs Department

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A decision made 23 January 2015:

Decision Reference: MD-HA-2015-0012
Decision Summary Title:	Funding request for the Home Affairs Department’s costs relating to the Committee of Inquiry into Historical Child Abuse		Date of Decision Summary:	12 January 2015
Decision Summary Author:	Finance Director Home Affairs		Decision Summary: Public or Exempt?	Public
Type of Report: Oral or Written?	Written		Person Giving Oral Report:	N/A
Written Report Title:	Funding request for HAD costs relating to ICI into HCA		Date of Written Report:	12 January 2015
Written Report Author:	Finance Director Home Affairs		Written Report : Public or Exempt?	Public
Subject: Central Contingency funding request in order to fund the costs incurred to date by the Home Affairs Department (HAD) associated with the Committee of Inquiry into Historical Child Abuse.
Decision(s): The Minister agreed to: request a non-recurring budget transfer of £322,000 from Central Contingency to the Home Affairs revenue head of expenditure; accept a non-recurring budget transfer of £262,927 from the Chief Ministers revenue head of expenditure to the Home Affairs revenue head of expenditure; in order to fund the costs incurred by the States of Jersey Police in 2014 relating to the Committee of Inquiry into Historical Child Abuse.
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 to heads of expenditure of amounts not exceeding, in total, the amount available for contingency expenditure in a financial year.
Resource Implications: Central Contingency will decrease by £322,000 and the Chief Ministers revenue head of expenditure by £262,927 in 2014 and the Home Affairs revenue head of expenditure will increase by £584,927. This decision does not change the total amount of expenditure approved by the States for the period of the current MTFP 2013 to 2015.
Action required: Finance Director to seek the necessary approvals from the Minister for Treasury and Resources.
Signature:		Position: Minister for Home Affairs
Date Signed:		Date of Decision (if different from date signed):

Historical Child Abuse Inquiry: Central Contingency Funding request to meet costs incurred to-date by Home Affairs Department

Home Affairs Department

Report for Minister

Subject: Funding Request for the Home Affairs Department’s costs relating to the Committee of Inquiry into Historical Child Abuse

Exempt Category: n/a Date: 12 January 2015

Author: Finance Director

Introduction

The purpose of this report is to ask the Minister to:

request a non-recurring budget transfer of £322,000 in 2014 of the approved allocation from Central Contingency;
accept a non-recurring budget transfer of £262,927 in 2014 from the Chief Ministers revenue head of expenditure;

in order to fund the costs incurred by the Home Affairs Department (HAD) associated with the Committee of Inquiry (COI) into Historical Child Abuse in 2014.

Background

At its meeting on 6th March 2013 the States adopted, as amended, proposition P118/2012, Committee of Inquiry: Historical Child Abuse. This approved the establishment of the CoI and its Terms of Reference.

The Minister for Treasury and Resources presented his comments to the States on 4th March 2013, Committee of Inquiry: Historical Child Abuse (P.118/2012) – Comments. These provided estimates of the detailed costs of the Inquiry which would operate over two financial years, 2013 and 2014 (now 2014 and 2015).

The comments also stated “Should the States approve P.118/2012, it is recommended that up to £6,000,000 be allocated from the Central Contingency that Members approved in the Medium Term Financial Plan. Such an allocation would be required to follow the approved and published procedures for Central Contingencies (R.10/2012).”

The Council of Ministers, at its meeting on 30th July 2014, was advised that it had become apparent that members of the CoI had not received a detailed breakdown of what was to be included within its allocated budget. The CoI, whilst mindful of the need to exercise careful management and control of expenditure, wished to be able to operate freely to ensure the Inquiry’s independence and to fulfil its terms of reference. In its published protocols the CoI had made it clear that it was not for the CoI to meet and monitor costs associated with the payment of legal representatives of States bodies, which was out of the control of the CoI, and the CoI had requested that it was able to work to a realistic budget.

Consultation had been carried out with departmental accounting officers to identify the expected cost of the work to be undertaken in respect of the CoI and Members were provided with a summary of the updated estimate of costs and it was noted that the CoMl was being asked to review the current estimate of £6 million and to agree an increase in funding to £9 million.

The CoM, having noted the current funding proposals, concluded that it was content to agree an increase of funding to £9 million and considered that it was appropriate for accounting officers to manage the expenditure in the manner agreed.

Included in the £9 million estimate was an amount of £322,000 for the States of Jersey Police (SoJP) relating to legal costs and support to access the HOLMES database for historic abuse cases. Since July the costs incurred by the SoJP have increased as they are driven by the requirements and administrative processes of the CoI, not by the SoJP. All payments relating to SoJP costs have been authorised by senior officers. The actual costs incurred by the SoJP in 2014 are as follows:

The Chief Executive has been advised of the actual costs incurred by the SoJP in 2014.

The estimated costs (£322,000) will be met from Central Contingency and the additional costs incurred above forecasted estimates (£262,927), due to the administrative processes of the Inquiry which limits the control of the Accounting Officer, from the Chief Ministers revenue head of expenditure.

Recommendation

It is recommended that the Minister

requests a non-recurring budget transfer of £322,000 in 2014 of the approved allocation from Central Contingency;
accepts a non-recurring budget transfer of £262,927 in 2014 from the Chief Ministers revenue head of expenditure;

to cover the costs incurred by the SoJP in 2014 associated with the Committee of Inquiry into Historical Child Abuse.

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

Resource Implications

Central Contingency will decrease by £322,000 and the Chief Ministers revenue head of expenditure by £262,927 in 2014 and the Home Affairs revenue head of expenditure will increase by £584,927.

This decision does not change the total amount of expenditure approved by the States for the period of the current MTFP 2013 to 2015.