Minimum Wage Increase (P.11/2021): addendum

Question 1: Name the measure / proposal and briefly describe its overall aim

Proposition to request that the Minister for Social Security, when prescribing the minimum wage or referring matters regarding the minimum wage to the Employment Forum for consideration in accordance with the Employment (Jersey) Law 2003, ensures that any such decision or consideration takes into account the views of the Assembly, and accordingly to raise the level of the minimum wage by increments

Question 2: What children's rights does it impact upon?

Article 3 The best interests of the child must be a top priority in all things that affect children.

Article 4 Governments must do all they can to make sure every child can enjoy their rights.

Article 18 Both parents share responsibility for bringing up their child and should always consider what is best for the child. Governments must support parents by giving them the help they need, especially if the child's parents work.

Article 24 Every child has the right to the best possible health. Governments must work to provide good quality health care, clean water, nutritious food and a clean environment so that children can stay healthy. Richer countries must help poorer countries achieve this.

Article 26 Every child has the right to benefit from social security. Governments must provide social security, including financial support and other benefits, to families in need of assistance

 Article 27 Every child has the right to a standard of living that is good enough to meet their physical, social and mental needs. Governments must help families who cannot afford to provide this. For this to happen they should have access to adequate housing.

Article 31 Every child has the right to relax, play and take part in a wide range of cultural and artistic activities.

Question 3: What children and young people will be affected?

Children of low-income households

Question 4: What is the likely impact of the proposal / measure on children?

Improvement of quality of life, improvement of parent's abilities to fully provide and care for their children

Question 5: Is a full child rights impact assessment required? Explain your reasons

Yes. The impacts of low household income on children's rights is considerable – this proposition would begin the process of helping parents who are currently struggling, and therefore helping their children.

The following quote seems apt – whilst we are discussing relative poverty, the implications are still clear:

It is trite at this point to note that the word poverty does not appear in the Convention. It is also trite to note that child poverty constitutes a violation of a wide range of children's rights under the CRC. Living in childhood poverty frequently either results from or causes a failure to secure children's economic and social rights, such as the right to an adequate standard of living, to benefit from social security, to the highest attainable standard of health, and to education. However, it has a significant impact on their civil and political rights as well, with, for example, the UN Special Rapporteur on Extreme Poverty and Human Rights highlighting that poor children are disproportionately affected by maltreatment and neglect, with poverty serving as a risk factor for child abuse and child marriage. Poverty whether absolute or relativealso has clear implications for children's enjoyment of their participation rights in a range of different contexts, including education and cultural or social life.[1]

Question 6: Name the measure / proposal being assessed and describe the

overall aim

Proposition to request that the Minister for Social Security, when prescribing the minimum wage or referring matters regarding the minimum wage to the Employment Forum for consideration in accordance with the Employment (Jersey) Law 2003, ensures that any such decision or consideration takes into account the views of the Assembly, and accordingly to raise the level of the minimum wage by increments.

Page 8 of the CSP; "We will use the latest policy evidence to bring forward approaches that address the barriers that hold some children back. For example living in overcrowded or poor-quality housing, living in families with low incomes and limited access to primary care services such as GPs and dentists."

The minimum wage today is set at the hourly rate of £8.32 in Jersey.

It is surely wrong for the Jersey minimum wage to lag so far behind that of the UK given

the relative cost of living of the two jurisdictions, and yet it is the UK government which

is making the greatest strides in this area. The UK has committed to raise its minimum

wage to the level of relative low income, that is, 60% of the median wage. This proposition seeks to pave the way for a minimum wage which matches the Living Wage,

thereby enabling the lowest paid workers escape the dependency culture we have created.

• Part (a)(i) simply moves the minimum wage calculation to one based on the median and not the mean wage.

• Part (a)(ii) raises the minimum wage to £9.15 as shown above based on 60% of the median wage.

• Part (a)(iii) then further raises the minimum wage to £10 in 2022 to ensure that these low-paid workers are above the relative low-income threshold.

Question 7: Which human rights instruments and articles are relevant to the measure / proposal?

Human Rights Instrument

Article

Further analysis on the expected / actual effect

UNCRC

Article 3

The best interests of the child must be a top priority in all things that affect children.

The Government/Assembly have vowed to Put Children First. By not agreeing a living wage, what happens to this vow, and to the Children of low-income households?

UNCRC

Article 4

Article 4 Governments must do all they can to make sure every child can enjoy their rights.

As per Article 3 above

UNCRC

Article 18

Both parents share responsibility for bringing up their child and should always consider what is best for the child. Governments must support parents by giving them the help they need, especially if the child's parents work.

This Article must also be seen to apply to single parent low income families. Such families have been proven to struggle far more with housing costs and the effects of low income

2

Support from the Government in this instance is not further benefits, but helping families to provide for themselves and their children.

UNCRC

Article 24

Every child has the right to the best possible health. Governments must work to provide good quality health care, clean water, nutritious food and a clean environment so that children can stay healthy.

The Jersey Care Model reiterates the push for improved quality of life and improved health. However this change would help low income families actually implement such improvements – the Government can provide Healthcare through the Care Model, but the obligation to ensure access to clean water and nutrition is not so straightforward. The increase in income could begin to help in this regard.

UNCRC

Article 26

Every child has the right to benefit from social security. Governments must provide social security, including financial support and other benefits, to families in need of assistance

One step towards financial security is the introduction of a living wage

UNCRC

Article 27

Every child has the right to a standard of living that is good enough to meet their physical, social and mental needs. Governments must help families who cannot afford to provide this. For this to happen they should have access to adequate housing.

Adequate housing is an issue on the Island. See proposition P.20/2011 and P.31/2021.

The CRIA attendant to P.20/2011 highlights further the Child Rights impacts of poor housing

UNCRC

Article 31

Every child has the right to relax, play and take part in a wide range of cultural and artistic activities

The effect of this proposition would be to assist families who may be struggling due to low income, to allow them the opportunities which others may take for granted.

Question 8a: What quantitative evidence have you used to inform your assessment? What does it tell you?

Evidence collected

Evidence source

Explanation of the importance

What are the data gaps, if any?

More help for young people and families who don't have enough money

55% of 7-11 40% of 11-18

Children's Commissioner's Survey 2018

Averaged, this means that 48% of respondents between the ages of 7-18 felt that it was important – in fact, a priority, to give more help for low income households.

Rationalisation of data – that is how high a priority the children considered this

50% of 11-18 year olds stated that it should be free to go to the Doctor if you are not well

Children's Commissioner's Survey 2018

Children and Young People should not be made to feel that they do not have access to health care because of cost

Whether they felt it should be free for all or free for children

22% of children responding said they weren't more physically active due to cost

School Survey 2019

See Children and Young People's Plan 2019-23 –

Live Healthy Lives

Increase children's quality of life

Increase the number of children who are a healthy weight

Multiple reasons may apply

33% of Year 6,8,10 +12 who responded said that being poor was a reason that children got bullied

School Survey 2019

See Children and Young People's Plan 2019-23 –

Grow up safely

Reduce the number of children being bullied

Reduce the number of children who are victims of crime

Multiple reasons may apply

13% of Jersey children lived in households below relative low-income threshold.

44% of single- parent households find it difficult to cope.

In the Children and Young People's Plan 2019-23 –

+

Jersey Household income Distribution 2014/15

Important to understand the number of children that this proposition might affect – hopefully it would lead to a reduction of this percentage

N.B After Housing costs are taken into account, this percentage increases dramatically to 29% of children – showing the effect of housing costs on lower income earners

-

5% of total dwellings in Jersey were classed as

Children and Young People's Plan 2019-23

Article 27 UNCRC

Every child has the right to a standard of

-

overcrowded'; 10% of households with dependent children and 19% of households with any children aged under 1

living that is good enough to meet their physical, social and mental needs. Governments must help families who cannot afford to provide this. For this to happen they should have access to adequate housing.

Jersey children's Health Related Quality of Life' score is slightly lower than European average3

• Increasing trend over years on low levels of self-esteem among young people

Children and Young People's Plan 2019-23

Jersey 48.4

Question 8b: What key missing information / evidence would have been beneficial to your analysis?

Up to date data on the number of children living in Low Income households

 Furthermore specific analysis of how the impact of low income directly affects children

Question 9a: What qualitative evidence have you used to inform your assessment? What does it tell you?

Evidence collected

Evidence source

Explanation of the importance

 "There is no garden or space in area where I live. We just need a better flat where I can have my one room, and all the children should have the same. But mum says that is to expansive to move to a different place a specially when she is not sure how much money she is going to get in a week. No child should have the same problem as my family."

P14 Children's Commissioner's Survey 2018

Importance of space and privacy in children's development – See UNCRC Article 27 and 31

"Being able to go the doctors without it costing my parents lots of money."

"Make sure they all had a home with food and drink."

"I would like to make play activities and outdoor activities something that all children can do without worrying if their family can afford it."

"I think houses and flats are really expensive in Jersey and sometimes mums and dads don't earn enough money to afford a nice house for them and their children to live in and sometimes landlords have nice big houses but won't let children live in them."

7-11 Year olds

Page 22 Children's Commissioners Survey 2018

When asked what the Children's Commissioner could do to make things better for Children in Jersey – these are some of the answers given by 7-11 year olds. Simple things that children should not need to be worrying about – the access to health care, to food, to play, to a reasonable home.

"Focus on the financial imbalance and fluctuating behaviour that affects low income homes and split families and how it can severely affect the education, livelihood and future of the children living in those homes."

"Make sure families have enough money to buy good food for their children. I've heard some children have had less food in their lunch boxes nearer the end of the month."

"Young families with limited money giving them a safe environment plenty of food and drink and a warm home."

11-18 Year olds

Page 25 Children's Commissioners Survey 2018

When asked what the Children's Commissioner could do to make things better for Children in Jersey – these are some of the answers from 11-18 year olds. Again, the themes are clear – the access of all to education, comfort, enough food and decent housing.

Question 9b: What key missing information / evidence would have been beneficial to your analysis?

Further discussions with Children and Young People about what poverty means to them, about what they felt low income families needed to help them.

Discussions with low income families about what they felt the effect would be on their children

Question 10: Has evidence from third party consultations with children and young people been considered in the development of the proposal or measure?

Groups consulted

Source of Information

Please provide a brief description of process

What were the findings?

Children's Commissioner

Online report

Survey of Islands Children undertaken in 2018

See Q 8+9 for relevant findings

School Survey 2019

Online report

Survey of school children

See Q 8+9 for relevant findings

undertaken by Government in 2019

Question 11: What groups of children and young people have been directly involved in developing the proposal or measure?

Groups involved [ if those affected by the proposal]

How were they involved

What were the findings

No children have been directly involved in developing this proposition

Question 12: What impact will (or does) the proposal or measure have on children and young people's rights

Type of impact [please highlight]

Justification for Argument

likely or actual short/medium/long-term outcomes

Positive

Backs up the principles of the Children's Plan 2019-2022 – Valued and Involved – Reduce Children's experience of poverty and the impact of living in a low- income family

Start to help reduce the disparity in family incomes which can lead to bullying, poor health and fitness, lack of suitable accommodation and/or care

Question 13: Will there be (or are there) different impacts on different groups of children and young people?

Group of children affected

Initial analysis of the positive impact on rights

Initial analysis of the negative impact on rights

Greater impact on children from low income households

Potential to improve health, wellbeing and safety of children from low income families

None

Question 14: If a negative impact is identified for any area of rights or any group of children and young people, what options are there to modify the proposal or measure to mitigate the impact?

Negative impact

What options are there to modify the measure(s) or mitigate the impact?

No negative impacts identified

Question 15: In summary, what are your key findings on the impact of the measure or proposal on children and young people's rights?

The impacts of the proposition would have a positive effect on the Rights of low- income family children, and would be a step towards Putting Children First.

Question 16: Should the full assessment or a summary be published? Will a child-friendly version be produced?

Yes, this CRIA will be published.

Question 17: Have the recommendations made in Stage 6 been acted upon?

Pending the results of the States Assembly debate

Question 18: Where recommendations have not been acted upon, is further action required?

It is acknowledged that this is one step on the road to addressing income inequality and to helping those children whose parents fall into the low-income bracket.