Comments on P16/2009: Natural Gas Pipeline: Strategic Study

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 (09.03.09) to approve comments on p16/2009: Natural gas pipeline: strategic study.

Decision Reference: MD-TR-2009-0027
Decision Summary Title:	Comment on P16/2009: Natural gas pipeline: strategic study		Date of Decision Summary:	25th February 2009
Decision Summary Author:	Kevin Hemmings		Decision Summary: Public or Exempt?	Public
Type of Report: Oral or Written?	Written		Person Giving Oral Report:	N/A
Written Report Title:	Comment on P16/2009: Natural gas pipeline: strategic study		Date of Written Report:	25th February 2009
Written Report Author:	Kevin Hemmings		Written Report : Public or Exempt?	Public
Subject: Natural gas pipeline: strategic study (P.16/2009) - comment
Decision(s): The Minister approved the comment on P16/2009: Natural gas pipeline: strategic study to be presented to the States at the earliest opportunity.
Reason(s) for Decision: To enable the Minister’s comment on P16/2009: Natural gas pipeline: strategic study to be presented to the States.
Resource Implications: Other than those detailed in the report there are no further financial or manpower Implications.
Action required: Head of Decision Support to forward the comment to the States Greffe and request that it be presented to the States at the earliest opportunity.
Signature:		Position: Senator P F C Ozouf, Minister for Treasury and Resources
Date Signed: 2nd March 2009		Date of Decision: 2nd March 2009

Comments on P16/2009: Natural Gas Pipeline: Strategic Study

Comments on P16/2009 - Natural gas pipeline: strategic study

This proposition seeks the States agreement:

“to request the Minister for Treasury and Resources to identify funding to carry out this study and, if this sum cannot be identified through the reprioritisation of existing heads of expenditure or year-end balances, to request the Minister to bring forward a request under Article 11(8) of the Public Finances (Jersey) Law 2005 for the necessary additional funding to meet the cost of these payments.”

The proposer estimates a maximum cost of £50,000. I am not aware of the basis for this estimate.

Should the States approve this proposition the Minister for Treasury and Resources considers that the requisite funding must be considered against other competing priorities as part of the Strategic and Annual Business Plan processes. In this case, the Minister will consider funding the Study from 2008 underspends, although there are already a number of competing claims for this resource.

Article 11(8) of the Public Finances (Jersey) Law states:

“… the States may, at any time, amend an expenditure approval on a proposition lodged by the Minister on the grounds that –

(a) there is an urgent need for expenditure; and

(b) no expenditure approval is available.”

Whilst part (b) of the Article is satisfied by the current request it is doubtful whether part (a) is. The Article is intended for unavoidable matters, such as protecting the Island’s population from a flu pandemic. It is not intended to be a regular vehicle for ad hoc, in-year requests for additional funding for items which could, and should, be prioritised against other competing demands for resources.