Budget Transfer: Contingency funding for Children's Commissioner for Jersey

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A decision made on 6 July 2017:

Decision reference: MD-C-2017-0095
Decision Summary Title:	Contingency Funding - Children’s Commissioner for Jersey		Date of Decision Summary:	6 July 2017
Decision Summary Author:	Director Social Policy		Decision Summary: Public or Exempt?	Public
Type of Report: Oral or Written?	Written		Person Giving Oral Report:	N/A
Written Report Title:	Contingency Funding - Children’s Commissioner for Jersey		Date of Written Report:	6 July 2017
Written Report Author:	Director Social Policy		Written Report : Public or Exempt?	Public
Subject: The allocation of up to £283,000 in 2017 and up to £590,000 in each of the years 2018 and 2019 from Central Contingencies to Community and Constitutional Affairs for the appointment of a Children’s Commissioner for Jersey. A temporary increase of 4.0 fte within Community and Constitutional Affairs, for the period to 31st December 2019 to be funded by the transfer request.
Decision(s): The Independent Jersey Care Inquiry have recommended the appointment of a Children’s Commission for Jersey. The Chief Minister, having consulted with the Council of Ministers, has decided to request that the Treasury and Resources Minister approves the allocation of up to £238,000 in 2017 and up to £590,000 in each of the years 2018 and 2019 from Central Contingencies to Community and Constitutional Affairs Department for the appointment of a Children’s Commissioner for Jersey. The Chief Minister has also requested an increase of 4.0 FTE within the Community and Constitutional Affairs Department, for the period to 31st December 2019.
Reason(s) for Decision: Article 17(2) of the Public Finances (Jersey) Law 2005 states that the Minister for Treasury and Resources is authorised to approve the transfer from contingency expenditure or the insurance fund of amounts not exceeding, in total, the amount available for contingency expenditure in a financial year. The Contingency Allocation Policy published by the Minister for Treasury and Resources (R.10/2012) states that all requests for Allocation from Contingency will be considered by the Council of Ministers. This allocation was approved at their meeting on 26th June 2017, on the understanding that IJCI may recommend such an appointment. 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.
Resource Implications: The Community and Constitutional Affairs revenue head of expenditure to increase by up to £238,000 in 2017 and up to £590,000 in each of the years 2018 and 2019. Central Contingencies to decrease by the same amount in the corresponding years. This decision does not change the total amount of expenditure approved by the States in the Medium Term Financial Plan 2016 to 2019. The £1,463,000 in total is proposed to be drawn down in 2017, 2018 and 2019 but the amount for each year may be varied without exceeding the total amount for the three years A temporary increase of 4.0 FTE within the Community and Constitutional Affairs, for the period to 31st December 2019 The Council of Ministers noted that the increase in funding and staffing levels would be subject to a growth bid for 2020 onwards in the next Medium Term Financial Plan.
Action required: The Director of Social Policy to advise the Finance Director of the Corporate Group of the Chief Minister’s decision
Signature:		Position: Senator Ian Gorst Chief Minister
Date Signed:		Date of Decision:

Budget Transfer: Contingency funding for Children's Commissioner for Jersey

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Chief Minister’s Department

Ministerial Decision Report

Contingency Funding - Children’s Commissioner for Jersey

Purpose of Report

The Independent Jersey Care Inquiry have recommended the appointment of a Children’s Commission for Jersey. The Chief Minister, having consulted with the Council of Ministers, has decided to request that the Treasury and Resources Minister approves the allocation of up to £283,000 in 2017 and up to £590,000 in each of the years 2018 and 2019 from Central Contingencies to Community and Constitutional Affairs for the appointment of a Children’s Commissioner for Jersey.

The Chief Minister has also requested an increase of 4.0 FTE within the Community and Constitutional Affairs, for the period to 31st December 2019.

Background

Matters relating to the proposed introduction of a Children’s Commissioner have been considered by the Council of Ministers, who are supportive of the following recommendations:

a Children’s Commissioner should be appointed

statutory powers for the Commissioner should be provided in stand-alone legislation to be introduced ahead of a root and branch review of the Children’s Law (Jersey) 2002 [1]

a full-time Commissioner should be contracted for an initial 3 year period with the opportunity to review/revise contracted hours after the intima 3 years

the Commission should be appointed by the Chief Minister on the recommendation of a panel, including a Children and Young Person’s panel

the Commissioner may be Jersey resident but must be able to demonstrate their independence. The law will set out that the Commissioner is not, except in relation to specific provisions, subject to the direction or control of:S the States Assembly, any member of the States Assembly, any employee of the States of Jersey

the primary function of a Children’s Commissioner, subject to key stakeholder consultation, would be to protect and promote the rights of children and young people in Jersey. Activities would include:

- Promote awareness and understanding of the rights of children

- Monitor the implementation and impact of the UNCRC and other relevant international rights instruments in Jersey

- Review existing law, policy and practice to examine their effectiveness in respecting the rights of children

- Provide a complaints and investigation service on the basis of the rights, interests and views of all or specific groups of children (as opposed to an ombudsman services in relation to matters relating to individual children)

- Influence and promote the involvement and widespread participation of children in Jersey’s society

- bring any matter to the attention of the States Assembly or Scrutiny they believe is relevant

- publish a report on any matter considered or investigated on a particular subject (e.g.: young carers) or matters relating to law, policy, practice and complaints

The estimated annual and recurring costs for the appointment of a full-time Commissioner are as follows:

2017	Notes	Cost
Appointment	Advertisements; Travel Young person selection panel	£35,000 (Year 1 only)
Set up	Branding Equipment Website	£50,000 (Year 1 only)
Commissioner	1 x FTE A Grade (£100,000 + plus pension and social)[2]	£42,000
Staff	1 x FTE Grade 13 (Research Policy) 1 FTE x Grade 10 (Comms/engage) 1 FTE x Officer Manager/PA Grade 7	£64,000
Operating budget	legal costs (£50k) rent (£35k) consultation/outreach (£50k) accessible materials (£50k) other costs (£90k - based on above information commissioner budget)	£92,000
	2017 Total	£283,000

2018 and 2019 costs	Notes	Cost
Commissioner	1 x FTE A Grade (£100,000 + plus pension and social)[3]	£125,000
Staff	1 x FTE Grade 13 (Research Policy)	£190,000
	1 FTE x Grade 10 (Comms/engage)
	1 FTE x Officer Manager/PA Grade 7
Operating budget	legal costs (£50k) rent (£35k) consultation/outreach (£50k) accessible materials (£50k) other costs (£90k - based on above information commissioner budget)	£275,000
	2018 and 2019 annual	£590,000

Recommendation

The Treasury and Resources Minister is recommended to approve the allocation of up to £283,000 in 2017 and up to £590,000 in each of the years 2018 and 2019 from Central Contingencies to Community and Constitutional Affairs for the appointment of a Children’s Commissioner for Jersey.

The Minister is also recommended to approve an increase of 4.0 FTE within Community and Constitutional Affairs, for the period to 31st December 2019.

Reason for Decision

Article 17(2) of the Public Finances (Jersey) Law 2005 states that the Minister for Treasury and Resources is authorised to approve the transfer from contingency expenditure or the insurance fund of amounts not exceeding, in total, the amount available for contingency expenditure in a financial year.

The Contingency Allocation Policy published by the Minister for Treasury and Resources (R.10/2012) states that all requests for Allocation from Contingency will be considered by the Council of Ministers. This allocation was approved at their meeting on 26th June 2017 on the understanding that IJCI may recommend such an appointment.

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.

Resource Implications

The Community and Constitutional Affairs revenue head of expenditure would increase by up to £283,000 in 2017 and up to £590,000 in each of the years 2018 and 2019. Central Contingencies would decrease by the same amount in the corresponding years. This decision would change the total amount of expenditure approved by the States in the Medium Term Financial Plan 2016 to 2019.

The £1,463,000 in total is proposed to be drawn down in 2017, 2018 and 2019 but the amount for each year may be varied without exceeding the total amount for the three years

A temporary increase of 4.0 FTE within the Community and Constitutional Affairs, for the period to 31st December 2019

The Council of Ministers noted that the increase in funding and staffing levels would be subject to a growth bid for 2020 onwards in the next Medium Term Financial Plan.

[1] It is envisaged that the Commissioner will be appointed ahead of legislation coming into force in order to minimise time delays

[2] Children’s Commissioners: UK £125-130k/Wales £85-90k/ Scotland £70k. Jersey Information Commissioner £111k.

[3] Children’s Commissioners: UK £125-130k/Wales £85-90k/ Scotland £70k. Jersey Information Commissioner £111k.