Government of Jersey

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 2 March 2013:

Decision Reference: MD-TR-2018-0025
Decision Summary Title:	Transfer of Children’s Services revenue budget from Health and Social Services to Chief Minister’s Department		Date of Decision Summary:	26th February 2018
Decision Summary Author:	Head of Decision Support		Decision Summary: Public or Exempt?	Public
Type of Report: Oral or Written?	Written		Person Giving Oral Report:
Written Report Title:	Transfer of Children’s Services revenue budget from Health and Social Services to Chief Minister’s Department		Date of Written Report:	26th February 2018
Written Report Author:	Head of Decision Support		Written Report : Public or Exempt?	Public
Subject: The transfer of the Children’s Services revenue budget from Health and Social Services to the Chief Minister’s Department.
Decision(s): The Minister approved the transfer of £18,716,778 from 1st January 2018 from the Health and Social Services (HSSD) revenue head of expenditure to the Chief Minister’s Department (CMD) revenue head of expenditure and further approved a transfer of 224.34 FTE from HSSD to the Chief Minister’s Department.
Reason(s) for Decision: Article (18)(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 transferred from one head of expenditure to another head of expenditure for any purpose. To comply with P67/1999 which charges the Minister for Treasury and Resources to regulate the number of persons that may be employed by the States The transfer reflects movement in direct oversight and accountability for Children’s Services, approved by the Chief Minister, to the Chief Executive. Ministerial accountability for Children’s Services remains with the Minister for Health and Social Services. Ministerial Decisions have been signed by the Minister for Health and Social Services and the Chief Minister.
Resource Implications: The Health and Social Services revenue head of expenditure will decrease by £18,716,778 from 1st January 2018 and the Chief Minister’s Department (CMD) revenue head of expenditure will increase by an identical amount. The transfer represents the budget for the direct costs of Children’s Services. Further transfers of the budget for indirect costs may be necessary once these have been fully quantified. The authorised FTE for the Chief Minister’s Department will increase by 224.34 FTE following the transfer and the authorised FTE for HSSD will reduce by the same number. Any Ministerial Decisions previously signed and approving funding from Central Contingencies to the Children’s Service to now be transferred to CMD.
Action required: The Head of Decision Support to notify the Finance Directors of Health and Social Services and the Corporate Group that the decision has been approved.
Signature:		Position: Senator A J H Maclean, Minister for Treasury and Resources
Date Signed:		Date of Decision:

Budget transfer of Health and Social Services - Children's Services budget to Chief Minister's Department

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Treasury and Resources

Ministerial Decision Report

Transfer of Children’s Services revenue budget from Health and Social Services to Chief Minister’s Department

Purpose of Report

To approve the transfer of £18,716,778 from 1st January 2018 from the Health and Social Services revenue head of expenditure to the Chief Minister’s Department (CMD) revenue head of expenditure.

2. Background

Jersey’s Chief Minister has agreed to give the Chief Executive direct oversight and accountability for Children’s Services.

The Chief Minister took the decision, with the agreement of the Health Minister after the Chief Executive and the new Children’s Commissioner raised concerns about the pace of change in Children’s Services and the possibility that children may still be at risk.

The Chief Executive and the Children’s Commissioner have been reviewing the current arrangements and have both visited Children’s Services to see for themselves what progress has been made since the publication of the Independent Jersey Care Inquiry’s report.

Their assessment was that while Children’s Services have come a long way since the Care Inquiry report, there was still more to do. However, the pace of change was too slow and children may still be at risk.

Ministerial accountability for Children’s Services remains with the Minister for Health and Social Services.

3. Recommendation

The Minister is recommended to approve the transfer of £18,716,778 from 1st January 2018 from the Health and Social Services (HSSD) revenue head of expenditure to the Chief Minister’s Department (CMD) revenue head of expenditure and further approved a transfer of 224.34 FTE from HSSD to the Chief Minister’s Department.

4. Reason for Decision

Article (18)(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 transferred from one head of expenditure to another head of expenditure for any purpose.

To comply with P67/1999 which charges the Minister for Treasury and Resources to regulate the number of persons that may be employed by the States.

The transfer reflects movement in direct oversight and accountability for Children’s Services, approved by the Chief Minister, to the Chief Executive.

Ministerial accountability for Children’s Services remains with the Minister for Health and Social Services.

Ministerial Decision, MD-HSS-2018-0005 has been signed by the Minister for Health and Social Services.

5. Resource Implications

The Health and Social Services revenue head of expenditure will decrease by £18,716,778 from 1st January 2018 and the Chief Minister’s Department (CMD) revenue head of expenditure will increase by an identical amount. The transfer represents the budget for the direct costs of Children’s Services. Further transfers of the budget for indirect costs may be necessary once these have been fully quantified.

The authorised FTE for the Chief Minister’s Department will increase by 224.34 FTE following the transfer and the authorised FTE for HSSD will reduce by the same number.

Any Ministerial Decisions previously signed and approving funding from Central Contingencies to the Children’s Service to now be transferred to CMD.

Report author : Head of Decision Support	Document date: 26th February 2018
Quality Assurance / Review : Head of Decision Support	File name and path: L:\Treasury\Sections\Corporate Finance\Ministerial Decisions\DS, WR and SD\2018-0025 - HSS
MD sponsor : Director of Financial Planning and Performance