Budget Transfers: Chief Operating Office to Treasury and Exchequer: Representing the budget and staffing supporting Commercial Services

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 1 October 2021

Decision Reference: MD-TR-2021-0114
Decision Summary Title:	Transfer of Commercial Services from Chief Operating Office to Treasury and Exchequer		Date of Decision Summary:	30th September 2021
Decision Summary Author:	Finance Business Partner - COO		Decision Summary: Public or Exempt?	Public
Type of Report: Oral or Written?	Written		Person Giving Oral Report:	N/A
Written Report Title:	Transfer of Commercial Services from Chief Operating Office to Treasury and Exchequer		Date of Written Report:	30th September 2021
Written Report Author:	Finance Business Partner - COO		Written Report: Public or Exempt?	Public
Subject: The transfer of £6,032,702 and 50 FTE (full-time equivalent posts) from the Chief Operating Office (COO) to Treasury and Exchequer (T&E) representing the budget and staffing supporting Commercial Services.
Decision(s): The Minister approved a recurring transfer of £6,032,702 and 50 FTE posts from COO to T&E representing the budget and staffing supporting Commercial Services, with the operational transfer to be effective from 1st October 2021.
Reason(s) for Decision: Article 18(1)(a) of the Public Finances (Jersey) Law 2019 states that a specified amount appropriated for one head of expenditure may, with the approval of the Minister for Treasury and Resources, be used for the purposes of another head of expenditure that is set out in the government plan. Article 18(4) of the Public Finances (Jersey) Law 2019 states that the Minister shall give the States Assembly at least 4 weeks’ notice before an amount is transferred under paragraph (1)(a). Article 18(5) of the Public Finances (Jersey) Law 2019 states that if a direction under this Article would affect a head of expenditure that relates to the responsibilities of any Minister, that Minister must be consulted before the direction is made. The Minister for Treasury and Resources already has ministerial responsibility for Commercial Services. This will not change. To comply with P.67/1999 which charges the Minister for Treasury and Resources to regulate the number of persons that may be employed by the States.
Resource Implications: The COO revenue head of expenditure to decrease by £6,032,702 and the T&E revenue head of expenditure to increase by an identical amount. The approved FTE of T&E to increase by 50 posts and the approved FTE of COO to decrease by an identical amount. This decision does not change the total amount of expenditure approved by the States in the Government Plan 2021-2024. A further transfer will be needed in 2022. Beyond 2022 the transfer will be reflected permanently in the next Government Plan.
Action required: The Head of Financial Governance to advise T&E and COO Finance Business Partners that this decision is approved. In accordance with Article 18(4) the Greffier of the States is requested to arrange for the attached report to be presented to the States at least 4 weeks before the transfers are concluded. After the expiry of 4 weeks following presentation to the States the transfer may be concluded.
Signature:		Position: Deputy Susie Pinel Minister for Treasury and Resources
Date Signed:		Date of Decision: