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A decision made 3 February 2010 regarding: Historical Child Abuse Enquiry - budget transfers for expenditure 1 October - 31 December 2009.

Decision Reference: MD-TR-2010-0013
Decision Summary Title:	Transfer of Approved HCAE Funds to States Departments Which Incurred Expenditure in the Fourth Quarter 2009		Date of Decision Summary:	21 January 2010
Decision Summary Author:	Head of Decision Support		Decision Summary: Public or Exempt?	Public
Type of Report: Oral or Written?	Written		Person Giving Oral Report:	N/A
Written Report Title:	Transfer of Historical Child Abuse Enquiry Funds to Law Officers, Health & Social Services and Home Affairs Departments for Actual Expenditure Incurred 1 October to 31 December 2009		Date of Written Report:	21 January 2010
Written Report Author:	Finance Manager, Decision Support		Written Report : Public or Exempt?	Public
Subject: Transfer of £524,729 from the Treasury and Resources Department to Law Officers’, Health and Social Services and Home Affairs departments for actual HCAE expenditure incurred between 1 October and 31 December 2009 and carry forward the unallocated balance to 2010.
Decision(s): The Minister for Treasury and Resources approved the transfer of HCAE expenditure incurred to the following departments:- The Minister also approved the carry forward of the 2009 unallocated funds of £1,152,000 to meet anticipated HCAE costs in 2010.
Reason(s) for Decision: To transfer funds in accordance with the approval of P.83/2009 (approved by the States in July 2009) which requested an additional £4.25 million under Article 11(8) of the Public Finances (Jersey) Law 2005. These funds are held centrally by the Treasury and only transferred to departments quarterly. This decision reallocates those funds already approved by the States to the three departments listed above.
Resource Implications: Resource implications are noted in the report.
Action required: Head of Financial Planning action the budget transfers and to inform the relevant departments of the transfers.
Signature:		Position: Deputy E. J. Noel, Assistant Minister for Treasury and Resources
Date Signed:		Date of Decision:

Historical Child Abuse Enquiry - budget transfers for expenditure 1 October - 31 December 2009

TREASURY AND RESOURCES MINISTER

Transfer of historical child abuse enquiry funds to law officers’, health and social services and home affairs departments for actual expenditure incurred to 31 december 2009

Purpose of Report

To inform the Minister for Treasury and Resources of the total States Historic Child Abuse Enquiry (HCAE) expenditure incurred between 1 January and 31 December 2009. To recommend that the Minister approves requests made by the Law Officers’, Home Affairs and Health and Social Services Departments for the release and reimbursement of HCAE funding from Treasury and Resources to the respective departments for expenditure incurred during the last quarter of 2009.

Background

P.83/2009 (Funding Requests Under Article 11(8)) was approved by the States in July 2009. In accordance with Article 11(8) of the Public Finances (Jersey) Law 2005, P.83/2009 asked the States to approve:-

“That funding up to a maximum of £4,250,000 should only be made available to departments from the allocation to the Treasury and Resources Department by public ministerial decision of the Minister for Treasury and Resources based on documented evidence of actual additional costs incurred as a result of the Historic Child Abuse Enquiry.”

In addition to the £4.25 million allocated for 2009, £846,000 was carried forward from 2008 for items that departments could demonstrate would not be paid for until 2009:-

The table above shows a total funding of £5.64 million has been approved up until the end of 2009. In accordance with P.83/2009, the Treasury and Resources Department will only draw down such sums from the Consolidated Fund and reallocate to departments to reimburse actual expenditure provided accounting officers can confirm:-

Costs are essential to the Historic Child Abuse Enquiry;
Costs cannot be absorbed within existing cash limits;
Costs are additional to usual expenses;
Reimbursements of funds will only be used for purposes intended;
There are appropriate controls in place to ensure that funds are being spent appropriately and value for money is being achieved; and
Financial directions are being complied with in respect of this expenditure.

The Treasury and Resources Department has received confirmation of the above from the relevant accounting officers. In particular the accounting officer of the Home Affairs Department has confirmed that he is satisfied with the controls in place over expenditure on the Enquiry within his department.

Actual Positions at 31 December 2009

The following table reports total amounts approved by P.83/2009, actual expenditure up to the end of the third quarter, (approved via MD-TR-2009-0186), and amounts spent during the last quarter for which further approval is sought.

It is recommended that the additional £64,082 spent by the Law Officers’ Department over their forecast amount is met from the £166,263 contingency and the remaining unallocated funds of £1,516,533 are to be carried forward to meet anticipated HCAE costs in 2010.

Law Officers’ Department

In a memo sent to the Treasury and Resources Department signed off by the Chief Clerk, the Law Officers’ Department reports a total spend of £168,644 Between 1 October and 31 December 2009 for which they require reimbursement. The detail of that expenditure is as follows:-

The Law Officers’ Department had a total budget of £1,055,000 for HCAE expenditure during 2009. Despite forecasting a breakeven position at the end of the third quarter, the actual position for 2009 was £1,119,000, which is £64,000 more than forecast. This amount will be met from the £166,000 contingency available.

Home Affairs Department

The Minister for Home Affairs has requested the Minister for Treasury and Resources to reimburse £185,400 of its expenditure incurred during the final quarter of 2009 in relation to HCAE:-

The Department was allocated £2,500,500 in 2009 for unbudgeted HCAE costs. The actual spend of £2,305,500 for 2009 leaves an unallocated amount of £195,000 which will be carried forward to cover 2010 HCAE costs.

Expenditure for the last quarter is made up of the following items:-

Staff - £119,000

Staff costs include overtime costs of States of Jersey Police Officers, local agency staff, UK Police Officers and UK Agency staff working on the Enquiry.

Forensics - £400

Forensic costs associated with the HCAE. These have been identified separately due to the high level of expenditure in 2008.

Travel, Accommodation and Subsistence - £25,000

Travel: £8,000

Includes travel costs:

To and from the UK for Police Officers and Agency staff working in Jersey;
Staff visiting potential witnesses; and
Staff attending relevant training.
Refund of costs from the Law Officers Department for witness travel costs.

Accommodation: £33,000

Hotel, and self catering accommodation in Jersey for Police Officers and Agency staff from the UK working in Jersey;
Hotel accommodation for staff attending relevant training and visiting potential witnesses.

Terms and conditions have been agreed with Police Officers and Agency staff working in Jersey regarding travel, subsistence and accommodation allowances that were endorsed by the Police Gold Command Group in November 2008.

Subsistence: £356

This includes payments for staff working on the HCAE in Jersey and off Island.

Other costs - £41,000

Includes:

The cost of the expenditure review being undertaken by BDO Alto for the accounting officer (NB the results of this review are not yet available);
Storage cost of material removed from Haut de la Garenne;
Utility costs;
Telephones;
Vehicle hire, lease and running costs;
Conference and Course fees; and
Equipment and material purchase.

Health and Social Services Department

The Minister for Health and Social Services has requested the Minister for Treasury and Resources to reimburse £170,770 of its HCAE expenditure incurred between 1 October and 31 December 2009. The details for which are as follows:-

The Department was allocated £1,331,600 in 2009 for unbudgeted HCAE costs. The actual spend of £540,070 leaves an unallocated amount of £791,530 which will be carried forward to cover 2010 HCAE costs.

Carry Forward to Meet HCAE Forecast Expenditure for 2010

The following table shows budgeted expenditure against actual expenditure for 2009 and HCAE expenditure forecast for 2010:-

The £1.52 million unallocated expenditure for 2009 will be carried forward to meet 2010 forecast expenditure of £1.2 million. This leaves a balance of approximately £365,000 to be used as a contingency.

Recommendation

That the Minister for Treasury and Resources approves the transfer of £524,729 from Treasury and Resources to the respective departments as outlined in section 3 of this report.

Reason for Decision

To transfer the funds in accordance with the approval of P.83/2009.

Report author : Finance Manager, Decision Support	Document date : 02/02/10
Quality Assurance / Review : Head of Decision Support	File name and path: l:\treasury\sections\corporate finance\ministerial decisions\dss, wrs and sds\2010-0013 - transfer hcae funds incurred expenditure 4qtr 2009 - kh\wr - transfer hcae law officers hss ha actual expenditure to 1 october - nc.doc
MD sponsor : Deputy Treasurer