Freedom of Information: Implementation: Funding from Central Contingency

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 14 October 2013:

Decision Reference: MD-TR-2013-0084
Decision Summary Title:	Freedom of Information – revenue allocation from Central Contingency (emerging items)		Date of Decision Summary:	9th October 2013
Decision Summary Author:	Acting Finance Director - Corporate Group		Decision Summary: Public or Exempt?	Public
Type of Report: Oral or Written?	Written		Person Giving Oral Report:	N/A
Written Report Title:	Freedom of Information – revenue allocation from Central Contingency (emerging items)		Date of Written Report:	9th October 2013
Written Report Author:	Acting Finance Director - Corporate Group		Written Report : Public or Exempt?	Public
Subject: Allocation of funding from Central Contingency (emerging items) for the implementation of Freedom of Information (FOI).
Decision(s): The Assistant Minister approved the allocation of up to £4,287,610, comprising of estimates of £797,000 in 2013, £1,833,000 in 2014 and £1,657,610 in 2015 from the Central Contingency (emerging items) to the Chief Minister’s Department (CMD) for the implementation of FOI. The funding is to be drawn down at the request of the Accounting Officer for CMD and the budget transfers will be actioned upon approval by the Treasurer of the States by delegated decisions.
Reason(s) for Decision: On 26th June 2013, the Council of Ministers (CoM) agreed to make available from the Central Contingency for Emerging Items as soon as possible the funding (£4,287,610) which had been identified as necessary for the successful implementation of the Freedom of Information Law. Article 17(2) of the Public Finances (Jersey) Law 2005 states that the Minister for Treasury and Resources is authorised to approve the transfer from contingency expenditure to heads of expenditure of amounts not exceeding, in total, the amount available for contingency expenditure in a financial year. A Growth bid will be submitted by CMD for the next Medium Term Financial Plan (MTFP) period from 2016 to 2019 for consideration in order to continue supporting FOI activities, such as the management of records and data, responding to questions arising from the introduction of the law and in dealing with requests.
Resource Implications: Upon approval by the Treasurer of the States by delegated decisions, the Central Contingency (emerging items) to decrease by up to £4,287,610, comprising of estimates of £797,000 in 2013, £1,833,000 in 2014 and £1,657,610 in 2015, and the CMD revenue head of expenditure to increase by identical amounts in the corresponding years. This decision does not change the total amount of expenditure approved by the States for the period of the current MTFP 2013 to 2015. The growth bid, once submitted by CMD for funding in support of FOI activities beyond 2015, will be considered in the next MTFP period from 2016 to 2019.
Action required: Head of Decision Support to notify the Head of Financial Planning and the Acting Finance Director - Corporate Group that this decision has been approved.
Signature:		Position: Deputy E J Noel, Assistant Minister for Treasury and Resources
Date Signed:		Date of Decision:

Freedom of Information: Implementation: Funding from Central Contingency

Treasury and Resources

Ministerial Decision Report

FREEDOM OF INFORMATION – REVENUE ALLOCATION FROM CENTRAL CONTINGENCY (EMERGING ITEMS)

Purpose of Report

To enable the Assistant Minister for Treasury and Resources to approve a revenue budget transfer of up to £4,287,610, comprising of estimates of £797,000 in 2013, £1,833,000 in 2014 and £1,657,610 in 2015 from the Central Contingency (emerging items) to the Chief Minister’s Department (CMD) for the implementation of Freedom of Information (FOI). The funding is to be drawn down at the request of the Accounting Officer for CMD and the budget transfers will be actioned upon approval by the Treasurer of the States by delegated decisions, the funding for which was agreed by the Council of Ministers on 26 June 2013, for the implementation of the FOI legislation.

Background

The objective of the Freedom of Information (Jersey) Law 2011 is to make the States of Jersey more transparent and accountable by giving the public the right to access information held by the States of Jersey and by requiring that public authorities follow a uniform set of rules when deciding whether or not to disclose information in response to FOI requests. The burden of proof is on the public authority to show that when withholding information it acts in accordance with its obligations under the Law. The Freedom of Information (Jersey) Law 2011 also requires public authorities to ensure that decisions and the reasons for those decisions are made public, unless the information that would be disclosed in so doing is exempt under the Law.

The adoption by the States’ Assembly of a new Freedom of Information (Jersey) Law in May 2011 requires that the States is fully prepared for implementation in early 2015, the target effective date (‘Appointed Day Act’) for the legislation. An Information Management Programme is needed for the delivery of FOI, with appropriate funding put in place to deliver the people, systems, policies and procedures needed to administer the requirements of the law, and to ensure that the States can meet its on-going obligations under the legislation as part of an Information Management function.

It is envisaged that an Information Management team is added to the IS Department, and will be responsible for pulling together the data management, data security, records management and digital content activities that are required to meet the States’ legal obligations under the new FOI law. These activities need to be co-ordinated and consistently applied under a robust governance umbrella. The new team will design and apply a new States’ Information Management infrastructure. This work will be supported by an Information Governance Board (as already recommended in Data Security proposals made in 2009), that would oversee the use and security of information and data held by the States.

In addition to the funding requested above, a significant level of recurring expenditure will be required from 2016 onwards in order to continue with the management of records and data, responding to questions arising from the introduction of the law and dealing with requests. A Growth bid will therefore be submitted by CMD for the next Medium Term Financial Plan (MTFP) period from 2016 to 2019 for consideration.

Recommendation

The Assistant Minister, with reference to the Council of Ministers approval, approved a revenue budget transfer of up to £4,287,610, comprising of estimates of £797,000 in 2013, £1,833,000 in 2014 and £1,657,610 in 2015 from the Central Contingency (emerging items) CMD revenue head of expenditure for the implementation of FOI. The funding is to be drawn down at the request of the Accounting Officer for CMD and the budget transfers will be actioned upon approval by the Treasurer of the States by delegated decisions.

Reason(s) for Decision

On 26th June 2013, the Council of Ministers (CoM) agreed to make available from the Central Contingency for emerging Items as soon as possible the funding (£4,287,610) which had been identified as necessary for the successful implementation of the Freedom of Information Law.

Article 17(2) of the Public Finances (Jersey) Law 2005 states that the Minister for Treasury and Resources is authorised to approve the transfer from contingency expenditure to heads of expenditure of amounts not exceeding, in total, the amount available for contingency expenditure in a financial year.

Resource Implications

Upon approval by the Treasurer of the States by delegated decisions, the Central Contingency (emerging items) to decrease by up to £4,287,610, comprising of estimates of £797,000 in 2013, £1,833,000 in 2014 and £1,657,610 in 2015, and the CMD revenue head of expenditure to increase by identical amounts in the corresponding years. This decision does not change the total amount of expenditure approved by the States for the period of the current MTFP 2013 to 2015.

The growth bid, once submitted by CMD for funding in support of FOI activities beyond 2015, will be considered in the next MTFP period from 2016 to 2019.

Report author : Acting Finance Director Corporate Group	Document date : 9th October 2013
Quality Assurance: Business Manager	File name and path : L:\Treasury\Sections\Corporate Finance\Ministerial Decisions\DSs, WRs and SDs\2013-0084 - Freedom of Information - Budget Tfr from Contingency to CMD\2. WR - FOI Funding from Contingency-130701 (2) Alison Added Figures.doc