States Meeting Transcript - 2nd December 2013

STATES OF JERSEY OFFICIAL REPORT

MONDAY, 2nd DECEMBER 2013

COMMUNICATIONS BY THE PRESIDING OFFICER ......................................6

1. Welcome to His Excellency The Lieutenant Governor...................................6
2. Welcome to the Italian Consul General..................................................6
3. Notice of retirement – Bailiff of Jersey, Sir Michael Birt ................................6
4. Statement fromthe Right Reverend Bishop of Winchester...............................6

5. Message of sympathy – Glasgow Helicopter Crash......................................7

QUESTIONS......................................................................................7

2. Written Questions........................................................................7

1. DEPUTY G.C.L. BAUDAINS OF ST. CLEMENT OF THE CHAIRMAN ON THE ENVIRONMENT SCRUTINY PANEL REGARDING STATEMENTS CONTAINED WITHIN THE PANEL'S RECENT ENERGY REPORT:..............7

2. DEPUTY G.P. SOUTHERN OF ST. HELIER OF THE MINISTER FOR SOCIAL SECURITY REGARDING A REVIEW OF THE JERSEY DENTAL FITNESS SCHEME:.................................................................................9
3. DEPUTY G.P. SOUTHERN OF ST. HELIER OF THE MINISTER FOR SOCIAL SECURITY REGARDING SAFEGUARDS TO ENSURE THAT EMPLOYEES ARE NOT EXPLOITED WHEN PARTICIPATING IN ADVANCE TO WORK AND JOBS FEST SCHEMES:................................................................10

4. DEPUTY G.P. SOUTHERN OF ST. HELIER OF THE MINISTER FOR SOCIAL SECURITY REGARDING THE USE OF ZERO-HOURS CONTRACTS:..........11
5. DEPUTY G.P. SOUTHERN OF ST. HELIER OF THE MINISTER FOR SOCIAL SECURITY REGARDING CHANGES TO THE MEDICAL PROTOCOLS ENGAGED IN THE ASSESSMENT OF LONG-TERM INCAPACITY ALLOWANCE:..........................................................................12

6. DEPUTY G.P. SOUTHERN OF ST. HELIER OF THE CHIEF MINISTER REGARDING CONTROLS IN PLACE UNDER THE CONTROL OF HOUSING AND WORK REGULATIONS 2013:..................................................13
7. DEPUTY M.R. HIGGINS OF ST. HELIER OF THE MINISTER FOR HEALTH AND SOCIAL SERVICES REGARDING THE NUMBER OF NON- PROFESSIONAL CARERS IN THE ISLAND:........................................14
8. DEPUTY G.C.L. BAUDAINS OF ST. CLEMENT OF THE MINISTER FOR ECONOMIC DEVELOPMENT REGARDING THE PROGRESS OF THE KNIGHTS OF IMPOSSINGWORTH' FILM:........................................16
9. DEPUTY G.C.L. BAUDAINS OF ST. CLEMENT OF THE CHIEF MINISTER REGARDING THE DISMISSAL OF A MINISTER ON A PROPOSITION LODGED BY THE CHIEF MINISTER:...............................................16

10. DEPUTY M.R. HIGGINS OF ST. HELIER OF THE CHIEF MINISTER REGARDING ADULT AND CHILDREN'S SAFEGUARDING PANELS:..........17

11. DEPUTY M.R. HIGGINS OF ST. HELIER OF THE MINISTER FOR HOME AFFAIRS REGARDING A DETAILED TIMELINE OF THE EVENTS ASSOCIATED WITH THE ARREST OF THE WOMAN KNOWN AS H.G:.......21

12. DEPUTY R.G. LE HÉRISSIER OF ST. SAVIOUR OF THE MINISTER FOR ECONOMIC DEVELOPMENT REGARDING THE RECENT LOSS OF A FULFILMENT COMPANY FROM THE ISLAND:..................................23

13. THE CONNÉTABLE OF ST. JOHN OF THE MINISTER FOR ECONOMIC DEVELOPMENT REGARDING SUCCESSION PLANNING AT THE HARBOURS DEPARTMENT:........................................................................24

14. DEPUTY J.H. YOUNG OF ST. BRELADE OF THE CHIEF MINISTER REGARDING HIS POLICY PRIORITIES FOR THE ENVIRONMENT: ..........25

15. DEPUTY G.C.L. BAUDAINS OF ST. CLEMENT OF THE MINISTER FOR TRANSPORT AND TECHNICAL SERVICES REGARDING THE HANDLING OF COMBUSTIBLE WASTE AT THE ENERGY FROM WASTE PLANT: ............27

16. DEPUTY G.C.L. BAUDAINS OF ST. CLEMENT OF THE MINISTER FOR HEALTH AND SOCIAL SERVICES REGARDING THE EFFICACY OF TAMIFLU:..............................................................................27

17. DEPUTY M.R. HIGGINS OF ST. HELIER OF THE MINISTER FOR HEALTH AND SOCIAL SERVICES REGARDING THE PROVISION OF TREATMENT FOR AUTISM, ASPERGER'S, ADHD AND OTHER SIMILAR CONDITIONS AND DISORDERS:............................................................................28

3. Oral Questions...........................................................................31

1. Senator A. Breckon of the Minister for Treasury and Resources regarding the transfer of Ann Court to a Housing Trust:..........................................................31 Deputy E.J. Noel of St. Lawrence (Assistant Minister for Treasury and Resources - rapporteur):.............................................................................31

1. Senator A. Breckon: ....................................................................31
2. Deputy J.G. Reed of St. Ouen:..........................................................32
3. Senator S.C. Ferguson:.................................................................32
4. Senator S.C. Ferguson:.................................................................32
5. Connétable P.J. Rondel of St. John : ....................................................32
6. Deputy G.P. Southern of St. Helier:....................................................32
7. The Connétable of St. John:............................................................33
8. Deputy G.P. Southern :..................................................................33

9. Deputy M.R. Higgins of St. Helier:.....................................................33
10. Deputy J.A. Martin of St. Helier:....................................................34
11. Deputy C.F. Labey of Grouville :....................................................34
12. Senator A. Breckon:.................................................................34

2. Senator S.C. Ferguson of the Minister for Treasury and Resources regarding the transfer of £13 million from the Currency Fund to the States of Jersey Development Company Limited:................................................................................35 Senator P.F.C. Ozouf (The Minister for Treasury and Resources):............................35

1. Senator S.C. Ferguson:.................................................................35
2. Deputy J.H. Young of St. Brelade:......................................................35

3. Deputy M.R.Higgins:..................................................................36
4. Deputy M.R.Higgins:..................................................................36
5. Deputy J.A. Martin:....................................................................36
6. Senator S.C. Ferguson:.................................................................37

3. Deputy S. Power of St. Brelade of the Minister for Economic Development regarding the factors leading to the closure of the café at the Elizabeth Terminal: ....................37 Senator A.J.H. Maclean (The Minister for Economic Development):.........................37

1. Deputy S.Power:.......................................................................37
2. Deputy R.G. Le Hérissier of St. Saviour:...............................................38
3. Deputy R.G. Le Hérissier: ..............................................................38
4. The Connétable of St. John:............................................................38
5. The Connétable of St. John:............................................................39
6. Deputy J.H. Young:....................................................................39
7. Connétable M.P.S. Le Troquer of St. Martin:...........................................39
8. Deputy S.Power:.......................................................................39

4. Deputy G.C.L. Baudains of St. Clement of the Minister for Health and Social Services regarding contractual agreements with consultants:.....................................40 Deputy A.E. Pryke of Trinity (The Minister for Health and Social Services):.................40

1. Deputy G.C.L. Baudains:...............................................................40
2. Senator S.C. Ferguson:.................................................................40
3. Senator S.C. Ferguson:.................................................................41
4. Deputy M.R.Higgins:..................................................................41
5. Deputy M.R.Higgins:..................................................................41
6. The Deputy of St. Ouen:................................................................41
7. Deputy J.H. Young:....................................................................42
8. Deputy G.C.L. Baudains:...............................................................42

5. Deputy G.P. Southern of the Minister for Social Security regarding the use of zero-hours contracts in the economy: ..............................................................42 Senator F. du H. Le Gresley (The Minister for Social Security): ..............................42

1. Deputy G.P. Southern :..................................................................43
2. Senator S.C. Ferguson:.................................................................43
3. Deputy M.R.Higgins:..................................................................43
4. Deputy G.P. Southern :..................................................................43
5. Deputy G.P. Southern :..................................................................44
   6. Deputy J.A.N. Le Fondré of St. Lawrence of the Chief Minister regarding the outcome of the Steel Review:.......................................................................44 Senator I.J. Gorst (The Chief Minister):......................................................44

1. Deputy J.A.N. Le Fondré:..............................................................44
2. The Connétable of St. Martin:..........................................................45
3. Deputy M.R.Higgins:..................................................................45
4. Deputy J.A.N. Le Fondré:..............................................................46

7. Deputy M.R. Higgins of H.M. Solicitor General regarding the involvement of defence lawyers in criminal court cases:........................................................46 Mr. H. Sharp Q.C., H.M. Solicitor General:..................................................46

1. Deputy M.R.Higgins:..................................................................46
2. Deputy M.R.Higgins:..................................................................47
3. Deputy M.R.Higgins:..................................................................47

8. Deputy G.C.L. Baudains of the Minister for Treasury and Resources regarding the impact of the removal of income tax allowances:.......................................48 Senator P.F.C. Ozouf (The Minister for Treasury and Resources):............................48

1. Deputy G.C.L. Baudains:...............................................................48
2. Deputy J.H. Young:....................................................................49
3. Deputy J.H. Young:....................................................................49

9. Deputy J.A.N. Le Fondré of the Chief Minister regarding his involvement in the impending pastoral' visit from Lambeth Palace:.......................................50 Senator I.J. Gorst (The Chief Minister):......................................................50

1. Deputy J.A.N. Le Fondré:..............................................................50
2. Deputy M. Tadier of St. Brelade:.......................................................51
3. Deputy M. Tadier :......................................................................51
4. Senator S.C. Ferguson:.................................................................51
5. Deputy R.G. Le Hérissier: ..............................................................51
6. Deputy M.R.Higgins:..................................................................52
7. Deputy J.A.N. Le Fondré:..............................................................52

8. Deputy J.A.N. Le Fondré:..............................................................52

10. Deputy M.R. Higgins of the Chief Minister regarding the decision of the Jersey Independent Safeguarding Panel's decision not to instigate a Serious Case Review into the arrest and welfare of the lady known as H.G:.......................................53 Senator I.J. Gorst (The Chief Minister):......................................................53

1. Deputy M.R.Higgins:...............................................................53
2. Deputy M.R.Higgins:...............................................................54

11. Deputy G.P. Southern of the Chief Minister regarding the role and importance of employment agencies in the Jersey economy:..........................................54 Senator I.J. Gorst (The Chief Minister):......................................................54

1. Deputy G.P. Southern : ..............................................................54
2. Deputy M.R.Higgins:...............................................................55
3. Deputy M. Tadier :...................................................................55
4. Deputy M. Tadier :...................................................................55

4. Questions to Ministers without notice - The Minister for Social Security.............56

1. Deputy G.P. Southern :..................................................................56 Senator F. du H. Le Gresley (The Minister for Social Security): ..............................56

1. Deputy G.P. Southern :..................................................................56
   2. Deputy J.H. Young:....................................................................56
   3. Deputy R.G. Le Hérissier: ..............................................................56
   4. Deputy M. Tadier :......................................................................57

4.4.1 Deputy M. Tadier :......................................................................57

5. Deputy J.A. Martin:....................................................................57
6. Connétable D.W. Mezbourian of St. Lawrence:........................................58
7. Deputy G.P. Southern :..................................................................58
8. Deputy R.G. Le Hérissier: ..............................................................58
9. Deputy M. Tadier :......................................................................58

4.9.1 Deputy M. Tadier :......................................................................59

10. Deputy J.A. Hilton of St. Helier:........................................................59
11. Deputy G.P. Southern :..................................................................59

5. Questions to Ministers without notice - The Chief Minister............................60

1. Deputy J.A.N. Le Fondré:..............................................................60 Senator I.J. Gorst (The Chief Minister):......................................................60
2. Senator S.C. Ferguson:.................................................................60
3. Deputy R.G. Le Hérissier: ..............................................................60

4. The Connétable of St. John:............................................................60
5. Senator S.C. Ferguson:.................................................................61

5.5.1 Senator S.C. Ferguson:.................................................................61

6. Deputy M. Tadier :......................................................................61

5.6.1 Deputy M. Tadier :......................................................................61

7. Deputy G.C.L. Baudains:...............................................................62
8. Deputy M.R.Higgins:..................................................................62
9. Deputy J.A. Hilton:.....................................................................62
10. Deputy S.G. Luce of St. Martin : ........................................................63
11. The Connétable of St. John:............................................................63
12. Deputy R.G. Le Hérissier: ..............................................................63
13. Deputy G.C.L. Baudains:...............................................................63

PUBLIC BUSINESS.............................................................................64

6. Committee of Inquiry into Historical Abuse: appointment of Chairman and members (P.149/2013)..............................................................................64

6.1 Senator I.J. Gorst (The Chief Minister):................................................64

1. Deputy M. Tadier :......................................................................65
2. Senator F. du H. Le Gresley:...........................................................65
3. Deputy M.R.Higgins:..................................................................66
4. Senator I.J. Gorst :......................................................................66

ADJOURNMENT................................................................................67

[14:31]

The Roll was called and the Dean led the Assembly in Prayer. COMMUNICATIONS BY THE PRESIDING OFFICER

1. Welcome to His Excellency The Lieutenant Governor

The Deputy Bailiff

First of all, from the Chair, can I give a warm welcome to His Excellency, Lieutenant Governor, as Her Majesty's representative. [Approbation]

2. Welcome to the Italian Consul General The Deputy Bailiff :

Can I also bring to the attention of Members, and I am sure you will welcome in the usual way, Dr. Massimiano Mazzante, who is the Italian Consul General, who is in the gallery. [Approbation]

3. Notice of retirement – Bailiff of Jersey, Sir Michael Birt The Deputy Bailiff :

I have been asked by the Bailiff to read the following statement: "I am sorry I cannot be with you this afternoon to deliver this message personally; unfortunately, the timing has not been wholly within my control, and I am now away on a long-planned family holiday. However, I wanted States Members to be among the first to know that Her Majesty the Queen has approved my request to be permitted to retire from the office of Bailiff on 24th January 2015. By then, I shall have completed 5 and a half years as Bailiff and some 21 years of public service. I have decided this will be a good time to make way for a successor, following the formation of a new States Assembly at the end of 2014. While I am sure there will be opportunities for messages of farewell nearer the time, not least because I am afraid you will be seeing me in this chair for another 12 months, I should like to take this opportunity to say that I regard the Presiding Officer's role in the States as an important one which I have endeavoured to fulfil to the best of my ability. I have much valued the support and friendship of Members during my term of office." Chief Minister?

Senator I.J. Gorst (The Chief Minister):

I wonder if I could just respond to that statement that you have read out on behalf of the Bailiff , and I am sorry that the Bailiff is not here among us today, but we understand entirely why. The Bailiff has a long career of service to the public of Jersey, it was 1994 that he was appointed to the role of H.M. Attorney General and, of course, he has served as Deputy Bailiff and Bailiff , and was knighted and recognised for that service in 2012. I think that I am not overstating things when I say that the Bailiff is loved and respected, not only in this Assembly [Approbation] but also in the wider community. As the Bailiff has just said in his statement there will, of course, be time for long, official farewells, but I would just like this afternoon to say on a personal note that it has been a pleasure working with the Bailiff and I know that Dionne and I have been grateful for the support and understanding that both the Bailiff and Lady Birt have provided us. I therefore wonder if I could ask Members to show their appreciation and thanks for the Bailiff and Lady Birt's work on behalf of the people of Jersey in the traditional way. [Approbation]

The Deputy Bailiff :

Chief Minister, thank you very much. I know the Bailiff , if he were here, would want to thank you very warmly for your sentiments expressed and I know that he will appreciate them when he is able to read them at a later stage.

4. Statement from the Right Reverend Bishop of Winchester

The Bailiff :

The next item of business under A is that I am asked by the Bailiff to draw formally to Members' attention the statement issued by the Right Reverend Bishop of Winchester on 22nd November that, based on Dame Heather Steel's findings to date, the Bishop will not be taking disciplinary action against the Dean or any other member of the clergy in Jersey. The Dean is a Member of this Assembly and while, of course, there may be other issues to be canvassed in connection with the matter generally, I am sure that Members will want to join me in expressing the greatest pleasure that the Dean has been exonerated from criticism. [Approbation]

5. Message of sympathy – Glasgow Helicopter Crash The Bailiff :

Finally, under A, I might give notice to Members that I have written, on behalf of the Bailiff and of course on behalf of the Members of the States and the people of Jersey, to convey to the Right Honourable Alex Salmond, the First Minister in Scotland, our sympathy for those who have been affected by the suffering and loss resulting from the tragic helicopter crash on Friday, 29th November. Jersey shares a special and close relationship with the wider Scott ish community, and there are many Glaswegians living and working in Jersey who will have experienced shock and anguish at the tragedy which has befallen their compatriots in Glasgow, and I bring that to the attention of Members.

[14:45]

QUESTIONS

2. Written Questions

Questions

1. DEPUTY G.C.L. BAUDAINS OF ST. CLEMENT OF THE CHAIRMAN ON THE ENVIRONMENT SCRUTINY PANEL REGARDING STATEMENTS CONTAINED WITHIN THE PANEL'S RECENT ENERGY REPORT:

Question

In relation to the statement in its Energy Report under key issues' that carbon emissions are having a major impact on the global climate, would the Chairman confirm that this was taken directly from IPCC literature and, if so, would he advise whether his Panel undertook any work to verify those comments?

Would the Chairman give details of the international agreement', scientific consensus' and evidence on climate change' that his Panel have researched, or whether those statements were also taken from IPCC literature without question?

Is the Chairman aware that the film Inconvenient Truth' was found by a British Court to be a political, as opposed to scientific, work?

Would the Chairman advise what work, if any, his Panel undertook to verify the statement by the IPCC co-Chair that continued emissions of greenhouse gases will cause further warming and changes in all components of the climate system'?"

Answer

I am happy to confirm that the statements referred to are taken from publications of the Intergovernmental Panel on Climate Change (IPCC).

As Deputy Baudains will be aware, the IPCC is an intergovernmental body established by the United Nations and the World Meteorological Organization. Its organisation is explained on the IPCC website (http://www.ipcc.ch/organization/organization.shtml), which for the benefit of other Members is reproduced in part below:

The Intergovernmental Panel on Climate Change (IPCC) is the leading international body for the assessment of climate change. It was established by the United Nations Environment Programme (UNEP) and the World Meteorological Organization (WMO) in 1988 to provide the world with a clear scientific view on the current state of knowledge in climate change and its potential environmental and socio-economic impacts. In the same year, the UN General Assembly endorsed the action by WMO and UNEP in jointly establishing the IPCC.

The IPCC is a scientific body under the auspices of the United Nations (UN). It reviews and assesses the most recent scientific, technical and socio-economic information produced worldwide relevant to the understanding of climate change. It does not conduct any research nor does it monitor climate related data or parameters.

Thousands of scientists from all over the world contribute to the work of the IPCC on a voluntary basis. Review is an essential part of the IPCC process, to ensure an objective and complete assessment of current information. IPCC aims to reflect a range of views and expertise. The Secretariat coordinates all the IPCC work and liaises with Governments. It is supported by WMO and UNEP and hosted at WMO headquarters in Geneva.

The IPCC is an intergovernmental body. It is open to all member countries of the United Nations (UN) and WMO. Currently 195 countries are members of the IPCC. Governments participate in the review process and the plenary Sessions, where main decisions about the IPCC work programme are taken and reports are accepted, adopted and approved. The IPCC Bureau Members, including the Chair, are also elected during the plenary Sessions.

Because of its scientific and intergovernmental nature, the IPCC embodies a unique opportunity to provide rigorous and balanced scientific information to decision makers. By endorsing the IPCC reports, governments acknowledge the authority of their scientific content. The work of the organization is therefore policy-relevant and yet policy-neutral, never policy-prescriptive.'

The IPCC website also explains the very thorough process of scientific research and review which its findings are based on. The Panel is in no position to challenge their findings or depart from the consensus of world wide scientific opinion. I believe it would have been irresponsible for the Panel to have attempted to do so.

The United Kingdom Government has also accepted the IPCC conclusions. In the Government Response of 27th September 2013 to the Intergovernmental Panel on Climate Change (IPCC) Fifth Assessment Report (AR5), Secretary of State Edward Davey described it as:  the most authoritative, credible analysis of climate change science ever.'

Prof David MacKay FRS, Chief Scientific Advisor to the Department of Energy and Climate Change, said:

This latest report is the most authoritative and comprehensive report to date of our understanding of climate change. The scientific consensus is that the world has warmed and will warm more, owing to human activities. There is robust evidence that human greenhouse gas emissions are already changing our world; global temperatures have risen every decade for the last three decades, oceans are acidifying, rainfall patterns are changing, sea levels are rising, arctic sea ice is declining, and some extreme weather events are becoming more frequent and intense.

It is predicted, from simple  physics, that the more humanity  increases the  quantities of greenhouse gases in the atmosphere, the warmer the Earth will become. The far-reaching consequences of this warming are becoming understood, although some uncertainties remain. The most significant uncertainty, however, is how much carbon humanity will choose to put into the atmosphere in the future. It is the total sum of all our carbon emissions that will determine the impacts. We need to take action now, to maximise our chances of being faced with impacts that we, and our children, can deal with.'

The full Government Response can be found here:

https://www.gov.uk/government/news/response-to-intergovernmental-panel-on-climate-change- ipcc-fifth-assessment-report-ar5-the-latest-assessment-of-climate-science

Regarding the part of Deputy Baudains' question referring to former US Vice-President Al Gore's 2006 film An Inconvenient Truth', the Panel did not form any opinion of this during its review, as it was not part of the evidence considered. However, as the Deputy has raised this matter I have looked into it and cannot agree with his conclusion concerning this case.

For the benefit of Members the case was heard in the Civil Court in London during September and October 2007. It was brought by a school governor against the UK Secretary of State for Education, in an unsuccessful attempt to prevent the film being distributed to schools. According to reports of the case, the judge ordered that teaching notes accompanying the film should be modified to clarify the speculative (and occasionally hyperbolic) presentation of some issues. The judge did identify statements that had political implications he felt needed qualification in the guidance notes for teachers, and ordered that both qualifications on the science and the political implications should be included in the notes. He indicated that he did not support the assertion that the nine main points highlighted in his judgment were erroneous. About the film in general, he said: It is substantially founded upon scientific research and fact, albeit that the science is used, in the hands of a talented politician and communicator, to make a political statement and to support a political programme'; and: I have no doubt that (), the Defendant's expert, is right when he says that: Al Gore's presentation of the causes and likely effects of climate change in the film was broadly accurate.'

The full text of the judgment can be read at: http://www.bailii.org/ew/cases/EWHC/Admin/2007/2288.html

2. DEPUTY G.P. SOUTHERN OF ST. HELIER OF THE MINISTER FOR SOCIAL SECURITY REGARDING A REVIEW OF THE JERSEY DENTAL FITNESS SCHEME:

Question

Will the Minister release the written review of the Jersey Dental Fitness Scheme which he referred to on 20th November 2013 during the debate of P.127/2013 (Dental Health Services – improvements') and which he stated had been produced by his Department in July this year and, if not, why not?

Answer

Earlier in the year my department reviewed the Jersey Dental Scheme, looking specifically at the level of the States subsidy. A report was produced which described the history of the scheme, the numbers of people participating, the level of parental contributions, States contributions and the costs experienced by participating dentists. Options to maintain the current level of State subsidy or increase the subsidy (by larger and smaller amounts) were produced and the costs of these various options to the Social Security budget were estimated within this report.

These projected increases were then subjected to challenge as part of normal departmental processes and further work was undertaken to explore whether any increased spend caused by increasing the States subsidy would sufficiently target assistance to the families most in need of support. This work is still ongoing.

I will not release the written review of the Jersey Dental Scheme; this is an internal document which took a narrow focus (the subsidy to the JDS) and was constructed purely to assist with the development of policy.

Following the debate of P.127, members are already aware that the focus is no longer exclusively on the level of States subsidy. More fundamental questions need our attention, these centre on the usefulness of a membership' scheme such as the JDS and ways in which we can engage with people (children and pensioners) who do not access the schemes Social Security has historically offered.

3. DEPUTY G.P. SOUTHERN OF ST. HELIER OF THE MINISTER FOR SOCIAL SECURITY REGARDING SAFEGUARDS TO ENSURE THAT EMPLOYEES ARE NOT EXPLOITED WHEN PARTICIPATING IN ADVANCE TO WORK AND JOBS FEST SCHEMES:

Question

What safeguards, if any, are in place to ensure that employers participating in Advance to Work and Jobs Fest schemes are genuinely seeking to employ candidates in permanent or long-term contract work and not just exploiting the incentives on offer to obtain up to £243.41 a week to offset employee wages?

What efforts, if any, are made to ensure that placements are made on usual' terms and conditions and that unpaid overtime or unusual hours are not imposed?

What steps, if any, are made to ensure that interviews mid-way through the placement are conducted in such a way as to assure employees of anonymity and security in assessing the placement?

What measures, if any, are in place to ensure that employers do not use the scheme to obtain cheap labour by extending the length of the placement or engaging a series of qualified workers over time?

What evidence, if any, does the Minister have to suggest that such placements do not get in the way of candidates engaging in applying for real jobs?

Answer

JobsFest was designed and timed specifically to help people who have been out of work all year and at the time of year when trends suggest that unemployment would rise. The initiative has had a positive impact in reducing registered unemployment in October when it was expected to increase. It has provided a platform for meaningful work for locally qualified people who were unemployed. Under the scheme 109 jobseekers secured roles.

All jobseekers securing roles under the JobsFest Employer Incentive will have benefited from being provided with recent working experience which will boost their employability, motivation and confidence. Around 50% of positions have been continued into December.

A further incentive is available to employers who keep on JobsFest candidates for 6 months on a permanent or long-term contract. The Employment Grant may also be available. There was no requirement for employers to keep candidates beyond the end of November.

Employers could pay candidates at higher than the minimum wage and for more than 35 hours per week. Employers are required to provide evidence of employment (e.g. contracts & payslips) before any incentive can be claimed.

For jobseekers recruited under the JobsFest Incentive, Back to Work has facilitated open feedback between the employer & employee to help address any issues in order to maximise the potential for jobseekers to be retained.

The JobsFest incentive was available only during the 8 weeks between 7th October & 30th November 2013.

Throughout the incentive period support has been provided to candidates to help them use the work experience to help find a new position or sustain the incentive employment opportunity.

Advance to Work supports those aged 16-19 into paid employment. The scheme provides:

• Mentor support

• Core and industry specific and personal development training

• Unpaid work experience placements for up to 3 months

• In work support for up to 1 year after employment

The Advance to Work team considers carefully the suitability of trainees and employers when arranging placements. Mentors remain in contact with trainees throughout the placement and help address any issues arising. Jobseeking activity continues throughout any placement.

Of Advance to Work trainees securing employment, approximately 60% do so with an employer with whom they have completed a placement.

4. DEPUTY G.P. SOUTHERN OF ST. HELIER OF THE MINISTER FOR SOCIAL SECURITY REGARDING THE USE OF ZERO-HOURS CONTRACTS:

Question

Will the Minister inform members of the progress, if any, which he has made in examining the extent to which zero-hours contracts are used in the Jersey economy?

Does the Minister condemn the use of zero-hours contracts by some employers in the finance sector as a mechanism to pay staff lower rates and circumvent their entitlement to sick pay and holidays?

Will the Minister also advise whether staff employed on zero-hours contracts by the Social Security Department through an agency have now been given permanent contracts and that this practice has now ceased in this Department?

Answer

It is assumed that the Deputy is requesting a progress report in relation to the Proposition Zero- hours contracts; Regulation' (P.100/2013) which was adopted by the States ten weeks ago, as amended by the Minister for Social Security.

The report that accompanied the Minister's amendment to that Proposition recorded that "The States of Jersey Statistics Unit intends to investigate issues relating to zero-hours contracts through its suite of business and household surveys. Such work will involve surveying businesses to estimate the overall scale and sectoral distribution of the use of zero-hours contracts in Jersey, and will also aim to measure the proportion of workers engaged on such contracts who were actually employed within a given time period as well as the average numbers of hours worked. It is anticipated that a complementary perspective will be gained by also surveying households. Such an approach will aim to examine subjective and practical issues for individuals who are engaged on zero-hours contracts.

The report accompanying the Proposition recognises that it will take some time to achieve statistically significant information. The Chief Statistician anticipates that the timescale for producing statistically robust results is approximately 12 to 15 months, i.e. by the end of the calendar year 2014. Those results will form the basis for us to consider what further action should be taken and in what timeframe.

The Minister will be in a better position to react, as necessary, to the use of zero hour contracts in the finance sector when the findings of the investigations are available in 2014.

The Department does not currently directly employ any staff on zero hour contracts.

The Department does engage Recruitment Agencies to supply temporary staff to work in the Department. These temporary staff are not employed by the Department – they are employed directly by the Recruitment Agencies. Their contractual arrangements are a matter for the Recruitment Agency and the individual. Recruitment Agencies do though typically use zero hour contracts for the staff they supply to the Department.

Temporary staff are used in the Department to cover short-term fluctuations in workloads, to support initiatives and projects, or where permanent need or funding has not been established. The Department will continue to utilise temporary staff in this way.

5. DEPUTY G.P. SOUTHERN OF ST. HELIER OF THE MINISTER FOR SOCIAL SECURITY REGARDING CHANGES TO THE MEDICAL PROTOCOLS ENGAGED IN THE ASSESSMENT OF LONG-TERM INCAPACITY ALLOWANCE:

Question

Further to the response given by the Minister to the question of the Deputy of St. Ouen on 19th November 2013, when he referred to changes to the medical protocols engaged in the assessment of the degree of impairment related to percentage awards of Long-term Incapacity Allowance, will the Minister advise whether the tests for impairment have been reinforced and, if so, has this resulted in an overall reduction of percentage awards?

If this is so, will he point to any evidence that previous assessments, either locally or elsewhere, were too generous and state whether any change is linked with ATOS assessments related to capacity for work' of those with disability in the UK, and, if so, whether there is any intention to introduce such tests here?

Answer

As reported in R.134/2013 "Social Security Department: Minister's Report and Financial Statements – 2012", the average percentage rate of assessment for Long-Term Incapacity Allowance (LTIA) claims in payment in 2012 is 37% and this percentage has remained more or less constant over the last five years (page 28). The total number of claims for LTIA and Invalidity Benefit (one of the benefits replaced by LTIA which can still be claimed by ongoing claimants) has increased from 4,367 in 2008 to 4,529 in 2012

( R.134/2013 page 29).

Ongoing training is provided to medical board doctors to ensure they maintain and apply best practice consistently, particularly in the context of functional assessment. The Department also continues to review and enhance its operational process resulting in a number of improvements over the last five years including a development of determining officer's guidelines, greater differentiation in reassessment periods and moving to combined assessments of single claimants with multiple LTIA claims.

These changes have improved the quality and consistency of the process.

There is no intention to introduce ATOS tests and the legislation governing incapacity benefits in Jersey is not linked to the UK legislation in this area.

6. DEPUTY G.P. SOUTHERN OF ST. HELIER OF THE CHIEF MINISTER REGARDING CONTROLS IN PLACE UNDER THE CONTROL OF HOUSING AND WORK REGULATIONS 2013:

Question

Will the Minister explain to members what controls, if any, are in place under the Control of Housing and Work (CHW) Regulations to prevent any employer who is refused permission to employ a registered person under his/her Regulation of Undertakings licence from sourcing a person with the required skills through an agency, whilst leaving the employee on the books of that agency?

Will he further explain how CHW Regulations controlling entitled/licenced/registered persons operate in terms of agency workers?

Will he also publish the overall numbers of licences for registered workers allocated to employment agencies along with a breakdown of the numbers attached to each agency?

Answer

Employment agencies are undertakings under the Control of Housing and Work (Jersey) Law, 2012, and require a licence to engage "registered" or "licenced" staff.

This control was introduced alongside the new Law. It means individual agencies are limited in the total number of migrant workers they can place, but not in where they can place them.

This achieves effective policing mechanisms focused on a limited number of employment agencies who are capped in the number of new migrants they can place, without government approving individual assignments.

This also recognises that employment agencies have an important place in our economy, as they provide flexibility to both employees and employers.

These agencies also place large numbers of "entitled" and "entitled to work" people into work, and can do so without any permission being required under the new Law.

Short term licences have been issued to employment agencies to permit them to engage migrants until the end of March 2014, as follows:

The intention on introducing the new law was to leave the agencies in the same position as they were under the previous arrangements, as this was agreed as part of the transitional provisions. This position will be subject to ongoing review and monitoring.

A breakdown of staffing by individual employment agency is not provided as that would disclose their individual licences.

7. DEPUTYM.R.HIGGINSOFST.HELIEROFTHEMINISTERFORHEALTHAND SOCIAL  SERVICES REGARDING  THE  NUMBER  OF  NON-PROFESSIONAL CARERS IN THE ISLAND:

Question

Can the Minister advise members what information and data, if any, is available regarding the number of non-professional carers in the Island (including children looking after their parents, spouses  looking  after  spouses, siblings  looking  after  siblings) and  what  assistance,  if any,  is provided by States Departments to these carers?

Answer

A carer can be defined as someone who provides unpaid help and support to a family member, friend, partner, or neighbour who has a physical or learning disability (e.g. autism), a physical illness or mental health difficulties, is frail, or who has alcohol or drug related problems. When given this definition in the Jersey Annual Social Survey (JASS) 2013, around one in ten adults (10%) reported being a carer (a percentage unchanged from the JASS 2009 when the question was last asked), with similar proportions of men and women and across different age groups which represents a change from the 2009 figures.

This equates to around 10,000 unpaid carers in Jersey.

The outcomes from the Jersey "Caring for life, a life for Carers" Carers Strategy in 2009 included:

• The Statistics Unit undertaking two surveys of carers and as a regular measure, carers' questions will be included in the annual Social Survey
• A training programme for young and adult carers is being run by St John Ambulance
• There has been an exploration of whether there would be any benefit in introducing carers' legislation in Jersey which is now a recommendation in the new strategy
• A Carers' Partnership Group has been established which is coordinated and supported by Jersey Association of Carers Incorporated (JACI) to advise on carer's issues
• There has been the development of new flexible respite services for carers

The 2009 JASS indicated that the age composition of carers in Jersey ranged from one in twenty (5%) 16-34 year olds reporting that they were carers, to one in eight (13%) of those aged 55 years and above and it found that two-thirds (65%) of carers were women. When asked what impact being a carer had on their life nearly half (46%) said that being a carer led to "Less personal time", whilst two-fifths (38%) indicated that they had "Increased stress" as a result of being a carer. A quarter (24%) reported "Loss of social life / increased isolation" as an impact of their caring role.

The results of the 2013 JASS indicate that cares felt that the most important support service was for information and advice, respite and practical support.

In addition there are young carers who would not be picked up in the JASS surveys. Work with Le Rocquier School since the development of Jersey's first Carers' Strategy in 2009 indicates that there may be up to 10 – 15 young carers in each secondary school.

In recognising the growing significance of these trends and the degree to which they resonated with themes emerging from the Green and White Paper consultation process, the Health and Social Services Minister requested that a renewed Carers' Strategy, which would seek to address these issues, should be produced as an important component within the overall redesign of Health and Social Services.

The new 2013 - 2016 Carers' Strategy, which builds on the original Carers Strategy, involved extensive consultation with local groups and charities that support carers. It sets out the framework for improving support for carers, and acknowledges the great contribution they make to local life. The vision of the Strategy is:  "To comprehensively recognise value and support carers in Jersey."

The current range of services for carers provided by the Health and Social Services Department include bed-based, flexible community and day respite for the following groups:

• Carers of people with Dementia
• Carers of adults with physical and learning disability
• Carers of children with special needs
• The Multi Agency Support Team (MAST) in Schools offer support to young carers.
• Carers of children can access a range of short break services which include residential and community support.
• Carers of people with special needs can access daytime respite

In addition with dedicated funding from the medium term financial plan, new carers' services are being commissioned from the voluntary and independent sector to achieve improved outcomes for carers, which include:

• Developing a Carers' Support Service by 2014 which will offer practical assistance
• Improving access to information and the range of support options available to carers
• Developing the role of carers' support workers and Improving the support to young carers
• Improving support for carers of people with long-term medical conditions
• Improving support for carers and former carers to access volunteering, employment, training and leisure opportunities
• Improving access to independent advice and advocacy for carers and their families
• Advocating the introduction of Carers' Legislation in Jersey.

It may be that other States Departments are assisting carers, for example, the Social Security Department provides a Home Carer's Allowance for those of working age.

It may be that other States Departments are assisting carers, for example, the Social Security Department provides a Home Carer's Allowance for those of working age.

It is recognised that often carers are unable to access the kind of support which allows them to get the reprieve they need themselves to re-charge, and the developments funded through the medium term financial plan have included resources to assist us develop new and enhance existing services for carers.

8. DEPUTY G.C.L. BAUDAINS OF ST. CLEMENT OF THE MINISTER FOR ECONOMIC DEVELOPMENT REGARDING THE PROGRESS OF THE KNIGHTS OF IMPOSSINGWORTH' FILM:

Question

Would the Minister advise whether the filming of Knights of Impossingworth' has now started and, if so, where is this taking place and when is the film due to be completed?

Would he also advise whether it is now suggested that the film will be shot entirely in Jersey and, if so, whether his Department will be increasing its grant as a consequence?

Would the Minister also clarify whether the title of the film has now changed and, if so, whether that has any implications with regard to the contract between the Department and the film makers?

Finally, if filming has not yet started, would the Minister advise precisely how long he intends to allow slippage to continue before activating the claw-back' clause in the contract?

Answer

Canbedone Productions Limited advised the Economic Development Department that initial test filming was undertaken in September 2013.

Based on the latest filming schedule, supplied to EDD on 21st October 2013, forwarded to the Public Accounts Committee on 4th November 2013, filming is due to commence on or around Monday 27th January 2014. In addition, Canbedone Productions Limited have been in detailed discussion with Jersey Heritage and others regarding the use of locations including Hamptonne, Mont Orgueil and the Dolmen

The filming schedule and budget documentation supplied by Canbedone Productions Limited confirms that the film will be shot entirely in Jersey (comprising 40 days on location) which satisfies, indeed exceeds, the original intention of the grant awarded to Canbedone Productions Limited. EDD continues to support the film production but that support has not included additional direct funding.

Reflecting the fact that the film will  be shot entirely on location in Jersey, the working title "Knights of Impossingworth" has been changed to "The Crystal Island". EDD was advised of and agreed to the change of title which, with a direct reference to "Island", will allow a stronger link to be made between the film and Jersey as the filming location.

In the Minister's response to the PAC report into the grant advanced to Canbedone Productions Limited the Minister indicated that, if no material progress had been made by 30th September 2013, steps would be taken to recover the grant. It is clear from all information available to the Department that material progress has been made.

9. DEPUTY G.C.L. BAUDAINS OF ST. CLEMENT OF THE CHIEF MINISTER REGARDING THE DISMISSAL OF A MINISTER ON A PROPOSITION LODGED BY THE CHIEF MINISTER:

Question

Would the Chief Minister advise whether he would consider resigning himself if the States refuses to dismiss a Minister on a proposition lodged by the Chief Minister?

Would the Chief Minister agree to publish his motives for seeking to remove the Minister for Planning and Environment should he decide ultimately not to pursue the matter and, if not, why not?

Answer

I would not consider resigning if the States Assembly were to vote against dismissing a Minister on a proposition lodged by me. I would not bring forward such a proposition without either majority or unanimous support from the Council of Ministers.

Ministers are appointed by the Assembly and hold office while they command the confidence of a majority of Members. The Council of Ministers neither appoints nor dismisses Ministers.

The Privileges and Procedures Committee's Machinery of Government Sub-Committee has recommended sensible improvements to the appointment and dismissal of Ministers, which I hope Members will support when they have the opportunity to do so next year.

The issue of confidence in the Minister for Planning and Environment is an important matter which needs to be handled properly. A process has begun which takes time and requires a number of meetings before it can be fully resolved. I will not be discussing the matter in public until it has been dealt with in the appropriate way.

10. DEPUTY M.R. HIGGINS OF ST. HELIER OF THE CHIEF MINISTER REGARDING ADULT AND CHILDREN'S SAFEGUARDING PANELS:

Question

Will the Chief Minister provide members with full details of the adult and children's safeguarding panels, including full details of–

1. the powers they possess
2. their membership
3. the procedures they have adopted
4. the Terms of Reference for the panels
5. the number of meetings held since their formation
6. the number of cases considered by each panel since formation
7. the procedure followed for deciding whether serious case reviews should be carried out
8. the procedures followed in carrying out serious case reviews
9. the policies in respect of conflicts of interest
10. the number of independent external reviews of the Departments which have been conducted?

Answer

1. the powers they possess

The Safeguarding Children Partnership Board, which replaced the Jersey Child Protection Committee, has been established in accordance with the UK statutory guidance Working Together to Safeguard Children 2013.

The Safeguarding Adults Partnership Board has been established to reflect UK best practice set out in  the  Care  Bill  2013 and  other  relevant  legislation,  ahead  of  development  of  UK  statutory guidance on Adults Safeguarding Boards.

The remit and powers of both Boards is clearly set out in a Memorandum of Understanding which will be placed before the Council of Ministers for endorsement before the end of 2013, at which point it will be presented to the States as a Report.

The  Memorandum  of  Understanding,  which  did  not  exist  under  the  Jersey  Child  Protection Committee, has been developed since the appointment of the new Independent Safeguarding Chair and the inception of the new structure of two Safeguarding Partnership Boards, one focusing on adults and one of children. The Memorandum of Understanding articulates how organisations will work together to safeguard children and adults, setting out roles, responsibilities and associated procedures.

2. their membership

Membership of the Safeguarding Children Partnership Board includes the Independent Chair and representatives from:

Membership of the Safeguarding Adults Partnership Board includes the Independent Chair and representatives from:

Members are senior managers with sufficient influence to advocate change within their own agency and the Safeguarding Boards; where they represent a group, their role is to act as a communication link between the Boards and the groups represented (e.g. Voluntary Sector representative)

3. the procedures they have adopted

As set out in (a) above the Safeguarding Partnership Boards are based on UK best practice. This includes the procedures to which those Boards adhere. These procedures are also set out within the Memorandum of Understanding.

4. the Terms of Reference for the panels

The two Safeguarding Partnership Boards have a structure of Sub-Groups, as opposed to panels. The Terms of Reference for each sub-group are under development but will be made public once finalised. Those sub-groups include:

Joint Sub Groups:

Core Business Group

Training Group Membership

Serious Case Review (Children + Adults) Children specific Sub Groups:

Performance, Procedures and Audit

CSE & Missing Children Task & Finish Group Adult specific Sub Groups:

Performance

Policy and Procedures

The sub-groups that had previously been established under the Jersey Child Protection Committee had their own Terms of Reference, but these are being updated to reflect the new structure of two Boards.

5. the number of meetings held since their formation

The Boards and each of the sub-groups meet 5 times per year except for the Core Business sub- group, which will meet approximately 10 times per year.

The role of the Core Business Group is to support the Independent Chair on matters relating to management of the Boards and to ensure the business plan is delivered.

6. the number of cases considered by each panel since formation

The number of cases considered for Serious Case Reviews (SCR) by the Safeguarding Partnership Boards SCR sub-groups since their formation is:

• 4 related to children
• 1 related to adult

Some, but not all of these, are being progressed into full SCRs and information relating to these will be made public at the appropriate point, in accordance with best practise and at the instigation of the Independent Chair.

In  addition,  consideration  was  given  to  another  SCR  related  to  an  adult  prior  to  the  formal establishment of the Adults SCR sub-group. In this instance the Independent Chair consulted with the relevant agencies prior to making the decision in accordance with best practice.

7. the procedure followed for deciding whether serious case reviews should be carried out

The decision to commission a SCR is that of the Independent Chair, who works in consultation with the SCR Sub-group members in determining that decision. In the event that the sub-groups are not formally established the Chair would consult the relevant agencies.

The criteria for conducting SCRs for children are identified in Working Together to Safeguard Children:

A serious case is one where abuse or neglect of a child is known or suspected; and either (i) the child has died; or (ii) the child has been seriously harmed and there is cause for concern as to the way in which the organisation or other relevant persons have worked together to safeguard the child.

The criteria for conducting SCRs for adults are those identified in the UK Care Bill 2013:

Safeguarding adult reviews should be arranged by the Safeguarding Adults Partnership Board when: i) there is reasonable cause for concern about how the SAPB, members or other person involved, worked together to safeguard the adult ii) the adult dies iii) an adult with needs for care and support was, or the SAPB suspects that the adult was, experiencing abuse or neglect.

When determining whether a SCR should be conducted it is imperative to consider the core purpose of SCRs; that purpose being to review the practice, knowledge, context and procedures at the time of the death/serious harm. The purpose of SCRs is to look at inter- agency practice to identify learning and to consider whether the death/serious harm could have been predicted and/or prevented.

An SCR is not:

• an inquiry into why people died or were harmed, these are matters for criminal processes, and/or the coroner; nor is it,
• a way to "investigate" incidents or events that people are dissatisfied with, this

should be via established complaints, whistleblowing, appeals or legal processes; nor is it,

• a way to seek to blame; apportioning blame creates defensiveness and prevents learning.

It is the responsibility of the Independent Chair to ensure that the SCR process is not misused and that, when determining whether an SCR should be conducted, it is done in accordance with the established criteria and overall purpose of the SCR process.

8. the procedures followed in carrying out serious case reviews

As set out in (g) the criteria for conducting SCRs is in accordance with Working Together to Safeguard  Children and  the  UK  Care  Bill.  The  principles  and  practices,  which  are  also  in accordance with that UK guidance, are outlined in the Memorandum of Understanding.

9. the policies in respect of conflicts of interest

SCRs are led by experienced, independent off-island consultants. Their role is to chair the process associated with the development of the SCR and to act as author for the SCR report.

Where consideration is being given as to whether a SCR is required or where a SCR has been commissioned, all agencies nominate individuals who have professional knowledge of the area but who are independent of the particular case under review.

10. the number of independent external reviews of the Departments which have been conducted?

One SCR has been completed by the Jersey Child Protection Committee.

In addition, a number of external reviews have been conducted, for example the "Williamson Review 2008", and the "Care Inspectorate Report 2011/2013" These independent reviews have been commissioned outside the structure of the safeguarding partnership boards.

11. DEPUTY  M.R. HIGGINS  OF  ST.  HELIER  OF  THE  MINISTER  FOR  HOME AFFAIRS REGARDING A DETAILED TIMELINE OF THE EVENTS ASSOCIATED WITH THE ARREST OF THE WOMAN KNOWN AS H.G:

Question

Will the Minister set out a detailed timeline showing from the time of the arrest of the woman known as H.G to the moment she appeared in court to face charges of harassment, the times anyone interacted with her, who those interactions were with and the times at which witness statements were taken, the charges were drawn up and read to her?

Answer

This timeline covers the period from the time of arrest to the time when H.G first appeared before a Magistrate. The timeline does not deal with routine interactions with the custody staff or other routine matters.

RECORD OF COMPLAINT, ARREST, DETENTION AND CHARGE OF H.G'

12. DEPUTY  R.G. LE  HÉRISSIER  OF ST.  SAVIOUR  OF  THE  MINISTER  FOR ECONOMIC  DEVELOPMENT REGARDING  THE  RECENT  LOSS  OF  A FULFILMENT COMPANY FROM THE ISLAND:

Question

Would the Minister advise whether one of the last remaining sizable fulfilment companies has left the Island and, if so, would he state the reasons why and whether States policies or that of its agencies played a role?

Answer

It is difficult to accurately respond to this question, without being aware of the identity of the company to which the Deputy is referring.

It is a matter of public knowledge that the two largest fulfilment companies historically based in Jersey have significantly scaled back their operations and in the case of one of them, closed down their fulfilment operations in the Island completely.

These changes to operations are as a direct consequence of the decision by the UK Government to reduce, and then subsequently remove, Low Value Consignment Relief for packages originating in the Channel Islands. As the Deputy will be aware, as Minister I vigorously challenged this decision at both UK Ministerial level and through the High Court in the UK highlighting at the time the combined economic & employment impacts that it would most likely have in Jersey.

In that context, it was not States policy that primarily influenced the commercial decisions made by the fulfilment companies involved and my Department, ably supported by the Attorney General and the Law Officers' Department, expended considerable time, effort and expense in an attempt to mitigate the likely effects of decisions taken elsewhere.

My Department continues to work closely with the remaining fulfilment companies in attempts to identify new market opportunities that will allow the sector to maintain – or even grow? – their continued presence in the Island.

13. THE CONNÉTABLE OF ST. JOHN OF THE MINISTER FOR ECONOMIC DEVELOPMENT REGARDING SUCCESSION PLANNING AT THE HARBOURS DEPARTMENT:

Question

Given that the recently appointed Harbour Master is 66 years old, what succession planning, if any, has been implemented for senior staff at Harbours during the 7 years that this area has been within the remit of Economic Development?

Answer

The resignation of the previous Harbour Master was an unexpected consequence of the integration of the harbours and airport in 2012. Although a succession plan was already in place, due to the compressed timeline, it was determined that the potential candidates were not yet ready at that time to assume the duty. Rather than catapult someone into the post before they were ready, an external candidate was recruited on a temporary contract to fill this gap with the express remit of developing the department to enable a solid succession plan. The current Harbour Master brings with him a wealth of maritime experience, most recently having been employed by the Port of London, has no aspirations for a long-term contract and the organisation has already benefitted from his presence. A number of improvements, which have been implemented as a result of his contribution, including the reconfiguration of the Elizabeth Terminal, are readily apparent.

A succession plan for the department as a whole has now been agreed and a number of suitably qualified internal candidates to take over as Harbour Master have been identified. We plan to make a selection in early summer 2014 with a view to completing a handover by the end of the year, when the current post holder's contract comes to its natural conclusion.

14. DEPUTY  J.H. YOUNG  OF  ST.  BRELADE  OF  THE CHIEF  MINISTER REGARDING HIS POLICY PRIORITIES FOR THE ENVIRONMENT:

Question

Will the Chief Minister inform the Assembly of his policy priorities for the environment and whether these policies enjoy the wholehearted support of the Council of Ministers?

Answer

The Chief Minister's policy priorities for the environment are set out in the Strategic Plan, which enjoys the complete support of the Council of Ministers.

The development of sustainable long-term planning is a key priority of the Plan and much work has already been undertaken, and continues to be undertaken, to provide a robust and comprehensive environmental policy framework for the Island.

Environmental policy priorities are also set by the requirements of the multi-lateral environmental commitments to which Jersey is a signatory, all of which are fully supported by the Council of Ministers.

A list of the Multi-lateral Environmental Agreements (MEAs) and relevant policies are included below.

1 Principal policies and legislation are listed here. It should be noted that other policies and strategies support these in an integrated policy framework.

Issues  such  as;  climate  change  adaptation  and  mitigation;  ensuring  secure,  affordable  and sustainable  energy;  protecting  habitats  and  biodiversity;  management  of  our  countryside  and coastline; protection of heritage assets; ensuring high quality air and water; ensuring the sustainable management of waste; and encouraging sustainable use of finite resources, present significant environmental challenges.

The policies identified in the table above - which include the 2011 Island Plan, the Air Quality Strategy, Biodiversity Strategy, and the draft Energy Plan - are all important environmental policy tools, which enjoy the support of the Council of Ministers.

The development of environmental policy cannot be undertaken in isolation and the Chief Minister, together with his Council of Ministers, is working to develop a long-term strategic policy framework which will set a balanced set of social, economic and environmental policy objectives for the Island for the next twenty years.

15. DEPUTY G.C.L. BAUDAINS OF ST. CLEMENT OF THE MINISTER FOR TRANSPORT AND TECHNICAL SERVICES REGARDING THE HANDLING OF COMBUSTIBLE WASTE AT THE ENERGY FROM WASTE PLANT:

Question

Further to the Minister's comprehensive reply to my question of 19th November 2013, regarding issues with the new incinerator, would he advise whether the Energy from Waste Plant is able to handle combustible waste regardless of moisture content and, if not, whether any pre-drying process was considered at the design stage and, if so, why it was not installed?

Answer

The Energy from Waste plant (EfW) is capable of processing a wide range of wastes. The plant can process wastes with an energy value between 7.5 MJ/kg and 14 MJ/kg. The lower energy value waste (7.5 MJ/kg) tends to have higher moisture content than the high energy value waste (14 MJ/kg).

When waste enters the bunker it can have a high or low energy value, for example, it can be a substance such as food waste that is very wet and difficult to burn or it can be other material which is dry and will burn well. This waste is mixed in the bunker to form a blended fuel which has a more consistent energy content and thus is easier to process.

When the waste is fed into the incinerator unit it gravitates down the feed chute onto the feed table. This feed table forms the first part of the drying zone. At this point the waste is exposed to the intense heat of the furnace and the moisture content of the waste is reduced. The waste then proceeds to the second zone where it is further dried by the combustion heat and by hot air which is forced up from beneath the grate. This is where the residual drying, gasification and beginning of primary combustion occurs.

The pre-drying process is an integral part of the incinerator design and the plant can handle wastes with variations in moisture content provided that they are appropriately blended in the bunker. This is a standard method of operation for moving grate energy from waste plants such as the La Collette EfW.

16. DEPUTY G.C.L. BAUDAINS OF ST. CLEMENT OF THE MINISTER FOR HEALTH AND SOCIAL SERVICES REGARDING THE EFFICACY OF TAMIFLU:

Question

Would the Minister outline her understanding of what Tamiflu achieves, what adverse reactions, if any, have been reported and why it is considered necessary to stock this drug?

Does the Minister believe that the benefits are extremely limited and, if so, does she consider this an appropriate use of taxpayers' money?"

Answer

Antiviral medicines (such as Tamiflu) can be used in two ways. They can be used as a treatment for someone with seasonal or pandemic influenza to reduce severity, complications and hospitalisation rates. This also has the coincident effect of reducing onward transmission of infection. Separately they can also be taken by well individuals to prevent acquisition of influenza when this is circulating in the community. For example, in a household where there is influenza, antivirals are a very effective way of protecting someone in the same household who would be clinically at risk of developing serious complications if they were to catch flu.

Tamiflu (Oseltamivir) has recognised side effects of nausea, diarrhoea and headache.

In 2010, the UK Commission on Human Medicines, a committee within the Medicines and Healthcare Regulatory Agency, conducted a review of all adverse reactions reported following use of over one million courses of Tamiflu during the 2009 H1N1 pandemic. The Commission concluded that the most commonly reported adverse reactions were consistent with the recognised side effects (of nausea, diarrhoea and headache) and that the balance of benefits and risks with this antiviral medicine remained in favour of its use.

Thus, Tamiflu continues to be routinely recommended by the National Institute for Health & Care Excellence (NICE) and by the UK Department of Health for both treatment of infected individuals and for prevention in well people when there is circulating influenza. It would also have a similar function in pandemics.

Jersey, like and many other countries including Guernsey, holds a stock of antiviral medicines for use, either in a severe winter flu season or in a pandemic. In a flu pandemic, without mitigation measures, infection levels would likely be widespread due to the absence of population immunity. This would threaten the ability of our small island to cope with the sick, as we have one hospital and one intensive care unit, and in a pandemic situation probably no options to transfer seriously ill patients elsewhere  because NHS  intensive care beds would be fully utilised. Holding a stock ensures our response can be as flexible and resilient as possible, particularly to protect those in clinical at-risk groups for whom influenza could prove fatal.

The benefits of holding antiviral stocks were very evident during the 2009 H1N1 pandemic, when its use demonstrably helped clinicians in Jersey, to sustain containment of the H1N1 virus, and save lives, until vaccine became available.

The people of Jersey have every right to expect us to take whatever steps we can to protect them and keep them safe.

The Council of Ministers has recently approved a Channel Islands Pandemic Influenza Preparedness Strategy, jointly produced by Jersey and Guernsey, the principles of which include maintaining a stock of antivirals.

The evidence from 2009 gives me great confidence that we have got that strategy right, that the benefits are proven and that maintaining appropriate stocks of antiviral vaccine is not only an appropriate, but essential use of our money.

17. DEPUTYM.R.HIGGINSOFST.HELIEROFTHEMINISTERFORHEALTHAND SOCIAL SERVICES REGARDING THE PROVISION OF TREATMENT FOR AUTISM, ASPERGER'S, ADHD AND OTHER SIMILAR CONDITIONS AND DISORDERS:

Question

Will the Minister provide members with full details of –

1. the numbers of children receiving treatment for autism, Asperger's, ADHD and other similar conditions and disorders;
2. the number and type of specialists in the Island dealing with these conditions;
3. the cost of this treatment in the Island;
4. the number of placements and cost of external residential places over the last five years; and
5. the cost and number of external consultations over the last five years?

Answer

1. the numbers of children receiving treatment for autism, Asperger's, ADHD and other similar conditions and disorders;

ASC

A range of Services offer treatment and support to children with a diagnosis of autistic spectrum conditions (ASC). These include:

• Child and Adolescent Mental Health Services (CAMHS). Currently 35 children with a diagnosis of ASC access this service.
• Speech and Language Therapy Service. Currently, 51 children with a diagnosis of ASC access this service.
• Occupational Therapy Service. Currently, 20 children with a diagnosis of ASC access this service.
• Intensive Behaviour Support Service. Currently, 14 children with a diagnosis of ASC access this service.
• Short Breaks (respite) Service. Currently, 14 children with a diagnosis of ASC access this service.
• Children's Complex Needs Social Work Service. Currently, 23 children with a diagnosis of ASC access this service.
• Paediatric Service. Currently, 20 children with a diagnosis of ASC access this service.

ADHD

CAMHS - currently 102 children and young people with ADHD access the service. A few children with ADHD and complex medical problems will be seen by the paediatricians.

Tourette Syndrome

CAMHS - currently 8 children and young people with Tourettes access the service.

Some children may have more than one diagnosis (e.g. ADHD and ASC) and will therefore be represented more than once for a service in these figures. These figures do not include children currently being assessed for a diagnosis. In addition, services meet the needs of a broader range of children with social communication and other neurodevelopmental difficulties that do not meet the criteria for a formal diagnosis but may present with significant complex needs .

2. the number and type of specialists in the Island dealing with these conditions; ASC

There is a virtual team for the assessment and diagnosis of ASC with membership including a Paediatrician,  a  Child  and  Adolescent  Psychiatrist,  a  Speech  and  Language  Therapist,  an Occupational Therapist, a Clinical Psychologist and Educational Psychologists. Team members spend around a day per week on the work of this team. These professionals also offer specialist interventions for children with a formal diagnosis. In addition, Social Workers, Family Support Workers, Behavioural Advisors and CAMHS staff (Nurses, SW, psychologists and doctors) have specialist knowledge and provide support to children with a diagnosis of ASC and their families. Because of the Jersey's small population, these professionals are also required to meet the needs of the wider population referred to the services.

The Short Breaks (respite) Service has a team specialised in working with children and young people with autism consisting of 12 FTE residential child care officers.

ADHD

An ADHD clinic is held by CAMHS, run by  a consultant Child and Adolescent Psychiatrist (approximately 2 sessions) and 2 nurses (1 WTE). The vast majority of children and young people in Jersey with this condition are seen in the ADHD clinic although a few are treated by other consultants in CAMHS or paediatrics.

3. The cost of this treatment in the Island;

The overall cost of the Children's service as set out in the Medium Term Financial Plan is £15.5m in 2013. This includes the range of services described above that are accessed by children with a diagnosis of ASC and their families. Given the wide range of professional input, and the significant variability in treatment needs for each individual, it is not meaningful to identify the costs for ASC services separately.

In addition it is likely that many of the children with a diagnosis of ASC will be accessing therapy services such as psychology, speech and language therapy, positive behaviour support therapy and occupational therapy. These services are set up to provide services to all ages of islanders and the costs for a specific group of children cannot be readily identified. In total the cost of Therapy services as set out in the MTFP is £7.3m.

Investment  in CAMHS  and Psychological services to  support children and  young people  has increased significantly over the past 5 years, from £1,856,000 in 2009 to £2,230,400 in 2013.

4. the number of placements and cost of external residential places over the last five years;

In the last five years there have been five children who have accessed an off-island residential placement to meet the needs arising from a diagnosis of ASC or a similar condition. The costs are summarised below:

The number and cost of off-island placements is set out in the table below:

These costs are included in the total cost for Children's services set out in (c) above.

5. the cost and number of external consultations over the last five years?

The Health and Social Services Department commissions an external Consultant from the National Autistic Society to provide support and develop strategy for services to both adult and children with autistic spectrum conditions.

The cost and number of external clinical consultations is set out in the table below: 2009 2010 2011 2012 2013

Total number 1 1 2

Total  Annual

17,538 10,000 10,368 Cost

These costs are included in the total cost for Children's services set out in (c) above.

3. Oral Questions

1. Senator A. Breckon of the Minister for Treasury and Resources regarding the transfer of Ann Court to a Housing Trust:

Would the Minister advise whether Ann Court has been transferred from the Housing Department to Property Holdings and then on to the Housing Trust and, if so, who made this decision, when was this made and why?