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L'înformâtion et les sèrvices publyis pouor I'Île dé Jèrri

2012 Carry Forwards for Environmental Protection

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 19 August 2013:

Decision Reference:       MD-PE-2013-0089

Decision Summary Title :

Request for the allocation of carry forward funds from 2012 Central Reserves to the Department of the Environment for Environmental Protection

Date of Decision Summary:

28th July 2013

 

Decision Summary Author:

 

Finance Manager – Department of the Environment

Decision Summary:

Public or Exempt?

(State clauses from Code of Practice booklet)

Public

Type of Report:

Oral or Written?

Written

Person Giving

Oral Report:

N/A

Written Report

Title :

Request for the allocation of carry forward funds from 2012 Central Reserves to the Department of the Environment for Environmental Protection

Date of Written Report:

28th July 2013

Written Report Author:

Finance Manager – Department of the Environment

Written Report :

Public or Exempt?

(State clauses from Code of Practice booklet)

Public

Subject: Transfer of £200,000 of Central Reserves funds as identified in the 2012 Carry Forward Report to the Department of the Environment (DoE) for Environmental Protection

Decision(s): The Minister approved an internal budget transfer of up to £200,000 from the Treasury central reserves to the Department of the Environment for Environmental Protection.

Reason(s) for Decision: To enable DoE to achieve the Scrutiny recommendations for the strengthening of regulation of the Island’s Environmental Protection as highlighted in the 2012 Carry Forward Reports.

Resource Implications: Other than those detailed in the report there are no further financial or manpower implications.

Action required: The Minister for the Department of the Environment to seek approval from the Minister for Treasury and Resources for the budget transfer highlighted above. The Finance Director for the Department of the Environment will then action the budget transfers in conjunction with the Head of Financial Performance Reporting.

Signature:

 

 

Position:

Minister for the Department of the Environment

Date Signed:

Date of Decision (If different from Date Signed):

 

2012 Carry Forwards for Environmental Protection

 

 

Department of the Environment Ministerial Decision Report

 

Request for the allocation of carry forward funds from Central Contingency (one-off) to the Department of the Environment for Environmental Protection

 

  1. Purpose of Report

To enable the Minister to accept an internal budget transfer of up to £200,000 from Central Contingency (one-off) as identified to the Department of the Environment for Environmental Protection.

 

  1. Background

A funding pressure of £150,000 per annum from 2014 was identified by Scrutiny and detailed in the Medium Term Financial Plan (MTFP) Second Amendment for “strengthening the protection and regulation of the Island’s Environment”.

 

The amendment was subsequently withdrawn; however, the 2012 Carry Forwards Report identified £200,000 from Departmental under spends which could be used by the Department for Environmental Protection from Central Contingency (one-off).

 

  1. Discussion

The 2012 Carry Forward Report states:

“Funding pressure identified by Scrutiny and detailed in the Medium Term Financial Plan Second Amendment. Strengthening the protection and regulation of the Island’s Environment including scientific and technical studies to assist compliance with environmental regulation and increase the frequency of environmental monitoring, particularly Marine and Water Pollution”

 

The original MTFP amendment was proposed by Deputy John Young in response to the Environment Scrutiny Panel’s Review ‘Protecting our Marine Environment’ that was presented to the States on 9 Nov. 2011 (ref: S.R.15/2011)[1].

 

Major Key findings (findings 1 & 2) of the Review were;

1.  Manpower and resources within the Department cannot always meet legitimate stakeholder aspirations, and in the event of a serious environmental incident the regular workload of the Environmental Protection team is compromised.

2.  While some aspects of European legislation are adhered to locally, resources available are currently insufficient to permit full compliance with wider environmental directives, such as the Water Framework Directive. There is potentially some lack of clarity amongst the public concerning which elements are legally enforceable.

 

The funding of £200,000 will be used by the Department to help address the two key findings of the Scrutiny report as highlighted above.

 

  1. Recommendation

That the Minister accepts the internal budget transfer of up to £200,000 from Central Contingency (one-off) as identified in the 2012 Carry Forward Report to the Department of the Environment for Environmental Protection.

 

  1. Reason for Decision

Under Financial Direction 3.6 and the Public Finances (Jersey) Law 2005, the approval of the Minister for Treasury and Resources is required for any variations to heads of expenditure. 

 

  1. Resource Implications

The Department of the Environment’s revenue head of expenditure will increase by up to £200,000 in 2013 and Central Contingency (one-off) to decrease by an identical amount.

 

  

 

 

 

 

 

 

 

 


[1] http://www.scrutiny.gov.je/Pages/Review.aspx?ReviewId=22

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