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STATES OF JERSEY
PUBLIC FINANCES (JERSEY) LAW 2005: FUNDING REQUESTS UNDER
ARTICLE 11(8)
Lodged au Greffe on 2nd June 2009
by the Minister for Treasury and Resources
STATES GREFFE
2009 Price code: B P.83 (re-issue)
PROPOSITION
THE STATES are asked to decide whether they are of opinion
- in accordance with Article 11(8) of the Public Finances (Jersey) Law 2005 to amend the expenditure approval for 2009 approved by the States on 23rd September 2008 in respect of the Treasury and Resources Department to permit the withdrawal of up to an additional £4,250,000 from the consolidated fund to be reallocated for the net revenue expenditure of a number of departments in order to fund the Historic Child Abuse Enquiry and that the funding up to a maximum of £4,250,000 should only be made available to departments from the allocation to the Treasury and Resources Department by public Ministerial Decision of the Minister for Treasury and Resources based on documented evidence of actual additional costs incurred as a result of the Historic Child Abuse Enquiry;
- in accordance with Article 11(8) of the Public Finances (Jersey) Law 2005 to amend the expenditure approval for 2009 approved by the States on 23rd September 2008 in respect of the Treasury and Resources Department to permit the withdrawal of up to an additional £2,900,000 from the consolidated fund to be allocated to the Health and Social Services Department as a result of a funding shortfall caused by the ending of the Reciprocal Health Agreement with the U.K. and that the funding up to a maximum of £2,900,000 should only be made available to the Health and Social Services Department from the allocation to the Treasury and Resources Department by public Ministerial Decision of the Minister for Treasury and Resources based on a request from the Minister for Health and Social Services together with documented evidence of actual income lost as a result of the ending of the Reciprocal Health Agreement with the U.K. and evidence that the claim was necessary, that it could not be met from existing resources and that all possible measures had been taken to secure payment by visitors from the U.K. and their insurers;
- in accordance with Article 11(8) of the Public Finances (Jersey) Law 2005 to amend the expenditure approval for 2009 approved by the States on 23rd September 2008 in respect of the Treasury and Resources Department to permit the withdrawal of up to an additional £3,100,000 from the consolidated fund to be allocated to the Social Security Department as a result of the economic downturn and that the funding up to a maximum of £3,100,000 should only be made available to the Social Security Department from the allocation to the Treasury and Resources Department by public Ministerial Decision of the Minister for Treasury and Resources based on a request from the Minister for Social Security together with documented evidence of actual costs incurred as a result of the economic downturn.
MINISTER FOR TREASURY AND RESOURCES
REPORT
Background
Under the Public Finances (Jersey) Law 2005, heads of expenditure for departments are, in the normal course of events, approved as part of the Annual Business Plan approval process by the States. The sum of such approvals is known as the "expenditure approval". The Public Finances Law, does, however, state in Article 11(8) –
(8) the States may, at any time, amend an expenditure approval on a proposition lodged by the Minister on the grounds that –
- there is an urgent need for expenditure; and
- no expenditure approval is available.
There is a need for the States to consider a request under Article 11(8) in relation to –
the Historic Child Abuse Enquiry (HCAE);
the ending of the Reciprocal Health Agreement with the U.K. This request is to cover the loss of revenues to the Health and Social Services Department (H&SS) arising from the termination of the Reciprocal Health Agreement;
additional costs incurred by the Social Security Department as a result of the economic downturn.
This request will not, in itself, result in recurring additions to departments' cash limits. However, recurrent funding may be proposed by the Council of Ministers in the 2010 Annual Business Plan.
Historic Child Abuse Enquiry
Historic Child Abuse Enquiry funding to date
Members will be aware of a number of public assurances given that all necessary resources would be made available to enable a full investigation to be carried out relating to the Historic Child Abuse Enquiry. In connection with this the Minister for Treasury and Resources, via the Treasurer of the States, has been asking each department to provide quarterly returns detailing an analysis of spend to date.
P.91/2008 (Historic Child Abuse Enquiry – Funding) was approved by the States on 8th September 2008. This agreed to allocate up to £7,500,000 to the Treasury and Resources Department in order to reimburse departments for actual expenditure incurred on the Enquiry. This funding was to be held by the Treasury and Resources Department and reimbursed to departments quarterly on the basis of returns of actual expenditure incurred. Accounting Officers are asked to certify that –
there are appropriate controls in place to ensure that funds are being spent appropriately and that value for money is being achieved; and that
financial directions are being complied with in respect of this expenditure.
To date £6,108,534 has been reimbursed to Departments as follows –
Allocated Allocated Allocated Total Department June September December 2008
£ £ £ £
Health and Social Services Home Affairs
Treasury and Resources (Property Holdings)
Law Officers
Economic Development Chief Minister's
Total
124,000 29,000 2,579,000 1,068,000
0 0 0 479,064
210,000 0 47,417 3,583
2,960,417 1,579,647
117,000 270,000 875,067 4,522,067
96,927 96,927 447,389 926,453
0 210,000
32,087 83,087
1,568,470 6,108,534
Further information on expenditure reimbursed is available in the following Ministerial Decisions –
MD-TR-2008-0086
MD-TR-2008-0141
MD-TR-2009-0011.
Two departments spent more than their 2008 forecast – Home Affairs (£67) and the Chief Minister's Department (£2,087). A further £846,250 was expected to be spent in 2008 but will now be carried forward as "earmarked" sums for the following Departments to be used in 2009 –
Health and Social Services – legal costs 154,630 ESC – Jersey Archive contract post 65,000 Treasury and Resources (Property Holdings) – lost income and possible reinstatement of building 453,073
Law Officers – legal fees 173,547 Total 846,250
This leaves a balance of £547,370 from the £7.5 million approved by the States to be used to meet further costs forecast to be incurred in 2009.
2009 Historic Child Abuse Enquiry funding request
The Treasurer of the States has asked departments to forecast 2009 expenditure related to the Enquiry. Four departments are forecasting expenditure in 2009 (in addition to the carried forward amounts) –
£ Law Officers' Department 881,453 Home Affairs 2,500,500 Health and Social Services 1,177,000 Education, Sport and Culture 70,000 Total 4,628,953
Details relating to each of these Departments are included below.
Law Officers' Department
Best estimate of Legal Fees in 2009 – £975,000
Temporary legal adviser at Police H.Q. – £80,000. Home Affairs
The costs already incurred by the States of Jersey Police are being reviewed and significant work has been undertaken to reduce the resource requirements for 2009. The initial estimates indicate that, based on the current level of the investigation, £2,500,500 will be required in 2009, almost £2 million less than 2008. The detailed estimated costs for 2009 are as follows –
Total £'000
Staff 1,703.60 Travel, Accommodation and Subsistence 592.20 Other 204.70
Total 2,500.50 The estimates exclude any costs associated with –
any future Public Inquiry;
any future claims for compensation plus costs of administration;
the outcome of the investigation currently being undertaken by Wiltshire Police concerning the Chief Officer of the States of Jersey Police;
any additional workload associated with any further witnesses and/or alleged victims.
Health and Social Services
The two main elements are legal fees and the Trauma Support team which is necessary to pick up the caseload of potential abuse victims who have been managed by the NSPCC and the police to date. H&SS believe that these clients must now start to enter into H&SS mainstream services and there is a need to ensure H&SS can deliver services in a professional and timely fashion.
£'000
Legal Defence Claims 770 Psychology Trauma Support Team 154 Support for Care Leavers 85 Other 168
Total 1,177
It should be noted that the Department is also forecasting expenditure relating to the Enquiry for future years –
2010 – £1.665 million
2011 – £1.038 million
2012 – £650,000.
Education, Sport and Culture
£70,000 to fund a contract post at the Jersey Archive and improve storage to appraise and catalogue all departmental records potentially relating to the enquiry. This was agreed by the Minister for Treasury and Resources in 2008 for a period of 2 years.
Summary of funding request
The total sum forecast as required for 2009 is £4,083,737 calculated as follows –
£ Law Officers' Department 881,453 Home Affairs 2,500,500 Health and Social Services 1,177,000 Education, Sport and Culture 70,000
Total 4,628,953 Less balance from 2008 -547,370 Add 2008 overspends 2,154 Funding requested 4,083,737
In order to allow a degree of flexibility, approval is being sought from the States for up to an additional £4.25 million, to be allocated initially to the Treasury and Resources Department. The Treasury and Resources Department will only draw down such sums as are needed from the consolidated fund to reallocate to departments to reimburse actual expenditure in accordance with the procedures outlined below. The States are being asked for approval of up to the full projected sum rather than being asked for piecemeal approvals.
The total forecast additional funding required for the Enquiry to the end of 2009 is therefore £11,583,737 calculated as follows –
£ Actual 2008 expenditure 6,108,534 Earmarked from 2008 846,250 2009 requests 4,628,953
11,583,737