Government of Jersey

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 3 February 2010 regarding: Criminal Offences Confiscation Fund - budget transfers relating to court case costs 2009.

Decision Reference: MD-TR-2010-0016
Decision Summary Title:	Non-Ministerial Department transfers from COCF		Date of Decision Summary:	22nd January 2010
Decision Summary Author:	Acting 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:	Non-Ministerial Department transfers from COCF		Date of Written Report:	22nd January 2010
Written Report Author:	Finance Manager - Advisory Unit		Written Report : Public or Exempt?	Public
Subject: Non-Ministerial Department transfers from COCF
Decision(s): The Minister agreed to fund £2.45m of total 2009 criminal Court and Case Costs from the Criminal Offences Confiscation Fund (COCF), by way of the following transfers: Transfer to Law Officers’ Dept.: £1,288,000 Transfer to Judicial Greffe: £945,000 Transfer to Bailiff’s Chambers: £187,000 Transfer to Viscount’s Dept.: £30,000
Reason(s) for Decision: Total Court and Case Costs exceeded the 2009 budget allocated to various Court Department budgets by c£2.5m, as per attached Report. The Council of Ministers had been made aware of this expenditure throughout 2009 by way of the quarterly financial reports and had indicated that the costs should be met from the COCF, as in prior years. In accordance with the provisions of the Proceeds of Crime (Jersey) Law 1999, the Attorney General has been consulted and has given his approval for the use of the COCF monies.
Resource Implications: A transfer of funds of £2.45m from the COCF to the various Court Departments for 2009 only.
Action required: The Finance Director – Corporate Group to request the Head of Financial Reporting to action the necessary transfers and journals.
Signature:		Position: Senator PFC Ozouf, Minister for Treasury and Resources
Date Signed:		Date of Decision: