STATES OF JERSEY

OFFICIAL REPORT

TUESDAY, 23rd OCTOBER 2018

COMMUNICATIONS BY THE PRESIDING OFFICER

1.1 Welcome to H.E. The Lieutenant Governor

The Bailiff:

1.2 Commemoration of the centenary of the end of the First World War

APPOINTMENT OF MINISTERS, COMMITTEES AND PANELS

2. Appointment of members of the Economic Affairs Scrutiny Panel

2.1 Deputy K.F. Morel of St. Lawrence (Chairman, Economic Affairs Scrutiny Panel):

3. Resignation of members of the Education and Home Affairs Scrutiny Panel

3.1 Deputy R.J. Ward of St. Helier (Chairman, Education and Home Affairs Scrutiny Panel):

QUESTIONS

4. Written Questions

4.1 DEPUTY S.M. AHIER OF ST. HELIER OF THE MINISTER FOR HEALTH AND SOCIAL SERVICES REGARDING POSSIBLE MEDICAL NEGLIGENCE AT THE HOSPITAL: [WQ.199/2018]

4.2 THE CONNÉTABLE OF ST. BRELADE OF THE CHIEF MINISTER REGARDING THE INVOLVEMENT OF MINISTERS IN THE APPOINTMENT OF SENIOR STAFF: [WQ.200/2018]

4.3 DEPUTY R.J. WARD OF ST. HELIER OF THE CHAIRMAN OF THE STATES EMPLOYMENT BOARD REGARDING VACANCIES WITHIN THE PUBLIC SECTOR: [WQ.201/2018]

4.4 DEPUTY R.J. WARD OF ST. HELIER OF THE STATES EMPLOYMENT BOARD REGARDING THE REPORT OF THE HR LOUNGE ON BULLYING AND HARASSMENT IN THE STATES: [WQ.202/2018]

4.5 DEPUTY M. TADIER OF ST. BRELADE OF THE MINISTER FOR HOME AFFAIRS REGARDING THE SALE OF PRODUCTS CONTAINING TETRAHYDROCANNABINOL: [WQ.203/2018]

4.6 DEPUTY M. TADIER OF ST. BRELADE OF H.M. ATTORNEY GENERAL REGARDING VISITORS TO JERSEY WHO ARE PRESCRIBED TETRAHYDROCANNABINOL-BASED MEDICATION: [WQ.204/2018]

4.7 DEPUTY M. TADIER OF ST. BRELADE OF THE MINISTER FOR SOCIAL SECURITY REGARDING LEGISLATION TO PREVENT DISCRIMINATION BY LANDLORDS AGAINST TENANTS WITH CHILDREN: [WQ.205/2018]

4.8 DEPUTY G.P. SOUTHERN OF ST. HELIER OF THE MINISTER FOR EDUCATION REGARDING ABSENCES AMONGST THE TEACHING WORKFORCE IN THE ISLAND’S SCHOOLS: [WQ.206/2018]

4.9 DEPUTY M.R. HIGGINS OF ST. HELIER OF THE CHAIRMAN OF THE STATES EMPLOYMENT BOARD REGARDING ACTIONS TAKEN IN RELATION TO STATES EMPLOYEES NAMED IN THE REPORT OF THE INDEPENDENT JERSEY CARE INQUIRY: [WQ.207/2018]

4.10 DEPUTY M.R. HIGGINS OF ST. HELIER OF THE CHAIRMAN OF THE STATES EMPLOYMENT BOARD REGARDING THE EMPLOYMENT OF STATES EMPLOYEES NAMED IN THE REPORT OF THE INDEPENDENT JERSEY CARE INQUIRY: [WQ.208/2018]

4.11 DEPUTY M.R. HIGGINS OF ST. HELIER OF THE MINISTER FOR CHILDREN AND HOUSING REGARDING PAYMENTS ARISING FROM THE HISTORIC ABUSE REDRESS SCHEME: [WQ.209/2018]

4.12 DEPUTY M.R. HIGGINS OF ST. HELIER OF THE MINISTER FOR HEALTH AND SOCIAL SERVICES REGARDING THE USE OF WESTAWAY COURT: [WQ.210/2018]

4.13 DEPUTY M.R. HIGGINS OF ST. HELIER OF THE MINISTER FOR TREASURY AND RESOURCES REGARDING THE CRIMINAL OFFENCES CONFISCATION FUND: [WQ.211/2018]

4.14 DEPUTY G.P. SOUTHERN OF ST. HELIER OF THE MINISTER FOR HEALTH AND SOCIAL SERVICES REGARDING VACANCIES WITHIN THE HEALTH AND COMMUNITY SERVICES DEPARTMENT: [WQ.212/2018]

4.15 DEPUTY G.P. SOUTHERN OF ST. HELIER OF THE CHIEF MINISTER REGARDING EXPENDITURE ON COMMUNICATIONS: [WQ.213/2018]

4.16 DEPUTY G.P. SOUTHERN OF ST. HELIER OF THE MINISTER FOR EDUCATION REGARDING THE DIFFERENCES IN EXPENDITURE BETWEEN FEE-PAYING AND NON‑FEE‑PAYING SECONDARY SCHOOLS: [WQ.214/2018]

4.17 DEPUTY R.J. WARD OF ST. HELIER OF THE MINISTER FOR INFRASTRUCTURE REGARDING THE FUTURE DEVELOPMENT OF THE ST. SAVIOUR’S HOSPITAL AND WARWICK FARM SITES: [WQ.215/2018]

4.18 THE CONNÉTABLE OF ST. HELIER OF THE CHIEF MINISTER REGARDING THE EMPLOYMENT OF COMMUNICATIONS STAFF: [WR.216/2018]

4.19 DEPUTY R.J. WARD OF ST. HELIER OF THE MINISTER FOR THE ENVIRONMENT REGARDING THE RECENT REPORT FROM THE INTERGOVERNMENTAL PANEL ON CLIMATE CHANGE: [WQ.217/2018]

4.20 DEPUTY M.R. LE HEGARAT OF ST. HELIER OF THE CHAIRMAN OF THE STATES EMPLOYMENT BOARD REGARDING FINANCIAL AND REMUNERATION PACKAGES OFFERED TO PEOPLE LEAVING THEIR EMPLOYMENT WITH THE STATES OF JERSEY: [WQ.218/2018]

4.21 DEPUTY M.R. LE HEGARAT OF ST. HELIER OF THE MINISTER FOR HOME AFFAIRS REGARDING OFFICERS WHO HAVE LEFT THE STATES OF JERSEY POLICE: [WQ.219/2018]

4.22 THE CONNÉTABLE OF ST. HELIER OF THE MINISTER FOR THE ENVIRONMENT REGARDING THE MINISTER’S RESPONSE TO THE REPORT OF THE INTERGOVERNMENTAL PANEL ON CLIMATE CHANGE: [WQ.220/2018]

4.23 DEPUTY C.S. ALVES OF ST. HELIER OF THE CHAIRMAN OF THE STATES EMPLOYMENT BOARD REGARDING THE NUMBER OF TEACHERS LEAVING THE PROFESSION IN THE LAST 5 YEARS: [WQ.221/2018]

4.24 DEPUTY C.S. ALVES OF ST. HELIER OF THE MINISTER FOR INFRASTRUCTURE REGARDING LEASE AGREEMENTS ON THE WATERFRONT: [WQ.222/2018]

4.25 DEPUTY C.S. ALVES OF ST. HELIER OF THE MINISTER FOR TREASURY AND RESOURCES REGARDING THE PHASING-OUT OF MORTGAGE RELIEF ALLOWANCE: [WQ.223/2018]

4.26 DEPUTY G.P. SOUTHERN OF ST. HELIER OF THE CHAIRMAN OF THE STATES EMPLOYMENT BOARD REGARDING POLICY IN RESPECT OF THE USE OF ZERO-HOUR CONTRACTS IN THE PUBLIC SECTOR: [WQ.224/2018]

4.27 CONNÉTABLE A.S. CROWCROFT OF ST. HELIER OF THE MINISTER FOR HEALTH AND SOCIAL SERVICES REGARDING WAITING TIMES FOR COMMUNITY DENTAL SERVICES: [WQ.225/2018]

4.28 CONNÉTABLE A.S. CROWCROFT OF ST. HELIER OF THE MINISTER FOR INFRASTRUCTURE REGARDING STRATEGIES TO FACILITATE WALKING AND CYCLING: [WQ.226/2018]

4.29 DEPUTY L.M.C. DOUBLET OF ST. SAVIOUR OF THE MINISTER FOR EXTERNAL RELATIONS REGARDING THE EXTENSION OF THE CONVENTION ON THE ELIMINATION OF ALL FORMS OF DISCRIMINATION AGAINST WOMEN TO JERSEY: [WQ.227/2018]

5. Oral Questions

5.1 Deputy M.R. Higgins of St. Helier of the Chief Minister regarding the role of Ministers in respect of pay negotiations for the public sector: [OQ.164/2018]

Senator T.A. Vallois (Deputy Chief Minister - rapporteur):

5.1.1 Deputy M.R. Higgins:

5.1.2 Deputy G.P. Southern of St. Helier:

5.1.3 Deputy G.P. Southern:

5.1.4 Deputy R.J. Ward:

5.1.5 Deputy G.P. Southern:

5.1.6 Deputy J.H. Perchard of St. Saviour:

5.1.7 Deputy M.R. Higgins:

5.2 Senator S.C. Ferguson of the Minister for Children and Housing regarding the decanting of residents from Convent Court: [OQ.158/2018]

Senator S.Y. Mézec (The Minister for Children and Housing):

5.2.1 Senator S.C. Ferguson:

5.2.2 Deputy G.P. Southern:

5.2.3 Deputy G.P. Southern:

5.2.4 Deputy M.R. Higgins:

5.2.5 Deputy G.P. Southern:

5.2.6 Senator S.C. Ferguson:

5.2.7 Senator S.C. Ferguson:

5.3 Deputy S.M. Ahier of St. Helier of the Chairman of the Privileges and Procedures Committee regarding the development of plans to implement electoral reform: [OQ.163/2018]

Deputy R. Labey of St. Helier (Chairman, Privileges and Procedures Committee):

5.3.1 Deputy S.M. Ahier:

5.3.2 Senator S.Y. Mézec:

5.3.3 Senator S.Y. Mézec:

5.3.4 Senator S.C. Ferguson:

5.3.5 Deputy G.P. Southern:

5.3.6 Deputy M.R. Higgins:

5.3.7 Deputy J.H. Young of St. Brelade:

5.3.8 Connétable D.W. Mezbourian of St. Lawrence:

5.3.9 Deputy S.M. Ahier:

5.4 Deputy J.M. Maçon of St. Saviour of the Minister for Home Affairs regarding traffic safety and enforcement: [OQ.162/2018]

Connétable L. Norman of St. Clement (The Minister for Home Affairs):

5.4.1 Deputy J.M. Maçon:

5.5 Deputy R.J. Ward of the Chairman of the States Employment Board regarding the imposition of public sector pay awards which had been rejected by union members: [OQ.157/2018]

Senator T.A. Vallois (Chairman, States Employment Board):

5.5.1 Deputy R.J. Ward:

5.5.2 Deputy G.P. Southern:

5.5.3 Deputy K.F. Morel:

5.5.4 Deputy M.R. Le Hegarat of St. Helier:

5.5.5 Deputy M.R. Higgins:

5.5.6 Deputy G.P. Southern:

5.5.7 Deputy R.J. Ward:

5.6 Deputy G.P. Southern of the Minister for Health and Social Services regarding the decision to spend funding which had been allocated for the refurbishment of Sandybrook Care Home elsewhere: [OQ.160/2018]

Deputy R.J. Renouf of St. Ouen (The Minister for Health and Social Services):

5.6.1 Deputy G.P. Southern:

5.6.2 Senator S.C. Ferguson:

5.6.3 Deputy K.F. Morel:

5.6.4 Connétable R. Vibert of St. Peter:

5.6.5 Deputy G.P. Southern:

5.7 Deputy K.F. Morel of the Minister for Infrastructure regarding the prospective total cost to the Island of running a free bus service: [OQ.155/2018]

Deputy H.C. Raymond of Trinity (Assistant Minister for Infrastructure - rapporteur):

5.7.1 Deputy K.F. Morel:

5.7.2 Deputy R.J. Ward:

5.7.3 Deputy M.R. Higgins:

5.7.4 Deputy G.P. Southern:

5.7.5 Deputy R. Labey:

5.8 Deputy M.R. Higgins of the Chairman of the States Employment Board regarding her assessment of the States of Jersey as an employer: [OQ.165/2018]

Senator T.A. Vallois (Chairman, States Employment Board):

5.8.1 Deputy M.R. Higgins:

5.8.2 Deputy R.J. Ward:

5.8.3 Deputy M.R. Higgins:

5.9 Deputy K.F. Morel of the Minister for Health and Social Services regarding the suspension of the project to build three care homes for children with autism: [OQ.156/2018]

The Deputy of St. Ouen (The Minister for Health and Social Services):

5.9.1 Deputy K.F. Morel:

5.9.2 Deputy M.R. Higgins:

5.9.3 Deputy G.P. Southern:

5.9.4 Deputy K.F. Morel:

5.10 Deputy G.P. Southern of the Assistant Chief Minister regarding prospective funding cuts to departmental budgets: [OQ.161/2018]

Connétable C.H. Taylor of St. John (Assistant Chief Minister - rapporteur):

5.10.1 Deputy G.P. Southern:

5.10.2 Deputy R.J. Ward:

5.10.3 Deputy G.P. Southern:

5.10.4 Deputy G.P. Southern:

5.11 Senator S.C. Ferguson of the Minister for Health and Social Services regarding the decision not to refurbish Sandybrook Care Home: [OQ.159/2018]

The Deputy of St. Ouen (The Minister for Health and Social Services):

5.11.1 Senator S.C. Ferguson:

5.11.2 Deputy G.P. Southern:

5.11.3 Deputy G.P. Southern:

5.11.4 Senator S.C. Ferguson:

6. Questions to Ministers without notice - The Minister for External Relations

6.1 Connétable M.K. Jackson of St. Brelade:

Senator I.J. Gorst (The Minister for External Relations):

6.2 Deputy R.J. Ward:

6.3 Deputy S.M. Ahier:

6.4 Deputy K.F. Morel:

6.5 Deputy G.P. Southern:

6.6 The Connétable of St. Lawrence:

6.7 Deputy L.M.C. Doublet of St. Saviour:

6.7.1 Deputy L.M.C. Doublet:

6.8 Deputy R.J. Ward:

6.9 Deputy G.P. Southern:

6.10 The Connétable of St. Lawrence:

7. Questions to Ministers without notice - The Minister for Social Security

7.1 Deputy M.R. Higgins:

Deputy J.A. Martin of St. Helier (The Minister for Social Security):

7.2 Deputy R.J. Ward:

7.3 Deputy S.M. Ahier:

7.4 Connétable S.A. Le Sueur-Rennard of St. Saviour:

7.5 Connétable J. Le Bailly of St. Mary:

7.6 The Connétable of St. Brelade:

7.7 Deputy K.F. Morel:

7.8 Deputy M.R. Higgins:

7.9 Deputy K.F. Morel:

7.10 Deputy R.J. Ward:

PUBLIC BUSINESS

8 Ratification of the Agreement between Jersey and the Principality of Liechtenstein for the Elimination of Double Taxation with Respect to Taxes on Income and on Capital and the Prevention of Tax Evasion and Avoidance (P.102/2018)

8.1 Senator I.J. Gorst (The Minister for External Relations):

8.1.1 Deputy M.R. Higgins:

8.1.2 Senator I.J. Gorst:

ARRANGEMENT OF PUBLIC BUSINESS FOR FUTURE MEETINGS

9. Deputy R. Labey (Chairman, Privileges and Procedures Committee):

9.1 Deputy S.J. Pinel of St. Clement:

9.2 Deputy R. Labey:

9.3 Senator I.J. Gorst:

ADJOURNMENT

[9:31]

The Roll was called and the Dean led the Assembly in Prayer.

COMMUNICATIONS BY THE PRESIDING OFFICER

1.1 Welcome to H.E. The Lieutenant Governor

The Bailiff:

First of all, can I welcome on your behalf His Excellency the Lieutenant Governor?  [Approbation] 

1.2 Commemoration of the centenary of the end of the First World War

Members should have received notification from my office of the various events, which are taking place to commemorate the end of the First World War, the 100 years, the end of the war, and I hope Members have been able to support some or all of those particular events.  But I take the opportunity of mentioning it again today so that any members of the public who are listening can also receive the warmest of invitations from me to attend the various events, which commemorate the end of the First World War.  I very much hope there will be a good turnout, both for Remembrance Sunday of course, celebrated both at the Cenotaph and in the different Parishes, and in the evening when there will be the most southerly bonfire of a chain of bonfires lit across the British islands and that will be at Les Landes.  There will be things to eat and no doubt some music and I am sure everyone will have a very good time, so I hope members of the public will turn out to Les Landes in force.  So I just thought I would make that announcement. 

APPOINTMENT OF MINISTERS, COMMITTEES AND PANELS

2. Appointment of members of the Economic Affairs Scrutiny Panel

The Bailiff:

Under F there is the nomination of Senator Moore as a member of the Economic Affairs Scrutiny Panel.

2.1 Deputy K.F. Morel of St. Lawrence (Chairman, Economic Affairs Scrutiny Panel):

Following the resignation of Deputy Pamplin, we were looking for a new member of the Economic Affairs Scrutiny Panel and Senator Moore has kindly agreed to take part.

The Bailiff:

Is it seconded?  [Seconded]  Are there any other nominations?  Very well, then I declare Senator Moore to have been elected as a member of the Economic Affairs Scrutiny Panel.  [Approbation]

3. Resignation of members of the Education and Home Affairs Scrutiny Panel

The Bailiff:

I have received the resignation of Deputy Perchard from the Education and Home Affairs Scrutiny Panel.  Are you in a position to propose anyone today, Chairman?

3.1 Deputy R.J. Ward of St. Helier (Chairman, Education and Home Affairs Scrutiny Panel):

No, Sir, I am not.  I would like to at some point change the quorate number to 2 if the Assembly would do that.

The Bailiff:

We will need to change Standing Orders for that purpose so that might be rather more difficult.

Deputy R.J. Ward:

Okay, thank you.

Senator S.C. Ferguson:

Sir, may I raise the défaut on the Connétable of St. Saviour?

The Bailiff:

I am not sure she was on défaut.  I did not have you down as on défaut because I saw you.  If it needs to be raised, it is raised.  Thank you.  Now we come to questions.

[9:45]

QUESTIONS

4. Written Questions

4.1 DEPUTY S.M. AHIER OF ST. HELIER OF THE MINISTER FOR HEALTH AND SOCIAL SERVICES REGARDING POSSIBLE MEDICAL NEGLIGENCE AT THE HOSPITAL: [WQ.199/2018]

Question

Will the Minister inform the Assembly, for the past 10 years, –

(a)    how much has been paid as a result of court settlements for medical negligence at the General Hospital;

(b)    how much has been paid in out-of-court settlements in respect of such cases;  

(c)    the total cost to the States of Jersey of these payments; and

(d)    the number of deaths from medical negligence?

Answer

a)      Proceedings have been issued in some cases and some have settled out of court.

b)      The total sum paid, inclusive of damages and costs, is £5,930,005 

c)      The total uninsured cost to the States of Jersey of the payments referred to in b) is £1,304,656 

d)      There have been fewer than 5 claims alleging medical negligence following the death of a patient.

4.2 THE CONNÉTABLE OF ST. BRELADE OF THE CHIEF MINISTER REGARDING THE INVOLVEMENT OF MINISTERS IN THE APPOINTMENT OF SENIOR STAFF: [WQ.200/2018]

Question

Will the Chief Minister advise whether Ministers have been, or will be, involved in the appointment of senior staff to the departments which support them; and, if so, will the Chief Minister further advise whether training in interview techniques is given to them and if not, why not?

Answer

The involvement of politicians in the recruitment and selection process for senior States of Jersey employees is set out in the Guidelines published by the Jersey Appointments Commission.   The Guidelines state that only when filling the vacancy of the post of Chief Executive to the Council of Ministers should a Minister be involved directly in the interviewing and appointment of applicants

In all other cases, Ministers would not normally be included as members of a panel.

However, where a post will be of interest to a Minister, they may request to take an active interest in the recruitment and selection processes associated with filling that post. In this connection, the Minister could be invited to participate in commenting on the following areas:

• the period of the contract which will apply to the post;

• the job description

• issues they might want to raise after informal meetings with any short listed candidates together with any relevant questions that might be asked by the Panel

The candidate recommended for appointment must be the person deemed to be the most appropriate based on merit against the criteria agreed by the panel and the Jersey Appointments Commission as necessary.

The Minister may be invited to meet the selected candidate once the panel has confirmed its decision to appoint, but he or she may not influence the decision of the panel.

If training in interview techniques is required for Ministers, this can be provided on an ad hoc basis by the Human Resources department. 

4.3 DEPUTY R.J. WARD OF ST. HELIER OF THE CHAIRMAN OF THE STATES EMPLOYMENT BOARD REGARDING VACANCIES WITHIN THE PUBLIC SECTOR: [WQ.201/2018]

Question

Following the Chief Minister’s Speech on 10th October 2018 to the Chamber of Commerce, where he announced “sustainable savings” in the public service of £30 million, and stated that “the States is currently carrying around 600 vacancies, and has a staff turnover rate of 12%”, will the Chairman provide –

(a) a detailed breakdown of where these vacancies exist, by department;

(b) a breakdown of these vacancies by pay grade and current wage;

(c) a statement of which of these vacancies currently involve payments by the States to an employee ‘acting up’ into the position; and

(d) a breakdown of any further planned job losses, if separate from these 600 vacant posts, by department?

Answer(s):

a)      Vacancies broken down by department

b)      Breakdown of vacancies by pay grade and the current wage cost:

A detailed summary by pay grade is appended

c)      There are no vacancies currently which involve payments by the States to employees ‘acting up’ into the position.

d)      A breakdown of any further planned job losses by department cannot be provided as it will be subject to the outcomes of the TOM restructuring process.

Appendix:

* Negative values in ‘Vacancies’ refer to more staff in respective posts than has been budgeted.

* Negative values in ‘Cost Of Vacancies’ refers to the cost of filling those extra non-budgeted posts.

4.4 DEPUTY R.J. WARD OF ST. HELIER OF THE STATES EMPLOYMENT BOARD REGARDING THE REPORT OF THE HR LOUNGE ON BULLYING AND HARASSMENT IN THE STATES: [WQ.202/2018]

Question

Further to the response of the Chief Minister to Oral Question 70/2018 regarding the report of The HR Lounge on bullying and harassment in the States, in which he stated that the matters raised would be “looked into as a matter of urgency”, will the Chairman –

(a) update members on how any of the report’s recommendations have been adopted and what changes have been made in the treatment of public sector workers since the report’s publication; and

(b) explain how the situation will be monitored to ensure the development of a culture in which staff feel safe to voice their concerns and the embedding of such a culture in the changing structure of the States?

Answer

Two new policies have been drafted: Whistleblowing and Bullying and Harassment, the content of which have been approved by the States Employment Board.  The policies respond to the key recommendations made in the HR Lounge report and will be published in January 2019.

It is important that public sector workers feel supported and safe when raising concerns.  Hence an independent, third party off-Island ‘Speak-Up Line’ has been secured for employees to contact directly as necessary, in addition to the normal line management structure.  The supplier provides reporting on key insights and statistics which will allow the Board to monitor concerns in order that areas for improvement may be identified throughout the public sector. This will be launched in January 2019 

Training has been sourced to support the roll-out of both policies to ensure the consistent application of the policy and its procedures. This will complement the work to be undertaken on values and behaviours by the Team Jersey programme during 2019 and 2020.

4.5 DEPUTY M. TADIER OF ST. BRELADE OF THE MINISTER FOR HOME AFFAIRS REGARDING THE SALE OF PRODUCTS CONTAINING TETRAHYDROCANNABINOL: [WQ.203/2018]

Question

Will the Minister state what content of tetrahydrocannabinol (T.H.C.) is legally allowed in so-called ‘C.B.D. oil’(Cannabidiol) which is sold over the counter as a health supplement in Jersey; and advise what testing, if any, is done to ascertain that such imported products do not contain levels of T.H.C. that exceed the legal limit?

Answer

At present, the Misuse of Drugs (Jersey) Law 1978 controls cannabinol derivatives under Class A drugs.

Cannabinol derivatives are defined under Part 4 of the Law as ‘the following substances, except where contained in cannabis or cannabis resin, namely tetrahydro derivatives of cannabinol and 3-alkyl homologues of cannabinol or of its tetrahydro derivatives.’ Tetrahydrocannabinol (T.H.C.) falls under this definition and therefore THC as a pure compound is a Class A drug.

It should be noted that cannabidiol (CBD) as a pure substance is not caught by any of these definitions and is therefore not controlled under the law.

The presence of any THC in a product would make that product a controlled substance under the law. Some controlled substances do have thresholds below which they are not considered controlled but there is no threshold for cannabinol derivatives.

It is for the importer of a product to demonstrate the content of THC in that product.  This could be done via the provision of a Certificate of Analysis from a recognised laboratory confirming the THC content.

4.6 DEPUTY M. TADIER OF ST. BRELADE OF H.M. ATTORNEY GENERAL REGARDING VISITORS TO JERSEY WHO ARE PRESCRIBED TETRAHYDROCANNABINOL-BASED MEDICATION: [WQ.204/2018]

Question

What legal provisions, if any, are in place to deal with a visitor from a jurisdiction which allows tetrahydrocannabinol (T.H.C.)-based medication, and who has been prescribed such medication, to bring it into the Island?  

Answer

THC is classified in Schedule 2 to the Misuse of Drugs (Jersey) Law 1978 (the “Law”) as a ‘Class A’ controlled drug. THC comes within the meaning of “cannabinol derivatives” and Part 4 of Schedule 2 to the Law defines “cannabinol derivatives” as meaning “the following substances, except where contained in cannabis or cannabis resin, namely tetrahydro derivatives of cannabinol and 3-alkyl homologues of cannabinol or of its tetrahydro derivatives”. 

Article 4(1) of the Law provides a general prohibition on the importation or exportation of controlled drugs.  However, in accordance with paragraph (2)(b) of the said Article, this prohibition does not apply to the import or export of a controlled drug under and in accordance with the terms of a licence issued by the Minister for Health and Social Services, and in compliance with any conditions attached thereto.

Further to a Ministerial Decision on 27 July 2007, a revised Open General Licence for the Importation and Exportation of Controlled Drugs (OGIEL) came into force on 1 August 2007, pursuant to Articles 4(2)(b) and 26 of the Law.  A copy of the OGIEL is included below.

Subject to the terms and conditions of the OGIEL, it enables a visitor, who has been prescribed a medicinal product, which in this context is defined in Article 2 of the Medicines (Jersey) Law 1995 as any substance to be administered to a human for a medicinal purpose, to import and export the medicinal product to and from the Island. 

It is important to note that the power of the Minister to issue a licence pursuant to Article 4(2)(b) of the Law can only be exercised for the purpose of licensing the import and export of controlled drugs.  The OGIEL does not legalise possession of drugs where possession is otherwise unlawful.  Therefore, paragraph 3.a of the OGIEL specifically excludes its application to the exportation or importation of any controlled drug by a person who is not lawfully in possession of the drug. 

Article 12(1) of the Law allows the Minister by Order to make provisions for the purpose of exempting certain controlled drugs from certain of the restrictions among other things, the possession of drugs in the Law. These exceptions are found in the Misuse of Drugs (General Provisions) (Jersey) Order 2009 (the “Order”).  A visitor would not be lawfully in possession of a controlled drug unless authorised in accordance with the Order. 

Article 3 of the Order provides the Minister with the power to issue a licence to permit a person to have in his or her possession a controlled drug, including THC, in accordance with the terms of the licence and in compliance with any conditions attached to the licence.  This power might be used to issue personal licences in respect of a controlled drug and could be exercised in conjunction with the OGIEL to permit visitors to lawfully important and possess medically prescribed THC products.

MISUSE OF DRUGS (JERSEY) LAW 1978

OPEN GENERAL LICENCE FOR THE IMPORTATION AND EXPORTATION OF CONTROLLED DRUGS

In pursuance of Articles 4(2)(b), and 26 of the Misuse of Drugs (Jersey) Law 1978 the Minister for Health and Social Services hereby licences, with effect from 1st August 2007, and subject to the terms and conditions specified below, the importation and exportation of;

1. Any controlled drug by a person who is entering or leaving Jersey, where the drug is intended for administration for medical or dental purposes in accordance with a prescription issued by a registered practitioner, to himself or to a member of his household who is unable to administer the drug himself, and who is travelling with that person at the time of importation or exportation.

2. Any controlled drug by a doctor of medicine who is entering or leaving Jersey

a. with a patient for whose treatment during the Journey to or from Jersey the doctor considers the drug may be necessary;

b. for the purpose of immediately leaving or, within the next three days entering Jersey with such a patient; or

c. within three days after its lawful exportation by him when leaving, or immediately after its lawful importation by him when entering, Jersey with a patient for whose treatment during that journey from or to Jersey the doctor considers the drug might be necessary.

The terms and conditions attached to this licence are –

1. The time between a person entering and leaving Jersey, or leaving and returning to Jersey, must not exceed 28 days.

2. The person must carry with them a letter from the prescribing doctor or dentist confirming the person’s name, address, date of birth, outward and return dates of travel, the country to be visited and the drugs to be carried including dosages and total amounts.

3. This licence does not apply –

a. to any controlled drug which is not contained in a medicinal product within the meaning of the Medicines (Jersey) Law 1995

b. unless the controlled drug is under the direct personal supervision of the person importing or exporting it

c. to the exportation or importation of any controlled drug by a person who is not lawfully in possession of the drug

d. to the importation of buprenorphine tablets or methadone liquid

It is hereby directed that, notwithstanding any provision in the Regulations under the Misuse of Drugs (Jersey) Law 1978 with respect to record keeping, no record is required to be kept of any quantity of controlled drug imported or exported under this licence.

The open general licence issued on 1st March 2007, is hereby revoked.

This licence shall remain in force until revoked by the Minister for Health and Social Services.

4.7 DEPUTY M. TADIER OF ST. BRELADE OF THE MINISTER FOR SOCIAL SECURITY REGARDING LEGISLATION TO PREVENT DISCRIMINATION BY LANDLORDS AGAINST TENANTS WITH CHILDREN: [WQ.205/2018]

Question

Will the Minister advise what progress, if any, has been made to bring forward legislation to enact the States Assembly’s decision to adopt ‘Housing: Prevention of discrimination by landlords against tenants with children’ (P.31/2018), namely to prevent discrimination against prospective tenants who are domiciled with, and have legal custody of, a child under the age of 18 years; and when members can expect this legislation to be brought to the Assembly?

Answer

Work has commenced on producing a children’s legislation programme action plan which will see a major overhaul of existing children’s legislation. This will include the Children (Jersey) Law 2002 and a range of other laws, such Day Care of Children (Jersey) Law 2002, and the necessary changes to the Discrimination Law to deliver the commitment made by the States Assembly under P.31/2018.  The Minister for Social Security, who is responsible for the Discrimination Law, will work with the Minister for Children and Housing to bring forward the amendments to that law

The children’s legislation programme will represent a significant and far reaching programme of legislative change for the benefit of children and their families. The associated action plan, which will be published by the Minister for Children and Housing before the end of 2018, will prioritise the legislative changes required to ensure effective delivery of the entire change programme.

Until this work is completed it is not possible to confirm when discrimination legislation will be brought to the States Assembly.

4.8 DEPUTY G.P. SOUTHERN OF ST. HELIER OF THE MINISTER FOR EDUCATION REGARDING ABSENCES AMONGST THE TEACHING WORKFORCE IN THE ISLAND’S SCHOOLS: [WQ.206/2018]

Question

Will the Minister inform members of the total days of both planned absence (e.g. training) and unplanned absence (e.g. sickness) amongst the teaching workforce in primary schools for the years 2015 to 2018 and show the breakdown of how cover was provided for these absences (whether by teachers, teaching assistants or supply teachers); and will she provide the same information in respect of Years 7 to 11 in secondary schools, with the same parameters?

Answer

Planned absence (e.g. training) is not consistently recorded across all schools in a format that could provide a report of statistics as requested.

Sickness absence is centrally recorded within the Human Resources Information System (HRIS) and the data requested is below.

Provision of cover for absences is not consistently recorded across all schools in a format that could provide a report of statistics as requested.

Online recording of Absence management, through roll out of system improvements is due in Q1 2019.

4.9 DEPUTY M.R. HIGGINS OF ST. HELIER OF THE CHAIRMAN OF THE STATES EMPLOYMENT BOARD REGARDING ACTIONS TAKEN IN RELATION TO STATES EMPLOYEES NAMED IN THE REPORT OF THE INDEPENDENT JERSEY CARE INQUIRY: [WQ.207/2018]

Question

Will the Chairman advise members how many States employees named in the report of the Independent Jersey Care Inquiry (R.59/2017) were removed from their positions pending an investigation into their actions; and will she state the nature of any such investigations and what subsequently happened to these employees?

Answer

At the time of the publication of the report, three current employees were named in the Independent Jersey Care Inquiry (R.59/2017).

All three were removed from frontline duties whilst the circumstances were reviewed, WQ 14/2018 refers.

All employees were returned to their roles once the review was complete.

The information provided is consistent with our aim to answer the Deputy’s question but we are unable to provide further detail on the nature of the investigations due to the low numbers of staff involved.

4.10 DEPUTY M.R. HIGGINS OF ST. HELIER OF THE CHAIRMAN OF THE STATES EMPLOYMENT BOARD REGARDING THE EMPLOYMENT OF STATES EMPLOYEES NAMED IN THE REPORT OF THE INDEPENDENT JERSEY CARE INQUIRY: [WQ.208/2018]

Question

Will the Chairman advise members whether any former or existing States employees named in the report of the Independent Jersey Care Inquiry (R.59/2018), who were accused by either survivors or other members of staff of abusing children physically, sexually or emotionally, were subject to a disciplinary process or criminal trial; and will she state whether any of these people are still employed by the States?

Answer

A similar question WQ.14/2018 was asked in January 2018 which is identified for reference.

No disciplinary process has been applied to any existing member of staff in respect of the report of the Independent Jersey Care Enquiry.  There are no criminal or pending prosecutions about existing or former employees

Two employees who were named in the Inquiry report remain employed by the States of Jersey.

4.11 DEPUTY M.R. HIGGINS OF ST. HELIER OF THE MINISTER FOR CHILDREN AND HOUSING REGARDING PAYMENTS ARISING FROM THE HISTORIC ABUSE REDRESS SCHEME: [WQ.209/2018]

Question

Will the Minister advise members how much money was paid in respect of the following?

(a) to survivors of abuse in Jersey under the Historic Abuse Redress Scheme;

(b) to lawyers acting for the States (breaking down the total figure into the amounts paid to each of the law firms who represented the States of Jersey Police, the Department of Health and Social Services, the States Greffe or any other relevant departments, and any specific individuals concerned); and

(c) to lawyers acting for the survivors.

Answer

To date, the monies paid in relation to the Historic Redress Scheme (HARS) and associated matters are:

(a) survivors of abuse: £2,345,642;

(b) lawyers acting for the States: £2,965,288. These monies relate to the establishment and management of HARS, plus matters relating to late and usual claims and legal advice relating to the potential establishment of a new redress scheme (HARS 2). HARS scheme costs were central costs and were not incurred by other Departments;

(c) lawyers acting for survivors: £1,020,428.

The current HARS scheme (HARS) provided for survivors to apply for monies to support therapy costs. These monies continue to be claimed.

In December this year, the Council of Ministers will be asked to consider whether a new redress scheme should be established to provide redress beyond the existing HARS criteria. Provisionally known as HARS 2, the new scheme would provide awards that fairly reflect the severity of the harm or abuse suffered and would also seek to rebalance the monies paid to survivors and those required for administration and legal costs.

4.12 DEPUTY M.R. HIGGINS OF ST. HELIER OF THE MINISTER FOR HEALTH AND SOCIAL SERVICES REGARDING THE USE OF WESTAWAY COURT: [WQ.210/2018]

Question

Will the Minister advise members when Westaway Court was vacated by doctors and other medical workers, how many of them were relocated to the Limes and how many of these same workers are to be re-located to Plaisant Court; and will he further outline what Westaway Court was used for after the medical staff had left the premises?

Answer

28 doctors occupying single-room accommodation were moved to The Limes in February 2018, with another 7 moving over the following months.

Currently, 35 rooms at The Limes are occupied by long-term staff and 4 rooms are being utilised for short-term locum doctors.

The units vacated at Westaway Court have either been decommissioned and are no longer available for occupation or have been used to accommodate medium- and short-term locum staff.

A total of 22 staff resident in various units of accommodation will be moving from Westaway Court to Plaisant Court over the next few weeks/months.

The aim is to have vacated Westaway Court and handed it back to Jersey Property Holdings by the end of this year in accordance with the outline business case approved by the States Assembly. 

4.13 DEPUTY M.R. HIGGINS OF ST. HELIER OF THE MINISTER FOR TREASURY AND RESOURCES REGARDING THE CRIMINAL OFFENCES CONFISCATION FUND: [WQ.211/2018]

Question

Will the Minister advise members of the current amount of money contained in the Criminal Offences Confiscation Fund; from what sources the funds currently in the Fund were derived (i.e. the relevant cases); and how money has been disbursed from the Fund over the last three years?

Answer

Balance of Fund

As at 16th October 2018, the total cash held in the Criminal Offences Confiscation Fund (COCF) was £11,860,532.

Of this amount, a total of £8,740,349 is ring-fenced under asset-sharing agreements with other jurisdictions. This leaves a net position of £3,120,183.

Source of Funds

All funds paid into the COCF are received following a Confiscation Order issued by the Royal Court.

In cases where other jurisdictions are involved an asset-sharing agreement may be made in which Jersey retains a portion of the confiscated amount. Recent asset-sharing agreements with the USA and the UK have resulted in £6,529,113 being retained in Jersey.

Disbursements

Payments made from the Fund over the last three years are as follows:

2016: £118,939 to the Community & Constitutional Affairs Department for CCTV equipment for the Police.

2017: £40,061 to the Community & Constitutional Affairs Department for CCTV equipment.

2018: £6,500,000 to the Prison, as agreed in the Budget 2018 capital programme, and £250,000 to the Law Officers Department to fund Jersey’s involvement in the International Centre for Asset Recovery.

4.14 DEPUTY G.P. SOUTHERN OF ST. HELIER OF THE MINISTER FOR HEALTH AND SOCIAL SERVICES REGARDING VACANCIES WITHIN THE HEALTH AND COMMUNITY SERVICES DEPARTMENT: [WQ.212/2018]

Question

Further to his answer to Written Question 159/2018 on 25th September 2018, will the Minister –

(a) inform members how many vacancies his department is carrying across the whole of Health and Community Services, providing the  job title and grade for each vacancy;

(b) indicate which of the posts concerned deliver essential front-line services and which are to be subject to the process of ‘workforce modernisation’; and

(c) indicate which of these vacancies form part of the 600 vacancies referred to by the Chief Minister in his recent address to the Chamber of Commerce?

Answer

(a) Health and Community Services is currently carrying a total of 335.6 vacancies across the whole department, of which 123 posts are currently in active recruitment/offer of employment stages. The job title and grade for each vacancy is as follows:

Note: Numbers are subject to rounding, hence the 0.0 entry for some lines.

(b) All posts would be involved with delivering essential front-line services. As part of the work currently being undertaken as part of the wider Target Operating Model, all roles will be subject to ‘workforce modernisation’.

(c) An indication of which of the vacancies form part of the 600 vacancies referred to by the Chief Minister cannot be provided at this time as this will be subject to the outcome of the implementation of the Target Operating Model by Health and Community Services.

4.15 DEPUTY G.P. SOUTHERN OF ST. HELIER OF THE CHIEF MINISTER REGARDING EXPENDITURE ON COMMUNICATIONS: [WQ.213/2018]

Question

Further to his answer to Written Question 194/2018, will the Chief Minister –

(a)    provide his assessment of the value for money of expenditure on communications, disregarding any expenditure on technical web-support elements referred to in that previous answer;

(b)    advise why staff have been recruited to the Communications Directorate before the results of the “further, detailed exercise” arising from the 2017 audit of communications are known;

(c)    state when that “further, detailed exercise” will be completed; and

(d)    commit to presenting the resultant report from that exercise to members?

Answer

(a)    It will be possible to establish the external expenditure on communications activities historically, and the further detailed exercise that will analyse these external costs has already been commissioned. However, it will not be possible to say whether this expenditure represented good value for money, because, as the communications audit revealed, there was little objective setting, or measurement and evaluation of what outcomes were achieved as a result of these communications activities. Under the new structure being created, each new communications project or campaign will need to establish objectives at the outset and measure the campaign’s effectiveness in achieving those objectives. As design and marketing activities are increasingly insourced, it will also be possible to compare the costs of providing these services internally, versus the cost of procuring them via external agencies.

(b)    As the communications audit concluded, the previous structure of communications was ad hoc, not fit for purpose, and therefore the States of Jersey was not communicating effectively with the public, stakeholders, the media and staff. For instance, some departments had several communications officers – or people in roles that included communications – and others had none. There was also an under-resourced central press office, no central internal communications function and no in-house marketing and design function. The duplication, inefficiencies and omissions arising from this situation were well detailed in the audit.

The decision to approve the new structure of government communications was therefore not simply based on a cost comparison with previous arrangements, but on the need to create a professional government communications service, which would properly assist the government in meeting its obligations to inform and engage with the public, stakeholders and staff through high-quality and effective communications.

(c)    The further detailed exercise of historical communications costs will be completed by the end of November.

(d)    The report of those historical costs will be made available to Members.

4.16 DEPUTY G.P. SOUTHERN OF ST. HELIER OF THE MINISTER FOR EDUCATION REGARDING THE DIFFERENCES IN EXPENDITURE BETWEEN FEE-PAYING AND NON‑FEE‑PAYING SECONDARY SCHOOLS: [WQ.214/2018]

Question

Further to the answers to Written Questions 160/2018 and 181/2018, in which it was shown that total expenditure in 2018 on education in the non-fee-paying 11 to 16 schools was on average £4.4 million per school and that expenditure in the same year (including fees) at Victoria College and Jersey College for Girls was £7.6 million, will the Minister explain how this difference is justifiable in light of the objective stated in ‘Proposed Common Strategic Policy 2018-22’ (P.110/2018) to “narrow education attainment gaps” and state what action, if any, will be taken as a result?

Answer

The funding for Fee Paying Schools and for States secondary schools are calculated using the same model. The difference being that the States only fund 48.5% of the Fee Paying School. The Fee Paying schools then use school Fees to balance their expenditure.

Officers were unable to identify where previous answers have indicated an average expenditure per year of £7.6 million for Victoria College and Jersey College for Girls. I understand the Deputy may have used published fees from the school websites to calculate the £7.6 million but without knowing the detail of the calculation I cannot comment on its accuracy.

There are a number of factors that prevent a direct comparison between funding for fee paying and non-fee paying schools, several are listed below and will justify some difference in expenditure between fee and non-fee paying schools:

• Fee Paying schools are for ages 11-18 and non-fee paying are for ages 11-16 only.

• The per pupil cost is higher in years 12 & 13 which are not taught at 11-16 non-fee paying schools.

• Fee paying schools have an average of 25% of their students in years 12 & 13.

• Fee paying schools have to fund premises occupancy costs, non-fee paying schools do not pay occupancy

• Average number of pupils in the four 11-16 secondary schools was 666, while in the fee paying schools was 705

Narrowing of education attainment gaps will be achieved by improvements across a wide range of factors which influence it. Financial factors are of course a consideration but are just one part of a range of complex issues we need to understand and resolve working with our stakeholders over this term of Government.

4.17 DEPUTY R.J. WARD OF ST. HELIER OF THE MINISTER FOR INFRASTRUCTURE REGARDING THE FUTURE DEVELOPMENT OF THE ST. SAVIOUR’S HOSPITAL AND WARWICK FARM SITES: [WQ.215/2018]

Question

Will the Minister advise whether the States of Jersey Development Company, Andium Homes or any other developer are currently in negotiations in respect of the future development of the St. Saviour’s Hospital and Warwick Farm sites; and if so, will he confirm that no final decision arising from such negotiations will be made until the outcome of all reviews into the new hospital site are completed?

Answer

Warwick Farm

This site is leased to IHP limited for a nine year period from 1st January 2018. There are no negotiations with any developer in train in relation to this site.

St Saviours Hospital

The site at St Saviours Hospital is in two parcels.

The land to the north of La Route de la Hougue Bie comprises Clinque Pinel and Rosewood House. These are operational buildings that will remain as such for the foreseeable future, pending the provision of any alternative accommodation proposed as a result of the Mental Health review.

The land to the South comprising Queens House and associated buildings, together with residential properties at Marina Court, Marina Cottages and Valley Close, has the potential for redevelopment. However, services provided at Orchard House will need to be relocated to the north side of the road, and keyworker accommodation reprovided, before the site is available for redevelopment. This is likely to take up to two years.

The Regeneration Steering Group (RSG) has agreed for the site to be re-developed by the States of Jersey Development Company (JDC) and, once a Development Brief has been issued by the Environment Minister, JDC will to produce a Development Plan for the RSG to consider. There will also be engagement with stakeholders including St Saviour Deputies prior to decisions being made. No negotiations are in train with JDC, Andium Homes or any other developer at this stage.

The States Assembly has approved the current hospital site as the preferred location for the new hospital. The report of the Planning Inspector is expected in early November.

The Chief Minister’s Policy Review Panel is scheduled to report by the end of October.

As no negotiations are in place for either site, and decisions on the current proposals are expected imminently, the confirmation sought by the Deputy is unnecessary.

4.18 THE CONNÉTABLE OF ST. HELIER OF THE CHIEF MINISTER REGARDING THE EMPLOYMENT OF COMMUNICATIONS STAFF: [WR.216/2018]

Question

What numbers of public relations officers, communications staff, media consultants (or similarly titled staff) have been employed by States departments over the past five years; and what have been the annual salaries and other costs associated with such employment?

Answer

In the past, a large number of staff had communications responsibilities as part of their role, and this was often not included in their job titles. Moreover, external agencies hired to provide PR or other support were hired on a project cost basis, which cannot be broken down into its component elements, such as staff time. Therefore, it is not possible to produce an accurate historical estimate.

4.19 DEPUTY R.J. WARD OF ST. HELIER OF THE MINISTER FOR THE ENVIRONMENT REGARDING THE RECENT REPORT FROM THE INTERGOVERNMENTAL PANEL ON CLIMATE CHANGE: [WQ.217/2018]

Question

Given that the recent report from the Intergovernmental Panel on Climate Change, ‘IPCC Special Report on Global Warming of 1.5°C’, indicated 12 years remain to reduce carbon emissions significantly before global warming could reach irreversible levels, will the Minister –

(a)    commit to making this issue an agenda item at all meetings of the Council of Ministers to ensure it is given priority and urgent attention;

(b)    outline the measures currently being taken to reduce the Island’s carbon emissions; and

(c)    detail any future plans to make Jersey a world leader in renewable energy or, if there are no such plans, explain the lack of planning? 

Answer

(a) & (b)

Our officer team and I are currently considering the latest IPCC report in the context of the Island’s agreed emissions reduction plan - Pathway 2050: An Energy Plan for Jersey (P.38/2014[1]). The Energy Plan outlines all the policies and actions to reduce Jersey’s Greenhouse Gas Emissions by 80% on 1990 baseline levels by 2050[2].

The delivery of the Energy Plan is overseen by the Jersey Energy Partnership[3], whose role it is to monitor and review the Energy Plan. The Partnership has two parts, a Ministerial Energy Executive, and a multi-stakeholder energy forum.

The Energy Executive is responsible for the ongoing monitoring of the actions as outlined in the Energy Plan. They review the delivery of the Plan and develop or commission new policy areas or actions accordingly.

The Energy Executive includes the following Ministers and their officers: Minister for the Environment (Chair), Minister for Economic Development, Tourism, Sport and Culture, Minister for Infrastructure, and Minister for Social Security, and therefore it is considered that there is sufficient Ministerial oversight for delivery of the plan. Where this is required the Executive will bring matters to the attention of the Council of Ministers (COM). Therefore, at the present time I do not consider it necessary to make climate change a standing item on all COM agendas.

(b) Considerable work has been done to assess Jersey’s potential for renewable energy generation, especially given the Island’s large tidal range, offshore wind resource and sunshine hours (See Chapter 4 of Pathway 2050).

The aim of the Energy Plan is to deliver secure, affordable and sustainable energy. At the present time the costs involved in harvesting utility scale renewable energy for sale on-Island would cause energy costs to rise if we were to adopt current technologies. Until these costs reduce this would negatively impact on the affordability of energy for consumers. Taking into account the vital need to maintain a network infrastructure, even for micro renewables, at the present time most renewable energy options are likely to be equal or more expensive to produce than conventional forms of energy.

Jersey’s current mix of electricity from France is certified as 65% nuclear and 35% renewable energy (hydro-electric from the La Rance tidal impoundment barrage[4]). Jersey’s 35% renewable energy component of electricity, compares well with the UK, where 30% of their electricity generation was renewable in Q1 2018[5]. Therefore, Jersey’s electricity supply is not only decarbonised (via the importation of nuclear energy), it also currently comprises a substantial proportion of renewable energy. As a percentage of all Jersey’s energy use (Total Primary Energy Supply), our renewable component comprises 12.5%.

Whilst Jersey currently bench marks reasonably well against other places, it is essential that we do more to increase renewable energy use in future years and recognise that our current security and affordability of supply may not be guaranteed in the future.

The costs of generating renewable energy of all types can be expected to fall as technology improves, whilst the costs of traditional energy sources will increase. The Council of Minister’s Proposed Common Strategic Policy 2018-2022 ‘has made a commitment to establishing our policy on renewable energy at the utility and domestic scales with the intention of creating a more sustainable supply’. Therefore, I will fully support our joint efforts towards switching to more renewable energy both from a sustainability perspective but also from a security of supply perspective when affordability is less prohibitive.

Concurrently with our policy development work in 2019, we will also consider opportunities as they arise in this fast moving situation.

4.20 DEPUTY M.R. LE HEGARAT OF ST. HELIER OF THE CHAIRMAN OF THE STATES EMPLOYMENT BOARD REGARDING FINANCIAL AND REMUNERATION PACKAGES OFFERED TO PEOPLE LEAVING THEIR EMPLOYMENT WITH THE STATES OF JERSEY: [WQ.218/2018]

Question

Will the Chairman advise how many staff have been given the following since 1st October 2017 –

(a) compromise agreements;

(b) voluntary redundancy;

(c) compulsory redundancy; or

(d) any other form of financial or remuneration package on leaving their employment with the States of Jersey;

will she state how many staff have been given ‘gardening leave’ during the same period and how many of any such staff are still employed by the States; and will she also state how much such agreements and arrangements have cost the States to date?

Answer

4.21 DEPUTY M.R. LE HEGARAT OF ST. HELIER OF THE MINISTER FOR HOME AFFAIRS REGARDING OFFICERS WHO HAVE LEFT THE STATES OF JERSEY POLICE: [WQ.219/2018]

Question

Will the Minister state how many officers have left the States of Jersey Police since 1st August 2017, including those who are currently working their notice, breaking the figures down by the following age groups –

20-30

30-40

40-50

50-60

and will he also indicate within each age group the breakdown by rank and gender?

Answer

The information requested is compiled in the table below.

4.22 THE CONNÉTABLE OF ST. HELIER OF THE MINISTER FOR THE ENVIRONMENT REGARDING THE MINISTER’S RESPONSE TO THE REPORT OF THE INTERGOVERNMENTAL PANEL ON CLIMATE CHANGE: [WQ.220/2018]

Question

What response, if any, has the Minister made to the latest report by the Intergovernmental Panel on Climate Change (I.P.C.C.) which has challenged all governments to take steps to address the problems of climate change; and will he engage with the Minister for Treasury and Resources regarding prospective fiscal measures that could be taken, either through amendments to the 2019 Budget or through the 2020 Budget; and if not, why not?

Answer

I am currently considering the latest IPCC report in the context of the Island’s agreed emissions reduction plan - Pathway 2050: An Energy Plan for Jersey (P.38/2014) which outlines policies and actions to reduce Jersey’s Greenhouse Gas Emissions by 80% on 1990 baseline levels by 2050[6].

The Energy Forum, the stakeholder arm of the Jersey Energy Partnership[7], have the IPCC report as an agenda item for their next meeting of the 4th December 2018. They will also consider whether Jersey’s policies to reduce carbon emissions as modelled are in line with the new emissions and temperature scenarios discussed by the IPCC and report back to the Energy Executive, the Ministerial oversight group tasked with monitoring the delivery of the Energy Plan. At present the two key target areas for carbon reduction are space heating and transport. Their conclusions will inform the Council of Ministers (COM) policy formulation work which is due to take place during the first quarter of 2019 as part of preparing our draft Common Strategic Policy (CSP), Resources Plan for 2020-22, and the new Island Plan.

As a newly elected Minister I would have liked to see the proposed COM budget for 2019 include fiscal measures to achieve our environmental objectives. Unfortunately with only four months since being elected a Minister, the States summer recess and work on our COM CSP having to take priority, at the same time as the Civil Service undergoing a complete restructuring, there has not been sufficient time nor opportunity for policy research and development to ensure any fiscal measures proposed were robust and without unintended consequences. 

Whilst there are proposals which could be considered for amendment in the 2019 budget, e.g. bringing centre of town private car parking into the taxable benefits in kind regime to support sustainable transport, I have been advised that until a full assessment of the adequacy of the Island’s ongoing emissions reduction policies in the light of the IPCC report has been carried out, it is premature to bring an amendment to the 2019 Budget that would impose fiscal measures for this purpose.

Notwithstanding this disappointment, as Minister for the Environment, I will work to ensure the COM’s policy considerations in the 2020 and beyond budget cycles includes potential fiscal levers to encourage reductions in carbon emissions and reduced pollution, especially from vehicles. These could include Vehicle Emissions Duty and differential parking rates for electric vehicles and perhaps in the much longer term an urban congestion charge at peak times, and all have the potential of generating additional funding for sustainable transport including public transport. But these subjects will have to go through the COM one government policy development process, including public consultation, and wide ranging discussions will be required with the Minister for Infrastructure. I will ensure the Connétable has the opportunity to contribute fully to these considerations.  

4.23 DEPUTY C.S. ALVES OF ST. HELIER OF THE CHAIRMAN OF THE STATES EMPLOYMENT BOARD REGARDING THE NUMBER OF TEACHERS LEAVING THE PROFESSION IN THE LAST 5 YEARS: [WQ.221/2018]

Question

Following the results of the Teachers’ Survey which was published on 28th September 2018 –

(a) how many teachers have left the profession in the last 5 years (not including retirements);

(b) of those who have left, what percentage had exit interviews;

(c) how, if at all, were those leaving the profession informed they could have exit interviews?

Answer(s):

A) The tables below show the amount of teachers, broken down by role and school type, over the last 5 years, excluding retirements:

B) The information is not held centrally.

C) Exit interview guidance and documentation is provided on the States intranet for use by Managers as necessary. In the event their local intranet does not provide access, their HR Business partner will provide access.  Any employee who is leaving can ask for an exit interview.

4.24 DEPUTY C.S. ALVES OF ST. HELIER OF THE MINISTER FOR INFRASTRUCTURE REGARDING LEASE AGREEMENTS ON THE WATERFRONT: [WQ.222/2018]

Question

Further to the Minister’s answer to Written Question 185/2018 regarding lease agreements on the Waterfront, can the Minister advise –

(a) how much is received annually from these leaseholds;

(b) how much has been generated from the sale of leases/sub-leasing since the inception of the States of Jersey Development Company to date;

(c)  what dividends, if any, have been paid to the States of Jersey to date?

Answer

(a)  In 2004 the States of Jersey transferred various leasehold and freehold development plots into the States of Jersey Development Company Limited (“SoJDC”) (formerly known as the Waterfront Enterprise Board Limited (“WEB”)) as a capital contribution from the Shareholder.  These land areas were the subject of an independent red book valuation at the date of transfer and are held on SoJDC’s balance sheet under “Equity attributable to equity holders of the Company” at £20.2m.

The various leases that have been put in place on the Waterfront plots between the States of Jersey and SoJDC are at a peppercorn rent of £1 per annum. 

In 2018, SoJDC is forecast to receive the following income from its leasehold land and property on the Waterfront:

(b)  The following long leasehold interests have been disposed of to private third parties since the inception of SoJDC in 2011:

(c)  Profits from SoJDC’s activities are either paid as a dividend, invested in public infrastructure, invested in acquiring further regeneration projects or recycled as working capital for future developments. 

To date, SoJDC has paid the following dividends:

To date SoJDC (formerly WEB) has funded the following public infrastructure projects:

Funded out of SoJDC’s land sales (between 2003 and 2010):

• The creation of a new marina services facility (showers, WCs and clothes washing facilities) for the Elizabeth Marina boat owners at Harbour Reach at an estimated cost of £0.4m;
• Co-ordinated and directly funded the relocation of the buses from the Weighbridge, by funding the creation of Liberation Bus Station at a cost to SoJDC of £3m;
• Following the removal of the buses from the Weighbridge, SoJDC commissioned and funded the regeneration of the former bus depot into a new public square at a cost of £1.5m;

Funded out of SoJDC’s development activities (since 2011):

• The creation of Trenton Square and new areas of public realm around IFC 1 and IFC 5 at a cost of £2.4m;
• The creation of 55 permanent parking spaces at Janvrin School at a cost of £0.75m;
• The widening (to create a footpath) and refurbishment of Drury Lane at a cost of £0.25m;
• The payments to Growth, Housing and Environment of £0.38m for sustainable transport initiatives; and
• A Ministerial Decision has been signed that has committed the transfer of the Liberation bus station (which has a value of £2.5m) as dividend in specie at the end of 2019.

Finally, SoJDC directly funds the ongoing maintenance and upkeep of extensive areas of public realm on the St. Helier Waterfront.  These areas include: Les Jardins de la Mer, Marina Gardens (on top of the Waterfront car park), the Weighbridge Square, certain promenades around Elizabeth Marina and the landscaping and street lights on Route du Port Elizabeth, Rue de L’Etau and Rue de Carteret.

4.25 DEPUTY C.S. ALVES OF ST. HELIER OF THE MINISTER FOR TREASURY AND RESOURCES REGARDING THE PHASING-OUT OF MORTGAGE RELIEF ALLOWANCE: [WQ.223/2018]

Question

What revenue has been collected, and is expected, per annum from the point at which the phasing out of mortgage relief allowance commenced, to the point at which phasing out is anticipated to be complete?

How much less income will be generated in 2019 by raising the cap on stamp duty for first-time buyers as stated in the Draft Budget Statement 2019?

Answer

Part 1: mortgage interest tax relief

The proposal to phase-out mortgage interest tax relief (“MITR”) was adopted by the States Assembly in the Budget 2016 and was a key element of the Treasury’s focus on ensuring sustainable public finances (note: at a time of historically low interest rates it was estimated that the cost of MITR was £11m per annum).

The economic advice received concluded that there were no strong arguments for the existence of MITR and there are many grounds for concerns over the distortions it adds to the housing market and its wider economic and distributional consequences, including: 1) There seems to be little evidence for justification that are put forward in its favour; 2) It increases housing demand and with no compensating increase in housing supply is likely to be capitalised (at least partly) in higher house prices; 3) It encourages higher mortgage debt; 4) tends to be regressive in nature (although the distributional consequences are complex), may be disadvantageous to first time buyers and acts as a transfer from taxpayers to homeowners; 5) International evidence points to no clear impact on home ownership rates ; and 6) it distorts investment and consumption choices, working against economic efficiency.

Accordingly in the Budget 2016 the States Assembly agreed to reduce the existing MITR interest cap of £15,000 incrementally over a period of ten years, commencing with the year of assessment (“YOA”) 2017, so that by the YOA 2026 MITR would be reduced to Nil.

For the YOA 2017 the MITR interest cap was reduced to £13,500. The Taxes Office has not yet issued all the personal tax assessment for the YOA 2017 and accordingly there is incomplete information available to determine the impact on tax revenues of the reduction in the MITR interest cap of £13,500 for YOA 2017 at this time.

However when the Draft Budget Statement 2016 was lodged it was estimated (based on the data available for YOA 2013) that the phasing-out of MITR would raise approximately £100k in respect of the YOA 2017 and £200k in respect of the YOA 2018.

The table below estimates the additional tax raised by the reduction in the MITR interest cap for each year of the phase-out period (based on data available at the time of the Budget 2016). It is also assumed that the number of claimants will neither increase or decrease and that the amount of interest and the level of borrowings by these taxpayers remains constant.

Part 2: stamp duty – Budget 2019

The proposal in the Draft Budget Statement 2019 to extend the Stamp Duty/ Land Transaction Tax bands which apply to First Time Buyers (“FTBs”) is part of a package of measures which would broadly have a neutral impact on States revenues.

Stamp duties are a transactional tax and are accordingly difficult to forecast with accuracy. However based on transactions which have occurred in the last 3 years it is estimated that the proposed extension to the Stamp Duty/Land Transaction Tax bands for FTBs will reduce the States revenues by approximately £268k per annum from 2019[8].

Furthermore a FTB may also benefit from the proposal in Budget 2019 to reduce the amount of Stamp Duty/Land Transaction Tax they are required to pay on the registration of a mortgage when buying their property.

This proposal, which is not limited to FTBs, reduces the amount of Stamp Duty/Land Transaction Tax on a mortgage used to purchase a property of £600k or less to Nil. Where the property exceed £600k but does not exceed £700k the proposal is to charge Stamp Duty/Land Transaction Tax on the mortgage used to purchase the property at a tapered rate. The cost of this proposal is estimated to be £989k per annum from 2019[9], however it is not possible to provide an estimate of the amount of the cost which would apply solely to FTBs.

4.26 DEPUTY G.P. SOUTHERN OF ST. HELIER OF THE CHAIRMAN OF THE STATES EMPLOYMENT BOARD REGARDING POLICY IN RESPECT OF THE USE OF ZERO‑HOUR CONTRACTS IN THE PUBLIC SECTOR: [WQ.224/2018]

Question

Will the Chairman update members on any recent policy developments in respect of the appropriate use of zero-hour contracts across States departments and inform members of the extent to which departments make use of renewable fixed-term contracts and/or agency workers to deliver services while meeting head count and full time equivalent limits?

Will she further state how these employment practices will interact with the intention to deliver services through a more flexible and smaller workforce resulting from workforce modernisation changes?

Answer

It remains important to maintain our flexibility as a public service and to this end we use a variety of employment frameworks to achieve this objective. Regular monitoring of our approach is maintained by SEB via the P59 process and the Jersey Appointments Commission through its assurance accountability. There have not been any recent variations to our approach save for ensuring that such contracts are subject to regular monitoring as indicated above.

As at the end of September, the States of Jersey had:

      357 Staff on Fixed Term Contracts

      1,140 Unique Zero Hour agreements (staff with no other role within SoJ)

      175 Agency staff (From our 3 preferred suppliers (1st Recruitment, ASL Recruitment & Itchyfeet Recruitment)

Of the 1,140 unique zero hour contracts available to the States of Jersey, Only 368 were used in the month of September where their main usage was within Children, Young People, Education and Skills, and Health and Community Services.

The States of Jersey will continue to use different employment frameworks as part of the need to ensure effective headcount management and protect permanent employees in a period of change. They will support the proposed introduction of the Target Operating Model and associated restructures by maintaining an agile and flexible workforce structure.  The Board will continue to review any change proposal presented to it, via its regular meetings and workshops.

4.27 CONNÉTABLE A.S. CROWCROFT OF ST. HELIER OF THE MINISTER FOR HEALTH AND SOCIAL SERVICES REGARDING WAITING TIMES FOR COMMUNITY DENTAL SERVICES: [WQ.225/2018]

Question

What action, if any, is the Minister taking to address the 385-day wait for community dental services as reported by the Jersey Evening Post on 4th October 2018?

Answer

Introduction

The Community Dental Service is significantly challenged by the increasing number of patients eligible for treatment. It offers all children in Jersey under the age of 11 free dental care, which, as a consequence, creates high demand for the service. The Health and Community Services Department (H&CS) constantly reviews community dental waiting lists and clinic utilisation to ensure every resource is optimised and has been pursuing different options to try and reduce these waits. Currently, one part-time consultant and three dentists (one of whom is full time) meet the current workload.

Any child considered to require an urgent appointment will be seen the same day or the next working day.

The number of referrals (new appointments) continues to rise (see table). On the 1 October 2018 there were 927 patients on the waiting list, of whom 627 (68%) had waited over 90 days. As a comparison, on 1 October 2017 there was a total of 1,013 patients on the waiting list of whom 737 (73%) had waited over 90 days.

Actions taken

A number of measures have been taken in 2018 to reduce waiting lists and will continue to be taken to optimise resources.

• In January 2017 there was a small but permanent increase in community dental officer provision with the funding of an additional clinic per week. The impact of this has resulted in an additional 10-12 patients being seen per week.
• Between February and April 2018, an additional 10 clinics were held. This involved a local dentist on a bank contract within H&CS. Approximately 120 additional patients were seen as a result of this initiative to reduce waiting lists. 
• Additional community dental clinics will be considered in 2019. These should help reduce waiting times further.
• Patient waiting times and the community dental department’s administrative workload are adversely affected by the number of patient ‘Was Not Brought’ (WNB) appointments. In 2018 (to September), the Community Dental Department scheduled appointments for 8,646 (vs 8,815 in 2017) patients. Of these, 1,257 or 14.5% (vs 1,464 or 16.6% in 2017) were not brought. To put this in perspective, a 16% WNB rate is equivalent to one funded clinic session in six having no patients.

The impact of a high WNB rate is considerable as all patients have to be given another appointment, as H&CS policy is that it is not the child who is responsible for the failure to attend, but the parent or guardian who failed to bring them.

To help overcome these challenges, a Rapid Improvement Workshop was commissioned within H&CS in February 2018 to address inefficiencies, improve clinic utilisation and reduce the number of WNBs. The implementation of a new system for booking patients and sending an appointment 6 weeks in advance as opposed to 12 months is now having a positive impact. Whilst the WNB rate has fallen to 14.5%, the true impact of the changes won’t be known until the end of the year.

At its peak in 2017, the WNB rate was 23%; in September 2018 this had been fallen to 10%. The net benefit across all clinics is the take up of 25 new patient appointments per week.

Future Plans

The H&CS Acute Service Strategy follows on from Proposition P82/2012 on the reform of healthcare in Jersey. The Strategy outlines that treatment in the General and Future Hospital will be focused on those patients for whom it is clinically necessary that such treatment is provided in an acute hospital. For dental patients this would include, among others, patients with facial trauma and those requiring anaesthesia (some patients with dementia or learning disabilities, and some children). Such considerations are informing planning for the development of Jersey’s Future Hospital, and may mean that non-acute dental patients may be treated in a more appropriate primary care setting. As part of the Common Strategic Policy, the Council of Ministers is committed to improving access for children to primary care services, including dentistry, with an emphasis on prevention and early intervention. 

4.28 CONNÉTABLE A.S. CROWCROFT OF ST. HELIER OF THE MINISTER FOR INFRASTRUCTURE REGARDING STRATEGIES TO FACILITATE WALKING AND CYCLING: [WQ.226/2018]

Question

Further to the Minister’s answer to Oral Question 148/2018 regarding commitments made by the previous Minister to bring forward strategies to encourage and facilitate walking and cycling, when does the Minister intend to bring forward these strategies?

Answer

Further to the Connétable’s request for a commitment to be made to bring forward strategies for walking and cycling, as previously stated in my response to OQ 148/2018, we anticipate these will be published alongside the government plan next year. This is likely to be spring 2019.

The time between now and spring 2019 will be spent engaging with parishes and other stakeholders to identify and join-up a number of safe routes. As we are likely to be retrofitting cycling routes onto existing infrastructure, it is likely that we will need to reprioritise road space to improve the attractiveness and safety of these routes.

4.29 DEPUTY L.M.C. DOUBLET OF ST. SAVIOUR OF THE MINISTER FOR EXTERNAL RELATIONS REGARDING THE EXTENSION OF THE CONVENTION ON THE ELIMINATION OF ALL FORMS OF DISCRIMINATION AGAINST WOMEN TO JERSEY: [WQ.227/2018]

Question

Can the Minister provide an update on progress made towards requesting the extension of the Convention on the Elimination of all Forms of Discrimination Against Women to Jersey?

Which sections of the treaty’s compliance matrix does Jersey currently meet, and which remain outstanding?

What is the timescale for 100 percent compliance?

Answer

Work to progress the extension the Convention on the Elimination of all Forms of Discrimination Against Women (the Convention) to Jersey is a cross Government effort. The Ministry of External Relations is helping to coordinate this work and is responsible for the process of requesting extension of the Convention.

A compliance matrix is an internal working document used to identify any gaps in compliance, rather than an official treaty document, and significant progress has been made towards completion. Once finalised, the matrix will be reviewed by the Attorney General to assess compliance with the requirements of the Convention. Once the Attorney General is satisfied that the Island meets the required obligations, a formal request to the UK government for extension will be made through the official channel.

The UK's next examination by the UN Committee on the Elimination of Discrimination Against Women is in February 2019, and the Government of Jersey is working towards requesting extension in time for that hearing.

Please be assured that I am determined to have this important human rights treaty extended to Jersey as soon as possible.

5. Oral Questions

5.1 Deputy M.R. Higgins of St. Helier of the Chief Minister regarding the role of Ministers in respect of pay negotiations for the public sector: [OQ.164/2018]

Will the Chief Minister explain what role, if any, Ministers play in States pay negotiations and, in particular, whether they have agreed the strategy and approach adopted by the States Employment Board to negotiations; and is it his assessment that the policy of offering pay awards at, or below, the level of inflation has had any effect on confidence levels and on retention and recruitment in the public sector?

Senator T.A. Vallois (Deputy Chief Minister - rapporteur):

Ministers do not take part in direct pay negotiations other than the role of the Chief Minister to delegate to the Chair of the States Employment Board who, with the Board, has delegated the role of negotiation to officers.  However, the approach to such negotiations has been presented and acknowledged by the Council of Ministers as of 5th September this year, which stated that the Council accordingly noted the position regarding the 2018/19 public sector pay award and acknowledged the need to address modernisation of pay and rewards through the rollout of the target operating model.  Although there has been no overall assessment completed, we recognise the concerns expressed and also restate the fact that this is not just about providing pay awards at a level of inflation but one of much more complexity, which involves the issue of equal pay for equal value and restructuring the role of the public sector.

5.1.1 Deputy M.R. Higgins:

So, for the avoidance of doubt, the Council of Ministers are driving the policy and it is not the Chief Executive who has determined the policy, which the Council of Ministers have agreed to, is that correct?

Senator T.A. Vallois:

It is the States Employment Board that have set out the framework for the negotiations and it is the Council of Ministers who have acknowledged that framework that the States Employment Board have set out.

5.1.2 Deputy G.P. Southern of St. Helier:

Does the Chairman not accept that in negotiating the target operating model, the modernisation initiatives and the pay awards for the coming years, her approach has been one that is somewhat confused in mixing all those 3 elements together?

Senator T.A. Vallois:

I think, like I said in the answer at the beginning, this is quite a complex situation where we had the workforce modernisation in the last term; that was rejected by unions and so had to go to the drawing board to look at how we can ensure the change to the public sector and recognising equal pay for equal value; it is a much more complex issue than just stating that this is purely just on the pay award situation.  We need to recognise that we have a lot of work to do and a lot of legacy issues to deal with, with regard to public sector pay and modernisation.

5.1.3 Deputy G.P. Southern:

Does the Chairman accept that the approach adopted by the Employment Board is one which does not engender confidence, given that we have 600 vacancies in the public sector and below-inflation pay awards on offer?  Does she not consider that is likely and is driving down morale among our public sector?

Senator T.A. Vallois:

We recognise there are concerns among all staff, not just with regards to pay awards, but with the modernisation of the public sector, hence the reason why the States Employment Board have agreed to meet with the unions this Thursday to discuss where we are now with regards to that negotiating position and listen to what the unions have to say directly as a States Employment Board, rather than through the officers.

5.1.4 Deputy R.J. Ward:

Assistant Minister, is it not the case that the reality of the situation is that there have been below-inflation pay rises for a number of years, 8 to 10 years, which has constantly eroded the value of our public services, the value of our public service workers, and created an atmosphere of disillusionment and mistrust, which is one of the reasons workforce modernisation failed and one of the reasons why a target operating model has to be imposed upon this workforce and one of the reasons why we have 639 vacancies that are very difficult to fill?

Senator T.A. Vallois:

I do recognise there are legacy issues here and this is the reason why I think we have come to a point of difficulty in terms of how we move forward with regards to pay awards and modernisation.  But we are looking at whether our pay offers can be restructured to make them more acceptable to staff and unions, hence the reason why the States Employment Board are willing to sit down and listen to what the unions have to say this coming Thursday.

5.1.5 Deputy G.P. Southern:

Is it not the case that, given that statements coming from various Members of the Council of Ministers and their officers that there is no more money, make the discussions with the unions rather redundant at this stage?

Senator T.A. Vallois:

It is true that we have to recognise that we have a budget.  At the moment, with the current pay awards that have been put forward it is £33.6 million, £14.9 million of which is unfunded at this point in time, and we have to recognise that we have to be careful and astute with regards to how we apply that money and do it in a proper way.  We need to have those discussions and understand that every year we are going to have these negotiations around pay.  We need to start at a point where everyone is on the same level and understand each other so that the discussion that has to be taken and listened to on Thursday has to be one where - with us as a new States Employment Board who have picked up the framework that was agreed from the last States Employment Board - we have taken the decision that we should be sitting down and listening to the unions and understanding exactly directly from them what their issues are, so that we can take that forward and have this discussion and see whether we can find a more acceptable way of taking this forward.

5.1.6 Deputy J.H. Perchard of St. Saviour:

The Deputy Chief Minister mentioned the term “equal pay for equal value” a couple of times in her answer, so I was just wondering if she could clarify if there is a formal position on equal pay for equal value in the States and, if there is, if a policy exists.

Senator T.A. Vallois:

I understand that a lot of work has gone on around the equal pay for equal value, but this is something that we will look at in terms of the States Employment Board and ensure that there is a direct policy in place.  The States Employment Board are restructuring themselves to ensure proper governance and ensure that we work thoroughly going forward in terms of holding to account and quality assurance in terms of the codes of practice that are laid down with the public sector employees.

5.1.7 Deputy M.R. Higgins:

Does the Minister recognise that by adopting the policies of previous Council of Ministers and keeping wage rises very low, also conflating equal pay for equal work, which should be there anyway and you have not got a policy, and also by the excessive pay rises being given to the leadership of the executive body, are all seen as highly provocative to the members who are employed by the States?  If there is a strike it will be as a direct result of the policies that they have adopted.

Senator T.A. Vallois:

Hence my answers to previous questions.  This States Employment Board recognises that there have been issues and there are concerns around the direct discussions between our officers and the negotiation.  That is why the States Employment Board have agreed to meet with the unions directly to listen to what they have to say so there can be no room for possible Chinese whispers, or anything that might be said behind closed doors.  We can have that ability to listen to them directly.  Adopting previous Council of Ministers’ policies, unfortunately we were in a position where we have come into a new Government, a new States Employment Board, we only have one member on the States Employment Board who has ever served on there previously and we want to ensure that we get the right frameworks in place.  Hence the reason why I have stated we are looking at whether our pay offers can be restructured to make them more acceptable to staff and unions to reduce this provocative nature in which the Deputy suggests.

5.2 Senator S.C. Ferguson of the Minister for Children and Housing regarding the decanting of residents from Convent Court: [OQ.158/2018]

Given there is a shortage of social rented housing, will the Minister explain why the residents decanted from Convent Court are not being returned to the refurbished flats?

Senator S.Y. Mézec (The Minister for Children and Housing):

When refurbishment work is carried out in Andium properties, Andium do send teams around to meet with the residents to understand what their needs are and see how they can be met.  Of course, we recognise that sometimes this can be tricky to do.  But the Senator will be aware that, just before Convent Court was refurbished, Caesarea Court, across the road, was refurbished, which meant that there was an opportunity to offer those in Convent Court the chance to live in properties just across the road, with the same neighbours and community and amenity space, but in properties that were much better quality.  Not all tenants wanted to do this and for various reasons some wanted to move elsewhere, but all of these moves were successfully facilitated.  It is not often the case that tenants wish to move twice, firstly out of the property when it is being refurbished to start their life somewhere else and somewhere new, only to then go back a year later when the refurbishments are complete.  But if the Senator is aware of anybody, who would like to move back to Convent Court then she should get in touch and we will look at that opportunity because they may well end up freeing up a property elsewhere, which could be used for somebody who wants to move out of Hue Court and does not want to move into Convent Court.  So, there are opportunities but I ask the Senator to get in touch if she is aware of residents who have that preference.

5.2.1 Senator S.C. Ferguson:

According to the Jersey Evening Post, part of Convent Court is to be used by doctors, presumably locum doctors and locum social services officers, who are being brought over.  Would the Minister confirm that?

Senator S.Y. Mézec:

It is our policy now that where possible we should endeavour to ensure that key workers in Jersey are accommodated as well as possible.  We know this is incredibly important for the Island, given what we were told in the Care Inquiry and the Care Commission reports that say that moving to the Island and setting up a life here has been difficult.  I think that when we have States-owned bodies like Andium that we can use to meet our policy objectives and not rely on the private sector, which sometimes is not capable of delivering on these, then I think that is a good thing.

5.2.2 Deputy G.P. Southern:

The Minister has mentioned the linkage with Hue Court.  Could he inform Members - and the public for that matter - of the timescale attached to this transition and decanting from Hue Court?

Senator S.Y. Mézec:

The Deputy has caught me off guard there in that I cannot recall that.  I was not anticipating that as a supplementary question.  I will get that to him within a few hours, as my officers will be listening.

5.2.3 Deputy G.P. Southern:

Can the Minister accept that I will talk to him at the next parliamentary party meeting?

Senator S.Y. Mézec:

Yes, I can accept that.

5.2.4 Deputy M.R. Higgins:

Will the Minister say it is not only junior doctors that we have a problem of attracting to the Island, we have teachers and we have many other sorts of professionals?  Andium has responsibility for also providing social housing to residents of the Island, who are already here.  How is the Minister going to balance the 2?

[10:00]

Senator S.Y. Mézec:

It is a good question.  There is a report that is due to come out very shortly, which will outline proposals on what we can do to support key workers moving to the Island.  I can understand why some might have some concern when there are residents in the Island who need decent homes to live in, and Andium is going to play an important part in delivering that.  There is a balance to be struck though.  In many ways this is chicken‑and‑egg in that if we do not have decent housing options for key workers then we will not attract key workers when we so desperately need them in areas.  So, I accept that it is a difficult balance to strike.

5.2.5 Deputy G.P. Southern:

Once again, the Minister is a bit loose with his timescales, “shortly” expecting to see a report on the housing Gateway and housing demand.  We have been waiting for this for the last 6 months; when are we going to see it?

Senator S.Y. Mézec:

I agree and I had hoped that this would be published before summer, but that has not been the case.  This will be published absolutely by the end of the year, I give that guarantee.  I had a discussion with officers yesterday about the future housing needs report and again we are hoping for that one to be published in the next few weeks.  But there are various people we need to show it to before we make it public.

5.2.6 Senator S.C. Ferguson:

Does it not seem grossly incompetent of the Future Hospital Planning Board to end up in a position where they need to occupy much-needed social rented housing for residents?  Will the Minister take this policy back to the Council of Ministers in order to find a more satisfactory solution?

Senator S.Y. Mézec:

If the Senator is making comments about the handling of properties that had previously been used to occupy health staff then perhaps there is a legitimate point in there, but the properties that are currently being used for some of these workers are simply not good enough anymore and something has to be done about it.  We can either sit on our hands and do nothing or we can use a States-owned company to deliver on our strategic priorities.

5.2.7 Senator S.C. Ferguson:

Why should the residents suffer because of the incompetence of some of the civil servants?

Senator S.Y. Mézec:

I absolutely disagree with such an allegation and, as the Senator will know if she listened to my opening answer, that the residents from Convent Court have had solutions provided to them and many of them are now living in properties that are substantially better quality than what they were living in before.  [Approbation]

5.3 Deputy S.M. Ahier of St. Helier of the Chairman of the Privileges and Procedures Committee regarding the development of plans to implement electoral reform: [OQ.163/2018]

Will the Chairman advise the Assembly whether any progress has been made in developing plans to implement electoral reform; and will he further assure members that his committee will lodge a proposition on this matter before the end of this 4-year term?

Deputy R. Labey of St. Helier (Chairman, Privileges and Procedures Committee):

I am pleased to advise the Deputy and the Assembly that one of the first actions of P.P.C. (Privileges and Procedures Committee) was to form a sub‑committee charged with bringing forward proposals in response to the Electoral Observers Mission on electoral reform and I chair that committee and sit alongside Deputy Alves and Deputy Wickenden.  We have been working throughout the summer and progress is being made on proposals to bring forward.  Some of these matters are what one might call housekeeping; others are more philosophical and go straight to the heart of our electoral system.  On timing, we do not have 4 years.  My hope would be, if we want to remain Venice-compliant, or become Venice-compliant, then all alterations to an election should happen 12 months before the elections.  My ideal would be, once I have our proposals from the sub-committee accepted by P.P.C., to bring them to the Assembly in the first quarter of 2019.  I think the Assembly should aim to make these reforms in 2019, so we have time … that they can be passed into law and we will not break that 12-month barrier, as it were.

5.3.1 Deputy S.M. Ahier:

It has been 18 years since the Clothier report on the machinery of government in Jersey.  Would it not be apposite to revisit the findings of that review panel and move forward towards implementation of the proposals held therein?

Deputy R. Labey:

Yes, it has been 18 years since Clothier, and in that 18 years the States Assembly has debated a total of 103 propositions on electoral reform, 6 of those were successful, just 6.  It is an awful long time.  Of course, my sub-committee is also looking at Clothier and those recommendations, but in some ways Clothier has been overtaken by the Electoral Observers Mission.  I am not sure in fact; it would be very, very difficult to implement, as far as I can recall, the Clothier recommendations for them to be Venice-compliant.  We have to recognise the legal framework here.  Jersey is party to the International Covenant on Civil and Political Rights, the European Convention on Human Rights, and the United Nations Convention Against Corruption, which all set a number of important standards for elections.  The Venice Commission will meet quarterly in Venice and they are being updated all the time.  So, that is the benchmark; these covenants and the Venice Commission are the benchmarks for the gold standard, which we have to reach.  That is what my sub-committee is looking at: how we apply those standards to our current system and what changes we need to make in terms of voter equity, voter equality, of our system where Members are returned to the Assembly without facing an election.

The Bailiff:

Your answers must be reasonably swift please.

Deputy R. Labey:

I will leave it there, thank you.

5.3.2 Senator S.Y. Mézec:

If the Clothier report is no longer Venice-compliant, it is just as well that we have an Electoral Commission report, which was Venice-compliant and could be implemented tomorrow.  If there have been 103 attempts for meaningful electoral reform previously and, let us be frank, all of them failed because even the proposals that were adopted by the States were not meaningful reforms, how can the Chairman give us any confidence that somehow they are going to find the right answer this time when there have already been enough reports telling us what the right way forward is here?

Deputy R. Labey:

That is my point; we are looking at the Electoral Observers Mission report and we are looking at how we implement that with our system, at the changes that will need to be made.  There are 20 recommendations, or so, maybe more, I cannot remember.  As I say, a lot of them are housekeeping, but many of them are more complex to do with electoral reform.  We are working on it, we are making progress, we want to talk to people.  In tandem with that, I want to inform the electorate about what the Electoral Observers Mission is all about, but we are making progress.

5.3.3 Senator S.Y. Mézec:

The Election Observers report made no recommendations on what a good electoral system would look like; it was simply critical of the one that we already have.  I was referring to the Electoral Commission report from 2013, which said that we should have one type of States Member, elected in equal-sized constituencies and every States Member should receive a significant number of votes to sit in this Assembly.  Does he not agree that Commission report laid out the sensible way forward and anything else is frankly just a waste of our time?

Deputy R. Labey:

That was not the only recommendation of that Electoral Commission, was it?  The Electoral Commission brought forward 3 options, A, B and C, and A did not win.  I do not know if I can add more.

5.3.4 Senator S.C. Ferguson:

Yes, I do wonder why we have to follow everybody else and not do our own thing.  Will the Chairman please ensure that the sub-committee will take cognisance of the Harwood report on the Guernsey electoral system?  While I barely dare mention it in these hallowed Chambers, I would venture to say that there are some very good comments in it.  Will the Chairman make sure that a copy of it is supplied to the sub-committee?

Deputy R. Labey:

It is interesting that the Senator raises the question of what our sister island is up to in terms of electoral reform.  I am not sure we have an awful lot to learn there.  [Approbation]  Why we listen to everybody else is because internationally, as I have just said, we are signed up to Conventions.  It is part of the legal framework that Jersey is signed up to these Conventions and they are there, not to protect us and our seats and our re-election, they are there to protect the human rights of the people we serve, to make sure that we are giving them a fair election.  The killer sentence in the Electoral Observers’ report, after making its comments about our system, was that arguably our system undermines the principle that elections in Jersey are fully genuine.  That is the killer sentence and that is why we have to act and we will be acting perhaps sooner than you think.

5.3.5 Deputy G.P. Southern:

Will the Chairman state what consideration he has given to the introduction of electronic voting in the next elections, working, as he does, with the Council of Ministers, so that we have not got just e-registration, but the potential for e-voting?

Deputy R. Labey:

We are very keen on electronic voting, not necessarily online voting.  Electronic voting, I think, is very important, so that we can have voting in all polling stations, so we can have the possibility of mobile polling stations.  This is all going to help try and get our voter turnout figures up, which is a really important thing to do.  We are relying on the Economic Development Department now, who have taken the e-Gov and digital programmes on.  We need the electronic People Directory.  We need that up and working for the next stage, which is electronic voting, to work.

5.3.6 Deputy M.R. Higgins:

The Chairman of P.P.C. mentioned that there were 42 recommendations, if I remember correctly.  We do not have to wait for an all-encompassing report.  Can he not bring individual propositions such as saying we should all be called Members of the States of Jersey, rather than Deputies, Constables, or whatever?  Those types of things could be brought quite quickly, they are a single issue and we can get a quick answer to them.

Deputy R. Labey:

That is not a recommendation from the Electoral Observers, but, yes, there will be various measures dribbling through in subsequent months.

5.3.7 Deputy J.H. Young of St. Brelade:

The Chairman was critical, or negative, on the Clothier report.  Would the Chairman not accept that it was the Clothier report that set in train the entire structure of our Government with ministerial government and that the Electoral Committee recommendations for the electoral system were designed to ensure that ministerial system was put in the proper context?  Would he not accept that and take it into account in the work that he is doing?

Deputy R. Labey:

Yes, and I was not negative about the Clothier Report; the States Assembly of 2000, or 1999, would have done us all a favour, perhaps, if they had not cherry-picked and had just gone with the entirety of Clothier.  It certainly would have saved the Assembly an awful lot of time.

5.3.8 Connétable D.W. Mezbourian of St. Lawrence:

If my memory serves me correctly - and I must admit that at times it does tend to play up a little bit - I believe that all 3 Members of the sub-committee have voiced the opinion that the Constables should not be in the States.  Is the Chairman able to confirm, or deny, that?

Deputy R. Labey:

No, I do not think that is true, it is certainly not true of myself.

5.3.9 Deputy S.M. Ahier:

If there were to be a referendum on electoral reform, would the Chairman assure us that we will not engage in the almost chaotic situation we have seen in a nearby Crown Dependency and that there will be a clear yes/no vote on a referendum?

Deputy R. Labey:

It will be up to this Assembly whether they want to take proposals to a referendum.  I am not fond of referenda myself.  I believe we have just had an important referendum, which is the general election, and people elect us and put us here to make these difficult decisions and to work on their behalf.  I think that we have already learned the lesson that a referendum that does not provide the people with a yes, or no, binary option, one option, either you like it or you do not, any other referendum is not a good idea and we have seen that with our failures in the past.  This Assembly should certainly not be putting a question to the people that it will not then follow up through if that is what they want to do and make it a reality.

[10:15]

5.4 Deputy J.M. Maçon of St. Saviour of the Minister for Home Affairs regarding traffic safety and enforcement: [OQ.162/2018]

Prior to agreeing the States of Jersey Police’s next annual Policing Plan, will the Minister canvass States Members in order to help determine the priority that traffic safety and enforcement should be given?

Connétable L. Norman of St. Clement (The Minister for Home Affairs):

I will remind the Deputy that the current Policing Plan, covering the years 2018 and 2019, one of the priorities is for the States Police to work with partners to make our roads safer.  In addition, an action of the current plan is to continue to promote safer road use through a combination of education and enforcement.  So, the Deputy is pushing at an open door.  I should make it clear that the annual Policing Plan is not my plan, it is not the States of Jersey Police’s plan, it is the plan of the Jersey Police Authority and they have the legal duty to produce this plan.  The Police Authority includes 2 States Members, who are appointed by this Assembly, currently that is Deputy Wickenden and the Deputy of St. Mary, and I have no doubt that those Members will ensure that the priorities of elected colleagues are taken into account when they commence their work to prepare the next plan.

5.4.1 Deputy J.M. Maçon:

That tweak of a technicality must have escaped me in lodging the question to the Minister, but I thank him for pointing me in that direction.  Is the Minister then content that when assessing these priorities the States of Jersey Police receives significant feedback from the public to know how well they are doing when they assess their priorities?

The Connétable of St. Clement:

It is the duty of the Jersey Police Authority, when completing their plan, which they obviously have to do in consultation with the Chief of Police, to make themselves aware of what the priorities of the population are.  Again, it is one of these things where we police by consent.  The people have to have confidence in what the police are doing so that the J.P.A. (Jersey Police Authority) do need to consult with the public in whichever way they think is best.

Deputy J.M. Maçon:

I thank the Minister for his response and I have sent a few disgruntled constituents in the area of the Police Authority.

5.5 Deputy R.J. Ward of the Chairman of the States Employment Board regarding the imposition of public sector pay awards which had been rejected by union members: [OQ.157/2018]

Does the States Employment Board support the imposition of pay awards, which have been rejected by union members, given that the unions have indicated that public sector strikes could be triggered?

Senator T.A. Vallois (Chairman, States Employment Board):

The States Employment Board establishes the pay mandate, which is both affordable and sustainable.  It then delegates to officers to negotiate while maintaining oversight of the negotiations.  The Board remains keen to reach an agreement with its employees and ensure they can be paid an affordable pay award.

5.5.1 Deputy R.J. Ward:

Can I make it clear that we, as a States Assembly, have a duty and a responsibility to our public service workers to ensure that they are both valued and that they have a future in the service that they give to this Island?  That the value of public services to this Island, although not a profit-making organisation, gives us the standard of living that attracts people that we want to attract to this Island, business, et cetera.  So, subsequently to ignore negotiations and to impose pay offers, creating absolute chaos in the negotiation process, can only be destructive in the long term.  Do you agree with that?

The Bailiff:

Through the Chair.

Senator T.A. Vallois:

The Deputy knows that I agree with him that we value the public service, of course we do.  The States Employment Board are in a difficult position, this is an unsettling time.  This is not going to be easy with regard to how we move forward with regard to modernisation of the public sector.  But we have to have these discussions and this is why recognising these concerns that the unions have expressed, and I know they have been in touch with many Members about what has been happening.  This is why the States Employment Board offered to meet with them directly, to listen to their direct concerns and to see whether we can look at our pay offers being restructured, so that we can provide a more acceptable offering to staff and the unions.

5.5.2 Deputy G.P. Southern:

Does the Minister not accept that the latest round of cuts - and I will describe them thus deliberately - is bound to affect this time around, after so much austerity, the quality of public services delivered on this Island?

Senator T.A. Vallois: