Budget Transfers in respect of Historic Child Abuse Enquiry

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A decision made (08.12.2008) to approve transfers from the Treasury and Resources Contingency Fund to reimburse expenditure incurred on the Historic Child Abuse Enquiry.

Decision Reference: MD-TR-2008-0141
Decision Summary Title:	Budget transfers in respect of Historic Child Abuse Enquiry		Date of Decision Summary:	3rd December 2008
Decision Summary Author:	Kevin Hemmings 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:	Budget transfers in respect of Historic Child Abuse Enquiry		Date of Written Report:	3rd December 2008
Written Report Author:	Kevin Hemmings Head of Decision Support		Written Report : Public or Exempt?	Public
Subject: Budget transfers in respect of Historic Child Abuse Enquiry
Decision(s): The Minister approved the transfers from the Treasury and Resources Department Contingency Fund to the following revenue heads of expenditure to reimburse additional actual expenditure incurred on the Historic Child Abuse Enquiry up to 30th September 2008:  Health and Social Services - £29,000  Home Affairs - £1,068,000  Law Officers Department - £479,064  Chief Minister’s - £3,583 Total - £1,579,647
Reason(s) for Decision: The Public Finances (Jersey) Law 2005 and financial direction 3.6 require the Minister for Treasury and Resources to approve significant transfers between revenue and capital heads of expenditure and to report such transfers to the States twice yearly. In September the States approved P91/2008 (Historic Child Abuse Enquiry – Funding) which required the Minister for Treasury and Resources to allocate reimbursement of actual expenditure by public ministerial decision.
Resource Implications: Other than those detailed in the report there are no further financial or manpower Implications.
Action required: Head of Decision Support to ensure that the necessary transfers are effected.
Signature:		Position: Senator T A Le Sueur, Minister for Treasury and Resources
Date Signed: 8th December 2008		Date of Decision: 8th December 2008

Budget Transfers in respect of Historic Child Abuse Enquiry

TREASURY AND RESOURCES MINISTER

Budget transfers in respect of Historic Child Abuse Enquiry

1. Purpose of Report

To enable the Minister to approve a number of budget transfers from capital to revenue and to fulfil the requirements of P91/2008.

2. Background

P91/2008 (Historic Child Abuse Enquiry – Funding) was approved by the States in September 2008. This agreed to allocate up to £7,500,000 to the Treasury and Resources Department in order to reimburse departments for actual expenditure incurred on the Enquiry.

Departments are required to submit quarterly returns to the Treasurer of the States of actual expenditure incurred. At the end of June 2008 £2,960,417 was reimbursed as follows (MD-TR-2008-0086):

· Health and Social Services - £124,000

· Home Affairs - £2,579,000

· Economic Development - £210,000

· Chief Minister’s - £47,417

Based on returns to 30th September 2008 an additional £1,579,647 is now requested to be reimbursed:

· Health and Social Services - £29,000

· Home Affairs - £1,068,000

· Law Officers Department - £479,064

· Chief Minister’s - £3,583

The table below gives a summary of the position as at 30th September 2008. At that date £397,370 of the approved £7,500,000 remained to be allocated to departments if expenditure is as forecast. This balance will be carried forward to assist in meeting further Historic Child Abuse Enquiry costs in 2009.

Department	Forecast at 30th Sept	Allocated June	Allocated Sept	Remaining forecast
	£	£	£	£

Health and Social Services	225,000	124,000	29,000	72,000
ESC - Jersey Archive	65,000		0	65,000
Home Affairs	4,522,000	2,579,000	1,068,000	875,000
Treasury and Resources (Property Holdings)	550,000		0	550,000
Law Officers	1,000,000		479,064	520,936
Economic Development	210,000	210,000	0	0
Chief Minister's	81,000	47,417	3,583	30,000
Contingency	449,630		0	449,630

Total	7,102,630	2,960,417	1,579,647	2,562,566

3. Departmental funding requests

Three of the departments seeking reimbursement have confirmed that:

· there are appropriate controls in place to ensure that funds are being spent appropriately and that value for money is being achieved and that

· Financial directions are being complied with in respect of this expenditure.

The accounting officer of the Home Affairs department had stated that he has taken all reasonable steps to discharge his responsibilities under the Public Finances Law in seeking the necessary assurances concerning the expenditure of public funds associated with the historical child abuse enquiry. However he also states that he is unable to give an assurance that the level of expenditure incurred whilst the previous Senior Investigating Officer was in charge of the investigation was entirely justified. Despite this the Minister for Treasury and Resources has agreed to reimburse the accounting officer to protect his legal position but the Treasurer of the States has asked for urgent discussions on proposed solutions to this situation.

Health and Social Services

The department requests reimbursement of £29,000 additional actual expenditure in 2008 (total £153,000 to 30th September 2008):

Home Affairs

The department requests reimbursement of £1,068,000 additional actual expenditure in 2008 (£3,647,000 to 30th September 2008):

Law Officers Department

The department requests reimbursement of £479,064 for Case Fees to 30th September 2008. No expenditure had previously been claimed in 2008. Potential costs for 2009 have now been adjusted to reflect an extension of timescales where expenditure anticipated too be made in 2008 is likely to be expended in 2009. It has also been agreed that an additional (fixed term) Legal Adviser, who will be based at the Police Headquarters and commence employment in 2009, will also be met from these costs.

Chief Minister’s

The department requests reimbursement of £3,583 additional actual expenditure in 2008 (£51,000 to 30th September 2008) for expenditure by the Communications Unit. The Communications Unit has had to employ specialist advice for the duration of the investigation. This includes fees for advice and associated costs, such as travel and equipment.

4. Recommendation

That the Minister approves the transfers from the Treasury and Resources Department Contingency Fund to the following revenue heads of expenditure to reimburse additional actual expenditure incurred on the Historic Child Abuse Enquiry up to 30th September 2008:

· Health and Social Services - £29,000

· Home Affairs - £1,068,000

· Law Officers Department - £479,064

· Chief Minister’s - £3,583

Total - £1,579,647

5. Reason for Decision

The Public Finances (Jersey) Law 2005 and financial direction 3.6 require the Minister for Treasury and Resources to approve significant transfers between revenue and capital heads of expenditure and to report such transfers to the States twice yearly. In September the States approved P91/2008 (Historic Child Abuse Enquiry – Funding) which required the Minister for Treasury and Resources to allocate reimbursement of actual expenditure by public ministerial decision.

States Treasury Head of Decision Support

16 December, 2008 for decision 8th December 2008