Prison Masterplan Phase 6: Additional Funding

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 on the 14 December 2017:

Decision Reference: MD-HA-2017-0099
Decision Summary Title:	Funding of Phase 6 of the Prison Masterplan – Use of Additional Income		Date of Decision Summary:	24 November 2017
Decision Summary Author:	Finance Director Community and Constitutional Affairs		Decision Summary: Public or Exempt?	Public
Type of Report: Oral or Written?	Written		Person Giving Oral Report:	N/A
Written Report Title:	Funding of Phase 6 of the Prison Masterplan		Date of Written Report:	24 November 2017
Written Report Author:	Finance Director Community and Constitutional Affairs		Written Report : Public or Exempt?	Public
Subject: The use of additional income of £195,000 received in 2017 and a non-recurring budget transfer of £195,000 from the Community and Constitutional Affairs (CCA) revenue head of expenditure to the Prison Phase 6 Capital Head of Expenditure.
Decision(s): The Minister: agreed to seek the approval of the Treasurer to use additional income of £195,000 received in 2017; approved a non-recurring budget transfer of £195,000 from the CCA revenue head of expenditure to the Prison Phase 6 capital head of expenditure; agreed to seek the approval of the Treasurer for a non-recurring budget transfer of £195,000 from the CCA revenue head of expenditure to the Prison Phase 6 capital head of expenditure.
Reason(s) for Decision: Article 19(1) of the Public Finances (Jersey) 2005 states that If, during a financial year, the Minister is satisfied that the income of a States funded body which has a revenue head of expenditure for the year is likely to exceed its estimated income taken into account in approving that head of expenditure (a) the Minister may authorize the body to withdraw from the consolidated fund during that year an amount not exceeding the likely excess of income. Delegation 1.3 delegates to the Treasurer of the States or, in his/her absence, another person as nominated by the Treasurer, the power to approve additional income in excess of increased expenditure (i.e. additional surplus income) required to generate that income, but the excess income is more than 10% (up to a maximum of £500,000 for a States trading operation and £100,000 for all other States-funded bodies) of the estimated income notified to the States for that particular service area – this additional income should not be used to fund recurring expenditure for which no future funding is secured. Article 18(1)(c) 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. Delegation 1.2 delegates authority for non-contentious transfers between heads of expenditure of up to £1,000,000 to the Treasurer of the States.
Resource Implications: The CCA revenue head of expenditure to decrease by £195,000 and the Prison Phase 6 capital head of expenditure to increase by £195,000. This decision does not change the total amount of expenditure approved by the States for 2017 in the Medium Term Financial Plan. There are no manpower implications.
Action required: Finance Director to advise the Head of Decision Support that this decision has been approved.
Signature:		Position: Minister for Home Affairs
Date Signed:		Date of Decision (if different from date signed):