Public Finances (Amendment of Law No. 3) (Jersey) Regulations 201-

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 21 September 2015:

Decision Reference: MD-TR-2015-0101
Decision Summary Title:	Amendment to Public Finances Law (No.3) (Jersey) Regulations 201-		Date of Decision Summary:	15th September 2015
Decision Summary Author:	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:	Amendment to Public Finances Law (No.3) (Jersey) Regulations 201-		Date of Written Report:	15th September 2015
Written Report Author:	Head of Decision Support		Written Report : Public or Exempt?	Public
Subject: Amendment to Public Finances Law (No.3) (Jersey) Regulations 201- non-Ministerial States funded bodies.
Decision(s): The Minister decided to withdraw the previously lodged P.57/2015: Draft Public Finances (Amendment of Law No. 3) (Jersey) Regulations 201-. The Minister decided to lodge ‘au Greffe’ the draft Regulations which propose that the existing non-Ministerial States funded bodies are split into 2 categories.
Reason(s) for Decision: The attached Regulations amend the Public Finances (Jersey) Law 2005 (the “Law”) and are a consequence of the States approving P.92/2013 – Justice policy and resources: responsibility. The approval of this proposition meant that the Chief Minister, as part of the executive branch of government, has responsibility for justice policy and resources. In order to reflect the above change, a number of amendments are required to the Law. Currently, under the Law the bodies affected by this matter are defined as non-Ministerial States funded bodies. The draft Regulations would separate the list of non-Ministerial States funded bodies into two parts in order to reflect the bodies relevant to proposition P.92/2013 as listed below.– Viscount’s Department; Judicial Greffe; Law Officers’ Department; Probation Department; and Data Protection Commissioner. . The amendment requires that the Minister for Treasury and Resources must consult the Chief Minister before: approving a transfer to or from a head of expenditure of a non-Ministerial States funded body listed above (approval is not needed where the transfer is a transfer between revenue and capital, in order to comply with accounting standards, or a transfer to give effect to Regulations that transfer Ministerial functions); and authorising the use of any excess income or before transferring the excess income of one of the non-Ministerial States funded bodies listed above to contingency expenditure. These draft Regulations replace those previously lodged as P.57/2015.
Resource Implications: There are no additional financial or manpower implications arising from the adoption of these draft Regulations
Action required: Head of Decision Support to request the Greffier of the States to arrange for the attached draft Regulations to be lodged ‘au Greffe’.
Signature:		Position: Senator A J H Maclean, Minister for Treasury and Resources
Date Signed:		Date of Decision: