2008 Budget transfers in 2008 from funds originally intended for the implementation of Discrimination Legislation.

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A decision made (20/11/2008) regarding: 2008 Budget transfers in 2008 from funds originally intended for the implementation of Discrimination Legislation.

Decision Reference: MD-HA-2008-0082
Decision Summary Title :	2008 Budget Transfers		Date of Decision Summary:	17 November 2008
Decision Summary Author:	Liz Middleton Finance Director		Decision Summary: Public or Exempt?	Public
Type of Report: Oral or Written?	Written		Person Giving Oral Report:
Written Report Title :	2008 Budget Transfers – Discrimination Legislation		Date of Written Report:	17 November 2008
Written Report Author:	Liz Middleton Finance Director		Written Report : Public or Exempt?	Public
Subject: Budget transfers in 2008 from funds originally intended for the implementation of Discrimination Legislation.
Decision(s): The Minister approved the transfer of the budget originally intended for the implementation of Discrimination Legislation to other areas within the Department.
Reason(s) for Decision: In accordance with Financial Direction 3.7 intra-department transfers are allowed during the year when there are ‘significant service changes planned in advance’. With respect to the budget transfers: The Council of Ministers agreed the transfer of funds to the Prison in March 2007 which was ‘consequent on the delaying of new anti-discrimination legislation and associated measures’; the 2008 States Annual Business Plan included the following statement in respect of the Customs and Immigration Service ‘2008 will be a financially challenging one for the Service; however, due to the continued phasing of the introduction of Discrimination Legislation it may be possible to redistribute resources within the Department’s budget to reduce the financial pressures during 2008.’
Resource Implications: Nil
Action required: Finance Director to action budget transfers.
Signature:		Position: Minister for Home Affairs
Date Signed:		Date of Decision (If different from Date Signed):

2008 Budget transfers in 2008 from funds originally intended for the implementation of Discrimination Legislation.

Home Affairs Department Report for Minister
Subject:	2008 Budget Transfers – Discrimination Legislation
Exempt Clause:	n/a	Date:	17 November 2008

Author:	Liz Middleton – Finance Director

Introduction

The purpose of this report is to seek the Minister’s approval to transfer the budget originally intended for the implementation of Discrimination Legislation to other areas within the Department.

Background

In 2007 the Department received £500,000 for the introduction of Discrimination Legislation Funding. The States 2007 Annual Business Plan noted that ‘it is unlikely that all of the funding will be required in the first year following the introduction of the Law and it is intended that the balance of funds will be used to supplement the Prison budget in the short term, until the funding pressures are resolved’. In the event £350,000 was utilised to support the Prison and £100,000 to reduce the impact of the 2006/7 pay award settlements in all Service areas.

In May 2007 the Minister approved the allocation of the Department’s 2008 cash limit and noted that the continued phasing of the Discrimination Legislation would allow for the Customs and Immigration shortfall in 2008 to be met within the Department’s cash limit. The States 2008 Annual Business plan included the following statement in respect of the Customs and Immigration Service ‘2008 will be a financially challenging one for the Service; however, due to the continued phasing of the introduction of Discrimination Legislation it may be possible to redistribute resources within the Department’s budget to reduce the financial pressures during 2008.’

In November 2007 the Council of Ministers considered a report concerning the review of funding issues affecting the Prison. The Council, having accepted evidence that the budget for H.M. Prison La Moye fell short of the resources required for the size and complexity of the task, concluded that there should be an increase in the Prison’s base budget of £1 million for 2008 and a minimum of £1 million for subsequent years, over and above the £500,000 previously allocated by the Council on 8th March 2007 which was ‘consequent on the delaying of new anti-discrimination legislation and associated measures.’

The budgetary position of the Prison and Customs and Immigration Service have been monitored during 2008 and included in the quarterly Ministerial reports and it is now necessary to action the required budget transfers from the Discrimination Legislation funding as follows:

Customs and Immigration Service: £85,000

Prison: £405,000

The balance of £10,000 has been retained within the Home Affairs Executive to meet any costs associated with the implementation of Discrimination Legislation.

Approval of Budget Transfers

It is essential that any changes to the allocation of the Department’s budget approved in the States Annual Business Plan should be authorised and documented to provide an open and robust audit trail of budget movements. Financial Direction 3.7 - Management Accounting details when intra-department transfers are allowed during the year, this includes ‘significant service changes planned in advance’. Section 5.26 states that ‘all budget virements must have supporting documentation, a ministerial decision where a scheme of delegation does not exist’. On 2 July 2007 the Minister approved the delegation of the approval of future non contentious budget transfers of up to £100,000 to the Accounting officer, or Finance Director in his absence. As one of these budget transfers is over £100,000 the approval of the Minister is sought.

The budget transfers will be reflected in the Budget Virement (BV) ledger in JD Edwards.

Recommendation

It is recommended that the Minister approves the transfer of the budget originally intended for the implementation of Discrimination Legislation to other areas within the Department.