States Grants: Accounts of Organisations that have received grant in excess of £100,000

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there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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

Decision Reference: MD-TR-2013-0032
Decision Summary Title:	Presentation to the States of the Accounts of organisations that received a grant of over £100,000 in 2011		Date of Decision Summary:	29 May 2013
Decision Summary Author:	Treasurer of the States		Decision Summary: Public or Exempt?	Public
Type of Report: Oral or Written?	Written		Person Giving Oral Report:	N/A
Written Report Title:	Presentation to the States of the Accounts of organisations that received a grant of over £100,000 in 2011		Date of Written Report:	29 May 2013
Written Report Author:	Treasurer of the States		Written Report : Public or Exempt?	Public
Subject: Presentation to the States of the Accounts of organisations that received a grant of over £100,000 from the States of Jersey in 2011 unless grounds for exemption have been approved in accordance with Financial Direction 5.5 ‘Management of Grants’.
Decision(s): The Minister for Treasury and Resources decided to present to the States the Accounts of organisations that received a grant of over £100,000 in 2011 except where an exemption has been granted in accordance with Financial Direction 5.5 ‘Management of Grants’.
Reason(s) for decision: During the 2009 Annual Business Plan debate (P.117/2009), Amendment No. 4 was adopted (as amended). P.117/2009: Amd (4), Paragraph 2 section (i) (as amended) stated that: ‘All organisations receiving grants from the States submit their accounts to be published as a report to the States; subject to a de minimis limit…except where to do so would breach confidentiality agreements, Codes of Practice or legislation such as Data Protection legislation’. N.B. The de minimis limit originally set has since been changed following discussions between the proposer and the Treasury and Resources Department.
Resource Implications: There are no financial or manpower implications as a result of this decision.
Action required: The Greffier of the States is requested to present the attached Supporting Document to the States and to hold electronic and hard copies of the Accounts at the States Greffe for distribution upon request.
Signature:		Position: Senator P F C Ozouf, Minister for Treasury and Resources
Date Signed:		Date of Decision:

States Grants: Accounts of Organisations that have received grant in excess of £100,000

Treasury and Resources

Ministerial Decision Report

Presentation to the States of THE Accounts of Organisations that Received a Grant of Over £100,000 IN 2011

1. Purpose of Report

To present to the States the 2011 accounts of organisations that received a grant of over £100,000 from the States of Jersey in 2011.

2. Background

The accounts of organisations that received a grant of over £100,000 from the States of Jersey in 2011 that are available for publication as a report to the States are listed in Appendix A. Further details on these and other significant grants are shown in Note 35 ‘Grants’ to the States of Jersey 2011 Financial Report and Accounts.

Exempt accounts

Under Financial Direction 5.5 ‘Management of Grants’ an organisation may request exemption from the publication of its accounts to the States where to do so would disadvantage the organisation’s commercial interests, or breach confidentiality agreements, Codes of Practice (e.g. A Code of Practice on access to Information held by the States, Committees of the States and Departments of the States, June 2004) or legislation (e.g. Data Protection Legislation).

The Jersey Royal Company has claimed an exemption [1] and therefore its 2011 Accounts will not be made available.

Prior presentation to the States

In accordance with relevant legislation, the following organisations have already presented their 2011 Annual Report and Accounts to the States:

Grant Receiving Organisation	Grant Amount £	Reason for exemption
Jersey Competition Regulatory Authority	300,000	R.77/2012
The Jersey Gambling Commission	119,000	R.92/2012
Total	£419,000

Note: The 2011 Accounts for the Jersey International Air Display, who received a grant of £90,000, were received on 7 May 2013.

3. Recommendation

It is recommended that the Minister request the Greffier of the States to present to the States the 2011 accounts of organisations listed in Appendix A that received a grant of over £100,000 from the States of Jersey in 2011.

4. Reason for Decision

During the 2009 Annual Business Plan debate (P.117/2009), Amendment No. 4 was adopted (as amended). P.117/2009: Amd (4), Paragraph 2 section (i) (as amended) stated that:

‘All organisations receiving grants from the States submit their accounts to be published as a report to the States; subject to a de minimis limit…except where to do so would breach confidentiality agreements, Codes of Practice or legislation such as Data Protection legislation’.

N.B. The de minimis limit originally set has since been changed following discussions between the proposer and the Treasury and Resources Department.

Resource Implications

There are no financial or manpower implications as a result of this decision.

Report author : Financial Accountant – Financial Accounting and Control	Document date : 29 May 2013
Quality Assurance / Review : Director of Financial Planning and Performance	File name and path: L:\Treasury\Sections\Corporate Finance\Ministerial Decisions\DSs, WRs and SDs\2013-0032 - Presentation Accounts of organisations received a grant in 2011\WR - Presentation Accounts of organisations received a grant in 2011.doc
MD sponsor : Treasurer of the States

Appendix A – Accounts available for presentation to the States

i Organisation received more than one grant from the States of Jersey.

ii Cash Flow Statement only.

[1] Section 3.2.1(a) (xi) of A Code of Practice on access to information held by the States, Committees of the States and Departments of the States (Adopted by Act of the States dated 20th July 1999, and amended on 8th June 2004).