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Sex Offenders (Jersey) Law 2010: Implementation Costs

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.

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  • 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

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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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 19 September 2011 regarding:

Decision Reference: MD-HSS-2011-0035

Decision Summary Title :

Implementation Costs of the Sex Offenders (Jersey) Law 2010

Date of Decision Summary:

4th August, 2011

Decision Summary Author:

 

Sarah Howard, Assistant Director of Finance, HSSD

Decision Summary:

Public or Exempt?

(State clauses from Code of Practice booklet)

Public

Type of Report:

Oral or Written?

Written

Person Giving

Oral Report:

 

Written Report

Title :

Implementation Costs of the Sex Offenders (Jersey) Law 2010

Date of Written Report:

4th August 2011

Written Report Author:

Sarah Howard, Assistant Director of Finance HSSD

Written Report :

Public or Exempt?

(State clauses from Code of Practice booklet)

Public

Subject:

Implementation Costs of the Sex Offenders (Jersey) Law 2010

Decision(s):

The Minister accepted the part year transfer of funding of £37,000 for a senior practitioner social worker  and a social worker which to enables the department to manage the additional workload arising from the enactment of the Sex Offenders (Jersey) Law 2010, effective 1st January 2011. 

Reason(s) for Decision:

Article 15(1)(a) of the Public Finances (Jersey) Law 2005 states that all or any part of the amount appropriated by a head of expenditure may, with the approval of the Minister for Treasury and Resources, be used for the purposes of another head of expenditure.

 

Section 5.1 of Financial Direction 3.6 also states that Departments wanting to transfer funds between heads of expenditure must obtain the approval of their minister or of their accounting officer where a scheme of delegation exists.Additional workload following the enactment of the Sex Offenders (Jersey) Law 2010.

Resource Implications:

HSSD cash limit for the departmentrevenue head of expenditure will increase by £37,000 in 2011. The recurrent full year budget transfer of £116,000 and the additional 2 FTE for one senior practitioner social worker and one social worker has been managed through the annual business plan for 2012.

Action required:

1. Treasury match this MD with Home Affairs email approvals.1. Assistant Director of Finance, HSSD, to seek the approval of the Minister for Treasury and Resources for the budget transfer.

2. Treasury match this MD with Home Affairs email approvals.

23. Treasury transfer £37,000 from Home Affairs cash limitrevenue head of expenditure to HSSD cash limitrevenue head of expenditure.

Signature:

 

 

Position:

Minister for Health and& Social Services

 

Date Signed:

 

 

 

Date of Decision (If different from Date Signed):

 

 

Hide report
Sex Offenders (Jersey) Law 2010: Implementation Costs

1

 

 

 

Health and Social Services 

Department:

Ministerial Decision Report

 

Implementation Costs of  the Sex Offenders (Jersey) Law 2010

 

 

  1. Purpose of Report

This report seeks approval from the Minister to accept funding from Home Affairs

 

  1. Background

Proposition P132/2009175/2010 outlined the need for the legislation together with the financial and manpower implications of its enactment.  To summarise, this legislation will place more work load on the department’s Community Services in preparing background reports and risk assessments on child(ren) for Child Protection Orders, and risk assessments regarding the threat posed by a registered person within a household where children or a learning-disabled or mentally-ill adult resides. The report detailed the responsibilities of 2 social worker posts which would need to be established to meet the additional work load that would be generated by this legislation.

 

  1. Details of the manpower costs to be incurred by H&SS which are to be funded

The table below is an extract of the table included within P132/2009175/2010:

 

Service

Description

Revenue Costs

Health and

Social Services:

 

1 x Senior Practitioner Social Worker

1 X Social Worker

Specialist psychiatric reports (Court and Case Costs)

 

61,000

55,000

 

The recurrent annual budget transfer has been incorporated within the business plans for HSSD and Home Affairs for 2012, and the part year budget of £37,000 for 2011 is to be accepted by HSSD through Ministerial Decision. This will not be matched by a corresponding Ministerial Decision from Home Affairs (because the CEO for Home Affairs has delegated authority to approve Ministerial Decisions under £100,000), but it will be matched by an email approval.

 

Headcount for these posts (2 FTE) will be transferred to HSSD through the business planning process for 2012.  For the remainder of 2011, Community Services will use the funding to backfill current establishment needed to perform work under this legislation.

 

 

  1. Recommendation

That the Minister accepts the transfer of £37,000 from Home Affairs.

 

  1. Reason for Decision

Article 15(1)(a) of the Public Finances (Jersey) Law 2005 states that all or any part of the amount appropriated by a head of expenditure may, with the approval of the Minister for Treasury and Resources, be used for the purposes of another head of expenditure.

 

Section 5.1 of Financial Direction 3.6 also states that Departments wanting to transfer funds between heads of expenditure must obtain the approval of their minister or of their accounting officer where a scheme of delegation exists.

Permanent transfer of budget from another States department requires approval through Ministerial Decision process.

 

  1. Resource Implications

The cash limit for HSSD revenue head of expenditure will increase by £37,000 in 2011 with a corresponding decrease in in cash limit withinthe  Home Affairs revenue head of expenditure..

 

 

Sarah Howard

Assistant Director of Finance

124th  August 2011

 

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