States Meeting Transcript - 24th March 2015

STATES OF JERSEY OFFICIAL REPORT TUESDAY, 24th MARCH 2015

COMMUNICATIONS BY THE PRESIDING OFFICER ......................................5 The Bailiff :....................................................................................5

1. Welcome to His Excellency the Lieutenant Governor:...................................5
2. Vice-Dean acting as Dean Substitute during the absence from the Island of the Dean on sabbatical: ...............................................................................5
3. Greffier of the States – notification of intention to resign on 18th December 2015:......5 Senator I.J. Gorst :..............................................................................5

APPOINTMENT OF MINISTERS, COMMITTEES AND PANELS..........................5

2. Nomination of members of the Planning Applications Committee......................5

2.1 Connétable J. Gallichan of St. Mary (Chairman, Planning Applications Committee): ....5

QUESTIONS......................................................................................6

3. Written Questions........................................................................6

1. DEPUTY S.Y. MÉZEC OF ST. HELIER OF THE CHIEF MINISTER REGARDING E- GOVERNMENT:........................................................................6
2. DEPUTY G.P. SOUTHERN OF ST. HELIER OF THE MINISTER FOR TREASURY AND RESOURCES REGARDING TAX REVENUES:.................................6
3. DEPUTY M.R. HIGGINS OF ST. HELIER OF THE CHIEF MINISTER REGARDING THE INDEPENDENT JERSEY CARE INQUIRY:....................................11
4. DEPUTY M. TADIER OF ST. BRELADE OF THE CHIEF MINISTER REGARDING CHILD ABUSE INVESTIGATIONS:..................................................13
5. DEPUTY S.Y. MÉZEC OF ST. HELIER OF THE CHIEF MINISTER REGARDING THE DUAL OLE OF THE BAILIFF: ..................................................14
6. DEPUTY M.R. HIGGINS OF ST. HELIER OF THE CHIEF MINISTER REGARDING STATES EMAILS: ....................................................................15
7. DEPUTY M. TADIER OF ST. BRELADE OF THE MINISTER FOR EDUCATION, SPORT AND CULTURE REGARDING HAUT DE LA GARENNE:.................16
8. DEPUTY G.P. SOUTHERN OF ST. HELIER OF THE MINISTER FOR HOUSING REGARDING SOCIAL HOUSING:...................................................20
9. DEPUTY M.R. HIGGINS OF ST. HELIER OF H.M. ATTORNEY GENERAL REGARDING THE POLICE PROCEDURES AND CRIMINAL EVIDENCE (JERSEY) LAW 2003: .................................................................21
10. DEPUTY S.Y. MÉZEC OF ST. HELIER OF THE MINISTER FOR EDUCATION, SPORT AND CULTURE REGARDING POLITICAL EDUCATION IN SECONDARY SCHOOLS: ............................................................................22

11. DEPUTY M. TADIER OF ST. BRELADE OF THE CHAIRMAN OF PRIVILEGES AND PROCEDURES COMMITTEE REGARDING THE CODE OF CONDUCT FOR ELECTED MEMBERS:................................................................23
12. DEPUTY G.P. SOUTHERN OF ST. HELIER OF THE CHIEF MINISTER REGARDING TAX CO-OPERATION:................................................23
13. DEPUTY G.P. SOUTHERN OF ST. HELIER OF THE MINISTER FOR TREASURY AND RESOURCES REGARDING THE GIGABIT PROJECT:.......................24
14. DEPUTY M.R. HIGGINS OF ST. HELIER OF THE MINISTER FOR TREASURY AND RESOURCES REGARDING SOURCES OF TAX REVENUE:.................25
15. DEPUTY M.R. HIGGINS OF ST. HELIER OF THE MINISTER HEALTH AND SOCIAL SERVICES REGARDING CHILD AND ADOLESCENT MENTAL HEALTH SERVICES: .................................................................27
16. DEPUTY M.R. HIGGINS OF ST. HELIER OF THE MINISTER FOR HEALTH AND SOCIAL SERVICES REGARDING THE EMPLOYMENT OF SOCIAL WORKERS: 29

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

1. Deputy R. Labey of St. Helier of the Chief Minister regarding plans for the forthcoming commemoration of Liberation Day:....................................................33 Senator I.J. Gorst (The Chief Minister):......................................................33

1. Deputy R. Labey : ......................................................................34
   2. Deputy G.P. Southern of St. Helier of the Minister for Education, Sport and Culture regarding Higher Education grants in 2014:............................................34 Deputy R.G. Bryans of St. Helier (The Minister for Education, Sport and Culture):..........34

1. Deputy G.P. Southern :..................................................................34
2. Deputy G.P. Southern :..................................................................34
3. Deputy J.M. Maçon of St. Saviour:.....................................................35
4. Deputy G.P. Southern :..................................................................35

3. Deputy J.M. Martin of St. Helier of the Minister for Treasury and Resources regarding the progress made to date in relation to the new Police Headquarters:..................35 Deputy E.J. Noel of St. Lawrence (Assistant Minister for Treasury and Resources - rapporteur):.............................................................................35
4. Deputy M. Tadier of St. Brelade of the Minister for Housing regarding rents paid per calendar month by the existing tenants of the Andium Homes properties at 163-170 Le Clos des Sables:........................................................................36 Deputy A.E. Pryke of Trinity (The Minister for Housing):....................................36

1. Deputy M. Tadier :......................................................................36
2. Deputy T.A. Vallois of St. John:........................................................36
3. Deputy G.P. Southern :..................................................................36
4. Deputy S.Y. Mézec of St. Helier:.......................................................36
5. Deputy S.Y. Mézec :....................................................................37
6. Deputy M. Tadier :......................................................................37

5. Deputy S.Y. Mézec of the Chief Minister regarding the impact of measures announced recently by the U.K. Chancellor on aggressive tax avoidance and evasion: .............38 Senator I.J. Gorst (The Chief Minister):......................................................38

1. Deputy S.Y. Mézec :....................................................................38
2. Deputy G.P. Southern :..................................................................38
3. Deputy G.P. Southern :..................................................................39
4. Deputy M. Tadier :......................................................................39
5. Deputy S.Y. Mézec :....................................................................39

6. Deputy G.P. Southern of the Minister for Treasury and Resources regarding progress made towards resolving the Gigabit dispute:............................................39 Senator A.J.H. Maclean (The Minister for Treasury and Resources):.........................39

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

3. Deputy M. Tadier :......................................................................40
4. Deputy G.P. Southern :..................................................................41
5. Deputy G.P. Southern :..................................................................41

7. Deputy J.A. Martin of the Minister for Treasury and Resources regarding the potential provision of 40 private parking spaces for the Police in the area adjacent to the new Police Headquarters:....................................................................41 Deputy E.J. Noel (Assistant Minister for Treasury and Resources - rapporteur):..............41

1. Deputy J.A. Martin:....................................................................41
2. Deputy L.M.C. Doublet of St. Saviour:.................................................42
3. Deputy J.A.N. Le Fondré of St. Lawrence : .............................................42
4. Deputy J.A. Martin:....................................................................42

8. Deputy M. Tadier of H.M. Solicitor General regarding the criteria necessary for appeal mechanisms against decisions of Ministers and departments to be human rights compliant: ..............................................................................43 Mr. H. Sharp Q.C., H.M. Solicitor General:..................................................43

1. Deputy M. Tadier :......................................................................43
2. Deputy G.P. Southern :..................................................................43
3. Deputy G.P. Southern :..................................................................43

4. Deputy G.P. Southern :..................................................................44
5. Deputy M. Tadier :......................................................................44

9. Deputy S.Y. Mézec of the Minister for Treasury and Resources regarding progress made in finding a suitable public or community use for Piquet House:........................45 Senator A.J.H. Maclean (The Minister for Treasury and Resources):.........................45

1. Deputy J.A.N. Le Fondré:..............................................................45
2. Connétable J.E. Le Maistre of Grouville :...............................................45

5. Questions to Ministers without notice - The Minister for External Relations.........46

5.1 Deputy M. Tadier :......................................................................46 Senator P.M. Bailhache (The Minister for External Relations):...............................46

5.1.1 Deputy M. Tadier :......................................................................46

6. Questions to Ministers without notice - The Chief Minister............................47

1. Deputy S.Y. Mézec :....................................................................47 Senator I.J. Gorst (The Chief Minister):......................................................47

1. Deputy S.Y. Mézec :....................................................................47
   2. Connétable S.A. Le Sueur -Rennard of St. Saviour:.....................................47

6.2.1 The Connétable of St. Saviour:.........................................................48

3. The Deputy of St. John:................................................................48

6.3.1 The Deputy of St. John:................................................................49

4. Deputy L.M.C. Doublet :................................................................49
5. Deputy M. Tadier :......................................................................49
6. Deputy G.P. Southern :..................................................................49
7. Deputy S.Y. Mézec :....................................................................50
8. Deputy G.P. Southern :..................................................................50

6.8.1 Deputy G.P. Southern :..................................................................50

PUBLIC BUSINESS.............................................................................51

7. Draft Video Recordings (Amendment) (Jersey) Law 201- (P.10/2015)................51

1. Deputy M.J. Norton of St. Brelade (Assistant Minister for Economic Development - rapporteur):.............................................................................51
2. Deputy M.J. Norton:....................................................................52

8. Gas Tariffs: reduction (P.18/2015) - as amended.......................................52

8.1 Deputy G.P. Southern :..................................................................52

9. Committee of Inquiry: Historical Child Abuse - additional funding (P.20/2015)......53

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

ADJOURNMENT................................................................................56

2. Committee of Inquiry: Historical Child Abuse - additional funding (P.20/2015) - amendment (P.20/2015 Amd.)...........................................................57

1. Deputy M. Tadier :......................................................................57
2. Senator I.J. Gorst :......................................................................59
3. Deputy S.Y. Mézec :....................................................................59
4. Deputy M. Tadier :......................................................................60

9.3. Committee of Inquiry: Historical Child Abuse - additional funding (P.20/2015) - resumption...............................................................................63

1. Deputy S.G. Luce of St. Martin : ........................................................63
2. Connétable M.P.S. Le Troquer of St. Martin:...........................................65
3. Senator P.M. Bailhache : ................................................................67
4. Deputy E.J. Noel: ......................................................................70
5. Deputy J.A.N. Le Fondré:..............................................................72
6. Deputy S.M. Wickenden of St. Helier:..................................................73
7. Senator Z.A. Cameron:.................................................................74
8. Deputy K.C. Lewis of St. Saviour:......................................................75
9. The Deputy of Trinity :..................................................................75
10. Senator A.K.F. Green:...............................................................76
11. Deputy J.A. Martin: .................................................................77
12. Deputy R.J. Renouf of St. Ouen : ....................................................78
13. Deputy G.P. Southern : ..............................................................79
14. Connétable C.H. Taylor of St. John:.................................................80
15. Deputy S.Y. Mézec :.................................................................80
16. Deputy P.D. McLinton of St. Saviour:...............................................81
17. Deputy D. Johnson of St. Mary : .....................................................82
18. Deputy M.J. Norton: ................................................................83
19. Deputy S.J. Pinel:....................................................................83
20. Connétable J.M. Refault of St. Peter:................................................84
21. Senator A.J.H. Maclean:.............................................................86
22. Deputy S.M. Bree of St. Clement:...................................................88
23. Senator P.F. Routier:................................................................89
24. Deputy C.F. Labey of Grouville :....................................................90

ADJOURNMENT................................................................................91

[9:31]

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

The Bailiff :

1. Welcome to His Excellency the Lieutenant Governor:

I turn to the Order Paper and firstly A, communications from the Chair. I am very pleased to welcome as usual His Excellency the Lieutenant Governor. [Approbation]

2. Vice-Dean actingasDeanSubstituteduringtheabsencefromtheIslandoftheDeanon sabbatical:

Secondly, I received noticed and the more hawk-eyed of Members may have noticed themselves that we had the Vice Dean saying prayers this morning. So he is acting as Dean Substitute for the duration of the Dean's absence from the Island on sabbatical. [Approbation]

3. Greffier of the States – notification of intention to resign on 18th December 2015: Thirdly, I am giving notice to Members that I have received notice from the Greffier that he will be resigning from office on Friday, 18th December. He has been Deputy Greffier for 2 years and 13 years as Greffier, and this is not the time for long tributes to him but I pass on that information to Members because I know there is some concern that he is leaving us and I know that all Members, like me, will want to extract as much knowledge from him as possible [Laughter] over the next 9 months. [Approbation]

Senator I.J. Gorst :

Perhaps, as you rightly said, I appreciate that now is not the time to thank the Greffier for his service to all Members but if I could just say that we are extremely grateful for his dedication, his service, his impartiality, his often action beyond the call of duty into the long hours of the night and we look forward to paying fuller tribute to him in due course. [Approbation]

APPOINTMENT OF MINISTERS, COMMITTEES AND PANELS

2. Nomination of members of the Planning Applications Committee The Bailiff :

Chairman, are you able to tell us how many members you wish to appoint to the Planning Applications Committee and who they might be.

2.1 Connétable J. Gallichan of St. Mary (Chairman, Planning Applications Committee):

Indeed, I am, thank you. In accordance with Standing Order 125A I would like the committee to consist of 5 members plus myself, so 6 in total. I am particularly delighted that the members of the last incarnation of the Planning Applications Panel have all agreed to put their names forward and I therefore nominate the Constable of Trinity , Deputy J.M. Maçon of St. Saviour, Deputy R.J. Rondel of St. Helier , Deputy R. Labey of St. Helier and Deputy G.J. Truscott of St. Brelade .

The Bailiff :

Is that seconded? [Seconded] Are there any other nominations? Very well, then I declare the Connétable of Trinity , Deputy Maçon, Deputy Rondel, Deputy Labey and Deputy Truscott appointed as members of the Planning Applications Committee. [Approbation]

QUESTIONS

3. Written Questions

1. DEPUTY S.Y. MÉZEC OF ST. HELIER OF THE CHIEF MINISTER REGARDING E-GOVERNMENT:

Question

Further to the Minister's answer tabled on 10th March 2015 to question 8666, could a breakdown of the £219,000 spent on the implementation phase of e-Government be provided and could the Minister further explain what tangible benefit can be attributed to the cost of attempting to implement e-Government so far?

The Chief Minister has stated  in the Assembly that he is aiming to produce a new timetable for the implementation of e-Government, could he therefore indicate when that timetable will be completed?

Answer

£206,000 represents the full costs of the e-Government team, which numbered 3 FTE, in 2014. The balance of £13,000 was for a mix of internal communications, a research trip to Estonia and supplies such as computer hardware and software.

The e-Government team has supported delivery of a number of tangible benefits, including a design and business case for e-Government which was approved by the Council of Ministers and remains in place. Work is also progressing on digital identification, to allow customers to access services online.

Smaller, although still significant, elements of work include initiatives in various departments, such as the ability to pay social security contributions online. We will soon be offering online planning submissions.

A new approach to e-Government is being developed and we expect to start procuring services in May 2015. Activity on e-Government continues to progress during this re-planning phase. A number of e-Government projects are already underway, and more have been started since January. This ensures that while we develop complex technical design in the background, we are delivering improved services to customers in the foreground.

2. DEPUTY G.P. SOUTHERN OF ST. HELIER OF THE MINISTER FOR TREASURY AND RESOURCES REGARDING TAX REVENUES:

Question

Following the Minister's response on 9th December 2014 to question 8570, which revealed that the proportion of taxpayers paying tax at the 20% rate has fallen from 32% to 14% over the period 2007 to 2013, will the Minister inform members what proportion of overall income tax revenues were paid over this period by those on the 20% and those on the marginal (27%) rate?

Will the Minister further show how individual changes to allowances and the introduction of "20 means 20" measures has affected both numbers of taxpayers and revenues collected over this period?

Can he also state the extent to which the loss of 8,500 taxpayers at the standard (20%) rate is a reflection of increased numbers of low-skill, low-paid employment rather than high?

Can the Minister further account for the reduction in the overall number of taxpayers from over 47,000 to 44,700 in a period when population continued to grow, despite the recession?

Given the above changes in tax revenues can the Minister provide the full update of all States income forecasts following the provisional 2014 outturn figures, and if not, when will he be in a position to do so?

Answer

Following the Minister's response on 9th December 2014 to question 8570, which revealed that the proportion of taxpayers paying tax at the 20% rate has fallen from 32% to 14% over the period 2007 to 2013, will the Minister inform members what proportion of overall income tax revenues were paid over this period by those on the 20% and those on the marginal (27%) rate?

Analysis of Individual Taxpayers:

The above data was extracted from Taxes Office systems on 18 March 2015

Individual Taxpayers include:

• Single individuals.
• Married couples / civil partnerships that have not opted for separate assessments (these count as one taxpayer)
• Married couples / civil partnerships that have opted for separate assessments (these count as two taxpayers)

Will the Minister further show how individual changes to allowances and the introduction of "20 means 20" measures has affected both numbers of taxpayers and revenues collected over this period?

20 means 20' involved the gradual withdrawal of certain tax allowances from taxpayers with higher incomes between 2007 and 2011. This did not affect the total number of taxpayers.

There were almost 15,000 taxpayers (standard rate taxpayers) who would have been affected by'20 means 20' in 2007, the first year in which the withdrawal of allowances commenced. A significant number of these taxpayers switched from being standard rate taxpayers to being marginal rate taxpayers (from which point they kept their allowances and deductions) between 2007 and 2011. These movements are outlined in the answer to question 8570 (and repeated above).

'20 means 20', bearing in mind the compensating increases in the exemption thresholds at the same time, aimed to increase the amount of income tax revenue collected by about £10m by 2012. (Budget 2007)

Can he also state the extent to which the loss of 8,500 taxpayers at the standard (20%) rate is a reflection of increased numbers of low-skill, low-paid employment rather than high?

The movement of taxpayers between the standard rate (with few allowances) to the marginal rate (with a broader range of allowances and deductions) was mainly due to 20 means 20' and to a lesser extent the annual increases in the exemption thresholds. (See Appendix A for an illustration of a taxpayer transitioning from paying tax at the standard rate to becoming a taxpayer that benefits from marginal relief).

Changes in the number of people employed or the mix of employment between 2007 and 2013 have been much less significant. Total employment increased by 1,180 over this period, with growth concentrated in sectors of the economy where average earnings are close to the average (as measured by the median) for the economy as a whole such as private education and health, other services and computer related activities. These trends in employment are likely to have increased the number of marginal rate taxpayers and not had a significant effect on the number of standard rate taxpayers.

Can the Minister further account for the reduction in the overall number of taxpayers from over 47,000 to 44,700 in a period when population continued to grow, despite the recession?

For the avoidance of doubt in answering this question and question 8570 an individual taxpayer is an individual or married couple/civil partnership who has a positive liability in Jersey for the tax year based on their income, allowances and deductions.

Single persons and married couples/civil partnerships that have not opted for separate assessment are counted as one individual taxpayer. Married couples/civil partnerships that have opted for separate assessment will count as two individual taxpayers.

The total number of people paying income tax is affected by many factors, the most important being:

• How fast incomes are increasing (typically earnings but also pensions and investment income, for example).
• How fast the exemption thresholds are increasing.
• Changes in the number of employed people and those earning income. The number of employed people increased in 2008 and remained broadly flat thereafter.

In 2008, 2009, 2012 and 2013, the exemption threshold increases were 6.5%, 5%, 4.5% and 3.0% respectively, which were higher than earnings growth in each year. This would have meant that some taxpayers with a small tax liability in the previous year became "non-taxpayers", dropping out of the income taxpayer number totals in these years.

In 2007, 2010 and 2011, the exemption threshold increases were 2.5%, 0% and 1.1% respectively, which were less than earnings growth in each year. In these years, taxpayers with small tax liabilities were less likely to become non-taxpayers because their incomes were more likely to increase in line with (or above) the increase in the exemption thresholds.

In 2008 (and 2011) the number of income taxpayers increased slightly. The increases in employment in these years would have contributed to this, alongside the income and exemption threshold effects described above. Similarly, in the years when employment fell slightly it is likely to have put downward pressure on the number of tax payers.

Total employment and number of income taxpayers (with a tax liability) 2007-2013

60,000

Total employment, annual average (FTEs) 58,000

Income taxpayers with a tax liability 56,000

54,000

52,000

50,000

48,000

46,000

44,000

42,000 40,000

2007 2008 2009 2010 2011 2012 2013

Percentage increase on previous year

Year of assessment 2007 2008 2009 2010 2011 2012 2013 Exemption threshold increases 2.5% 6.5% 5.0% 0.0% 1.1% 4.5% 3.0%

Given the above changes in tax revenues can the Minister provide the full update of all States income forecasts following the provisional 2014 outturn figures, and if not, when will he be in a position to do so?

Although provisional outturn data for 2014 has been received it is still subject to audit. The Income Forecasting Group (IFG) are reviewing the 2014 outturn, as part of a range of relevant data, as they prepare their recommendation for future States Income forecasts that will be used in the MTFP 2016-2019. The Minister is therefore  not in a position to be able to elaborate on these draft forecasts but will do so as soon as he is satisfied that they have been fully validated.

Appendix A

The following chart helps to illustrate how an individual taxpayer (subject to a specific set of circumstances – i.e. income £100,000, married, 2 children, mortgage interest of £13,500) transitions from being a standard rate taxpayer to a taxpayer that benefits from the marginal relief calculation as a result of the phasing out of allowances for standard rate taxpayers over the period from 2006 to 2011.

Individual Taxpayer: Income £100,000 Married, 2 children, mortgage interest of £13,500

Tax threshold increase: 0% 2.5% 6.5%  5.0% 0.0% 1.1% Notes on chart:

1. The effects of the phasing out of allowances for standard rate taxpayers under 20 means 20' over this period are clearly illustrated by the blue bars on the chart. This demonstrates that the standard rate tax calculation in respect of this taxpayer increases in steps as the allowances are withdrawn.
2. The movement in the marginal tax calculation (red bars) reflects the movement in the tax exemption thresholds over this period.
3. The specific effect on this taxpayer is:-

• 2006 to 2008: The taxpayer is a standard rate taxpayer affected directly by 20 means 20' with an increasing annual tax liability reflecting the phasing out of his allowances.
• In 2009 for the first time the taxpayer benefits from the marginal tax calculation. Whilst he is still paying more tax in 2009 than in the previous year, marginal relief is beneficial to him as the allowances in 2009 have increased the standard rate tax to a figure that is higher than the tax due in accordance with the marginal tax calculation.
• 2010 and 2011: The taxpayer, now firmly in the marginal relief band, is no longer affected by the phasing out of allowances in 2010 and 2011. The variation in his tax liability is therefore solely a consequence of the changes in the income tax exemption thresholds.

3. DEPUTY  M.R. HIGGINS  OF  ST.  HELIER  OF THE  CHIEF  MINISTER REGARDING THE INDEPENDENT JERSEY CARE INQUIRY:

Question

Further to the answer to question 8674 of 10th March 2015 regarding the Independent Jersey Care Inquiry, can the Chief Minister detail:

1. In 3(b):

• the proportion spent on representing individuals (including their number) and the department;
• full details of expenditure under each heading;

• whether the States is funding legal advice/representation for former States employees/members, and, if so, how many, and why;

2. In 3(c):

• costs incurred by the bodies listed;
• whether additional staff have been employed by/seconded to the bodies listed, how many, in what areas, for what duration, and at what cost;
• whether the original roles of secondees have been recruited to and at what cost;

3. In 4:

• expenditure on lawyers, broken down by type of work undertaken;
• the law firms involved and the number of lawyers and other staff employed to undertake Inquiry work; how much each firm is being paid; the charge-out rate for each member of staff and the average cost to date;
• the number of ex-gratia payments made and the median compensation paid out to claimants;

4. The nature and cost of professional, hired and sundry services provided;
5. The accounting officer(s) for all States expenditure directly attributed to the Inquiry todate? Answer

Further to the answer provided to written question 8675 tabled on Tuesday 10th March 2015 regarding the Independent Jersey Care Inquiry, the following additional information can be provided.

1. Lawyers representing departments and individuals (item 3b in the previous answer)

The Departments seek to provide their fullest support to the Inquiry in discharging its Terms of Reference. Where current or former employees have indicated that they wish to give evidence to the Inquiry, or where the Inquiry has requested them to do so, the Departments are conscious that these current and former employees are unlikely to have given evidence in public before. As a result, Lacey Advocates have been instructed to work with, advise and support current and former employees, who wish, or who are required, to give evidence to the Inquiry. Where allegations have been made against current or former employees of unlawful conduct, Departments are not funding any legal costs incurred in responding to any such allegations. Should current or former employees require legal advice on such matters, they must obtain this either through the Inquiry or from their own lawyer at their own expense. As Phase 1b (evidence from staff) has not yet commenced, it is not known how many current and former employees will be required to give evidence. To date, approximately fifteen employees have sought the assistance described above. Financial recording and billing systems are not able to provide an analysis of costs according to the individuals being represented.

2. Further details of departments' costs (item 3 in previous answer)

The costs incurred by the bodies listed were identified in part 3 of the earlier answer.

In relation to staffing, the States of Jersey Police have contracted four staff on a part time basis (the HOLMES Team) to assist during the Inquiry at a cost of £113,629 up to the 31st December 2014, as reported in the previous answer. The Chief Minister's Department has seconded three officers to work with

Lacey Advocates for the duration of the Inquiry at a cost of £129,750 up to the 31st December 2014, as reported in the previous answer.

3. Further details regarding Inquiry and Redress Scheme costs (items 3 and 4 in previous answer)

Two law firms are involved in undertaking work for the Independent Jersey Care Inquiry, Eversheds as Solicitors to the Inquiry and Outer Temple Chambers as Counsel to the Inquiry. The costs for law firms engaged to support the Independent Jersey Care Inquiry are: Eversheds £2,193,323 up to the 31st December 2014; Outer Temple Chambers £545,480 up to the 31st

December 2014.

Two law firms are involved in undertaking work for the States of Jersey in relation to the Independent Jersey Care Inquiry, Lacey Advocates and Carey Olsen. The costs for law firms engaged to support Departments are: Lacey Advocates £747,888 up to the 31st December 2014; Carey Olsen £471,298 up to the 31st December 2014.

The number of staff engaged by these firms on work relating to the Inquiry varies over time based on the nature of the work for each phase. The Independent Jersey Care Inquiry Information Index sets out the categories of information held by the Inquiry, which information can be made publicly available and how it can be obtained. The charge out rates are commercially sensitive and therefore unavailable for release. Financial recording and billing systems are not able to provide a ready analysis of costs according to the type of work undertaken.

In relation to the Redress Scheme, to date the total number of ex-gratia payments made is 116, with the median compensation paid out to claimants being £12,750, at a mean of £17,820.

4. Redress Scheme costs: professional, hired and sundry services provided (listed under item 4 in previous answer)

Professional, hired and sundry services include medical and psychiatric assessments as well as ad hoc payments including, for example, research by UK forensic data confirmation services. Total cost to the end of December 2014 amounts to £100,683, as reported in the previous answer.

5. Accounting Officers

The Accounting Officer for the Independent Jersey Care Inquiry expenditure is the Greffier of the States. It should be noted, however, that due to the need for the Inquiry to operate independently, the Inquiry Panel has directed the expenditure and the Greffier of the States has not been in a position to influence spending in the usual manner expected of an Accounting Officer.

The Accounting Officers for the relevant departments are responsible for spending in relation to the Inquiry within their departments. It should be noted, however, that this expenditure arises generally from responding to the requirements and requests of the Inquiry.

4. DEPUTYM.TADIEROFST.BRELADEOF THE CHIEF MINISTER REGARDING CHILD ABUSE INVESTIGATIONS:

Question

Will the Chief Minister, as Chairman of the States Employment Board, explain why States employees who were known to be under investigation for alleged child abuse were not suspended as a neutral act whilst investigations were taking place? Has the Chief Minister reviewed this policy, and is he satisfied that sufficient safeguarding measures are in place to stop alleged abusers working with vulnerable individuals whilst allegations are being investigated?

Will the Chief Minister inform members how many current and past States employees were investigated in relation to child abuse and how many remained in active employment during that time?

Answer

The decision to suspend, as a neutral act, any States employee under investigation is taken on a case by case basis. The primary consideration in relation to any "return to work" assessment is the risk to the public and is dependent upon the role undertaken by the individual. The policy in relation to suspension was last reviewed by the States Employment Board on 25th March 2011.

Where allegations of abuse are under investigation by the States of Jersey Police, senior officers from the Human Resources Department liaise with both the Law Officers Department and the States of Jersey Police to ensure that decisions are made as to when and if it is safe for an individual to return to work during or after an investigation. The States of Jersey Police inform the Department if they have concerns about an individual returning to the workplace and this enables the Department to fulfil its responsibilities as set out in the safeguarding partnership board memorandum of understanding, ensuring that measures are in place to stop alleged abusers working with vulnerable individuals while allegations are being investigated.

The States Employment Board does not maintain a record of the number of current and past States employees who have been investigated in relation to child abuse. Since 2010 and the introduction of the Sex Offenders Law, Jersey Multi-Agency Public Protection Arrangements (JMAPPA) have been in place. The States of Jersey Police Offender Management Unit, through the National Visor' IT network, maintains a register of all convicted sex offenders and liaises with UK forces over the movement of any offenders across borders.

5. DEPUTY S.Y. MÉZEC OF ST. HELIER OF THE CHIEF MINISTER REGARDING THE DUAL OLE OF THE BAILIFF:

Question

Does the Chief Minister intend to lodge a proposition to end the dual role of the Bailiff and, if so, what does he intend to propose as an alternative for the role of Presiding Officer of the States Assembly? Given the Chief Minister's stated support for an end to the dual role of the Bailiff , will this be a matter for which collective responsibility will apply?

Answer

I have previously clearly expressed my view both during the debate on this matter last year and during the election period. I have said that this is a complex issue on which we need to start a conversation with the community.

I hope that PPC might consider taking the lead in initiating this conversation and I will be writing to PPC about it in due course.

6. DEPUTY M.R. HIGGINS OF ST. HELIER OF THE CHIEF MINISTER REGARDING STATES EMAILS:

Question

Will the Chief Minister advise Members whether a decision has been taken by the Corporate Management Board (CMB) to delete all emails that are more than 2 years old from States computers and servers and, if so, will he advise whether:

1. he, or the Council of Ministers as a collective body, or any individual Minister, gave their consent to the CMB prior to its decision;
2. the CMB, the Chief Minister, Council of Ministers, collectively or as individual Ministers, received legal advice from the Law Officers' Department before the CMB made its decision to delete the emails;
3. there were any exceptions to the deletion policy and, if so, in what circumstances;
4. is aware that emails have been instrumental in proving guilt or innocence in criminal trials, proving miscarriages of justice or helping the States defend itself in civil actions for damages brought against it;
5. will he seek to reverse the policy of the CMB relating to email deletion? Answer

The States has an automated email archive system that records all email sent and received to gov.je accounts. This email archive is retained to restore data if it becomes corrupted or is lost. Information Services implemented this system on Friday 4th May 2012.

After taking into account the information requirements stipulated in the Public Records (Jersey) Law 2002, Data Protection (Jersey) 2005 Law and the Freedom of Information (Jersey) Law 2011, the Corporate Management Board decided that these archived emails should be retained for two years. This policy was implemented on 17th October 2014.

This process does not delete emails from all computers and servers. Each department has its own records retention policy, and the automatic deletion of emails from the backup server does not affect emails saved in user files or on official records management systems.

1. The Corporate Management Board is responsible for theoperationof the publicsector.It would not be a requirement to consult the Council of Ministers about a retention policy for an email archive system.
2. Departments are required to handle information in documents, applications and emails in accordance with their retention schedules and legal obligations. Retention schedules are determined by the business needs of departments and are reviewed and approved by Chief Officers and Jersey Archive. As approved business retention schedules are in place, CMB, the Chief Minister, Council of Ministers, collectively or as individual members did not seek legal advice on the retention period for the email archive system.
3. There are no exceptions to the automatic removal of email from the email archive system.

4. There is awareness that emails have been used as evidence in both civil and criminal trials. However that does not mean we should maintain an email archive in perpetuity. Emails that constitute official records are required to be kept in an appropriate business records management system.
5. The Corporate Management Board has the authority to make operational decisions and I will not seek to reverse the email archive retention policy.

7. DEPUTY M. TADIER OF ST. BRELADE OF THE MINISTER FOR EDUCATION, SPORT AND CULTURE REGARDING HAUT DE LA GARENNE:

Question

Will the Minister provide a list of the names of all the governors and members of the Board of Governors (or equivalent) of Haut de la Garenne from 1945 until its closure? In particular, will the Minister highlight which politicians, past or present, if any, held such positions?

Answer

The  documents  held  by  the  Department  for  Education,  Sport  and  Culture  do  not  record  the existence of a separate Board of Governors for Haut de la Garenne. The States Committee with political responsibility for Haut de la Garenne was the Public Instruction Committee from 1945 to 1955, and this was renamed the Education Committee by Act of the States in January 1955. In December 1959 the Education Committee decided to establish a sub-committee to deal with all matters relating to child welfare', and this body was still in existence when Haut de la Garenne closed in December 1986.

A list of names of the members of the sub-committee is given in Appendix 1, together with their membership status (i.e. States member' or co-opted member') and the periods in which they served as members. For the sake of completeness a list of the members of the Public Instruction and Education Committees is also attached as Appendix 2 for the period 1945-1986.

APPENDIX 1

Membership of Childrens' Sub-Committee

Name Membership Status From: To:

Deputy Mrs P Green States Member January 1961 December 1963 Deputy K.A. Baal States Member January 1961 December 1961 Deputy C.A. Goodwin States Member January 1961 December 1961 Deputy F.E. Luce States Member January 1962 May 1965 Constable E.W. Vautier States Member January 1962 February 1963 Deputy A.C. Queree States Member January 1964 June 1969

Mrs A.P. Lakeman Co-opted January 1964 December 1966

Mrs St. J Birt Co-opted January 1964 December 1967 Mr R.G. Malzard Co-opted January 1964 December 1965 Constable R.H. Le Cornu States Member October 1965 June 1975

Mrs J.B. Norton Co-opted January 1966 December 1968 Mrs L. Picot Co-opted January 1967 December 1969 Mrs A.T. Chamier Co-opted January 1968 December 1970 Mrs R. Pilkington Co-opted January 1969 December 1972 Deputy J. Le S. Gallichan States Member June 1969 December 1969 Mrs E.C. Quenault Co-opted January 1970 December 1973 Deputy P.G. Mourant States Member December 1969 December 1978 Mrs M. Le Ruez Co-opted January 1971 December 1974 Mrs A. Baal Co-opted January 1973 December 1975 Father F. Isherwood Co-opted January 1973 March 1976 Mrs E.J. Becquet Co-opted January 1974 December 1977 Mrs E. Le Boutillier Co-opted January 1975 December 1978 Deputy A. Baal States Member January 1976 December 1981 Mrs. R. Hambly Co-opted January 1976 December 1981 Mr. K.R. Barette Co-opted January 1977 December 1980 Mr. A. Colback Co-opted January 1978 December 1980 Mrs N. Yates Co-opted January 1979 September 1980 Deputy E.C. Quenault States Member January 1979 Beyond 1986 Mrs C.F. Skinner Co-opted September 1980 February 1985 Advocate R.F.V. Jeune Co-opted January 1981 December 1985 Deputy P.G. Mourant States Member December 1981 February 1985 Mrs N. Queree Co-opted January 1981 June 1983

Mrs M. Pallot Co-opted January 1981 December 1985

APPENDIX 2

Membership of Public Instruction and Education Committees

Name

Le Quesne P. Deputy Jan-46 Dec-49 President Collas W.J.J. Jurat/Senator Jan-46 Dec-54

Hornby Rev R.S. Rector Jan-46 Dec-48

Avarne C.H.B. Deputy /Senator Jan-46 Feb-51

Le Marinel Very Rev Canon Rector Jan-46 Dec-48

Le Boutillier F. Constable Jan-46 Apr-50 Krichefski W.H. Deputy Jan-46 Dec-48

Ryan  D. Deputy Dec-48 Dec-51

Le Marquand John Deputy /Senator Dec-48 Dec-68 President

Feb 1952 Le Marquand J.J. Deputy Dec-48 Dec-52

Le Brocq E.H. Deputy Jan-50 Feb-52 President

Jan 1950 Baudains J.W. Constable Apr-50 Oct-62

Morrison H.H. Deputy Feb-51 Sep-54

Crill P.   Deputy Dec-51 Apr-58 Macpherson Brigadier R.C. Deputy Mar-52 Dec-63

Simon W.J.J. Rider Rev R.J. Vibert R.

Le Brocq R.F. Baal K. Goodsman C.A. Vautier E.W. Green Mrs P. Luce F.E. Jeune R.R.

Huelin Mrs G.C.

Queree A.C.

Riley Major J.R.C. Letto M.

Le Cornu R.H. Gallichan J. Le S. Cabot P.G.

Le Brocq R.F.

Le Ruez S.P.

Le Gresley H.F.

Huelin  Mrs G.C. White L.H. Mourant  P.G.

Deputy Deputy Deputy

Deputy

Deputy

Deputy

Constable of St Ouen Deputy

Deputy Deputy /Senator

Deputy

Deputy Deputy Deputy Constable Deputy Deputy Senator Deputy Deputy Senator Senator Deputy

Dec-54 Dec-59

Dec-54 Dec-60

Dec-57 Dec-60 Reappointment June 1970

Jul-58 Dec-59

Jan-59 Dec-59

Dec-60 Oct-61

Jan-62 Jul-64

Dec-52 Dec-63

Jan-63 Apr-65

Oct-62 Dec-84 President

Jan 1969 Jul-63 Dec-63 Reappointment

Jan 1969 Jan-64 Jun-69

Jan-64 Dec-66

Jan-64 Jan-66

Jun-65 Jul-75

Nov-65 Dec-68

Feb-66 Jun-67

Jan-67 Jun-67

Jul-67 Dec-75

Jun-68 Dec-75

Jan-69 Dec-75

Jan-69 Jun-70

Jan-69 Dec-87 President

Jan 1985

Vibert R.

Le Maistre J.A.

Le Brocq A.D. Baal Mrs A Quenault Mrs E.C. Troy B.E. Sandeman  Mrs J.P. Horsfall P.F.

Le Maistre C.A. Vibert R.

Le Feuvre I.M.

Rumboll R.E.

Wavell M.A. Dubras H.L. Baudains H.H.

Senator

Deputy /Senator Deputy

Deputy Deputy Deputy Senator Senator Constable Senator Constable

Deputy

Deputy Deputy Deputy

Jun-70 Dec-72 Reappointment

Dec 1984 Jan-73 Dec-84

Oct-75 May-83

Jan-76 Dec-81

Jan-76 Dec-87

Jan-76 Dec-78

Jan-79 Dec-84

Jan-82 Dec-84

Jun-83 Dec-84

Dec-84 Aug-86

Dec-84 Sep-95 President

April 1988 Dec-84 Apr-88 President

Dec 1987 Dec-84 Dec-87

Dec-84 Dec-90

Nov-86 Dec-87

8. DEPUTY G.P. SOUTHERN OF ST. HELIER OF THE MINISTER FOR HOUSING REGARDING SOCIAL HOUSING:

Question

Will the Minister inform members what proportion of social housing units, whether properties of Andium Homes or of other trust providers, are categorised as under-occupied?

Of this number, what proportion are:

1. pensioner households where the adult children have left;
2. non-pensioner households where the family has left home;
3. households where there are adult children still resident;
4. households where there are health, disability or other needs which require an extra room?

Is it still the case, as previously with the Housing Department, that in (a) and (b) above, the under occupation is disregarded if the tenant has applied to downsize? In this context, how many of the 154 Andium one- bedroom properties which become available are used for downsizing annually?

Answer

Affordable (social) housing providers do not record statistics on under-occupation levels in their existing housing stock.

However, the 2011 Census identified that 17 percent of existing tenants in States (now Andium Homes), housing trust or parish rental accommodation were under-occupying their properties by one bedroom, and 2 percent were under-occupying by two or more bedrooms. In comparison, 39 percent of households in the United Kingdom living in social rental accommodation have more than one spare bedroom.

It should also be noted that, in the situations described, (c) would not be considered under- occupation and (d) would provide reasonable medical grounds for a household to have a spare bedroom.

It is important that under-occupation is handled sensitively and tenants are supported to transfer into a size and type of property which is appropriate to their needs, for example, where under- occupation is the result of older tenants remaining in their existing properties after their children have grown up and left home.

The responses of the Minister for Social Security to written question 8648 of Deputy M. Tadier on 24th February and the oral question on 10th March explain the implications of under-occupation in

the context of the accommodation component of Income Support, although not all households who under-occupy will be in receipt of Income Support.

In the period 2013 to present, Andium Homes allocated 48 percent of one bedroom properties to under-occupying households.

The regulatory framework for social housing – which the Minister for Housing will bring forward by the summer – will provide a mechanism to review occupancy levels within existing social housing stock, and support the development of policies to address under-occupation.

9. DEPUTY M.R. HIGGINS OF ST. HELIER OF H.M. ATTORNEY GENERAL REGARDING THE POLICE PROCEDURES AND CRIMINAL EVIDENCE (JERSEY) LAW 2003:

Question

Will H.M. Attorney General advise members whether any Enforcement Officers employed by States Departments or Andium Homes have any legal powers similar to the police under the Police Procedures and Criminal Evidence (Jersey) Law 2003, and if not, whether, as head of the prosecution service, he would recommend they should be given such powers or be issued with specific guidance as to how they should conduct their investigations.

Answer

The Police Procedures and Criminal Evidence (Jersey) Law 2003 provides the police with a range of investigatory powers including the power to search property pursuant to a warrant in order to obtain relevant evidence during a criminal investigation.

Parts 5 and 6 of the Control of Housing and Work (Jersey) Law 2012 [the 2012 Law] regulates the ownership and occupation of property. Article 9 of the 2012 Law requires individuals to provide the Chief Minister with relevant information. Article 10 enables the Chief Minister to obtain relevant information from other States Departments about an individual. It can be seen that the Chief Minister has the power to obtain relevant information albeit he does not have the power to apply for a search warrant in order to enter and search premises.

In so far as the question seeks to propose that the Chief Minister should be provided with a search power then one would wish in the first instance to better understand why such a power might be needed. A search power is a strong thing that raises human rights considerations and questions of proportionality.

10. DEPUTY S.Y. MÉZEC OF ST. HELIER OF THE MINISTER FOR EDUCATION, SPORT AND CULTURE REGARDING POLITICAL EDUCATION IN SECONDARY SCHOOLS:

Question

Does the Minister have any plans to review the provision for political education in secondary schools? What support, if any, has the Department offered the students who are attempting to set up a Jersey Youth Parliament'?

Answer

The whole curriculum, including political education is currently being redrafted and there are no plans outside of this process to review the subject. Education about politics is a component of the new Jersey Curriculum. It specifies that pupils in Key Stages 1 to 4 should be taught the subject as part of the Personal, Social and Health Education (PSHE), which includes citizenship.

A specialist group consisting of teachers who lead the subject in their school has considered the content of the PSHE curriculum, including the politics element. Under the new curriculum, which takes effect in September 2015, Students will be expected to study the development of the political system of democratic government in Jersey and the United Kingdom, including the roles of citizens, the States Assembly and the Island's relationship with the Monarch. They will learn about the operation of the States Assembly, including voting and elections, and the role of politicians, including Senators, Deputies, Constables and non-elected States Members. Students will be taught about their rights and responsibilities as citizens who are both Islanders and members of a global community

All students in Year 5 in Jersey primary schools have a debate in the States as part of the curriculum and this has been a successful and well-received part of students' political education. The annual Youth Assembly for Years 12 and 13 provides an opportunity for political engagement for an older age group.

Also, in 2014 a series of visits were arranged for teachers and secondary school students from secondary schools to raise awareness of the political process before the October election. Staff from the States Greffe also held sessions in some secondary schools and a significant number of students took part. ESC and the States Greffe plan to explore how these sessions can be provided in future.

The ESC Minister has been advising Youth Parliament team from an early stage and helped arrange meetings with other politicians, including with the Comité des Connétable s, and useful contacts. Deputy Bryans has spoken to the Scott ish Youth Parliament on their behalf and invited them to a specially arranged Council of Ministers meeting to discuss the Strategic Plan before it was published. The appointments include a slot speaking at the forthcoming Youth Service conference. The students themselves have taken on the organising role and ESC will continue to support them.

11. DEPUTY M. TADIER OF ST. BRELADE OF THE CHAIRMAN OF PRIVILEGES AND PROCEDURES COMMITTEE REGARDING THE CODE OF CONDUCT FOR ELECTED MEMBERS:

Question

Will the Chairman inform members whether, whilst parliamentary privilege means that a member may not be pursued legally for any words (or actions) said during and at States sittings, the member is still subject to the Code of Conduct for Members of the States and, as such, were an allegation of lying to the Assembly to be made, or evidence of lying to emerge, this would be able to be considered as a possible breach under the Code of Conduct?

Answer

The Code of Conduct for elected Members applies to Members at all times, whether inside or outside the States Chamber.

Generally speaking, Members tend to voice allegations that a colleague has not been truthful immediately, as soon as the suspected or alleged falsehood has been uttered. However, in doing so, they need to ensure that they are not alleging improper motives, directly or by innuendo, and their claims may result in either a point of order being raised by another Member or a direct intervention by the Presiding Officer, seeking the withdrawal of the allegation.

Nevertheless, should evidence of having misled the Assembly emerge at a later date, a complaint can be brought under the Code of Conduct. The complaint would be considered by the Privileges and Procedures Committee. Importantly, Standing Order 156(2)(c) states that the Committee shall not accept any complaint "from a person who is not a member of the States, regarding words spoken by or actions of an elected member during a meeting." This guideline exists to safeguard parliamentary privilege.

12. DEPUTY G.P. SOUTHERN OF ST. HELIER OF THE CHIEF MINISTER REGARDING TAX CO-OPERATION:

Question

Will the Minister, in seeking to create an ethical basis for government policies, support Oxfam's call for European institutions, especially the European Commission in its two tax-related proposals for 2015, to:

"1. Support the creation of a U.N. inter-governmental body on tax cooperation, by calling for

a Ministerial roundtable on tax during the  Financing for Development Conference in Addis Ababa in July 2015.

2. Increase corporate tax transparency byadoptingpubliccountry by country reporting rules for large companies in all sectors, to build on what has been decided for the European banking sector.
3. Increase corporate tax harmonisation in Europe by ensuring a compulsory common consolidated corporate tax base in all 28 countries, which makes certain that taxes are paid where profits and real economic value is created.
4. Analyse the negative impacts one member state's tax system can have on other European and developing countries, and provide public recommendations for change."

and, if not, why not? Answer

Jersey has an established record of engagement with international tax initiatives promoted by the OECD and the G20 and is already committed to support a number of initiatives that relate to the matters on which Oxfam has called for action. These initiatives include the OECD Base Erosion and Profit Shifting (BEPS) project and the Action Plans on country by country reporting, combatting harmful tax practices, and ensuring that profits are taxed where economic activities generating the profits are performed and where value is created.

Jersey continues to play an active role in the work of the OECD Global Forum on Transparency and Exchange of Information for Tax Purposes, a body with more than 120 member jurisdictions. Jersey would be concerned if this work were adversely affected by the creation of a UN inter- governmental body on tax cooperation; particularly if that body were limited to UN members. This would exclude Jersey from the level of engagement presently enjoyed with the OECD Global Forum, which includes being a vice chair of a Working Group that is monitoring the implementation of a new global Common Reporting Standard on automatic exchange of information in both developed and developing jurisdictions.

13. DEPUTY G.P. SOUTHERN OF ST. HELIER OF THE MINISTER FOR TREASURY AND RESOURCES REGARDING THE GIGABIT PROJECT:

Question

What measures, if any, has the Minister, as shareholder representative, taken to facilitate a resolution to the problems between CH2M, GFF, JT and the Gigabit workforce, and if none, can he inform members what he will propose to bring about resolution?

Will the Minister further inform members what rates of connection are currently being achieved and what measures, if any, are in place to ensure the delivery of the scheme within the original timescale and budget?

Answer

As previously reported, following the presentation given by senior executives from JT on 19 January 2015 (which the Deputy kindly attended) there was an intensive programme of engagement planned during which, as stated in that presentation, JT committed to "work with CH2M to find a long term solution to their losses. If one cannot be found then other options will be explored, including JT completing the programme itself or working with another partner." JT are aiming to complete this step by June 2015.

These discussions are progressing and while JT is in no doubt as to the Minister's expectations in terms of resolving this issue, the Minister is also giving JT management appropriate space to complete this work. The Minister met senior executives from CH2M's Denver headquarters last week and delivered precisely the same message that the current situation was unacceptable and had to be resolved as a matter of urgency.

Current rates of connections are running at approximately 70 per week but importantly success rates from the smaller team working on the programme are at a high of 80%. In the presentation referred to above, it is clear that the result of the negotiation with the key supplier is a central element to reassessing the timescale and budget required to complete the remaining elements of the programme.

14. DEPUTY M.R. HIGGINS OF ST. HELIER OF THE MINISTER FOR TREASURY AND RESOURCES REGARDING SOURCES OF TAX REVENUE:

Question

Will the Minister advise members how much tax revenue, broken down into Income Tax, Goods and Services Tax, and other tax receipts, was raised in 2013 from:

1. Jersey based companies;
2. foreign owned companies;
3. financial service firms;
4. utilities;
5. firms brought into the Island by Locate Jersey;
6. the general public;
7. others;

and provide a breakdown of the sources of those taxes? Answer

1. Jersey based companies
2. foreign owned companies
3. financial service firms
4. utilities

Income Tax

The Minister refers the Deputy to his question 8570 to which the answer was tabled on 9 December 2014.

In that answer the Deputy was advised as follows:-

2012 year of assessment (income) tax payable (raised in 2013) in respect of Financial Services Companies: £67,135,838

2012 year of assessment (income) tax payable (raised in 2013) in respect of utility companies: £3,460,942

2012 year of assessment (income) tax payable (raised in 2013) in respect of "other" companies: £18,335,630

With respect to the "other" companies these will include Jersey based and foreign owned companies referred to by the Deputy . It is important to make the position clear that these companies will be liable to income tax on their profits at the corporate rate of 0% in 2012. Only if they have a source of income derived from Jersey property (rental or development) or from the importation into Jersey of oil will these companies be liable, on these sources only, to tax at the standard rate of 20%. The ultimate ownership of these companies, be it Jersey or non-Jersey, has no bearing on their Jersey income tax liability.

Goods and Services Tax (GST)/International Services Entity (ISE) income received in the Taxes Office

2013 ISE Fees – finance sector (licensed by Jersey Financial Services Commission) £9.36 million

2013 GST – non-finance sector £61.02 million 2013 GST – utilities £5.25 million

5. firms brought into the Island by Locate Jersey

At this present time the Taxes Office is not able to provide the information being sought by the Deputy . Work has commenced to explore the feasibility of providing the information in due course.

6. the general public

2012 year of assessment (income) tax payable (raised in 2013) in respect of the general public (taken to mean Jersey resident individual taxpayers): £337,410,864

7. other

2012 year of assessment (income) tax payable (raised in 2013) in respect of "others" (partnerships, trusts, non-residents, etc.): £17,521,722

Land Transactions Tax paid to the Treasury in 2013 relating to the sale of share transfer properties (460 transactions) £959,107.

Breakdown of sources of taxes

To provide a full answer would require a considerable amount of resource within the Taxes Office and is not possible within the time available to provide this answer. The Minister is prepared to provide more detail to the Deputy and States Members on receipt of a more specific request. However, in order to at least answer the Deputy 's question in part, in regard to corporate income tax it is evident that the large majority of the financial services tax relates to business profits in this sector with only a small part of the tax being derived from Jersey property. The same will apply in respect of the utility companies whereby the substantial part of the tax will be derived from their profits derived in respect of their specific businesses.

With regard to "other" companies the profits will have, in the large majority, been derived from Jersey property (rental and development) and to a lesser extent from oil importation and quarrying.

In respect of personal income tax a recent analysis of the top 10% of personal taxpayers (2013 year of assessment) provided the following information:-

15. DEPUTY  M.R. HIGGINS  OF  ST.  HELIER  OF  THE  MINISTER HEALTH  AND SOCIAL  SERVICES  REGARDING  CHILD  AND  ADOLESCENT  MENTAL HEALTH SERVICES:

Question

Will the Minister update members on the current situation in the Child and Adolescent Mental Health Services (CAMHS) using the key findings and recommendations of the Health and Social Security Scrutiny Panel Report of 16th June 2014 as his guide,  illustrating what has and not changed in the service?

Answer

The action plan developed from the Scrutiny recommendations has been a priority for CAMHS and the wider organisation. The former Health and Social Services Minister in her response to the review  indicated  that  there  were  two  significant  planned  processes  that  would  underpin  the development of children and young people's mental health services and the implementation of the recommendations of Scrutiny. These were:

• The CAMHS Rapid Process Improvement Week (RPIW) which enabled the CAMHS staff to review their service with key partners across States departments and the voluntary sector in response to the Scrutiny recommendations and to develop a challenging action plan for Service reform using Lean principles.  This plan  has  been  implemented  and  monitored continuously over the last 6 months.
• The Mental Health Service Review which is nearing the end of the development process. Determining the main themes has involved Jersey residents, service users, States Members, professionals across States departments, business and the charity and voluntary sector. This is due to go to consultation in June 2015 and will provide the strategic direction for Comprehensive CAMHS.

There has been significant progress which has only been possible due to the commitment and effort of the CAMHS team and Children's Services, while still maintaining a service to the community. Health and Social Services will be providing a detailed update to the Scrutiny Panel in April 2015. However, I am able to outline some of the areas that still require addressing, while stressing the major improvements that have been implemented to date.

• Areas currently being addressed :

• Finding appropriately skilled and dedicated management expertise for the Service (we are competing with other jurisdictions also seeking individuals with these particular skills and expertise)
• Developing appropriate, robust and efficient data collections systems
• Finalising a quality framework for the Service
• Finalising policies and pathways with partner agencies
• Managing the demand for therapeutic interventions to reduce the waiting time for therapy
• Developing a designated place of safety for young people

• Improvements

• Interim specialist appointments at senior leadership level
• Reducing the waiting time to first appointment, which has dropped from 14 weeks to under 3 weeks
• More efficient processing of referrals. The referral process has been redesigned including new eligibility criteria, referral form and daily decision making. This ensures referrers are aware of the remit and threshold of specialist CAMHS and are able to provide relevant information. Decisions can then be based on this information and are made on a daily basis. This reduces the number of inappropriate referrals and facilitates a more rapid response so that once the referral has been received a family will be sent an appointment date for first appointment within 24 to 48 hours.
• A range of clinical pathways to ensure that evidence-based care is delivered and provides a standard to monitor the effectiveness and efficiency of the provision.
• A system to ensure that the staff member with the most appropriate skill set is allocated to work with each individual client and their family so that with the changes outlined above young people and their families will be offered effective evidence-based interventions in a timely fashion.
• The standardisation of questionnaires to monitor outcomes and satisfaction with the service to ensure that treatment is leading to positive change and that the young people and their carers are satisfied with the service offered. This will be benchmarked against national outcome data through the CAMHS Outcomes Research Consortium (CORC).
• A targeted Systemic Family Therapy Service for children and young people with significant mental problems and their families so that therapeutic intervention can include all family members when required.
• Some of the key themes that are emerging have highlighted the importance of prevention and early intervention both in the life of a child and of a condition and the need to ensure a coordinated response across all providers of service. The strategy will therefore provide direction for all those working with children.

Next Steps

• Full completion of action plan prepared in response to Scrutiny including Rapid Improvement Plans
• Implementation of any changes needed in line with the new Mental Health Strategy later this year
• Increased engagement with partners and users of the service
• Move service to an appropriate user-friendly environment
• Develop link with Jersey Talking Therapies
• Provision of talking therapies for children and young people planned for 2016 as part of P82; however, this is dependent on the MTFP for funding.

16. DEPUTYM.R.HIGGINSOFST.HELIEROFTHEMINISTERFORHEALTHAND SOCIAL SERVICES REGARDING THE EMPLOYMENT OF SOCIAL WORKERS:

Question

1. Will the Minister advise members how many social workers were employed by the Department during the period 1st January 2014 to 31st January 2015?
2. Using a diagram or diagrams, will the Minister setout an organisation chartof these social workers indicating whetherthey are managers, case workers or other specialists and the numbers in each category together with their grades, titles and duties?
3. What was the total cost of employing these social workers?
4. For each social worker engaged in case work (anonymised A, B, C etc.) would the Minister provide the following information in a tabular form -

1. the case load ofeach social worker indicating separately the numberof people they had sole responsibility for and those they had a shared responsibility for;
2. the number of days sickness taken during the period;
3. the number of days holiday taken during the period;
4. the number of days spent on training courses during the period?

5. How many case workers from Jersey are working with Jersey people in the UK, how many people are they dealing with and how often do they visit the UK to supervise their clients?

Answer:

1. 94 social workers were employed by HSSD.
2. The Community and Social Services organisation chart (Table 1) and breakdown in Table 2 shows the divisions in which the social workers are employed and the number.

Table 2

Social workers are graded in the following manner – newly qualified social workers join the organisation at Civil Service grade 9, main grade social workers are CS 10, senior social workers are CS 11 and team  managers are graded CS 12.

Main grade social workers are members of an established professional discipline who work with other professions to play a key role in helping children, adults and families to take control of and to improve their lives in conditions where their security, safety or ability to participate in civic life are restricted.

Senior Social Workers provide supervision, professional leadership and support to a number of main grade and newly qualified social work staff. The role contributes to the delivery of a person- centred service for Children, Adults and Older People through partnership and effective liaison with other statutory and voluntary sector services e.g. GPs, physiotherapists, voluntary care groups and others.

The social work team managers, as first-line managers, are the keystone of any social work service: their quality and competence make a significant difference to its performance. Managers must often manage teams who are working with people who have complex problems and who are experiencing major changes in their lives. It requires a range of different skills and competencies both in managing staff and in ensuring information flow throughout the organisation.

Adults and Older Adults each has 3 team managers and Children's Services have 5. It should be noted that some of these team managers manage multi-disciplinary teams which consist of other professionals as well as social workers.

3. The total cost in 2014 of employing these social workers was £4,648,520.
4. (i) Social work caseloads can vary enormously from worker to worker dependent on the social worker's experience, area of operation and complexity of cases.

For example, the social workers supporting the Adult Mental Health Community Services team have an average case load of 17, while in the last week of February the Children's Multi  Agency  Safeguarding  Hub had an average caseload of  19,  but with a  range of between 8 and 27 cases per worker.

(ii) The number of days sickness taken by social workers during the period is most usefully shown by reference to the percentage of days lost through sickness.

Community and  Social  Services  has  implemented  a  robust  managing  absence  process  which  includes monthly analysis of absence rates across all service areas. In addition, individuals with high levels of sickness are supported through the Managing Attendance Policy.

3. Social Workers are Civil Servants and as such are entitled to between 21 and 28 days of annual leave a year, according to their length of service.

5. It is difficult to capture the entirety of the training received by social workers. It comprises a mix of statutory and mandatory training alongside that required for continuing professional development. In addition, there is training that is not formally recorded, for example, team action learning sets or peer group supervision sessions, which are core to their role.

In the table below are examples of training for social workers that was delivered in Community and

Social Services last year.

5. There are 12 adult placements and 15 child placements in the UK.

Everyone  placed  in  the  UK  has  an  allocated  care  coordinator  in  Jersey  who  has responsibility for their case.

Reviews of clients depend on an individual's particular assessed needs, but, in general, they range from 3-monthly reviews in Adult Mental Health and 6-monthly for people with a Learning Disability, or as and when required by the individual's circumstances and needs. When travelling to the UK to undertake a review the worker will, where feasible, undertake a number of reviews at the same time.

4. Oral Questions

1. Deputy R. Labey of St. Helier of the Chief Minister regarding plans for the forthcoming commemoration of Liberation Day:

Could the Chief Minister, in his capacity as a member of the Bailiff 's Consultative Panel, update the Assembly on plans for the forthcoming commemoration of Liberation Day?

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

The commemorations for the 70th anniversary of Liberation Day will begin on Friday, 8th May, with a service of thanksgiving and remembrance at the Town Church to which all Islanders are invited. On the day itself the current plans include the slave workers memorial service in the morning and a shortened re-enactment ceremony in Liberation Square. People's Park will then be the central venue for the afternoon's events, which will include a States Assembly sitting, a freedom ceremony, a liberation poetry recital and a period montage performance. The afternoon will also feature a grand parade, a royal gun salute from HMS Iron Duke and a fly past of 1940s aeroplanes. As Members will know, the celebrations in People's Park will take place in the presence of Her Royal Highness the Countess of Wessex.

4.1.1 Deputy R. Labey :

I am grateful to the Chief Minister for that, and it is an unenviable task organising this event, I am sure. I applaud the initiative to put Occupation survivors at the forefront of it. Does the Chief Minister think there was enough consultation though with Occupation survivors on the programme?

Senator I.J. Gorst :

That is a very good question. In effect there is an officers' cross-departmental working group that makes suggestions to yourself, Sir, and they are then considered by the Bailiff 's Consultative Panel, and there was also consultation with the Comité. Perhaps something we have learned from where we are in this process, that we need to develop a mechanism that perhaps would consult with survivor as well and therefore we might have had much more buy-in to what I believe is going to be a very exciting weekend.

2. Deputy G.P. Southern of St. Helier of the Minister for Education, Sport and Culture regarding Higher Education grants in 2014:

Following the release of figures by the department which reveal that only 20 per cent of students - 247 out of 1,213 undergraduates - were in receipt of a full grant in 2014, can the Minister inform Members how this figure compares with previous years?

Deputy R.G. Bryans of St. Helier (The Minister for Education, Sport and Culture):

For the 5 past academic years the proportion of students that receive a full grant has been between 20 and 24 per cent. A further 50 per cent receive a contribution from the States but not the full amount. So every year about three-quarters of our university students receive some financial assistance from the taxpayer. So going back to 2009-2010 a full grant was given to 20 per cent; 2010-2011 23 per cent; 2011-2012 24 per cent; 2012-2013 22 per cent; and 2013-2014 23 per cent.

[9:45]

1. Deputy G.P. Southern :

Can the Minister inform Members when the income thresholds for receipt of grants on which grants are calculated were last adjusted for inflation or otherwise?

Deputy R.G. Bryans:

I think back in 2006 was the last time that the threshold was considered. The household income at the moment must be below £26,750 but has not been adjusted .. actually not 2006 but 2001. But average earnings have risen so the ratio stakes to family funding has changed over that time.

2. Deputy G.P. Southern :

Would the Minister not accept that this is in effect allowing the grant system to atrophy, with no regard to the threshold for calculations of grant over the past 9 or 14 years? When is the Minister going to do something about this lamentable state of affairs?

Deputy R.G. Bryans:

The Deputy has got a good point. I think I said at the last Assembly that we are reviewing this at the moment. I was hoping to have a meeting with Treasury last week. Unfortunately my Chief Officer in relation to this was ill so we have had to postpone that meeting. But it is under review, as all the funding relating to student loans, particularly, are under review. I had a pan-Island meeting with Guernsey and the Isle of Man who are equally in the same position. They have a very similar system to ourselves and are equally struggling with the diminishing budget and trying to relieve the pressure on families. So at the moment we are in a situation; we are going into consultation - we have already done that with parents and students to some extent - but we are carrying on that so we can address the problem of what he calls atrophy.

3. Deputy J.M. Maçon of St. Saviour :

Deputy Southern asked what I wanted to ask. But given that in the last M.T.F.P. (Medium-Term Financial Plan) as Assistant Minister, then the Minister will know that the department had drafted a growth bid to the Treasury Department in order to grow the living allowance of the grant, will the Minister be putting that same growth bid back towards Treasury for this M.T.F.P. given that the work has already been drafted and it is already there?

Deputy R.G. Bryans:

Originally Deputy Reed back in 2010 decided to unfreeze the maintenance grant. It was increased by 2 per cent and the same has happened every year since then. So that element of the grant will continue to be under an annual review. We are looking at the Medium-Term Financial Plan. We have put in a bid in relation to this but again it goes in with all the other bids.

4. Deputy G.P. Southern :

Since we have been clearly informed by the Minister for Treasury and Resources that there is no money in the kitty to create a loan scheme, so that avenue looks fairly closed, what assurances can the Minister give to parents and potential students that something will be done to improve this lamentable state of our grant system in the coming months or years?

Deputy R.G. Bryans:

I would repeat again that we are going out to consultation. We are going to have those meetings with Treasury. I know it is difficult. I think it was reported in the press, I am not necessarily sure it was a correct reporting of a statement, but we are having discussions and we are discussing it further. It is under review.

3. Deputy J.M.MartinofSt.HelieroftheMinister for Treasuryand Resources regarding the progress made to date in relation to the new Police Headquarters:

Can the Minister detail the progress made to date in relation to the new police headquarters, including whether it is on time and on budget, and state whether there has been a need to use special blast-proof concrete and, if so, whether this will require an increase to the allocated budget and by what amount?

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

If I may, I will ask my Assistant Minister, Deputy Noel, who has responsibility for this area to answer the question.

Deputy E.J. Noel of St. Lawrence (Assistant Minister for Treasury and Resources -

rapporteur):

I am pleased to confirm that the construction of the Island's first purpose-built police headquarters is progressing well. At the current time I am confident that the scheme will be completed as promised by the end of 2016, and that it will be delivered within the allocated budget. In line with Home Office guidance, a small number of key areas within the building have required specialist blast protection. This was specified in the scheme and is accommodated within the construction contract. I can therefore confirm that there has been no requirement to increase the allocated budget as a result of blast-proofing requirements.