Audit of States aided independent bodies

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 (11.12.06) to agree to an order to set a financial limit above which the Comptroller and Auditor General may audit States aided independent bodies.

Subject:	Agreement of Order – Financial limit above which the Comptroller and Auditor General may audit States aided independent bodies
Decision Reference:	MD-TR-2006-0125		Exempt clause(s):	N/A
Type of Report: (oral or written)	Written		Person Giving Report (if oral):	N/A
Telephone or e-mail Meeting?	N/A		Report File ref:	MW/3/30/11/06
Written Report – Title	Agreement of Order – Financial limit above which the Comptroller and Auditor General may audit States aided independent bodies		Written report - author	Maria Washington – Regulatory Adviser
Decision(s): The Minister requested the Law Draftsman to prepare a draft an Order specifying a figure of “£5,000 or more” being the figure above which the Comptroller and Auditor General is authorised to audit States aided independent bodies.
Reason(s) for decision: The Public Finances (Jersey) Law 2005 allows for the Minister for Treasury and Resources to prescribe in an Order an amount above which the Comptroller and Auditor General is able to audit States aided independent bodies.
Action required Order to be drafted by the law Draftsman and then reported to the States at the next sitting after it is made by the Minister.
Signature: (Minister / Assistant Minister)		Date of Decision: 11th December 2006