States Meeting Transcript - 14 July 2015

STATES OF JERSEY OFFICIAL REPORT TUESDAY, 14th JULY 2015

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

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

PETITIONS.......................................................................................8

2. The Deputy of Grouville will present a petition on behalf of the supporters of Mary Herold.....................................................................................8

2.1 Deputy C.F. Labey of Grouville :.........................................................8

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

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

1. DEPUTY J.A. MARTIN OF ST. HELIER OF THE CHIEF MINISTER REGARDING THE COST OF MINISTERIAL SUPPORT SERVICES:................................8
2. DEPUTY G.P. SOUTHERN OF ST. HELIER OF THE MINISTER FOR ECONOMIC DEVELOPMENT REGARDING INWARD INVESTMENT:..........................13
3. DEPUTY G.P. SOUTHERN OF ST. HELIER OF THE MINISTER FOR HOUSING REGARDING INWARD MIGRATION: ..............................................14
4. DEPUTY G.P. SOUTHERN OF ST. HELIER OF THE MINISTER FOR HEALTH AND SOCIAL SERVICES REGARDING FAMILIES VOLUNTEERING FOR FOSTERING:..........................................................................15
5. DEPUTY G.P. SOUTHERN OF ST. HELIER OF THE MINISTER FOR SOCIAL SECURITY REGARDING THE PERMANENT EMPLOYMENT OF BACK TO WORK' EMPLOYEES:................................................................16
6. DEPUTY G.P. SOUTHERN OF ST. HELIER OF THE CHIEF MINISTER REGARDING THE MODERNISATION OF THE PUBLIC SECTOR WORKFORCE: .........................................................................................17
7. DEPUTY M. TADIER OF ST. BRELADE OF THE MINISTER FOR HEALTH AND SOCIAL SERVICES REGARDING REDUCTIONS IN BED SPACE FOR THOSE WITH SPECIAL NEEDS:..............................................................18
8. DEPUTY M. TADIER OF ST. BRELADE OF THE CHIEF MINISTER REGARDING THE IMPLEMENTATION OF THE CHAPMAN REPORT RECOMMENDATIONS: .........................................................................................20
9. DEPUTY M. TADIER OF ST. BRELADE OF THE MINISTER FOR TREASURY AND RESOURCES REGARDING ASSISTANCE WITH REFURBISHMENT COSTS PROVIDED TO ANDIUM HOMES' TENANTS: .....................................21

10. DEPUTY S.Y. MÉZEC OF ST. HELIER OF THE MINISTER FOR HOME AFFAIRS REGARDING TIME TAKEN OFF WORK DUE TO INJURY WITHIN THE FIRE AND RESCUE SERVICE AND THE STATES OF JERSEY POLICE:................21
11. DEPUTY S.Y. MÉZEC OF ST. HELIER of THE CHAIRMAN OF THE COMITÉ DES CONNÉTABLES REGARDING THE PAYMENT OF PARISH RATES:.............21
12. DEPUTY S.Y. MÉZEC OF ST. HELIER OF THE MINISTER FOR SOCIAL SECURITY REGARDING DISCRIMINATION AGAINST EMPLOYEES WHO ARE WORKING FROM HOME:............................................................22
13. DEPUTY S.Y. MÉZEC OF ST. HELIER OF THE MINISTER FOR SOCIAL SECURITY REGARDING THE SUSPENSION OF PREGNANT WOMEN WHERE THERE IS DEEMED TO BE A HEALTH AND SAFETY RISK:......................23
14. DEPUTY S.Y. MÉZEC OF ST. HELIER OF THE MINISTER FOR EDUCATION, SPORT AND CULTURE REGARDING THE FUTURE USE OF SPRINGFIELD STADIUM: ............................................................................24
15. THE DEPUTY OF GROUVILLE OF THE MINISTER FOR PLANNING AND ENVIRONMENT REGARDING THE REDEVELOPMENT OF THE SITE AT KEPPEL TOWER:.....................................................................25
16. DEPUTY M.R. HIGGINS OF ST. HELIER OF THE MINISTER FOR TREASURY AND RESOURCES REGARDING THE CRIMINAL OFFENCES CONFISCATION FUND: .................................................................................26
17. DEPUTY M.R. HIGGINS OF ST. HELIER OF THE MINISTER FOR ECONOMIC DEVELOPMENT REGARDING INWARD INVESTMENT BUSINESS: ............27
18. DEPUTY M.R. HIGGINS OF ST. HELIER OF THE CHIEF MINISTER REGARDING A PAYMENT MADE TO THE FORMER TREASURER OF THE STATES:.........29
19. DEPUTY M.R. HIGGINS OF ST. HELIER OF THE MINISTER FOR HEALTH AND SOCIAL SERVICES REGARDING PATIENT WELFARE ACTIVITIES:............30

Oral Questions.................................................................................33

1. Deputy D. Johnson of St. Mary of the Minister for Treasury and Resources regarding tax policy in respect of debtor amounts: ....................................................33 Senator A.J.H. Maclean (The Minister for Treasury and Resources):.........................33

1. Deputy G.P. Southern of St. Helier:....................................................34
2. Deputy G.P. Southern :..................................................................34
3. Deputy J.A.N. Le Fondré of St. Lawrence : .............................................34
4. The Deputy of St. Mary:................................................................35

2. Deputy G.P. Southern of the Chief Minister regarding the possible introduction of a National Living Wage: .................................................................35 Senator P.F. Routier (Assistant Chief Minister - rapporteur)..................................35

1. Deputy G.P. Southern :..................................................................35
2. Deputy G.P. Southern :..................................................................36
3. Deputy J.A. Martin of St. Helier:.......................................................36
4. Deputy J.A. Martin:....................................................................36
5. Deputy M. Tadier of St. Brelade:.......................................................36
6. Deputy M. Tadier :......................................................................37
7. Deputy A.D. Lewis of St. Helier:.......................................................37
8. Deputy A.D. Lewis :....................................................................37

9. Deputy S.Y. Mézec of St. Helier:.......................................................37
10. Deputy G.P. Southern : ..............................................................38

3. Deputy J.A. Martin of the Chief Minister regarding consultation in respect of Population Policy:..................................................................................38

Senator P.F. Routier (Assistant Chief Minister - rapporteur)..................................38

1. Deputy J.A. Martin:....................................................................38
2. Deputy G.P. Southern :..................................................................39
3. Deputy G.P. Southern :..................................................................39
4. Deputy M. Tadier :......................................................................39
5. Deputy M. Tadier :......................................................................39

6. Deputy J.A. Martin:....................................................................40

4. Deputy M. Tadier of the Chief Minister regarding the social and economic consequences of the voluntary leavers and compulsory redundancy programmes:.....................40 Senator I.J. Gorst (The Chief Minister):......................................................40

1. Deputy M. Tadier :......................................................................40
2. Deputy G.P. Southern :..................................................................41
3. Deputy G.P. Southern :..................................................................41

4. Deputy J.A. Martin:....................................................................41
5. Deputy M. Tadier :......................................................................42

5. Deputy L.M.C. Doublet of St. Saviour of the Chief Minister regarding policies and practices governing the health and well-being of States of Jersey employees: ..........42 Senator I.J. Gorst (The Chief Minister):......................................................42

1. Deputy L.M.C. Doublet :................................................................42
2. Senator Z.A. Cameron:.................................................................43
3. Deputy A.D. Lewis :....................................................................43
4. Deputy T.A. Vallois of St. John:........................................................43
5. Deputy G.P. Southern :..................................................................43
6. Deputy G.P. Southern :..................................................................44
7. Deputy L.M.C. Doublet :................................................................44

6. Deputy P.D. McLinton of St. Saviour of the Chief Minister regarding people arriving to live and work in Jersey:................................................................44 Senator P.F. Routier (Assistant Chief Minister - rapporteur):.................................45

1. Deputy P.D. McLinton: ................................................................45
2. Deputy M. Tadier :......................................................................46
3. Deputy J.A. Hilton of St. Helier:........................................................46
4. Deputy J.A. Hilton:.....................................................................46
5. Deputy J.A. Martin:....................................................................47

6. Deputy P.D. McLinton: ................................................................47
   7. Deputy J.A. Hilton of the Minister for Home Affairs regarding a possible police investigation in relation to a child who had to be resuscitated by a member of the public in Coronation Park:.....................................................................47 Deputy K.L. Moore of St. Peter (The Minister for Home Affairs):............................48

1. Deputy J.A. Hilton:.....................................................................48
2. Deputy J.A. Hilton:.....................................................................48

8. Deputy J.M. Maçon of St. Saviour of the Minister for Treasury and Resources regarding support for students wishing to attend tertiary education:...............................48 Senator A.J.H. Maclean (The Minister for Treasury and Resources):.........................48

1. Deputy J.M. Maçon:....................................................................48
2. Deputy G.P. Southern :..................................................................49
3. Deputy L.M.C. Doublet :................................................................49
4. Deputy J.M. Maçon:....................................................................49

9. Deputy S.Y. Mézec of the Chief Minister regarding a timeline for the introduction of equal marriage legislation:..............................................................50 Senator I.J. Gorst (The Chief Minister):......................................................50

10. Deputy A.D. Lewis of the Chief Minister regarding the servicing of information requests made by the Public Accounts Committee:..............................................50 Senator I.J. Gorst (The Chief Minister):......................................................50

1. Deputy A.D. Lewis : .................................................................50
2. Connétable C.H. Taylor of St. John:.................................................51
3. Deputy A.D. Lewis : .................................................................51

11. Deputy P.D. McLinton of the Minister for Transport and Technical Services regarding the installation of safety railings on the pavement directly outside Bagot Stores and on the pavements at the junction of Longueville Road, Aubin Lane and Belvedere Hill:...51 Deputy E.J. Noel of St. Lawrence (The Minister for Transport and Technical Services):......51

1. Deputy P.D. McLinton:..............................................................51
2. Deputy J.M. Maçon:.................................................................52
3. Connétable S.A. Le Sueur -Rennard of St. Saviour:..................................52
4. Deputy P.D. McLinton:..............................................................52

12. Deputy J.A. Hilton of the Chief Minister regarding the accuracy ofthe measurement and monitoring of the population:...........................................................53 Senator P.F. Routier (Assistant Chief Minister - rapporteur):.................................53

1. Deputy J.A. Hilton:..................................................................53
2. Deputy M. Tadier :...................................................................53
3. Deputy M. Tadier :...................................................................54
4. Deputy A.D. Lewis : .................................................................54
5. Deputy A.D. Lewis : .................................................................54
6. Deputy G.P. Southern : ..............................................................55
7. Deputy G.P. Southern : ..............................................................55
8. Deputy J.A. Hilton:..................................................................55

13. Deputy M. Tadier of the Chief Minister regarding applications for care, supervision or freeing orders: ..........................................................................56 Senator I.J. Gorst (The Chief Minister):......................................................56

4.13.1 Deputy M. Tadier :...................................................................56

14. Deputy G.P. Southern of the Chief Minister regarding the number of public sector workers who have applied for release' fromemployment:.............................57 Senator I. J. Gorst (The Chief Minister):......................................................57

1. Deputy G.P. Southern : ..............................................................57
2. Deputy G.P. Southern : ..............................................................57

15. Deputy S.Y. Mézec of the Minister for Treasury and Resources regarding the viabilityof the International Finance Centre:.......................................................58 Senator A.J.H. Maclean (The Minister for Treasury and Resources):.........................58

1. Deputy S.Y. Mézec :.................................................................58
2. Deputy M. Tadier :...................................................................58
3. Deputy S.Y. Mézec :.................................................................59

16. Deputy A.D. Lewis of the Chief Minister regarding the level of the Minimum Wage:..59 Senator P.F. Routier (Assistant Chief Minister - rapporteur):.................................59

1. Deputy A.D. Lewis : .................................................................60
2. Connétable J.E. Le Maistre of Grouville :............................................60
3. Deputy G.P. Southern : ..............................................................60
4. Deputy G.P. Southern : ..............................................................60
5. Deputy M. Tadier :...................................................................61
6. Deputy M. Tadier :...................................................................61
7. Deputy A.D. Lewis : .................................................................61

5. Questions to Ministers without notice - The Minister for Education, Sport and Culture...................................................................................62

1. Deputy J.M. Maçon:....................................................................62 Deputy R.G. Bryans of St. Helier (The Minister for Education, Sport and Culture):..........62
2. Deputy K.C. Lewis of St. Saviour:......................................................62
3. Deputy G.P. Southern :..................................................................62

5.3.1 Deputy G.P. Southern :..................................................................63

4. Deputy P.D. McLinton: ................................................................63
5. Deputy A.D. Lewis :....................................................................63
6. Deputy J.A. Hilton:.....................................................................64

5.6.1 Deputy J.A. Hilton:.....................................................................64

7. Deputy M. Tadier :......................................................................64

5.7.1 Deputy M. Tadier :......................................................................65

8. Deputy J.M. Maçon:....................................................................65
9. Deputy L.M.C. Doublet :................................................................65

5.9.1 Deputy L.M.C. Doublet :................................................................65

10. Deputy J.A. Martin:....................................................................66

5.10.1 Deputy J.A. Martin: .................................................................66

6. Questions to Ministers without notice - The Minister for Treasury and Resources...66

1. Deputy R. Labey of St. Helier:..........................................................66 Senator A.J.H. Maclean (The Minister for Treasury and Resources):.........................66

1. Deputy R. Labey : ......................................................................67
   2. Deputy A.D. Lewis :....................................................................67

6.2.1 Deputy A.D. Lewis :....................................................................67

3. Deputy G.P. Southern :..................................................................67

6.3.1 Deputy G.P. Southern :..................................................................67

4. Deputy M. Tadier :......................................................................68

6.4.1 Deputy M. Tadier :......................................................................68

5. Deputy S.M. Wickenden of St. Helier:..................................................68
6. Deputy G.P. Southern :..................................................................69

6.6.1 Deputy G.P. Southern :..................................................................69

7. Deputy J.A. Martin:....................................................................69

6.7.1 Deputy J.A. Martin:....................................................................70

8. Deputy M. Tadier :......................................................................70

STATEMENTS ON A MATTER OF OFFICIAL RESPONSIBILITY........................70

7. The Chairman of the Education and Home Affairs Scrutiny Panel - statement regarding the Panel's report entitled "Special Education Needs" (S.R.3/2015).......70

7.1 Deputy L.M.C. Doublet (Chairman, Education and Home Affairs Scrutiny Panel):.....70

7.1.1 Deputy R.G. Bryans: ...................................................................72

PUBLIC BUSINESS.............................................................................72 Connétable L. Norman of St. Clement : .......................................................73

8. Keppel Tower: petition (P.67/2015).....................................................73

8.1 The Deputy of Grouville :...............................................................74

1. The Deputy of St. Martin:..............................................................76 Mr. R.J. MacRae , H.M. Attorney General:....................................................78 Deputy J.A.N. Le Fondré:....................................................................78 Deputy R. Labey :.............................................................................79 Deputy J.A. Martin:..........................................................................79 Senator I.J. Gorst :............................................................................80

LUNCHEON ADJOURNMENT PROPOSED..................................................80 LUNCHEON ADJOURNMENT................................................................81

The Deputy of Grouville :.....................................................................81 The Attorney General:........................................................................81 The Deputy of St. Ouen:......................................................................81 Deputy S.M. Wickenden:.....................................................................81 Deputy J.M. Maçon:..........................................................................82

2. Deputy I.J. Gorst : ......................................................................82
3. Connétable M.P.S. Le Troquer of St. Martin:...........................................83
4. Senator P.M. Bailhache : ................................................................84
5. Deputy S.M. Brée of St. Clement:......................................................85
6. The Connétable of Grouville :...........................................................85
7. Deputy J.A.N. Le Fondré:..............................................................85
8. Connétable J. Gallichan of St. Mary : ...................................................86 The Attorney General:........................................................................86
9. Senator Z.A. Cameron:.................................................................88
10. Deputy M. Tadier :...................................................................88 The Attorney General:........................................................................88
11. Deputy J.A. Martin: .................................................................90
12. The Deputy of St. Mary:.............................................................91
13. Deputy M.J. Norton of St. Brelade : ..................................................91 Deputy M. Tadier : ............................................................................92 The Attorney General:........................................................................92 Senator I.J. Gorst :............................................................................93
14. Deputy R. Labey :....................................................................93 The Attorney General:........................................................................93
15. The Deputy of Grouville : ............................................................94

9. Jersey Financial Services Commission: re-appointment of Commissioner (P.49/2015) - as amended..............................................................................96

[Debate proceeded in camera] ................................................................96

10. Draft Register of Names and Addresses (Comparison with Electoral Registers) (Jersey) Regulations 201- (P.55/2015)...................................................97

1. Senator P.F. Routier (Assistant Chief Minister - rapporteur):...........................97

1. Deputy J.A.N. Le Fondré: ...........................................................97 The Attorney General:........................................................................98
2. Senator P.F. Routier:................................................................98

2. Senator P.F. Routier: ...................................................................99
3. Senator P.F. Routier: ..................................................................100

10.3.2 Senator P.F. Routier:...............................................................100

11. Draft Register of Names and Addresses (Access for Medical Purposes) (Jersey) Regulations 201- (P.56/2015)...........................................................100

1. Senator P.F. Routier (Assistant Chief Minister - rapporteur):..........................100

1. Senator A.K.F. Green:..............................................................101

2. Senator Z.A. Cameron:.............................................................102
3. Deputy M. Tadier :..................................................................102
4. Deputy J.A. Martin: ................................................................103
5. Senator P.F. Routier:...............................................................103

2. Senator P.F. Routier: ..................................................................104

12. Draft Shipping (Amendment of Law) (Jersey) Regulations 201- (P.59/2015)........105

1. Senator L.J. Farnham (The Minister for Economic Development):....................105
2. Senator L.J. Farnham :.................................................................105

13. Draft Employment of States of Jersey Employees (Amendment No. 7) (Jersey) Regulations 201- (P.60/2015)...........................................................106

1. Senator A.K.F. Green ( Deputy Chairman of the States Employment Board - rapporteur): 107

1. The Deputy of St. John:............................................................109
2. Senator I.J. Gorst : ..................................................................110

2. Senator A.K.F. Green: ................................................................112

14. Draft E.U. Legislation (Civil Aviation Insurance) (Jersey) Regulations 201- (P.61/2015)..............................................................................113

1. Senator P.M. Bailhache (The Minister for External Relations):........................113
2. Senator P.M. Bailhache : ..............................................................113

15. Draft Air Navigation (Investigation of Air Accidents and Incidents on Jersey Registered Aircraft) (Jersey) Regulations 201- (P.62/2015) ..........................114

1. Senator P.M. Bailhache (The Minister for External Relations):........................114

1. The Connétable of St. John : ........................................................115
   2. Senator P.M. Bailhache : ..............................................................115

16. Draft Aircraft Registration (Births, Deaths and Missing Persons) (Jersey) Regulations 201- (P.63/2015)........................................................................116

1. Senator L.J. Farnham (The Minister for Economic Development):....................116

1. Deputy J.A. Martin: ................................................................116
   2. Senator L.J. Farnham :.................................................................117

1. The Connétable of St. John : ........................................................118
2. Senator L.J. Farnham : ..............................................................118

17. Humanist and Open-Air Marriages (P.65/2015)......................................121

17.1 Deputy L.M.C. Doublet :..............................................................121

1. Deputy M. Tadier :..................................................................122
2. Connétable D.W. Mezbourian of St. Lawrence:....................................123
3. The Connétable of St. Martin : ......................................................124
4. Deputy P.D. McLinton:............................................................125

ADJOURNMENT..............................................................................126

[9:30]

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

1. The Deputy Bailiff :

Under A, may I on behalf of Members welcome His Excellency, the Lieutenant Governor to the Chamber this morning? [Approbation]

PETITIONS

2. The Deputy of Grouville will present a petition on behalf of the supporters of Mary Herold

The Deputy Bailiff :

Under H the Deputy of Grouville will present a petition on behalf of the supports of Mary Herold. Deputy , did you wish to say a few words?

2.1 Deputy C.F. Labey of Grouville :

Only to say that we managed to collect 2,033 signatures in the space of 2 weeks on this issue [Approbation] which may demonstrate the public feeling on this matter and we will be having the debate as the first item after Questions.

The Deputy Bailiff :

In accordance with Standing Orders this matter gets referred to the Minister for consideration although, as the Deputy has mentioned, it is the first item for debate when we come on to Public Business.

QUESTIONS

3. Written Questions

1. DEPUTY J.A. MARTIN OF ST. HELIER OF THE CHIEF MINISTER REGARDING THE COST OF MINISTERIAL SUPPORT SERVICES:

Question

Can the Chief Minister -

1. outline the portfolio of each Minister and how this is supported by Assistant Ministers.
2. itemise the annual costof each Ministerial Department, including support ofthe Assistant Minister(s) to take into account the cost of:

• office space (rental)
• secretarial/administrative support
• direct officer support (giving the number and grades of the officers involved)
• IT support
• telephone costs
• travel costs

3. provide the whole budget for supporting Ministerial Government expressed in the same wayasthe allocation to Scrutiny is shown in the States Assembly accounts and indicate whether this budget can be identified in the States accounts and, if so, how?
   4. Advise when, and how, this budget was agreed andwhether it is inflated in accordance with the cost of living each year and whether there have been any over or under-spends to date;
   5. provide the budgets and manpower figures specifically relating to supporting Ministers from December 2011 until the election ofthe new Council of Ministers in November2014to give a full 3-year account of the cost of supporting ministerial government?

Answer

1. In accordance with Article 30A ofthe States of Jersey Law 2005, the Chief Minister is required to establish, maintain and publish a listof Ministers and Assistant Ministers and the functions exercisable by each of them and by the Chief Minister personally.' The most recent published list is contained in R.19/2014.
2. Estimated costs for each Minister for 2014 are shown in the table below. These figures have been calculated by Departments solely for the purpose of answering this question and are approximate.

Notes

• Secretarial/administrative support and direct officer support: Departments vary in how Ministers are supported and their PAs perform a range of tasks. PAs/secretaries often manage the administration of the Minister, Assistant Minister and Chief Officer, and also perform other work for the department, as required. Likewise, officers undertake a range of functions and provide a varying level of specific support for individual Ministers and Assistant Ministers as the work demands. However, I can confirm that the Treasury and Resources Minister and Chief Minister both have dedicated PAs (who also work for the relevant Assistant Minister and Assistant Chief Ministers) and their costs amount to an average of £67,000 per year for the Treasury Minister and c. £90,000 for the Chief Minister. As the organisation become more flexible and departments work more closely together, these kinds of estimations will become even more difficult. For instance, the new Community and Constitutional Affairs department is made up of a variety of officers and administration staff who support a number of ministers and assistant ministers (Chief Minister, Housing Minister, Home Affairs Minister and Assistant Minister, the chair of the Legislation Advisory Panel, and an Assistant Chief Minister) and discharge a range of policy and operational functions. This makes it difficult to separate out the percentage of support provided by specific staff members to individual Ministers and Assistant Ministers, compared with their departmental work.
• Travel cost: Data for 2014 has not yet been published. Where updated information is not available 2013 data from R.158/2014 is used as an indication of cost and/or taken from reports published to the States Assembly.
• Office space costs: Shown as notional rental values. Most departments do not rent office space.

3. The budget for supporting Ministerial Government is not separately identifiable within the States' Financial Report and Accounts, and as noted above, it is not readily possible to separate work undertaken on behalf of a Minster and work undertaken on behalf of a Department, and indeed, they are ultimately one and the same thing, i.e. the costof ministerial government is the cost of government.
4. Thiscost is not managed by departments as a separately identifiable budget. As such it is not subject to specific overor underspends. Payand non-pay inflation will have been allocated in accordance with arrangements across all departmental expenditure.
5. As outlined above, budgets and manpower figures are not specifically identified for supporting Ministers so it is not possible to give a meaningful answer to this question. As an example, where the costs of secretarial and administrative support have been given these relate in most casesto a fraction ofan employee's time.The table shown intheanswerto question 1 is also shown below for 2013 and 2012 to allow the Deputy to approximate a cost.

2. DEPUTY G.P. SOUTHERN OF ST. HELIER OF THE MINISTER FOR ECONOMIC DEVELOPMENT REGARDING INWARD INVESTMENT:

Question

Further to the Minister's response to written question 8869 on 23rd June 2015 which states that 82% of the 150 jobs created by inward investment were filled by locally qualified residents, does the Minister accept that this means that 18% (almost one in five) of those jobs was filled by a non- qualified person, constituting a greater proportion than is already present in the workforce?

What measures, if any, will be taken towards ensuring that the 325 target is met in the current year to reduce the number of inward migrants to 325 annually, a target that has been missed in the past 2 years, and if none, why?

Notwithstanding the fact that the Minister does not have access to income tax records, what estimates does the Minister have of the aggregate tax revenues produced by the 1,319 postholders resulting from inward investment he referred to in his previous response?

Answer

Of the 18%, 121 are licensed' positions granted to businesses where the principal or senior Directors relocated with the business as staff essential to the business. The other 117 are registered' staff with nearly half being in the retail sector. Inward investment, by its very nature, is always going to initially necessitate a higher proportion of non-locally qualified people as the principals and wealth creators relocate with the business. The impact of inward investment is real. Each investment brings new jobs or protects existing ones, improves Jersey's position in a highly competitive global marketplace, and contributes to economic growth. It is important to be clear that 82% of the jobs created, 1,081, were for entitled' Islanders.

The Interim Population Policy enables migration which adds the greatest economic and social value, and only where local talent is not available. The Control of Housing and Work Law continues to be applied to support this planning assumption - working increasing closely with the back to work' team following the transfer of the Population Office to the Social Security Department – and the latest population figures are helpful in discharging this task. We have always said, however, that managing net migration is not an exact science, for example, it depends on decisions individuals make as to whether to leave or move to Jersey for all sorts of personal reasons.

As stated in numerous replies to the Deputy , my Department is not privy to tax paid by individual businesses or persons. Inward investment activity, and the associated job creation, generates new tax revenue for Jersey. I do not estimate tax revenues as I have no information upon which to base them. However, Locate Jersey maintains an ongoing relationship with businesses that move to the island and continue to monitor performance, and if requests are made to extend a licence, this is assessed against the business delivering the expected contribution to the Island.

3. DEPUTY G.P. SOUTHERN OF ST. HELIER OF THE MINISTER FOR HOUSING REGARDING INWARD MIGRATION:

Question

What impact, if any, does failing to meet the inward migration target of 325 persons have on the figures for housing supply and demand contained in the Housing Strategy Framework?

Will the Minister ensure that, following consultation, the needs will be met of the 10 stakeholder groups listed in section 1.12 of the strategy document to be brought to the States for approval before the end of 2015?

How much of the estimated supply of housing up to 2020 is to be met from the bond issue of £250 million attached to the creation of Andium Homes and the consequent need for the Strategic Housing Unit?

Answer

What impact, if any, does failing to meet the inward migration target of 325 persons have on the figures for housing supply and demand contained in the Housing Strategy Framework?

The monitoring of the resident population and inward migration levels, together with the supply of housing is a key objective identified in the recently drafted Strategic Housing Framework document and it is anticipated a housing market monitoring report will be published after the summer recess which will then inform the objectives of this strategy.

This report will be set against the assumptions made about demand set out in the 2014 Island Plan, including the interim net inward migration target of 325 persons and the latest supply data in order to identify any potential shortfalls or indeed surpluses in housing supply. The net inward migration figure is therefore only one element of the review of housing needs on the Island and given that the Island plan is just one year into a 6 year plan period, should be seen in this longer term context.

Should a long term imbalance be identified, then further actions may then be brought forward to ensure that the supply meets the anticipated demand for housing.

Finally, it is worth noting that the supply of affordable housing will not be impacted upon by higher short term net inward migration levels, as these new residents would not be eligible for this type of housing until they have been resident for 10 years.

Will the Minister ensure that, following consultation, the needs will be met of the 10 stakeholder groups listed in section 1.12 of the strategy document to be brought to the States for approval before the end of 2015?

The housing strategy sets out the timetable for the completion of the detailed housing plans for specific groups in the delivery plan section of the document and work is expected to be completed by the end of 2016.

How much of the estimated supply of housing up to 2020 is to be met from the bond issue of £250 million attached to the creation of Andium Homes and the consequent need for the Strategic Housing Unit?

The Strategic Housing Unit is working very effectively with Andium homes and Treasury to ensure that the Housing bond is delivering affordable housing. Accordingly, it is expected that from the £207m issued to Andium homes to re-develop their existing housing stock, nearly 500 units of affordable housing units will be delivered by 2020. The remaining £36 million of the bond is available to fund the rezoned housing sites, identified in the 2014 Island Plan, and should Andium be successful in acquiring some of these sites, then a further 200 units could be developed by 2020.

4. DEPUTY G.P. SOUTHERN OF ST. HELIER OF THE MINISTER FOR HEALTH AND SOCIAL SERVICES REGARDING FAMILIES VOLUNTEERING FOR FOSTERING:

Question

What co-ordinated approach, if any, does the Minister have with his Housing and Social Security Ministerial colleagues, to address the increased needs, especially in relation to housing, of families volunteering for fostering?

Answer

There is an effective working partnership between Health, Housing and Social Security, both at a strategic and an operational level with a shared commitment to meeting the needs of the most vulnerable children in our community. This often involves bespoke solutions in response to individual needs. I have asked my officers to discuss with the Strategic Housing Unit the support available through the housing gateway for families volunteering for fostering.

5. DEPUTY G.P. SOUTHERN OF ST. HELIER OF THE MINISTER FOR SOCIAL SECURITY REGARDING THE PERMANENT EMPLOYMENT OF BACK TO WORK' EMPLOYEES:

Question

Will the Minister explain what happens when employers who are claiming the employer incentive (up to 6 months wages at the minimum wage and contributions) to take on "back to work" employees do not offer the candidates permanent employment at the end of the period?

What arrangements, if any, are in place to ensure that the incentives do not become a source of cheap labour for the employer over a period of time?

If an employee on such a scheme is let go as unsuitable after having worked for 12 weeks or more, is the employee sanctioned and does the employer repay any sums claimed?

Answer

Tackling unemployment remains a priority and there is an ongoing need to provide support to those who require the most help to get back into work.

The Employment Incentive provides access to sustainable employment for people who have been registered as long term unemployed. This scheme qualifies businesses to be reimbursed for payment of Social Security contributions and six months' salary at minimum wage when they fill a full-time role with a jobseeker who is registered long-term unemployed (6 months for clients aged 16-24 years and 12 months for clients aged 25 and above). This incentive is only available for permanent positions there is no provision for temporary roles to be approved under this scheme. All applications are discussed in detail with employers and thoroughly verified by officers in the Back to Work Recruitment team.

Throughout the 6 month period the employee and employer are provided with ongoing in-work support from a dedicated Back to Work Advisor. This provides a realistic timeframe for the employer to induct, train and develop the employee to become an asset to their business at no additional financial cost, whilst the individual has the opportunity to gain experience and develop their skills and knowledge. Departmental officers are available throughout to assist in resolving any potential problems if they arise, thereby affording the greatest opportunity for the individual to achieve their potential and thrive in their new position. This scheme affords both financial and practical support. It provides an incentive for employers to take on staff that may not ordinarily have been considered as the best candidate due to significant periods of unemployment, or in some cases other barriers to employment, whilst the employee can earn a wage and gain valuable experience to help them progress within their chosen industry.

If an Employment Incentive employee leaves work of their own volition and wishes to make an application for Income Support benefit they are subject to the same rules as every other claimant regarding the sanction process. In circumstances where employment cannot continue the employer is still able to claim a payment under the Employment Incentive subject to Back to Work being fully satisfied that the employer has done everything they can to ensure sustainability of employment.

6. DEPUTY G.P. SOUTHERN OF ST. HELIER OF THE CHIEF MINISTER REGARDING THE MODERNISATION OF THE PUBLIC SECTOR WORKFORCE: Question

Will the Chief Minister update members on progress relating to the modernisation of the public sector workforce? Would he advise what negotiations/consultations, if any, are currently taking place, and with which employee representative bodies and, if none, would he outline what measures, if any, he has under consideration to ensure that consultation progresses in a timely fashion in order that members can assess realistic outcomes in the MTFP and Budget for 2016?

Answer

Significant progress has been made on the Workforce Modernisation (WFM) Programme.

This includes:

• More than 80% of job descriptions attached to the new pay structure have been matched and a programme of consistency checks is underway
• Continued progress on the new pay structure
• Completion of research and identification of the key factors attached to new terms and conditions of service. Initial data sharing with the trade unions.
• More than 70% of employment policies have been revised and implemented following 28+ consultation meetings and more than 170 drafts of the new policies.
• The agreement of all the Unions to a new Framework (Collective Bargaining) Agreement ( excluding Police ) and the implementation of the new Joint Council which will provide for single table negotiations on pay, terms and conditions of service , strategy and wider engagement .This helps govern employment relations within the public sector and includes meetings with the SEB three times per year. One meeting has already taken place in 2015.

Extensive consultation and engagement has taken place with all the main Unions (including Civil Servants, Manual Workers, Nurses and Midwives, Teachers/Head Teachers and the Uniformed Services) on every aspect of the Workforce Modernisation Programme from early 2013 to date. In particular that relating to job evaluation, policies/procedures and work on terms and conditions of service.

It is proposed to continue this approach throughout the rest of the WFM project through to completion.

7. DEPUTY M. TADIER OF ST. BRELADE OF THE MINISTER FOR HEALTH AND SOCIAL  SERVICES  REGARDING REDUCTIONS IN BED  SPACE  FOR THOSE WITH SPECIAL NEEDS:

Question

Will the Minister outline what unit closures and reduction in bed space there have been in the past 4 years in Special Needs, Elderly Care and Adult Mental Health Services?

If there have been closures or reductions in bed space, what replacements, if any, have been made and what is the net loss or gain?

Answer

Over the last 4 years, the following developments have taken place: Special needs

HSSD Special Needs Service has developed and implemented its Community Living Strategy to enable adults with moderate to severe learning disabilities the opportunity to move from institutional models of care – originally St Saviour's Hospital and then group home settings in the community – to bespoke fit for purpose homes for life, based on personalised care and support.

Reflecting these moves, there has been a reduction of 6 beds directly provided within the HSSD Adult Service Residential Service:

- 4 people moved to be supported by Les Amis, as a better option for their long-term care and support

- 2 people passed away.

HSSD now supports in the community 29 adults with moderate to severe learning disabilities and/or on the autistic spectrum, with additional complex needs.

Elderly care

1. Mental health

There has been a reduction of 28 beds directly provided by HSSD Older Adult Mental Health Services as set out in the table below. The service now provides 67 beds for functional and organic mental health assessment and treatment.

2. Nursing care

There has been a reduction of 7 beds directly provided by HSSD Older Adult Residential & Nursing Care Services:

- Sandybrook provides 26 beds – no change

- The Limes has reduced from 33 beds to 26 beds to:

• manage safe care within the current staffing levels
• reduce risk associated with lower level (as in ground floor) accommodation in compliance with fire regulations.

Presently, HSSD Older Adult Residential & Nursing Care Services provides 52 beds.

In line with the recommendations in the HSSD White Paper, Caring for each other, caring for ourselves', HSSD commissioners continue to work in partnership with private, community and voluntary providers in developing strategy to stimulate the market. New developments, such as Lakeside and expansion at Silver Springs and St Ewolds, help to increase choice across the market, reducing reliance upon direct States provision.

Adult mental health services

The  number  of  beds  available  in  Adult  Mental  Health  Services  over  the  last  four  years  is unchanged.

Orchard House continues to provide 17 in-patient functional mental health assessment and treatment beds.

Clairevale continues to provide 10 beds. Its role has recently been enhanced, becoming a pre- and post-admission unit to reduce the need for individuals to be admitted to an acute mental health unit. This is intended to improve the patient experience, particularly for voluntary patients.

8. DEPUTYM.TADIEROFST.BRELADEOF THE CHIEF MINISTER REGARDING THE IMPLEMENTATION OF THE CHAPMAN REPORT RECOMMENDATIONS: Question

Further to a response given to a question I asked of his predecessor on 23rd February 2010, and his own response to a question asked by the then Deputy T.A. Vallois of St. Saviour on 19th November 2013, will the Chief Minister advise Members which of the 6 recommendations in the Chapman report were actually implemented, which are still outstanding; and if any are still outstanding, explain why they were not implemented and which of these are likely to be implemented shortly?

Answer

The Chapman report was produced in September 2009 in response to allegations of bullying of States Employees by a "States Senator". It is available online –

http://www.gov.je/ImportedNewsObject/ChapmanReportNovember2009.pdf

The report concluded with six recommendations which have been the subject of two separate States questions to the Chief Minister.

Recommendation 1 – Monitoring of the blogs takes place from time to time if it is judged there is a need.

Recommendation 2 – If employees are subject to allegations or harassment via social media then contact will be made with them and support in terms of advice and/or counselling will be offered.

Recommendation 3 - The States Bullying and Harassment guidelines were revised again in 2014 as part of the Workforce Modernisation programme.

Recommendation 4 – The Health and Safety Policy was revised and reissued in January this year. Again, after earlier revisions.

Recommendation 5 – An all employee bulletin to highlight the Crime (Disorderly Conduct and Harassment) (Jersey) Law 2008 was not issued as it was considered disproportionate. The matters were dealt with under a revised Bullying and Harassment policy at the time.

Recommendation 6 – The States Employment Board has considered that matters of harassment and bullying highlighted by the H&S inspectorate are adequately provided for through regular reviews of the policy framework.

The States Employment Board considers there are appropriate safeguards and support frameworks in place to assist employees in difficult circumstances.

9. DEPUTY M. TADIER OF ST. BRELADE OF THE MINISTER FOR TREASURY AND RESOURCES REGARDING ASSISTANCE WITH REFURBISHMENT COSTS PROVIDED TO ANDIUM HOMES' TENANTS:

Question

Will the Minister inform members what assistance with redecoration and refurbishment costs is offered by Andium Homes to new tenants and how this compares with the support offered previously by the Housing Department over the past 3 years?

Answer

The Minister understands that Andium Homes ensures properties offered to potential new tenants are in an appropriate lettable condition, something that the Company refers to as The Andium Void Standard'. This will generally mean that, major planned works programmes aside, all refurbishment works which are due at that time will have been completed and the property will be in good decorative order. Where it is agreed with a new tenant that the tenant will undertake some redecoration works themselves Andium Homes will, as was the case with the Housing Department, provide some financial assistance in the form of a decoration voucher. The financial value of any such voucher will be consistent with those issued in the past.

10. DEPUTYS.Y.MÉZECOFST.HELIEROFTHE MINISTER FORHOMEAFFAIRS REGARDING TIME TAKEN OFF WORK DUE TO INJURY WITHIN THE FIRE AND RESCUE SERVICE AND THE STATES OF JERSEY POLICE:

Question

Would the Minister provide a breakdown of how many employees within the Fire and Rescue Service and the States of Jersey Police service have had to take time off work as a result of injuries incurred whilst on duty over the past year?

Answer

From June 2014 to June 2015, there were two employees from the Jersey Fire and Rescue Service and one employee from the States of Jersey Police who had to take time off work as a result of an injury incurred whilst on duty.

Because there are such low numbers, it would not be appropriate to provide any further details, which could lead to the identification of specific employees.

11. DEPUTY S.Y. MÉZEC OF ST. HELIER of THE CHAIRMAN OF THE COMITÉ DES CONNÉTABLES REGARDING THE PAYMENT OF PARISH RATES:

Question

What discussions, if any, have taken place between the Comité des Connétable s and the Treasury Department to consider if the system for payment of Parish Rates could be made more efficient and user- friendly, and if such discussions have taken place, what conclusions were reached?

Answer

No such discussions have taken place as all parishes make stringent efforts to ensure that the payment of Parish Rates and the Island Wide Rate is efficient and user-friendly by offering parishioners several different methods of payment, including by instalments, by cash, by cheque, by credit and debit card, by standing order, by bank transfer and, from this year, most parishes will be accepting online payment.

12. DEPUTY S.Y. MÉZEC OF ST. HELIER OF THE MINISTER FOR SOCIAL SECURITY REGARDING DISCRIMINATION AGAINST EMPLOYEES WHO ARE WORKING FROM HOME:

Question

Would the Minister explain what the logic is behind Section 8 of Schedule 2 of the Discrimination (Jersey) Law 2014 allowing for employers to discriminate on the basis of race if the employee is working in their home?

Does the Minister consider that it is inappropriate to allow people to discriminate on the basis of race in those circumstances and, if so, what action will she be taking to address this?

Answer

The Deputy is referring to Paragraph 8 of Schedule 2 to the Discrimination (Jersey) Law 2013.

This exception does not allow a person to discriminate against an employee who works in their home. As the explanatory note to the Discrimination Law describes in relation to this exception (P.6/2013), where a person is employed in domestic work, it is prohibited for the employer to discriminate against the employee, including in relation to the terms or conditions of their employment, access to training or benefits, or in their selection for dismissal or redundancy.

This limited exception permits a person to discriminate on grounds of race only when selecting a person for domestic employment, work within a private residence, or to look after a child in the child's home. This was based on the early UK discrimination legislation and was included because the Discrimination Law is not intended to intrude on the private and domestic arrangements made by individuals in their own households.

On the enactment of the Discrimination (Sex and Related Characteristics) (Jersey) Regulations on 1 September 2015, paragraph 8 will be replaced with the revised version that was adopted by the States in June 2015. The exception was amended following a request from the Health and Social Security Scrutiny Panel to ensure that domestic duties' would specifically include the provision of personal care for an adult.

The new paragraph 2F, Schedule 2, will ensure that a person may discriminate when selecting staff to undertake domestic work within their own home, including domestic work that involves child care or personal care for an adult. As with the current exception, this will be limited to recruitment decisions only, and discrimination will continue to be prohibited in relation to the treatment that employees receive once they are in post. For example, harassment of domestic staff on grounds of race will be unlawful in exactly the same way as for any other employee.

The Law is intentionally limited in the extent to which it restricts private life and the Minister appreciates that this exception is intended to ensure that a person can make a choice about who they engage to undertake domestic work in their own home. This is likely to be particularly important to people in relation to child care and personal care for an adult.

The Minister is aware, however, that the equivalent UK exception for domestic work was phased out over a period of time and has essentially been amalgamated into the general exception for occupational requirements. The Minister intends that, when she comes to consult on age discrimination later this year, she will specifically consult on whether the separate exception for domestic work, child care and personal care for an adult in private homes should be retained.

13. DEPUTY S.Y. MÉZEC OF ST. HELIER OF THE MINISTER FOR SOCIAL SECURITY REGARDING THE SUSPENSION OF PREGNANT WOMEN WHERE THERE IS DEEMED TO BE A HEALTH AND SAFETY RISK:

Question

Would the Minister explain what the logic is behind section 22 of the Discrimination (Sex and Related Characteristics) (Jersey) Regulations 2015 allowing for employers to suspend pregnant women without pay if there is deemed to be a health and safety risk?

Would the Minister undertake to put in place provisions to ensure women do not end up losing their income as a consequence of getting pregnant?

Answer

The Deputy is referring to Regulation 8 of the Discrimination (Sex and Related Characteristics) (Jersey) Regulations 2015 - adopted by the States six weeks ago - which would insert a new exception into the Discrimination (Jersey) Law 2013 at paragraph 22, Schedule 2.

Although this creates an exception under the Law, this provision taken in conjunction with all of the other changes that will come into force on the 1 September will improve the position considerably for pregnant and breastfeeding women.

An employer may currently be able to fairly dismiss a pregnant woman on capability grounds where there is a health and safety issue. From 1 September, it will be automatically unfair from day one of employment for an employer to dismiss an employee for reasons connected with her pregnancy.

In addition, if an employer is considering suspending a pregnant employee without pay for reasons relating to health and safety, there is currently no requirement to first consider allocating the employee to other duties. This exception will provide that such an act would not be an act of discrimination only if the following three circumstances apply;

1. It must not be reasonably practicable for the employee to continue working in her usual employment according to a risk assessment undertaken in accordance with the Health and Safety at Work (Jersey) Law 1989, and
2. It must not be reasonably practicable for the employer to allocate the employee to other duties, alter her duties or make appropriate changes to the working environment, and

3. The employer would not have treated another employee (without the characteristic of pregnancy/maternity) more favourably. If a man would have been suspended on full pay, for example, then this will be sex discrimination.

The purpose of this exception is to allow an employer to act within its established policies in relation to paid and unpaid suspension, or assignment to alternative duties on health and safety grounds. The strict tests that are applied mean that the exception will not apply if an employer has not actively considered what could be done in the workplace to control or reduce any risks, which in many cases would be minimal. An employer that wishes to rely on this exception would be expected to produce a written risk assessment.

There are few instances in Jersey of businesses or occupations that bring specific and direct risks to a pregnant or breastfeeding woman that would require significant action to protect the health and safety of the woman and/or the foetus. This is different from a situation in which a woman is unfit to work because of a pregnancy-related condition, in which case a woman is likely to be on sick leave in any case.

In the experience of the Jersey Advisory and Conciliation Service (JACS), instances of pregnancy- related suspension simply do not arise in Jersey and very few women are likely to be affected. JACS does not anticipate that this legislation will prompt employers to consider unpaid suspension given the hurdles that the employer must jump in order to meet the strict requirements of the exception. Where there is a health and safety issue relating to pregnancy (such as work with ionising radiation), JACS expect that most employers will be able to find alternative duties for the employee or will be able to control the risks to acceptable levels for a pregnant woman (such as by reducing the level of exposure to ionising radiation).

As well as being protected against detriment and dismissal on grounds of pregnancy and maternity under the Employment (Jersey) Law 2003, a woman would continue to be employed during the period of suspension and would continue to benefit from any other statutory and contractual employment rights. There is currently no statutory right to pay during any period of suspension from work, but an employee may be entitled via her terms of employment to pay during any period of suspension.

The legislation does not make provision to require employers to pay employees during any period of suspension from work and employment rights in relation to paid and unpaid suspension from work have not previously been consulted upon. If a statutory right to pay during periods of suspension is wanted, the Minister considers that this could be included in the consultation on a second phase of family friendly rights.

14. DEPUTY S.Y. MÉZEC OF ST. HELIER OF THE MINISTER FOR EDUCATION, SPORT AND CULTURE REGARDING THE FUTURE USE OF SPRINGFIELD STADIUM:

Question

Following the successful conclusion of the Island Games, what plans, if any, does the Minister have to ensure that Springfield Stadium continues to meet its potential as a sports venue and what consultations, if any, will he be conducting with the local residents to ensure that the community nearby is included in this process?

Answer

The NatWest Island Games was a great success for the whole community at all of the venues and I take this opportunity to thank Phil Austin, the Organising Committee and the many volunteers who spent so much time ensuring the Games went so well.

The new 3G Pitch at Springfield was used for 12 football matches during the week and I was delighted to see so many spectators attending these matches. The pitch was well received and admired by the competitors who played on it.

The decision to develop an artificial pitch has been key to ensuring that the venue meets its potential as a sports facility. Since the artificial pitch has opened the number of players using it is about 750 each week for training and matches. The previous grass pitch could only accommodate 50 football matches – that is approximately 1,500 players (based on 30 players taking part in each match) – in the entire year. This means that as many people now use it in two weeks as used to use it all year.

Further, I am pleased to report that Springfield pitch is now used by people of all ages from football affiliated groups as well as up to 140 local young people who use it under the guidance of the Community Development team each Friday evening. In the past the majority of users were senior footballers.

There are plans to increase usage even further and the aim is to have up to 1,000 players on the pitch each week. This will be in addition to the other user groups who use the gym, Blue Room, sports hall and nursery. Springfield is an excellent community facility which is well used by a wide range of islanders each week. These include many people on the Exercise Referral scheme. One of the challenges that the staff face is providing sufficient car parking spaces.

As someone that lives in the Parish, I have played an active role in meeting neighbours and constituents to listen to their concerns and protect their interests. It was my initial involvement with residents that resulted in some of the changes made by the department to accommodate their wishes.

Meetings have previously been called to inform the local residents of the developments planned for Springfield. These were arranged in partnership with the local Deputies and Constable. Recently, one of my officers met Deputy Mezec to discuss issues. I can confirm that we would be happy to support any residents' meeting the Deputy organises and are happy to meet residents at any time.

15. THE DEPUTY OF GROUVILLE OF THE MINISTER FOR PLANNING AND ENVIRONMENT REGARDING THE REDEVELOPMENT OF THE SITE AT KEPPEL TOWER:

Question

What has been the Department's total expenditure, in both legal fees, court costs and officer time, in relation to the re-development of the site at Keppel Tower, Grouville Coast Road and the Third Party Appeals, and what budgetary amount has been allocated to meet the cost of the Minister's latest appeal?

Answer

The direct legal costs paid to the Third Party Appellant and their legal team by the Department of the Environment (Department) in relation to the first Royal Court appeal are as follows:

£575 to Mrs Herold £8,550 to Vibert s law firm

To date, there have been no direct legal costs paid by the Department in association to the second Royal Court appeal.

The Department has not incurred any other legal and court costs associated to this matter. The department does not record Officer time associated with individual planning applications or appeals and is therefore unable to provide further information about this expenditure.

There is no budgetary amount set aside for the Minister's current appeal to the Royal Court's decision, but the costs are expected to be modest and the department has committed to fund any costs from existing revenue expenditure for 2015.

16. DEPUTY M.R. HIGGINS OF ST. HELIER OF THE MINISTER FOR TREASURY AND RESOURCES REGARDING THE CRIMINAL OFFENCES CONFISCATION FUND:

Question

Further to the response given to written question 8334 on 3rd June 2014, will the Minister provide full details of all monies received into and spent from the Criminal Offences Compensation Fund for each full year from 1st January 2012 and for the period from 1st January 2015 to date?

Answer

A detailed breakdown relating to Income and expenditure incurred from 2012 to date is listed in the table below:

In 2014 the Drug Trafficking Confiscation Fund (DTCF) ceased to exist and the balance of £1.3 million was transferred to the Criminal Offences Confiscation Fund (COCF).

17. DEPUTY  M.R. HIGGINS  OF  ST.  HELIER OF  THE  MINISTER  FOR ECONOMIC  DEVELOPMENT  REGARDING  INWARD  INVESTMENT BUSINESS:

Question

Further  to  the  Minister's  written  answer  to  question  1240/5(8869) asked  on  23rd  June  2015 regarding the 150 inward investment businesses that were trading and employing staff up to the end of December 2014, will the Minister set out for members a detailed breakdown of:

1. the nature of the 150 businesses, setting out what they do and jurisdictions they operate in;
2. the  1,319  jobs  that  were  created,  categorizing  them  into  administrative,  scientific,  operational, professional etc. so that the purpose of the jobs and their contribution to the Jersey economy can be ascertained;
3. a breakdown of the18% of the jobs that were filled by non-locally qualified people so that any skills lacking in the local jobs market can be identified;

4. what oversight there is, if any,to ensure that the firms or individuals comply with conditions, such as employment conditions, or any other such conditions, which are laid down by authorities in Jersey before their arrival in the Island?

Answer

1. Approved businesses are recorded by sector and the details areinthe table below. Details are not held regarding any other jurisdictions the business may operate in although it is taken into consideration as part of the application process.

2. Whilst a business may indicate in its application the specific roles it intends to create, enabling an assessment to be made as their benefit to Island, the business license does not stipulate job types and the business is free to create whatever types and level of roles it requires as dictated by the demands of the business. The numbers of jobs filled are then reported as part of the 6 monthly manpower return by business, but not broken down by the types of jobs that are filled (which would be onerous on the businesses).
3. Of the 18%, 121 are licensed positions granted to inward investment businesses where the principal or senior Directors relocated with the business as staff self-evidently essential to the business. The other 117 are registered staff with nearly half being in the retail sector. Where a business requires skilled staff for  a  particular role  they are referred  to the Employer  Engagement Team within Social Security Department (SSD)inthe first instance. If all local recruitment options have been exhausted then a businesscanapplyfor a non-locally qualified post but they must evidence all unsuccessful recruitment activity undertaken prior to any consideration. Skills gapsinthe local market canbe identified through this process by both SSD and the Housing & Work Advisory Group (HAWAG).
4. A business license is likely to be issued subject to one or more of the following conditions:

- Time limitation for non-locally qualified posts;

- Ability to either lease or purchase a property (licensed consents);

- Maintaining regulation by the JFSC (where appropriate);

- Performance of the business against targets set out in their business plan (for licensed consents).

Oversight of these conditions is the responsibility of the Population Office in terms of compliance with the licence conditions. Locate Jersey maintain an ongoing relationship with businesses that move to the island  and  continue  to  monitor  performance  against  the  business  plan  submitted  against  their application identifying support where required.

18. DEPUTY  M.R. HIGGINS  OF  ST.  HELIER OF THE  CHIEF  MINISTER REGARDING  A  PAYMENT  MADE  TO  THE  FORMER  TREASURER  OF THE STATES:

Question

Will the Chief Minister explain why payment of over a year's salary was made to the former Treasurer of the States who left her position "to spend more time with her family" and explain how such a payment and figure could be justified in the circumstances? Was this arrangement part of her contractual agreement and, if so, do any other States employees have a similar provision in their contracts and, if so, how many?

Answer

The financial arrangements for the former treasurer were agreed in accordance with the States Employment Board policy and guidance. This guidance was  implemented after review by the previous Comptroller and Auditor General (CAG) and was confirmed by him to be reasonable. It has been agreed with the current CAG that this issue will be reviewed again.

19. DEPUTYM.R.HIGGINSOFST.HELIEROF THE MINISTER FOR HEALTHAND SOCIAL SERVICES REGARDING PATIENT WELFARE ACTIVITIES:

Question

Will the Minister provide members with full details of all the hospitals used outside the Island to treat Jersey patients and of the patient welfare facilities and arrangements that have been put into place at each hospital in order to maximize the wellbeing of those patients during their treatment?

Answer

60 UK hospitals received Jersey patients over the last 12 months. A list of these hospitals is below. The vast majority of these hospitals care for our patients in their out-patient departments and Jersey patients will have the same facilities available to them as the local NHS UK patients. If the patient is admitted as an in-patient then they will be afforded the same facilities and welfare as local NHS UK patients.

In some cases, a patient is required to attend a UK hospital for a series of treatments over several days or even weeks. For these patients, accommodation is arranged. This varies by UK hospital. The department has specific accommodation agreements with a number of hospitals, indicated by an asterisk in the list.

The travel office, the overseas treatment team, the clinical teams and the UK patients' co-ordinator are all involved with helping patients with their specific needs or assisting with problems or concerns that may arise whilst they are in the UK.

The department's policy in relation to accommodation is set out below. The full Patient Travel Charges Policy is available on the gov.je website.

Accommodation

1. Patients receiving inpatient treatment at a UK hospital will normally be accommodated free of charge within the hospital. Patients receiving outpatient treatment or attending an outpatient appointment will be expected to travel on a dayreturn basis and hence accommodation will not be necessary. When it is not practical to re-arrange day return travel the accommodation costs will be an allowable expense, for the patient and their escort. Patients will be expected to make use of accommodation within the UK hospital where possible and when this is not possible patients will be expected to accept accommodation of a standard provided by a reasonable guest house. It will be expected for a patient and their escortto share a room unless there are exceptional circumstances. If a patient chooses to stay in higher qualityaccommodation the Department will only refund an amount equivalentto guest house accommodation.
2. Accommodation will not be provided for an escort accompanying a patient, unless the patient is in receipt of income support at the time of travel, when a maximum oftwo days

accommodation may be authorised by the Department.

3. Accommodation may be reimbursed based on the decision made by the referring consultant – exceptions may be made in some circumstances.
4. Accounts will be reimbursed to a maximum of £50 a night, on production of validated receipts.

Hammersmith Hospital

Hospital for Tropical Diseases, London In Health, Southampton

John Radcliffe, Oxford

Kings College Hospital

Moorfields Eye Hospital*

National Hospital, Queens Square

Norfolk and Norwich University Hospital

Nuffield Taunton

Optegra Solent Eye Clinic

Princess Elizabeth Hospital, Guernsey

Queen Alexandra Hospital, Portsmouth

Queen Elizabeth Hospital, Birmingham

Redford Court, Liverpool (Brain Injury Rehab Trust) Royal Bournemouth Hospital

Royal Brompton Hospital

Royal Devon & Exeter Hospital

Royal Free Hospital, London

Royal Hall amshire Hospital, Sheffield

Royal Marsden Hospital, Chelsea

Royal Marsden Hospital, Sutton

Royal National Hospital for Rheumatic Diseases Royal National Hospital for Rheumatic Diseases, Bath Royal National Orthopaedic Hospital, Stanmore Royal National Throat, Nose and Ear Hospital

Royal national, Queens Square

Royal Orthopaedic Hospital, Birmingham Royal Surrey Hospital, Guildford Salisbury District Hospital, Odstock South London and Maudsley Southampton / Nuffield Wessex*

Southampton General*

Southampton General - Bursledon House*

St Andrews Essex (Mental Health)

St George's Hospital, London

St Marks Hospital, Harrow

St Mary's Hospital, London

St Mary's Hospital, Portsmouth

Stoke Mandeville Hospital

UCLH*

University College Hospital Macmillan Cancer Centre Vincent Square Eating Disorder Service Wrightington Hospital, Wigan

Oral Questions

4.1 Deputy D. Johnson of St. Mary of the Minister for Treasury and Resources regarding tax policy in respect of debtor amounts:

Did the tax policy in the 2014 States of Jersey accounts not account for debtors for individuals paying tax on a prior year basis and, if so, will the Minister state why the debtor amount is not recognised in accordance with U.K. accounting policy; whether adopting such a policy would impact on the Medium-Term Financial Plan, and outline the impact on the debtor balance if the policy was adopted?

Senator A.J.H. Maclean (The Minister for Treasury and Resources):

No income is recognised for prior year basis taxpayers until a final assessment is raised in the year in arrears. The Jersey tax system cannot be compared directly with that of the U.K. (United Kingdom), as there are distinct differences in the way tax is assessed and collected which influenced the way in which revenue can be recognised. No provisional assessment or estimate is currently carried out for prior year basis taxpayers and the payments received through I.T.I.S. (Income Tax Instalment System) collection relate to prior year liabilities so revenue is recognised when a final assessment is raised a year in arrears. To recognise this revenue earlier would currently require the use of higher level forecast to estimate the values of those on a prior year basis. If circumstances supported recognising this revenue earlier it would result in an increase in income and debtors and the Consolidated Fund balance of about £300 million, all prior year basis income but this would not generate any more in-year cash.

The Deputy of St. Mary :

Thank you, Minister, for that reply. I have no further questions. [9:45]

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

The question was: how many prior year individual taxpayers are there and what total amounts of money might be assessed on prior year?

Senator A.J.H. Maclean:

How lucky the Deputy managed to get in just in time. [Laughter] What I can say is that in 2006 4.5 per cent of the tax collected from employment income was on a C.Y.B., which is a current year basis. The current year basis in 2014 is now 34.5 per cent and so there has been an increase and indeed for all new taxpayers they do operate and move on to a current year basis, so we are slowly moving towards current year basis.

2. Deputy G.P. Southern :

Supplementary, if I may? Is there any consideration being given at the moment to harmonising all sectors in the current year or vice versa?

Senator A.J.H. Maclean:

Yes. Treasury are keeping the matter under close review at the moment. It is not as straightforward as it might seem and indeed there are potential costs in terms of an accelerated transition but, as I have pointed out, between 2006 and 2014 there has been quite an increase anyway from 4.5 to 34.5 per cent. As I have said, we continue to monitor the situation and will update Members in due course if there is any activity to change the situation.

3. Deputy J.A.N. Le Fondré of St. Lawrence :

Just to pick up the Minister in his last comment, I have only briefly scanned the M.T.F.P. (Medium- Term Financial Plan) when it came in last night but there is a reference in part of that document about changing the treatment, I understood, of current year against prior year and how we are going to recognise the cash, I think. Could the Minister expand on that because it is slightly at odds, I think, to what he has just said in terms of it implies it is a bit more advanced in the M.T.F.P. than he has just indicated?

Senator A.J.H. Maclean:

It is not really more advanced and indeed the Deputy is very eagle-eyed to have spotted what he did spot. What we have done is that we have recognised the fact that there are a certain number of current year taxpayers, so that is money accrued in-year. So with a change to the accounting policy to recognise the current year taxpayers' revenue in the current year, which is what the Deputy is referring to, this has the effect of increasing the money in the Consolidated Fund that can be used as opposed to waiting until next year until it can be used and a sum of £60 million is therefore included and available in-year 2015. That is of course one of the benefits of the current year basis, which I think Deputy Southern was alluding to himself.

4. The Deputy of St. Mary :

I had a note from the Medium-Term Financial Plan that 34.5 per cent of tax is attributed to those payable on the cash basis. Would it not be possible, based on previous years, to at least include in the accounts some form of estimate as to what the tax might be gleaned from those paying on the preceding tax year basis?

Senator A.J.H. Maclean:

I will refer back to the Deputy with an accurate answer on that. I am not entirely sure to what extent that information would be accurate and therefore relevant for inclusion within the accounts. We would only want to put what we were satisfied was an accurate appraisal. Clearly the way in which we are dealing with the current year basis taxpayers, we do have an assessment for that, and that is why the accounting policy change has been introduced. But in terms of prior year, which I think the Deputy was referring to, I will refer back to him with a clearer view on what we might be able to do in the future with those taxpayers.

The Deputy Bailiff :

Deputy Higgins is malade so we come on to question 3.

2. Deputy G.P. Southern of the Chief Minister regarding the possible introduction of a National Living Wage:

What consideration, if any, has the Chief Minister given to moving from a minimum wage to a national living wage over the period of the Medium-Term Financial Plan, and does he agree that a living wage  in Jersey, were  it to be adopted, would be 20 per cent  higher than in the U.K. (including housing costs), and if not why not?

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

I would like to ask my Assistant Minister to act as rapporteur for this question. Members will be aware that I did have 13 oral questions this morning but due to Deputy Higgins' illness that has mercifully been reduced by 2. However, I am asking Senator Routier to take this question and you might wish to note, questions 4, 7, 13 and 18, so we could do those uninterrupted and I will take the remaining 6. Thank you.

Senator P.F. Routier (Assistant Chief Minister - rapporteur)

The United Kingdom has announced a compulsory national living wage or minimum wage starting at £7.20 per hour for those over 25 from April 2016. We have our own agreed policy to increase the minimum wage to 45 per cent of the mean average earnings by 2026. If we can achieve this sooner,  following the advice of the Employment Forum, that would be really positive. This Council of Ministers has clearly outlined its intention to increase living standards for Islanders and that this is best achieved through increasing productivity. This will deliver higher wages linked to increased profits. This would make work pay and reduce reliance on benefits. As to the 20 per cent figure quoted, there is no evidence to suggest that any rate in Jersey would need to be much higher than the United Kingdom.

1. Deputy G.P. Southern :

Has the Assistant Minister not read the publication of the Statistics Unit indicating that once you include house prices then costs in Jersey are 20 per cent higher than in the U.K. on average?

Senator P.F. Routier:

Of course I have read that. What I was relying on is the living wage report that was recently published, which quite clearly identified that Jersey's minimum wage, together with income support, does fulfil the needs of people living within our Island.

2. Deputy G.P. Southern :

Will the Assistant Minister refer to the 20 per cent figure and agree it or not now before we go on any further because he has not addressed that particular issue?

Senator P.F. Routier:

I have not got the evidence that suggests that would be the case.

3. Deputy J.A. Martin of St. Helier :

In the Minister's answer he said: "We are trying to achieve a figure by 2026." The U.K. are looking at £7.20 next year and definitely £9 by the year 2020. On our calculations in which year will we even reach the £9 figure?

Senator P.F. Routier:

I have not got that calculation here but certainly we need to be clear about what the U.K. have indicated they want to do, is that they are looking at £9 an hour for over 25s by 2020 but that is subject to economic growth during that time. They are hedging their bets, there is no doubt about it. They have made the statement quite clearly but they also make it very clear that it would be also down to the recommendations of the Low Pay Commission before .. they have made this aspiration out there but they certainly are wanting to ensure that the economic conditions are right to make that decision.

4. Deputy J.A. Martin:

A supplementary. Could the Minister find out which year we will reach that figure and will he not agree that the U.K. Government are also looking at employers to pay the money and to take away some tax credits so the employer is paying the money and not the Government in their form of income support, which they call tax credits? Would he not agree to get rich employers to pay the £9 or the £7.20?