States Meeting Transcript - 21st January 2014

STATES OF JERSEY OFFICIAL REPORT TUESDAY, 21st JANUARY 2014

COMMUNICATIONS BY THE PRESIDING OFFICER ......................................8

1. The Deputy Bailiff :......................................................................8

APPOINTMENT OF MINISTERS, COMMITTEES AND PANELS..........................8

2. Nomination of the Deputy of St. Mary as a member of the Environment Scrutiny Panel ......................................................................................8

2.1 Deputy J.H. Young of St. Brelade:.......................................................8

QUESTIONS......................................................................................8

3. Written Questions........................................................................8

1. THE CONNÉTABLE OF ST. JOHN OF THE CHIEF MINISTER REGARDING THE COMPLETION OF MANPOWER RETURNS:..................................8

2. DEPUTY G.C.L. BAUDAINS OF ST. CLEMENT OF THE CHIEF MINISTER REGARDING LEGAL CHALLENGES TO THE BLACKLISTING OF JERSEY BY FRANCE:.................................................................................9
3. DEPUTY G.C.L. BAUDAINS OF ST. CLEMENT OF THE MINISTER FOR TRANSPORT AND TECHNICAL SERVICES REGARDING THE REGISTRATION OF A USED VEHICLE: .............................................9
4. DEPUTY G.P. SOUTHERN OF ST. HELIER OF THE MINISTER FOR SOCIAL SECURITY REGARDING THE DIFFERENCES BETWEEN EMPLOYMENT LEGISLATION IN JERSEY AND GUERNSEY:......................................10
5. DEPUTY G.P. SOUTHERN OF ST. HELIER OF THE MINISTER FOR SOCIAL SECURITY REGARDING AN INVESTIGATION INTO THE CIRCUMVENTION OF THE CONTRACTUAL REQUIREMENTS UNDER EMPLOYMENT LEGISLATION BY LOCAL EMPLOYERS:..........................................11

6. DEPUTY G.P. SOUTHERN OF ST. HELIER OF THE MINISTER FOR ECONOMIC DEVELOPMENT REGARDING P.P.I. POLICIES:...................12
7. DEPUTY G.P. SOUTHERN OF ST. HELIER OF THE CHIEF MINISTER REGARDING ZERO-HOUR CONTRACTS: .........................................12
8. DEPUTY G.C.L. BAUDAINS OF ST. CLEMENT OF THE MINISTER FOR HEALTH AND SOCIAL SERVICES REGARDING TAMIFLU INJECTIONS:....16
9. DEPUTY G.C.L. BAUDAINS OF ST. CLEMENT OF THE MINISTER FOR TRANSPORT AND TECHNICAL SERVICES REGARDING CONTINUING DISRUPTION TO TRAFFIC EAST OF ST. HELIER:................................16

10. DEPUTY T.A. VALLOIS OF ST. SAVIOUR OF THE MINISTER FOR SOCIAL SECURITY REGARDING FAIR RENT LEVELS FOR INCOME SUPPORT RECPIENTS:............................................................................18

11. DEPUTY T.A. VALLOIS OF ST. SAVIOUR OF THE MINISTER FOR HOUSING REGARDING A SURVEY OF HOUSING STOCK:..................................18

12. DEPUTY T.A. VALLOIS OF ST. SAVIOUR OF THE CHIEF MINISTER REGARDING THE CHILDREN'S POLICY GROUP: ...............................19

13. SENATOR S.C. FERGUSON OF THE MINISTER FOR TREASURY AND RESOURCES REGARDING DETAILS OF ALL FINANCIAL ARRANGEMENTS ENTERED INTO BY THE STATES:..................................................19

14. THE DEPUTY OF ST. MARTIN OF THE MINISTER FOR PLANNING AND ENVIRONMENT REGARDING MEETINGS WITH DEVELOPERS SINCE AUGUST 2013:..........................................................................28

15. DEPUTY G.P. SOUTHERN OF ST. HELIER OF THE MINISTER FOR SOCIAL SECURITY REGARDING ENTITLEMENT TO THE INCOME SUPPORT IMPAIRMENT COMPONENT:........................................................30

16. DEPUTY J.H. YOUNG OF ST. BRELADE OF THE CHIEF MINISTER REGARDING A MEETING WITH THE MINISTER FOR PLANNING AND ENVIRONMENT IN RELATION TO THE CHANNEL ISLANDS CO-OP's PLANNING APPLICATION FOR CHARING CROSS: ..............................31

17. DEPUTY J.H. YOUNG OF ST. BRELADE OF THE MINISTER FOR PLANNING AND ENVIRONMENT REGARDING PLANNING ENFORCEMENT MATTERS: 32

18. DEPUTY M.R. HIGGINS OF ST. HELIER OF THE CHIEF MINISTER REGARDING THE NUMBER OF COMPLAINTS ABOUT THE FAILURE OF THE STATES OF JERSEY POLICE TO ANSWER SUBJECT ACCESS REQUESTS:.............................................................................34

19. DEPUTY M.R. HIGGINS OF ST. HELIER OF THE MINISTER FOR HOME AFFAIRS REGARDING BREACHES OF THE DATA PROTECTION (JERSEY) LAW 2005 OVER THE LAST 5 YEARS BY OFFICERS AND CIVILIAN STAFF:35

20. DEPUTY M.R. HIGGINS OF ST. HELIER OF THE CHIEF MINISTER REGARDING THE NUMBER OF APPLICATIONS FOR REGISTRATION CARDS UNDER THE NEW CONTROL OF HOUSING AND WORK LEGISLATION: ........................................................................36

21. DEPUTY M.R. HIGGINS OF ST. HELIER OF H.M. ATTORNEY GENERAL REGARDING THE DIFFERENCE BETWEEN REGULATORY AND CRIMINAL BREACHES OF THE DATA PROTECTION (JERSEY) LAW 2005:................39

22. DEPUTY M.R. HIGGINS OF ST. HELIER OF THE MINISTER FOR SOCIAL SECURITY REGARDING THE ASSISTANCE AVAILABLE TO CARERS AND FAMILIES OF CHILDREN WITH MEDICAL CONDITIONS:.....................40

4. Oral Questions...........................................................................41

1. Connétable A.S. Crowcroft of St. Helier of the Minister for Economic Development regarding the feasibility of developing a deep water terminal to allow cruise ships to visit Jersey: ..................................................................................41

Senator A.J.H. Maclean (The Minister for Economic Development):.........................41

1. The Connétable of St. Helier............................................................41
2. Senator S.C. Ferguson:.................................................................42
3. Deputy G.C.L. Baudains of St. Clement : ...............................................42
4. Deputy R.G. Le Hérissier of St. Saviour:...............................................42
5. Connétable P.J. Rondel of St. John : ....................................................43
6. Deputy S.G. Luce of St. Martin : ........................................................43
7. The Connétable of St. Helier:...........................................................43

2. Deputy J.H. Young of the Minister for Health and Social Services regarding the waiting times for G.P. patient referrals to hospital consultants:..................................43 Deputy A.E. Pryke of Trinity (The Minister for Health and Social Services):.................44

1. Deputy J.H. Young:....................................................................44
2. Deputy M. Tadier of St. Brelade:.......................................................44
3. Deputy M. Tadier :......................................................................45
4. Deputy G.P. Southern of St. Helier:....................................................45
5. Deputy G.P. Southern :..................................................................45
6. Senator S.C. Ferguson:.................................................................45
7. Senator S.C. Ferguson:.................................................................45
8. Deputy J.A. Hilton of St. Helier:........................................................46
9. Deputy J.H. Young:....................................................................46

3. Deputy M.R. Higgins of St. Helier of the Minister for Home Affairs regarding the police investigation of Operation Vessel':....................................................46 Senator B.I. Le Marquand (The Minister for Home Affairs): .................................46

1. Deputy M.R.Higgins...................................................................46
2. Deputy R.G. Le Hérissier: ..............................................................47
3. Deputy M. Tadier :......................................................................47
4. Deputy M. Tadier :......................................................................48
5. Deputy J.A. Hilton:.....................................................................48
6. Deputy M.R.Higgins:..................................................................49
7. Deputy M.R.Higgins:..................................................................49

4. The Connétable of St. John of the Chief Minister regarding Jersey's relationship with the European Union:........................................................................49 Senator I.J. Gorst (The Chief Minister):......................................................49

1. The Connétable of St. John:............................................................50
2. Deputy M.R.Higgins:..................................................................50
3. Deputy M.R.Higgins:..................................................................50
4. Deputy M.R.Higgins:..................................................................51
5. Deputy T.A. Vallois of St. Saviour:....................................................51
6. The Connétable of St. John:............................................................51
7. The Connétable of St. John:............................................................51

5. Deputy G.P. Southern of Minister for Social Services regarding his response to a Complaints Board finding published on 18th December 2013:..........................52 Senator F. du H. Le Gresley (The Minister for Social Services):..............................52

1. Deputy G.P. Southern :..................................................................52
2. Deputy G.P. Southern :..................................................................52
3. Deputy J.H. Young:....................................................................53
4. Deputy J.H. Young:....................................................................53
5. Deputy G.P. Southern :..................................................................53
   6. Deputy G.C.L. Baudains of the Chief Minister regarding discussions with Israeli politicians:..............................................................................54

Senator I.J. Gorst (The Chief Minister):......................................................54

1. Deputy G.C.L. Baudains:...............................................................54
2. Deputy M. Tadier :......................................................................54
3. Deputy M. Tadier :......................................................................54

4. Senator S.C. Ferguson:.................................................................55

7. Senator S.C. Ferguson of the Chief Minister regarding the revalidation and update of the Trowers and Hamlins' report on the Esplanade development:..........................55 Senator I.J. Gorst (The Chief Minister):......................................................55

1. Senator S.C. Ferguson:.................................................................56
2. Deputy J.G. Reed of St. Ouen:..........................................................56
3. The Deputy of St. Ouen:................................................................56
4. Deputy R.G. Le Hérissier: ..............................................................56
5. Deputy J.A.N. Le Fondré of St. Lawrence : .............................................56
6. Deputy J.H. Young:....................................................................57
7. The Connétable of St. John:............................................................57
8. Senator S.C. Ferguson:.................................................................57

8. Deputy J.A. Hilton of the Minister for Health and Social Services regarding regulation of employees working in the care industry:................................................58 The Deputy of Trinity (The Minister for Health and Social Services):........................58

1. Deputy J.A. Hilton:.....................................................................58
2. Senator A. Breckon: ....................................................................59
3. Deputy R.G. Le Hérissier: ..............................................................59
4. The Deputy of St. Ouen:................................................................59
5. Senator A. Breckon: ....................................................................60
6. Deputy M. Tadier :......................................................................60
7. Deputy M. Tadier :......................................................................60
8. Deputy J.A. Hilton:.....................................................................60
   9. Deputy J.A.N. Le Fondré of the Minister for Treasury and Resources regarding the provision of public support for projects competing against private sector schemes as part ofthe Esplanade development: .........................................................61 Senator P.F.C. Ozouf (The Minister for Treasury and Resources):............................61

1. Deputy J.A.N. Le Fondré:..............................................................61
2. The Connétable of St. John:............................................................62
3. Deputy R.G. Le Hérissier: ..............................................................62
4. Deputy J.A.N. Le Fondré:..............................................................63
5. Senator S.C. Ferguson:.................................................................63
6. Deputy J.A.N. Le Fondré:..............................................................64

10. Deputy G.P. Southern of the Minister for Economic Development regarding the abilityof local residents to pursue potential claims in respect of locally mis-sold Payment Protection Insurance:...................................................................65 Senator A.J.H. Maclean (The Minister for Economic Development):.........................65

1. Deputy G.P. Southern : ..............................................................65
2. Senator S.C. Ferguson:..............................................................65
3. Senator A. Breckon:.................................................................66
4. Deputy G.P. Southern : ..............................................................66
5. Deputy G.P. Southern : ..............................................................66

11. Deputy M.R. Higgins of the Minister for Health and Social Services regarding lessons learnt by the Children and Adult Mental Health Services following the handling of recent issues such as Haut de la Garenne and Family X:.......................................66

Deputy J.A. Martin of St. Helier (Assistant Minister for Health and Social Services -

rapporteur):.............................................................................66

1. Deputy M.R.Higgins:...............................................................67
2. Deputy M.R.Higgins:...............................................................67

12. Deputy J.A.N. Le Fondré of the Minister for Treasury and Resources regarding the repayment of public monies advanced in relation to the creation of underground parking in the Esplanade Quarter:...............................................................68 Senator P.F.C. Ozouf (The Minister for Treasury and Resources):............................68

1. Deputy J.A.N. Le Fondré: ...........................................................68
2. Deputy J.H. Young: .................................................................69
3. The Connétable of St. Helier:........................................................69
4. Deputy J.A.N. Le Fondré: ...........................................................70

13. The Connétable of St. Helier of the Minister for Transport and Technical Services regarding strategies agreed as part of the Sustainable Transport Plan in 2010: ..........70 Deputy J.A.N. Le Fondré (Assistant Minister for Transport and Technical Services - rapporteur):.............................................................................71

1. The Connétable of St. Helier:........................................................71
2. Deputy M. Tadier :...................................................................71
3. Deputy J.A. Hilton:..................................................................71
4. Deputy T.A. Vallois:................................................................72
5. The Connétable of St. Helier:........................................................72

14. Senator S.C. Ferguson of the Minister for Treasury and Resources regarding a new lease for the go-kart club in St. John:.........................................................72 Deputy E.J. Noel of St. Lawrence (Assistant Minister for Treasury and Resources - rapporteur):.............................................................................73

1. Senator S.C. Ferguson:..............................................................73
2. Deputy M. Tadier :...................................................................73
3. Deputy M. Tadier :...................................................................74

LUNCHEON ADJOURNMENT PROPOSED..................................................74 LUNCHEON ADJOURNMENT................................................................74

5. Urgent Oral Questions..................................................................74

5.1 Deputy J.P.G. Baker of St. Helier of the Chief Minister regarding the withdrawal of P.2/2014 and his contentment with such a Minister working within the Council of Ministers: ..............................................................................74 Senator I.J. Gorst (The Chief Minister):......................................................74

1. Deputy J.P.G. Baker:...................................................................75
2. The Connétable of St. John:............................................................75
3. The Deputy of St. Martin:..............................................................75
4. The Connétable of St. John:............................................................75
5. The Connétable of St. John:............................................................76
6. Deputy J.A. Hilton:.....................................................................76
7. Deputy J.A. Hilton:.....................................................................76
8. Deputy M. Tadier :......................................................................77
9. Deputy M. Tadier :......................................................................77
10. Deputy M.R.Higgins:...............................................................77
11. Deputy M.R.Higgins:...............................................................77
12. The Deputy of St. Ouen:.............................................................78
13. Connétable J.M. Refault of St. Peter:................................................78

14. The Connétable of St. Peter:.........................................................79
15. Deputy J.P.G. Baker:................................................................79

6. Questions to Ministers Without Notice - The Minister for External Relations ........79

1. Deputy S. Power of St. Brelade : ........................................................79 Senator P.M. Bailhache (The Minister for External Relations):...............................79
2. Deputy M. Tadier :......................................................................79
3. Senator S.C. Ferguson:.................................................................80
4. Deputy R.G. Le Hérissier: ..............................................................80
5. Deputy M.R.Higgins:..................................................................80

6.5.1 Deputy M.R. Higgins:..................................................................81

6. Deputy M. Tadier :......................................................................81
7. Deputy R.G. Le Hérissier: ..............................................................81
8. The Connétable of St. John:............................................................82

7. Questions to Ministers Without Notice - The Chief Minister..........................82

1. Deputy R.G. Le Hérissier: ..............................................................83 Senator I.J. Gorst (The Chief Minister):......................................................83
2. The Connétable of St. John:............................................................83
3. Deputy J.A. Hilton:.....................................................................83
4. Deputy M. Tadier :......................................................................83

7.4.1 Deputy M. Tadier :......................................................................84

5. Senator S.C. Ferguson:.................................................................84
   6. The Deputy of St. Ouen:................................................................84
   7. The Deputy of St. Ouen:................................................................85
   8. Connétable M.J. Paddock of St. Ouen:..................................................85
   9. Deputy M.R.Higgins:..................................................................86

7.9.1 Deputy M.R. Higgins:..................................................................86

10. Deputy J.A. Martin:....................................................................86
11. The Connétable of St. John:............................................................87

STATEMENTS ON A MATTER OF OFFICIAL RESPONSIBILITY........................87

8. The Minister for Social Security - statement regarding amendments to the income support system in respect of the medium-term financial plan savings target..........87

8.1 Senator F. du H. Le Gresley (The Minister for Social Security): ........................87

1. Deputy G.P. Southern :..................................................................88
2. Deputy G.P. Southern :..................................................................88
3. Deputy J.A. Hilton:.....................................................................89
4. Deputy R.G. Le Hérissier: ..............................................................89
5. Deputy J.A. Martin:....................................................................89
6. Deputy J.A. Martin:....................................................................90
7. Connétable D.W. Mezbourian of St. Lawrence:........................................90
8. Deputy M. Tadier :......................................................................90

PUBLIC BUSINESS.............................................................................91

9. Composition and election of the States Assembly: reform – proposal 1 (P.93/2013)..91

1. Senator P.F.C. Ozouf (The Minister for Treasury and Resources):......................91

2. Composition and election of the States Assembly: reform - proposal 1 (P.93/2013) - third amendment (P.93/2013 Amd.(3))..................................................96

1. Deputy J.A.N. Le Fondré:..............................................................96
2. The Connétable of St. Helier:...........................................................98
3. Deputy J.M. Le Bailly of St. Mary:.....................................................99

4. Deputy M. Tadier :......................................................................99
5. Senator P.F.C. Ozouf :.................................................................100
6. Senator P.M. Bailhache : ..............................................................100
7. Deputy G.P. Southern :................................................................101
8. Deputy J.A.N. Le Fondré:.............................................................101

3. Composition and election of the States Assembly: reform - proposal 1 (P.93/2013) - amendment (P.93/2013 Amd.)..........................................................104

9.3.1 Senator L.J. Farnham :.................................................................105

4. Composition and election of the States Assembly: reform - proposal 1 (P.93/2013) - amendment (P.93/2013 Amd.) - amendment (P.93/2013 Amd.Amd.) ................106

1. Deputy E.J. Noel: .....................................................................107
2. Senator P.F.C. Ozouf :.................................................................107
3. Deputy M. Tadier :....................................................................109
4. Senator S.C. Ferguson:................................................................110

5. Deputy J.A. Martin:...................................................................110
6. The Deputy of St. Mary:..............................................................112
7. Deputy G.P. Southern :................................................................112
8. Deputy E.J. Noel: .....................................................................113

5. Composition and election of the States Assembly: reform - proposal 1 (P.93/2013) - amendment (P.93/2013 Amd.) - resumption...........................................115

1. Senator P.F. Routier: ..................................................................115
2. The Deputy of St. Mary:..............................................................115
3. Deputy M. Tadier :....................................................................115
4. Senator P.F.C. Ozouf :.................................................................116

ADJOURNMENT..............................................................................119

[10:30]

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

1. The Deputy Bailiff :

I would like to welcome Members back for the beginning of the New Year and as you will have seen from the public gallery, it is a very popular place to be this morning. Year 8 of the Jersey College for Girls has descended upon on us or ascended upon us, as the case may be, and there will be a further group this afternoon. So welcome to them. [Approbation] That was to say it was good to see you.

APPOINTMENT OF MINISTERS, COMMITTEES AND PANELS

2. Nomination of the Deputy of St. Mary as a member of the Environment Scrutiny Panel The Deputy Bailiff :

I note the nomination of the Deputy of St. Mary as a member of the Environment Scrutiny Panel.

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

May I rise today to have great pleasure in asking the Assembly to approve the nomination of the Deputy of St. Mary to join the Environment Scrutiny Panel. At the moment we are 3 members: myself, the Deputy of St. Martin and the Constable of St. John. Our workload is such that we would certainly benefit from the additional member and we are delighted to welcome, if the House approves, the Deputy of St. Mary to our team. Of course it will bring the number of our panel to 4 members.

The Deputy Bailiff :

Are there any other nominations? Very well, I declare that the Deputy of St. Mary has been appointed as a member of the Environment Scrutiny Panel. [Approbation]

QUESTIONS

3. Written Questions

1. THECONNÉTABLEOFST.JOHNOF THE CHIEF MINISTER REGARDING THE COMPLETION OF MANPOWER RETURNS:

Question

Would the Chief Minister confirm that manpower returns must now only be completed in an electronic format and, if so, can members be told whether the Population Office consulted industry/employers and for how long a period before this decision was made? If no consultation took place will this now be addressed?

What, if any, alternative arrangements are available for companies or employers who do not use or have electronic systems?

Are companies still able to use hard copy in the interim and, if not, why not? Answer

The manpower return process has moved online. However, the Population Office will help businesses without internet access to complete their returns.

There was no advance consultation on this change, as it was thought reasonable to move online so long as businesses without internet access were supported.

Moving to an online system will save businesses and government from having to re-input data every six months, as data from each return is maintained and only needs to be updated, where necessary, every six months.

The new process also improves our ability to identify non-compliance, as it requires details on every employee.

We will continue to improve the online process, while providing an alternative for those businesses that need it.

2. DEPUTY G.C.L. BAUDAINS OF ST. CLEMENT OF THE CHIEF MINISTER REGARDING LEGAL CHALLENGES TO THE BLACKLISTING OF JERSEY BY FRANCE:

Question

Did the Minister intend to challenge the French government had the blacklisting sanctions been applied from 1st January 2014 and, if so, would he advise from which budget such action was to be funded and under what authority?

Would he further advise what contingency existed should any legal action have run into millions of pounds?

Answer

There was no determination made to pursue a legal challenge, given our confidence that the action taken to meet the concerns of the French government would be sufficient to demonstrate that Jersey is a cooperative jurisdiction, rendering the application of the proposed sanctions unjustified.

3. DEPUTY G.C.L. BAUDAINS OF ST. CLEMENT OF THE MINISTER FOR TRANSPORT AND TECHNICAL SERVICES REGARDING THE REGISTRATION OF A USED VEHICLE:

Question

Does a Jersey driving licence have to be produced to the Driver and Vehicle Standards Department when registering a used vehicle and, if not, how does the Minister justify maintaining Article 5(b)(iv) of the Motor Vehicle Registration (General Provisions) (Jersey) Order 1993, which requires a person seeking to register a new or imported vehicle to do so?

Answer

Verifying that the person registering a vehicle in Jersey for the first time is who they say they are, the address the vehicle is registered to is a legitimate address, insurance is in place and all due taxes are charged/paid by the appropriate person to the relevant authority, is all part of the registration process. In addition to the requirements set out in our legislation, there is an obligation on Jersey to meet the requirements set out in international treaties so that Jersey vehicles and drivers can circulate in Europe. It is also the case that at the outset, the enforcement authorities can be confident the vehicle owner can be identified and the vehicle is insured for use on our roads.

The vast majority of registrations are made by licence holders and the most straightforward document that can confirm a person's identity in the registration process is the driving licence, which provides a picture of the person, his/her date of birth and a sample of his/her signature. Prior to introduction of the photocard licence in 2007, the person's address was also on the driving licence. In the new driving licence system, while the address is not on the licence, it is held in the computerised driving licence system and so it is reasonably straightforward for staff at DVS to confirm the person's address.

Should it be the case that a local resident does not or cannot drive and so does not hold a driving licence but wishes to buy a vehicle for his/her use in Jersey, other evidence of identity and residence such as a the person's passport, which contains photograph and signature, and a utility bill, providing confirmation of address, would be accepted.

Once a vehicle is registered, there are requirements set out in the legislation should the owner change name or address, transfer or otherwise dispose of the vehicle. To date, we rely on owners to comply with the law. There is evidence that some owners do not comply with their obligations but with around 40,000 transfers and other registration transactions taking place each year, it is not feasible with the current resources to validate each transaction. By linking the registration and driving licence computer systems, it would be possible for suspect transactions to be highlighted and addressed. This is already being done in Guernsey, the UK and elsewhere in Europe, Jersey plans to do the same within the next system upgrade.

4. DEPUTY G.P. SOUTHERN OF ST. HELIER OF THE MINISTER FOR SOCIAL SECURITY REGARDING THE DIFFERENCES BETWEEN EMPLOYMENT LEGISLATION IN JERSEY AND GUERNSEY:

Question

Will the Minister explain what the differences are between the Guernsey and Jersey Employment Laws to which he referred in his response on 2nd December 2013 concerning the use of zero hours contracts in the two islands, and why he considers moving to the Guernsey model would be "going backwards not forwards" and, in doing so, could he indicate whether he has now taken advice from H.M. Attorney General to confirm that his information on the differences between Jersey and Guernsey legislation is correct?

Answer

Deputy Southern asks the Minister to explain the differences between the employment legislation in Jersey and Guernsey concerning the use of zero hour contracts. Having consulted colleagues in Guernsey, the Minister is satisfied that the Island's employment laws are the same in this respect. As in the UK, the employment legislation does not define or restrict the use of zero hour contracts. Guernsey's employment legislation was raised in a supplementary question on 2 December 2013 when Senator Ferguson commented that "Guernsey has virtually no zero-hours contracts, whatever the industry, and it appears to be a difference in the way the employment law is formulated."

The difference  that Senator  Fergusson was  referring  to  relates to the Employment  Protection (Guernsey) Law 1998, as amended. It provides that, where a person is employed under a fixed term contract of one year or more, they can be required by their employer to contract out' of the right to claim unfair dismissal. This means that where an employee is dismissed on the expiry of their fixed term contract, they do not have the right to claim unfair dismissal.

The UK previously had an equivalent provision to Guernsey, in which an employee could be required to contract out' of their right to claim unfair dismissal and statutory redundancy pay. This was removed in 2002 as a result of the Fixed Term Employees (Prevention Of Less Favourable Treatment) Regulations 2002, which had been prompted by an EU Directive. Guernsey's 1998 law pre-dates the change in the UK. Jersey's Employment (Jersey) Law 2003, however, was introduced after the change in the UK and so did not include such a provision. This is the Minister's reason for believing that such a change to Jersey's legislation would be "going backwards not forwards".

Whilst the EU Directive does not apply to Jersey, the resurrection of a 12 year old loophole is unlikely to be internationally acceptable. The practical result would most likely be an increase in the use (and possibly misuse) of fixed-term contracts of one year or more, rather than providing a solution to concerns about the misuse of zero hour contracts.

The Minister is not aware of any figures to demonstrate the extent of the use of zero hour contracts in Guernsey. Guernsey colleagues advise that zero hour contracts do exist, but no issues have been formally raised with the Commerce and Employment Department, as yet, in regard to the inappropriate use of such contracts in Guernsey.

The Minister has not requested the Advice of the Attorney General and does not intend to consider introducing an equivalent provision relating to fixed-term contracts into the Employment (Jersey) Law 2003.

5. DEPUTY G.P. SOUTHERN OF ST. HELIER OF THE MINISTER FOR SOCIAL SECURITY REGARDING AN INVESTIGATION INTO THE CIRCUMVENTION OF THE CONTRACTUAL REQUIREMENTS UNDER EMPLOYMENT LEGISLATION BY LOCAL EMPLOYERS:

Question

Will the Minister inform members what action, if any, he has taken to investigate, through his compliance officers or otherwise, the alleged use of employment agency workers by RBS to avoid the issue of proper accurate employment contracts to permanent full-time staff, as required by the Employment Law and if none, will he explain why he has neglected or refused to take such action and indicate whether the Jersey Advisory and Conciliation Service or the Employment Tribunal have greater powers than he has in this connection with reference to Third Party complaints?

Answer

If the Social Security Department receives a complaint about the employment practices of a particular business, officers will consider whether to undertake an inspection. The Minister cannot report to the States Assembly as to whether any particular business has been inspected.

If any States Member has specific evidence upon which they wish to make a complaint, the Minister would encourage them to either contact the Department, or encourage the employee(s) in question to contact the Jersey Advisory and Conciliation Service (JACS).

It would be inappropriate for the Jersey Employment Tribunal or JACS to be given inspection and enforcement powers in respect of third party complaints.

6. DEPUTY G.P. SOUTHERN OF ST. HELIER OF THE MINISTER FOR ECONOMIC DEVELOPMENT REGARDING P.P.I. POLICIES:

Question

What progress, if any, has the Minister made, in the absence of a financial ombudsman, in persuading locally based financial service providers, whether subsidiaries or branches of UK institutions, to agree to accept claims locally for the mis-selling of Payment Protection Insurance (PPI) policies, and if none, what steps will he take to ensure the establishment of a mechanism by which such claims can be pursued?

Is the Minister aware of any successful claims having been pursued locally and, if so, is he in a position to release details?

Answer

The Financial Services Ombudsman (Jersey) Law 201- will be lodged later this week. The introduction of the Ombudsman is, outside of the Royal Court, the most effective means of redress for an individual who remains dissatisfied at the response to a complaint from their financial services provider.

I am aware of a small number of successful claims against local providers of financial services. I am unable to release details of specific cases. I am not aware there is a widespread problem as far as unresolved PPI claims are concerned but those individuals who remain unhappy will  have recourse to the Ombudsman if adopted by the States Assembly in due course.

7. DEPUTY G.P. SOUTHERN OF ST. HELIER OF THE CHIEF MINISTER REGARDING ZERO-HOUR CONTRACTS:

Question

Notwithstanding the commitment of the Minister for Social Security to investigate the extent of use and abuse of zero-hours contracts by the island's employers and to report back to the States by the end of 2014, will the Chief Minister update the figures given to members in his response to question 6833 of May 2012 which showed some 1157 States employees on zero-hours contracts compared with 283 on fixed-term temporary contracts?

Can he confirm that the recently modernised and harmonised States employment policies resulting from extensive consultation do not apply to those on zero-hours contracts?

Will he further state for each category of employee given in answers to questions 6901 and 6902 by the Education, Sport and Culture and Health and Social Services Departments respectively, what number of these contracts actually applied to employees who worked regular full-time or part-time hours and/or were long-term employees for whom permanent, or fixed-term or minimum-hours contracts would be more appropriate?

In particular will he update members with progress on the promised review of the Highlands College lecturer contracts and explain the use of zero-hours contracts for classroom assistants and in catering for overtime for nurses and auxiliaries in the hospital?

Answer

1 - Updated figures as at 31/12/2013 on those originally given to members in response to question 6833 are given below:-

Fixed Term Contracts

At the end of December 2013 there was a total of 361 employees holding one or more fixed term contracts of employment within the States of Jersey. This represents an increase of 78 fixed term contract employees since March 2012.

Departments 31.03.2012 31.12.2013 Chief Minister's Department  18 27 Department of the Environment 1 9 Economic Development 1 1 Education, Sport & Culture 120 117 Health & Social Services 98 138 Home Affairs 7 8 Housing 3 0 Jersey Airport 4 4 Jersey Car Parks 2 1 Jersey Fleet Management 0 4 Jersey Harbours 3 3 Non Ministerial States Funded 12 8 Social Security 2 5 States Assembly 0 1 Transport and Technical Services 5 26 Treasury and Resources 7 9 Total 283 361

Zero Hour Agreements

At the end of December 2013 a total of 1452 employees held zero hour agreements to work on an ad-hoc basis in a range of roles. (This does not include those employees who also held permanent or fixed term contracts). In March 2012 the Education Sport and Culture Department employed 582 zero hour workers and the Health and Social Services Department employed 545 zero hour workers.

The number of zero hour agreements in these departments has increased. However it should be noted that the nature of this work means that some zero hour workers work infrequently or very few hours, making comparisons between different periods difficult.

Departments 31.12.13 Chief Minister's Department- 2 Department of the Environment 2 Economic Development 1 Education, Sport & Culture 788 Health & Social Services 590 Home Affairs 32 Jersey Airport 24 Non Ministerial States Funded 9 Social Security 1 Transport and Technical Service 3 Total 1452

2  - The  applicability  of  new  public  sector  employment  polices  to  zero  hour  workers  varies dependant on the policy. For example, the revised Grievance Policy shortly to be implemented applies to zero hours workers. In contrast, as zero hours workers are paid for the hours actually worked, the Managing Attendance policy and the Special Leave Policy do not apply to these workers as they work the hours of their choice.

3 - Current States systems do not allow for easy analysis of individual zero hours agreements and can only provide the following additional information to that previously provided in response to questions 6901 and 6902:

Departments

Department of the Environment 1 Education, Sport & Culture 533 Health & Social Services 733 Home Affairs 33 Jersey Airport 8 Non Ministerial States Funded 4 Transport and Technical Services 1 Treasury and Resources 1 Total 1314

Consistent with the answers given to questions 6901 and 6902, the table above sets out those individuals that were on both zero hours agreements and on regular full time or part time contracts of employment with the States.

Bank shifts are the standard and normal methodology for Nurses choosing to work additional hours in every NHS hospital and have been acknowledged by JACS as a normal and acceptable practice for the predominantly ex NHS nursing workforce in Jersey. Nurse Banks are crucial to the safe and effective provision of clinical services to patients.

Similarly, Supply Teaching roles are the standard and normal methodology to meet service needs within the Education service.

Appointments to States of Jersey roles are made using the appropriate contract.

4 - The review of Highlands College Lecturers was completed in December 2013. One of the outcomes resulted in an increase in the number of full time equivalent (FTE) employees and head count of 10.5 and 13 respectively as a specific number of worked hours were, after careful analysis, made permanent.

Consistent with the response given to question 6901, suitable and appropriately skilled Classroom Assistants on zero hours agreements are used to cover short term absences of regular staff and help provide continuity and the delivery of education in the classroom on a day to day basis. The zero hours arrangement allows for flexibility across educational requirements throughout the service.

Consistent with the response given to question 6902, the use of zero hours agreements for nursing and auxiliaries in the hospital helps to maintain the continuity of service, including cover for ad- hoc short term absence, and to meet other unforeseen demands.

Finally – as part of the review of terms and conditions of employment that is currently underway, a policy for the use of zero hours contracts is being developed.

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

Question

Has the Minister studied the UK Select Committee's report on Tamiflu which states, in relation to drugs generally, that the full results of clinical trials are being routinely and legally withheld from doctors and researchers by the manufacturers of medicines and that only 50 per cent of completed drug trials are published and, if so, will she now agree to look more closely into drug efficacy and safety as stated in her answer to my question on 2nd December 2013?

Answer

The Health and Social Services Department is neither a regulatory, nor an investigatory body in the context of medicine data evaluation.

Research, which critically appraises the safety and efficacy of any drug, forms part of the UK Regulatory role – a function that falls to the independent UK Regulator, the Medicines and Healthcare Products Regulatory Agency (MHRA).

It is, therefore, entirely reasonable and appropriate that I, and my department, seek our expert guidance on approved medicines from the official, independent regulator, and not through the publication of official or unofficial reports, nor internet searches.

In reaching its approval decisions, and the scope (indications) for which any product is licensed for use, the MHRA takes account of all available published, peer-reviewed, validated research evidence.

Should the MHRA determine any changes to the licensed indications for a product – whether arising from the Agency's own deliberations on the content of a Select Committee Report, or from any other emerging, credible, scientific research evidence – these would be implemented in Jersey.

9. DEPUTY G.C.L. BAUDAINS OF ST. CLEMENT OF THE MINISTER FOR TRANSPORT AND TECHNICAL SERVICES REGARDING CONTINUING DISRUPTION TO TRAFFIC EAST OF ST. HELIER:

Question

In relation to the continuing disruption to traffic east of St Helier, could the Minister advise -

1. why the problem was not minimised by requesting the Jersey Electricity Company (JEC) to press on with its cable laying works towards Green Road during the low traffic flows ofthe Christmas period,
2. why his Department did not decide to resurface areas other than Longueville Road, given that closure of this road diverts traffic towards Grève d'Azette which is also closed?
3. when the Grève d'Azette road is likely to be opened again; and,
4. whether any measures are in place to ensure that the JEC trench re-instatement will be of sufficient quality and, if not, why not?

Answer

1. Why Transport and Technical Services (TTS) did not require the JEC to undertakeChristmas working?

The JEC were not requested to work over the Christmas period as traditionally all contractors, subcontractors and suppliers shut down for a two week period. Even if the JEC's contractors would have been willing to work (which is most unlikely) there would have been no access to materials, for example hot asphalt to reinstate the road.

2. Why did TTS continue its planned resurfacing of La Rue a Don?

While major projects of this sort are not normally programmed concurrently in this way, the failure of one of the JEC's two cable links to France has made early commissioning of a new cable critical to the Island and has led to this project being brought forward a year and overlapping with previously planned projects.

The current resurfacing of La Rue a Don between La Rue des Pres Trading Estate and Le Chemin du Radier is part of a significant programme to upgrade the A3 Route' which has taken in the order of two years of advance planning and notifications. When work such as the JEC's is brought forward, the Department can't just delay a project (and go and work somewhere else) without incurring significant re-notification periods and resultant project costs.

Notwithstanding this, the Department has carried out analysis of the potential delay of both projects running concurrently and has implemented all possible mitigations for minimising delay and disruption to road users.

3. When will Greve d'Azette reopen?

The road closure will change to traffic signals in mid-March with the full road opening by mid -April.

4. What quality measures are in place to ensure that the JEC's trench reinstatement will be ofsufficient quality?

TTS has pre agreed the reinstatement specification that the JEC must follow and are undertaking periodic inspections of reinstatement works. The JEC have also agreed to fund full lane or road width resurfacing of Greve d'Azette, Havre des Pas and Mount Bingham (as far as South Hill). This resurfacing work will be carried out by TTS following a suitable trench settlement period (approximately 12 months to 2 years) and will ensure that the highway maintenance legacy of the JEC's trench works is kept to a minimum.

10. DEPUTY T.A. VALLOIS OF ST. SAVIOUR OF THE MINISTER FOR SOCIAL SECURITY REGARDING FAIR RENT LEVELS FOR INCOME SUPPORT RECPIENTS:

Question

Could the Minister advise what the difference will be between the current fair rent levels his department currently uses for Income Support recipients and what these will be once the Housing Department's new rental policy comes into effect on 1st April 2014?

Answer

The revised Income Support Regulations lodged as P.1/2014 allow for the changes to the Income Support accommodation component that are required as part of the Housing Transformation Project. The need for these changes was approved by the States on 16th May 2013 as P.33/2013 "The Reform of Social Housing", and were set out in more detail in report R.15/2013: "States of Jersey Housing Transformation Programme: Full Business Case".

Specific detail about the proposed changes to Income Support is provided in the report that accompanies P.1/2014, which details in full the Department's proposed changes from the current "fair rent" levels. The report was lodged on 6th January 2014 and is available for download from the States Assembly website at the following address:

http://www.statesassembly.gov.je/AssemblyPropositions/2014/P.001-2014.pdf

11. DEPUTY T.A. VALLOIS OF ST. SAVIOUR OF THE MINISTER FOR HOUSING REGARDING A SURVEY OF HOUSING STOCK:

Question

Can the Minister confirm that the survey which was being undertaken to determine the market rate of all housing stock has now been completed and, if so, will he provide the estimated market rentals and, if not, will he advise when this data will be available to members?

Answer

I can confirm that the survey to determine the market rent of all Housing Department stock has been completed.

The process involved obtaining rental valuations from independent Estate Agents for a sample of 458 Housing Department properties. The properties selected represent one of every type and size of unit and in every location, and amount to approximately 10% of the Housing Department properties. The valuations received were cloned across the whole stock portfolio to provide a market rental value for each Housing Department property, which was reviewed in detail prior to being finalised.

The results are summarised in the table below.

80% of all property rents lie within 10% of the average.

On 6 January 2014, the Minister for Social Security lodged P.1/2014 "Income Support (amendment No. 10) (Jersey) Regulations 201-" which are due to be debated by the States Assembly on 18 February 2014. The regulations include provision for up to the full amount of rent charged on social housing properties to be provided by Income Support.

12. DEPUTY  T.A.  VALLOIS  OF  ST.  SAVIOUR  OF  THE  CHIEF  MINISTER REGARDING THE CHILDREN'S POLICY GROUP:

Question

Could the Chief Minister advise whether clear procedures are in place which permit appropriate exchange  of  information  between  himself,  the  Minister  for  Health  and  Social  Services  and members of the Children's Policy Group, and whether he has an obligation to ensure that his ministerial colleagues on that group are fully informed about cases under review, particularly where due process may not have been followed?

Answer

Information sharing protocols are in place between departments represented on the Children's Policy Group. Those protocols allow for the exchange of information where appropriate.

The role of Children's Policy Group is to deal with policy issues. It is not to investigate or review individual cases. Information about individual cases may be shared if it relates to a Serious Case Review or where a multi-agency response is required.

Each Minister retains his or her own statutory responsibilities as set out in law and there is no obligation to inform other members of the Children's Policy Group about cases which pertain solely to an individual department.

13. SENATOR  S.C. FERGUSON  OF  THE  MINISTER  FOR  TREASURY AND RESOURCES REGARDING  DETAILS  OF  ALL  FINANCIAL  ARRANGEMENTS ENTERED INTO BY THE STATES:

Question

Will the Minister supply a detailed list of all the loans, guarantees, indemnities and off balance sheet financial arrangements entered into by the States, including the duration of the transaction, interest rate and any conditions attached to the transaction and the counterparty?

Answer

The States does not have off balance sheet financial arrangements.

The responses detail the arrangements current as at 31 December 2012 in line with the States 2012 published Financial Statements:-

Loans

Loans are issued under the Public Finances Law (2005) and under the Separately Constituted Funds. Under the governing laws establishing and operating the Separately Constituted Funds, there are no requirements to publish details on the individual loans issued but instead to only publish the Fund accounts annually.

Borrowers' individual names are not included.

Miscellaneous Loans - Consolidated Fund 2012 Statutory accounts reference: note 17 "Consolidated Fund" - page 134

Current Loan  Original Loan  Interest

Balances as at 31 December 2012 Balance value Duration of Loan Issued Rate Conditions

£ 3,150,308.84

Miscellaneous Loans - Pilot Starter Home Deposit Loan Scheme

There were no balances as at 31.12.12 as the scheme was launched late in July 2013

Assisted House Purchase Scheme 2012 Statutory accounts reference: note 17 "Assisted House Purchase" - page 134 Balances as at 31 December 2012

£ 2,653,780.02

99 year Leaseholders Fund 2012 Statutory accounts reference: note 17 "99 Year Leaseholders Accounts" - page 134 Balances as at 31 December 2012

£ 164,903.47

Please note the original loan values are not reported on by our administrators

Interest rates are reviewed half yearly and revised by our administrators based under borrowers affordability in line with the terms of the scheme

Dwelling Houses Loans Fund  2012 Statutory accounts reference: note 17 "Dwelling Houses Loan Fund" - page 134 Balances as at 31 December 2012