Transfer of funds associated with investigations undertaken by Wiltshire Constabulary and court case costs

Information about the publication of Ministerial Decisions

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 2 December 2009 regarding: Transfer of funds associated with investigations undertaken by Wiltshire Constabulary and court case costs.

Decision Reference: MD-HA-2009-0108
Decision Summary Title:	Transfer of Funds to the Home Affairs Department		Date of Decision Summary:	26 November 2009
Decision Summary Author:	Finance Director		Decision Summary: Public or Exempt?	Public
Type of Report: Oral or Written?	Written		Person Giving Oral Report:	N/A
Written Report Title :	Transfer of Funds from the Economic Development and Social Security Departments to the Home Affairs Department		Date of Written Report:	25 November 2009
Written Report Author:	Finance Director		Written Report : Public or Exempt?	Public
Subject: Transfer of funds from the Economic Development and Social Security Departments to the Home Affairs Department to help address overspends within the Home Affairs Department as a result of investigations currently undertaken by the Wiltshire Constabulary and Court and Case Costs.
Decision(s): The Minister decided to accept a transfer of funds of £185,000 from the Economic Development Department and £606,000 from the Social Security Department.
Reason(s) for Decision: The Home Affairs Department Quarterly Financial Report (as at 30 September 2009) forecast a year end overspend of £1,410,000 on Court and Case Costs and £718,000 on investigations currently undertaken by the Wiltshire Constabulary. At its meeting on 12 November 2009 the Council of Ministers considered the consolidated quarterly financial report of all States funded bodies for the period ending 30th September 2009 and agreed that sums equivalent to the anticipated underspends of the Economic Development and Social Security Departments for 2009 would be made available to help address overspends elsewhere. The Council noted that after the above transfers further funds would need to be transferred to address the residual shortfall on the Court and Case Costs budget.
Resource Implications: As above
Action required: The Minister to seek the approval of the Minister for Treasury and Resources in accordance with Financial Direction 3.6 – Variations to Heads of Expenditure.
Signature:		Position: Minister for Home Affairs
Date Signed:		Date of Decision (If different from Date Signed):

Transfer of funds associated with investigations undertaken by Wiltshire Constabulary and court case costs

Home Affairs Department Report for Minister
Subject:	Transfer of Funds from the Economic Development and Social Security Departments to the Home Affairs Department
Exempt Clause:	n/a	Date:	25 November 2009
Author:	Finance Director

Introduction

The purpose of this report is to ask the Minister to agree to the transfer of funds of £185,000 from the Economic Development Department and £606,000 from the Social Security Department to the Home Affairs Department in order to meet overspends in respect of the investigations currently undertaken by the Wiltshire Constabulary and Court and Case Costs.

Background

As the Minister is aware the Quarterly Financial Report (as at 30 September 2009) forecast a year end overspend of £1,410,000 on Court and Case Costs and £718,000 on investigations currently undertaken by the Wiltshire Constabulary.

At its meeting on 12 November 2009 the Council of Ministers considered the consolidated quarterly financial report of all States funded bodies for the period ending 30th September 2009. The Council noted the consolidated position and the forecast overspends on Court and Case Costs identified by the Home Affairs Department and Non Ministerial Departments of £5.6 million.

The Council was advised that the Ministers for Economic Development and Social Security had agreed to make available sums equivalent to their anticipated under spends for 2009 to help address overspends elsewhere. The Council agreed that the sum of £185,000 from the Economic Development Department and the sum of £2.4 million from the Social Security Department should be made available to departments with forecast overspends. Officers of the Treasury and Resources Department have advised that £1,794,000 will be available to the Non Ministerial Departments and £791,000 to the Home Affairs Department.

The Council noted that after the above transfers it was likely a further £1.1 million of any departmental surpluses at the year end would need to be transferred to address the residual shortfall on the Court and Case Costs budget.

It has also been recorded that at this meeting the Minister made the Council aware that in view of previous reporting on funding pressures in 2010 he could not agree to the further estimated shortfall in additional funding required in 2009 of £237,000 (for Court and Case Costs and the Wiltshire Investigation) being covered by forecast under spends within the department.

Recommendations

It is recommended that the Minister:

accepts the transfer funds of £185,000 from the Economic Development Department and £606,000 from the Social Security Department;

seeks the approval of the Minister for Treasury and Resources to transfer funds of £791,200 to the Home Affairs Department in accordance with Section 5.7 of Financial Direction 3.6, Variations to Heads of Expenditure.