Additional Ofcom Income

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 13 January 2017:

Decision Reference: MD-TR-2016-0116
Decision Summary Title:	Additional Ofcom income within the Financial Services, Digital, Innovation and Competition Division of the Chief Minister’s Department		Date of Decision Summary:	9th January 2017
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:	Additional Ofcom income within the Financial Services, Digital, Innovation and Competition Division of the Chief Minister’s Department		Date of Written Report:	9th January 2017
Written Report Author:	Head of Decision Support		Written Report : Public or Exempt?	Public
Subject: Request for windfall income of £272,528 in relation to wireless telegraphy licence fees and the use of additional income in 2016 to be added to the Chief Minister’s Department Revenue Head of Expenditure.
Decision(s): The Minister agreed that the additional income of £272,528 in relation to wireless telegraphy licence fees be added to the Chief Minister’s Department Revenue Head of Expenditure for 2016. Use of additional income will be considered as part of the 2016 carry forward process.
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; or (b) the Minister may, either within or after the end of the financial year, with the agreement of the person responsible for the States funded body, transfer all or part of the excess income to contingency expenditure. A decision (MD-CMD-2017-0001) was signed by the Chief Minister on 6th January 2017.
Resource Implications: Use of additional income of £272,528 to be added to the Chief Minister’s Department revenue Head of Expenditure for 2016.
Action required: The Head of Decision Support to inform the Digital Policy Adviser – Chief Minister’s Department that this Decision has been approved.
Signature:		Position: Senator A J H Maclean, Minister for Treasury and Resources
Date Signed:		Date of Decision: