Economic Development Department: Use of additional Ofcom income and carry forward unspent balance to 2013

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 7 December 2012:

Decision Reference: MD-TR-2012-0082
Decision Summary Title:	Carry Forward of EDD Ofcom Income to 2013		Date of Decision Summary:	22nd November 2012
Decision Summary Author:	Director of Financial Planning and Performance		Decision Summary: Public or Exempt?	Public
Type of Report: Oral or Written?	Written		Person Giving Oral Report:	N/A
Written Report Title:	Carry Forward of EDD Ofcom Income to 2013		Date of Written Report:	22nd November 2012
Written Report Author:	Business Manager		Written Report : Public or Exempt?	Public
Subject: Economic Development Department (EDD) use of additional Ofcom income and carry forward of unspent balance to 2013.
Decision(s): The Minister decided to: (a) agree that the unanticipated income of £212,216 to EDD in 2012 from Ofcom should be added to the Department’s approved revenue expenditure and recognised as income for 2012 and that any such income not spent by the Department in 2012 can be carried forward for expenditure in 2013 (b) agree that the £300,000 estimated income from Ofcom which was included in the 2012 Annual Business Plan would be subject to the usual carry forwards process. And this is subject to the amount of such income to be carried forward being no more than the total underspend for EDD in 2012.
Reason(s) for Decision: Under Article 19(1) of the Public Finances (Jersey) Law 2005 the Minister for Treasury and Resources can authorise a States funded body to withdraw from the consolidated fund during a year an amount not exceeding the likely excess of income over the amount approved in that year’s revenue allocation. Under Article 18(1) of the Public Finances (Jersey) Law 2005 the Minister for Treasury and Resources can authorise any amount appropriated by a revenue head of expenditure, to be withdrawn from the consolidated fund after the end of the relevant financial year.
Resource Implications: Recognition of income of £212,216 in 2012 and approval to carry forward any of this money unspent into 2013. Any additional underspend above this figure will form part of the carry forwards process. The Minister for Economic Development is clear that this funding cannot be regarded as ‘ring fenced’ should the total underspend for EDD as a whole be less than the amount of the unspent portion of this income. Estimated income of £300,000 and expenditure of £300,000 has been included in the draft Medium Term Financial Plan annually for 2013 and 2014.
Action required: Business Manager to inform the Assistant Accountant, Financial Accounting and Control and EDD Finance Director that this decision has been approved.
Signature:		Position: Senator P F C Ozouf, Minister for Treasury and Resources
Date Signed:		Date of Decision: