Freedom of Information Board: Budget transfer from central reserve to establish board

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 18 May 2012:

Decision Reference: MD-C-2012-0050
Decision Summary Title:	Budget transfer from Central Reserve to Chief Minister’s Department revenue to establish Freedom of Information Programme Board		Date of Decision Summary:	8th May 2012
Decision Summary Author:	Finance Director– Corporate Group		Decision Summary: Public or Exempt?	Public
Type of Report: Oral or Written?	Written		Person Giving Oral Report:	N/A
Written Report Title:	Budget transfer from Central Reserve to Chief Minister’s Department revenue to establish Freedom of Information Programme Board		Date of Written Report:	8th May 2012
Written Report Author:	Finance Director – Corporate Group		Written Report : Public or Exempt?	Public
Subject: Budget transfer from Central Reserve to the Chief Minister’s revenue head of expenditure in 2012 to establish a programme board to develop implementation plans for the Freedom of Information (Jersey) Law 2011.
Decision(s): The Deputy Chief Minister agreed to accept a budget transfer in 2012 of £500,000 from the Central Reserve to the Chief Minister’s revenue head of expenditure to provide funds to develop implementation plans for the Freedom of Information (Jersey) Law 2011.
Reason(s) for Decision: Article 2(6) of the Public Finances (Transitional Arrangements) (Jersey) Order 2011 states that all or any part of the amount appropriated by a head of expenditure may, with the approval of the Minister for Treasury and Resources, be used for the purposes of another head of expenditure. Financial Direction 3.6 states that departments wanting to transfer funds between heads of expenditure must obtain the approval of their Minister.
Resource Implications: The Central Reserve to decrease by £500,000 in 2012 and the Chief Minister’s revenue head of expenditure to increase by an identical amount. This decision does not change that total amount of expenditure approved by the States for 2012.
Action required: Project and Research Officer to inform the following that the decision has been made in order to implement: Head of Decision Support (Treasury and Resources) Finance Director – Corporate Group Director – Financial Planning and Performance Acting Chief Executive to recruit project manager to oversee delivery of FOI.
Signature:		Position: Senator B.I. Le Marquand Deputy Chief Minister
Date Signed:		Date of Decision:

Freedom of Information Board: Budget transfer from central reserve to establish board:

Chief Minister’s Department

Ministerial Decision Report

Budget transfer from Central Reserve to Chief Minister’s Department to establish Freedom of Information Programme Board

Purpose of Report

The purpose of this report is to support and effect the recommendation of Council of Ministers that the Treasury and Resources Minister allocate £500,000 to the Chief Minister’s Department (CMD) revenue budget from the Central Reserve for the purposes of establishing a programme board to develop implementation plans for Freedom of Information (Jersey) Law 2011.

Background

The States Assembly adopted the draft Freedom of Information (Jersey) Law on 4th May 2011 and the related Public Records (Jersey) Law in 2002, having been informed that both these laws would generate resource implications for the States.

The Freedom of Information (Jersey) Law 2011 is planned to come into force in 2015 and States Departments must be able to comply with it by that date.

The Council of Ministers considered a report on 15 March 2012 entitled: ‘Freedom of Information Law and Records Management ‘ which offered a summary of the current status of records management across the States and requested that the Council consider establishing a programme board to initiate and oversee an implementation plan to enable the formal introduction of the Law.

The Council was informed that work to implement the Law had yet to commence in earnest at either a corporate or a departmental level. However, the Education, Sport and Culture Department had been able to progress a pilot study to help gauge the implications and complexities arising from the adoption of the Law. Its work had been informed by the report produced in 2011 by consultants socITM for the Council, and which had informed the comment presented to the States by the Council to support debate on the draft Law.

In order to be ready by 2015, the Council of Ministers accepted that implementation requires the establishment, without further delay, of a suitably experienced programme board to drive the project forward and, in particular, to review and, where relevant, to pursue standardisation of and improvements to –

(a) the existing electronic records management systems in operation across the States, and

(b) filing systems and conventions in use within States departments.

The programme board will also review the socITM recommendations made in 2011 and develop an action plan with associated recommendations and funding proposals, for consideration by the Council as soon as possible.

Recommendation

The Chief Minister is recommended to approve a non-recurring budget transfer in 2012 of £500,000 from the Central Reserve to the CMD revenue head of expenditure to provide funds for the establishment of a programme board to oversee the development of plans for the implementation of the Freedom of Information (Jersey) Law 2011 as approved by the Council of Ministers.

Reason for Decision

Article 2(6) of the Public Finances (Transitional Arrangements) (Jersey) Order 2011 states that all or any part of the amount appropriated by a head of expenditure may, with the approval of the Minister for Treasury and Resources, be used for the purposes of another head of expenditure.

Financial Direction 3.6 states that departments wanting to transfer funds between heads of expenditure must obtain the approval of their Minister.

Resource Implications

The Central Reserve to decrease by £500,000 in 2012 and the CMD revenue head of expenditure to increase by an identical amount. This decision does not change the total amount of expenditure approved by the States for 2012.