States Meeting Transcript - 11th October 2016

STATES OF JERSEY OFFICIAL REPORT

TUESDAY, 11th OCTOBER 2016

COMMUNICATIONS BY THE PRESIDING OFFICER ......................................9

1. The Deputy Bailiff : ......................................................................9

APPOINTMENT OF MINISTERS, COMMITTEES AND PANELS..........................9

2. Nomination of Senator S.C. Ferguson as a member of the Corporate Services Scrutiny Panel............................................................................9

2.1 Deputy J.A.N. Le Fondré of St. Lawrence (Chairman, Corporate Services Scrutiny Panel):...................................................................................9

3. Nomination of Senator S.C. Ferguson as a member of the Health and Social

Security Scrutiny Panel .................................................................10

3.1 Deputy R.J. Renouf of St. Ouen (Chairman, Health and Social Security Scrutiny Panel):..................................................................................10

QUESTIONS ....................................................................................10

4. Written Questions.......................................................................10

1. DEPUTY S.Y. MÉZEC OF ST. HELIER OF THE CHIEF MINISTER REGARDING MEDIA TRAINING: [9635]...........................................................10
2. DEPUTY G.P. SOUTHERN OF ST. HELIER OF THE MINISTER FOR HEALTH

AND SOCIAL SERVICES REGARDING THE FUNDING OF HOME CARE SERVICES PROVIDED BY FAMILY NURSING AND HOME CARE: [9636]......10

3. DEPUTY G.P. SOUTHERN OF ST. HELIER OF THE CHIEF MINISTER REGARDING REVENUE-RAISING MEASURES TO REPLACE THE HEALTH CHARGE: [9637]......................................................................25
4. DEPUTY M. TADIER OF ST. BRELADE OF THE MINISTER FOR EDUCATION REGARDING NON-GENDER-SPECIFIC UNIFORMS IN SCHOOLS: [9638].......26
5. DEPUTY M. TADIER OF ST. BRELADE OF THE MINISTER FOR EDUCATION REGARDING FUNDING OF THE JERSEY MUSIC SERVICE: [9639] ..............26

7. DEPUTY G.P. SOUTHERN OF ST. HELIER OF THE MINISTER FOR EDUCATION REGARDING SALARY LEVELS FOR NEWLY QUALIFIED TEACHERS IN COMPARISON WITH THOSE IN THE UNITED KINGDOM: [9641]................26
8. DEPUTY S.Y. MÉZEC OF ST. HELIER OF THE MINISTER FOR SOCIAL SECURITY REGARDING THE LEVEL OF JERSEY'S MINIMUM WAGE: [9642].28
9. DEPUTY G.P. SOUTHERN OF ST. HELIER OF THE MINISTER FOR EDUCATION REGARDING PROPOSALS FOR TEACHERS' PAY SCALES: [9643]..............29

10. DEPUTY M.R. HIGGINS OF ST. HELIER OF THE MINISTER FOR TREASURY AND RESOURCES REGARDING REPORTS IN RESPECT OF TAXES COMMISSIONED SINCE 2004: [9644]...............................................30
11. DEPUTY M.R. HIGGINS OF ST. HELIER OF THE MINISTER FOR TREASURY AND RESOURCES REGARDING TAX INCOME FROM MINING COMPANIES AND HEDGE FUNDS: [9645].........................................................31
12. DEPUTY M.R. HIGGINS OF ST. HELIER OF THE MINISTER FOR INFRASTRUCTURE REGARDING THE ENERGY FROM WASTE PLANT:

[9646] ..................................................................................31

13. DEPUTY M.R. HIGGINS OF ST. HELIER OF THE MINISTER FOR TREASURY AND RESOURCES REGARDING TAX REVENUE UNDER THE ZERO-TEN' TAX REGIME: [9647].................................................................33
14. THE DEPUTY OF ST. JOHN OF THE MINISTER FOR EDUCATION

REGARDING THE WORK OF THE JERSEY CURRICULUM COUNCIL: [9648]..35

15. DEPUTY S.Y. MÉZEC OF ST. HELIER OF THE MINISTER FOR EDUCATION REGARDING THE 14+ TRANSFER TO HAUTLIEU SCHOOL: [9649].............36
16. DEPUTY S.Y. MÉZEC OF ST. HELIER OF THE MINISTER FOR TREASURY

AND RESOURCES REGARDING ORGANISATIONS IN RECIEPT OF STATES GRANTS: [9650]......................................................................36

17. DEPUTY G.P. SOUTHERN OF ST. HELIER OF THE MINISTER FOR INFRASTRUCTURE REGARDING THE OUTSOURCING OF SERVICES FOLLOWING THE RESTRUCTURING OF THE DEPARTMENT: [9651]..........50

5. Oral Questions ..........................................................................52

1. Deputy M. Tadier of St. Brelade of the Minister for Education regarding the recruitment of specialist secondary school teachers: [9659]............................52

Deputy R.G. Bryans of St. Helier (The Minister for Education):..............................53

1. Deputy M. Tadier :......................................................................53
2. Deputy A.D. Lewis of St. Helier:.......................................................53
3. Deputy A.D. Lewis :....................................................................54
4. Deputy G.P. Southern :..................................................................54
5. Deputy G.P. Southern :..................................................................54
6. Deputy L.M.C. Doublet of St. Saviour:.................................................54
7. Deputy M. Tadier :......................................................................54

2. Deputy J.M. Maçon of St. Saviour of the Minister for Health and Social Services regarding support for the work of the Sexual Health Service: [9627].................55

Senator A.K.F. Green (The Minister for Health and Social Services):........................55

1. Deputy J.M. Maçon:....................................................................55
2. Deputy J.A. Martin of St. Helier:.......................................................56
3. Deputy J.A. Martin:....................................................................56
4. Deputy G.P. Southern :..................................................................56

5. Deputy J.M. Maçon:....................................................................56

3. Deputy J.A. Martin of the Minister for Health and Social Services regarding looked-after children in the care of the States: [9652]..................................56

Senator A.K.F. Green (The Minister for Health and Social Services):........................57

1. Deputy J.A. Martin:....................................................................57
2. Deputy J.A. Hilton of St. Helier : .......................................................57
3. Deputy J.A. Hilton: ....................................................................57

4. The Deputy of St. Ouen:................................................................58
5. Deputy M. Tadier :......................................................................58
6. Deputy M. Tadier :......................................................................58
7. Deputy M.R. Higgins of St. Helier : ....................................................58
8. Deputy M.R. Higgins: ..................................................................58
9. Deputy R. Labey of St. Helier : .........................................................59
10. Deputy G.P. Southern :..............................................................59
11. Deputy G.P. Southern :..............................................................59
12. Deputy J.A. Hilton:..................................................................59
13. Deputy J.A. Martin: .................................................................59

4. Deputy G.P. Southern of the Minister for Health and Social Services regarding the impact of changes to service level agreements between the department and Family Nursing and Home Care: [9653] ........................................................60

Senator A.K.F. Green (The Minister for Health and Social Services):........................60

1. Deputy G.P. Southern :..................................................................60
2. Deputy K.C. Lewis of St. Saviour : .....................................................61
3. Senator S.C. Ferguson:.................................................................61
4. Senator S.C. Ferguson:.................................................................61
5. The Deputy of St. Ouen:................................................................62
6. The Deputy of St. Ouen:................................................................62
7. Deputy M. Tadier :......................................................................62
8. Deputy M. Tadier :......................................................................62
9. Deputy T.A. Vallois of St. John:........................................................62
10. Deputy G.P. Southern :..............................................................63

5. Deputy R. Labey of the Minister for Social Security regarding the potential for changes to the contributions liability of self-employed people: [9654].................63

Deputy S.J. Pinel of St. Clement (The Minister for Social Security): .........................63

1. Deputy R. Labey : ......................................................................64
2. Deputy S.Y. Mézec of St. Helier : ......................................................64
3. Deputy M.R. Higgins: ..................................................................64
4. Deputy G.P. Southern :..................................................................65

5. Deputy M. Tadier :......................................................................65
6. Deputy R. Labey : ......................................................................65

6. Deputy M.R. Higgins of the H.M. Attorney General regarding the test used by the Law Officers' Department when deciding whether to defend States Departments: [9662]....................................................................................65

Mr. M.H. Temple Q.C., H.M. Solicitor General (Rapporteur):................................65

1. Deputy M.R. Higgins: ..................................................................66
2. Senator S.C. Ferguson:.................................................................66
3. Senator S.C. Ferguson:.................................................................66
4. Deputy M. Tadier :......................................................................66
5. Deputy M. Tadier :......................................................................67
6. Deputy S.Y. Mézec : ....................................................................67
7. Deputy M.R. Higgins: ..................................................................67

7. Deputy A.D. Lewis of the Minister for Health and Social Services regarding the use of thrombolysis in Jersey for stroke patients in comparison with its use in the

United Kingdom: [9658]................................................................68

Senator A.K.F. Green (The Minister for Health and Social Services):........................68

1. Deputy A.D. Lewis :....................................................................68
2. Senator S.C. Ferguson:.................................................................69
3. Senator S.C. Ferguson:.................................................................69
4. Deputy M. Tadier :......................................................................69
5. Deputy A.D. Lewis :....................................................................69

8. Deputy S.Y. Mézec of the Minister for Economic Development, Tourism, Sport and Culture regarding the justification for travel and accommodation expenses

incurred by civil servants watching rugby matches: [9657]............................70

Senator L.J. Farnham (The Minister for Economic Development, Tourism, Sport and

Culture):................................................................................70

1. Deputy S.Y. Mézec : ....................................................................71
2. Senator S.C. Ferguson:.................................................................71
3. Senator S.C. Ferguson:.................................................................72
4. Deputy C.F. Labey of Grouville : .......................................................72
5. Deputy J.A. Hilton: ....................................................................72
6. Deputy M. Tadier :......................................................................72
7. Deputy A.D. Lewis :....................................................................73
8. Deputy G.P. Southern :..................................................................73
9. Connétable M.P.S. Le Troquer of St. Martin : ..........................................73
10. Deputy S.Y. Mézec :.................................................................74

9. Deputy J.A.N. Le Fondré of the Chief Minister regarding measures to be taken following the Assembly's rejection of the proposed Health Charge: [9661]...........74

Senator I.J. Gorst (The Chief Minister):......................................................74

1. Deputy J.A.N. Le Fondré:..............................................................75
2. Senator S.C. Ferguson:.................................................................75
3. Deputy M.R. Higgins: ..................................................................75
4. Deputy G.P. Southern :..................................................................76
5. Deputy M. Tadier :......................................................................76

6. Deputy M. Tadier :......................................................................77
7. The Deputy of St. John:................................................................77
8. The Deputy of St. John:................................................................78
9. Deputy J.A.N. Le Fondré:..............................................................78

10. Deputy M. Tadier of the Minister for Health and Social Services regarding delays

in the assessment of applicants for the Long Term Care Scheme: [9660].............79

Senator A.K.F. Green (The Minister for Health and Social Services):........................79

1. Deputy M. Tadier :...................................................................80
2. Deputy J.A. Hilton:..................................................................80
3. Connétable C.H. Taylor of St. John:.................................................80
4. Deputy G.P. Southern :..............................................................80
5. Deputy G.P. Southern :..............................................................81
6. Deputy M. Tadier :...................................................................81

11. Deputy R. Labey of the Minister for Health and Social Services regarding the

impact on hospital services of reduced funding for Family Nursing and Home Care: [9655]....................................................................................81

Senator A.K.F. Green (The Minister for Health and Social Services):........................81 5.11.1 Deputy R. Labey :....................................................................82

12. Deputy G.P. Southern of the Minister for Education regarding the relationship between a reduced pay rate for Newly Qualified Teachers and the overall pay structure for teachers: [9656]...........................................................82

Deputy R.G. Bryans (The Minister for Education):...........................................82

1. Deputy G.P. Southern :..............................................................82
2. Deputy S.Y. Mézec :.................................................................83
3. Deputy M. Tadier :...................................................................83
4. Deputy M. Tadier :...................................................................83
5. Deputy G.P. Southern :..............................................................83

13. Deputy M.R. Higgins of H.M. Attorney General regarding the recourse available to an individual in circumstances where the delayed provision of information by a States Department led to the individual's claims against that Department being time-barred': [9663]....................................................................84

The Solicitor General (Rapporteur):..........................................................84

1. Deputy M.R.Higgins:...............................................................84
2. Deputy M.R.Higgins:...............................................................85

6. Questions to Ministers without notice - The Minister for Infrastructure..............85

1. Deputy J.A. Hilton: ....................................................................85 Deputy E.J. Noel of St. Lawrence (The Minister for Infrastructure):..........................85
2. Deputy G.P. Southern :..................................................................85
3. Deputy P.D. McLinton of St. Saviour:..................................................86
4. Deputy M. Tadier :......................................................................86

6.4.1 Deputy M. Tadier :......................................................................87

5. Deputy M.R. Higgins: ..................................................................87

6.5.1 Deputy M.R. Higgins: ..................................................................87

6. The Connétable of St. Saviour:.........................................................88

6.6.1 The Connétable of St. Saviour:.........................................................88

7. Deputy A.D. Lewis :....................................................................88
8. Deputy M. Tadier :......................................................................89

6.8.1 Deputy M. Tadier :......................................................................89

7. Questions to Ministers without notice - The Chief Minister ...........................89

1. Deputy J.A. Hilton: ....................................................................89 Senator I.J. Gorst (The Chief Minister):......................................................89

1. Deputy J.A. Hilton: ....................................................................90
   2. Deputy K.C. Lewis :....................................................................90
   3. Deputy S.Y. Mézec : ....................................................................90
   4. The Deputy of St. Ouen:................................................................90
   5. Deputy M. Tadier :......................................................................91

STATEMENTS ON A MATTER OF OFFICIAL RESPONSIBILITY........................91

8. The Minister for Social Security - statement regarding the launch of consultation

for the Social Security Review..........................................................91

8.1 Deputy S.J. Pinel (The Minister for Social Security):...................................92

1. Deputy J.A. Martin:....................................................................94
2. Deputy G.P. Southern :..................................................................94
3. Deputy M. Tadier :......................................................................94

4. Deputy J.A.N. Le Fondré:..............................................................95
5. The Deputy of St. Ouen:................................................................95
6. Deputy J.M. Maçon:....................................................................95
7. Deputy S.M. Wickenden of St. Helier:..................................................96
8. Senator P.F. Routier:...................................................................96

9. The Deputy of St. John:................................................................96
10. Deputy G.P. Southern :..............................................................96
11. Deputy G.P. Southern :..............................................................97
12. Deputy M. Tadier :...................................................................97
13. Deputy M. Tadier :...................................................................97
14. Senator P.F.C. Ozouf :...............................................................97
15. Deputy J.A.N. Le Fondré:...........................................................98
16. Deputy J.A.N. Le Fondré:...........................................................98

9. The Chief Minister - statement regarding the Medium Term Financial Plan 2017- 2019......................................................................................98

9.1 Senator I.J. Gorst (The Chief Minister):................................................98

1. Deputy J.M. Maçon:..................................................................100
2. Deputy R. Labey : .....................................................................100
3. Deputy G.P. Southern :................................................................100
4. Deputy S.M. Wickenden: .............................................................100
5. Deputy J.A. Martin:...................................................................101
6. Deputy J.A. Martin:...................................................................101
7. Deputy M. Tadier :....................................................................101
8. Deputy M. Tadier :....................................................................102
9. Senator S.C. Ferguson:................................................................102
10. Deputy M.R.Higgins:..............................................................102
11. Deputy A.D. Lewis :................................................................103
12. The Deputy of Grouville :..........................................................103

LUNCHEON ADJOURNMENT PROPOSED ................................................104 LUNCHEON ADJOURNMENT ..............................................................104 PUBLIC BUSINESS - ARRANGEMENT OF PUBLIC BUSINESS FOR THIS MEETING104

Deputy P.D. McLinton:.....................................................................104 Deputy A.D. Lewis :.........................................................................104

Deputy M.J. Norton of St. Brelade:..........................................................104

PUBLIC BUSINESS............................................................................105

10. Draft Income Support (Special Payments) (Christmas Bonus) (Jersey) Regulations 201- (P.84/2016)........................................................................106

1. Deputy S.J. Pinel (The Minister for Social Security):..................................106

1. The Connétable of St. Martin:......................................................106
2. Deputy S.J. Pinel: ..................................................................107

2. Deputy S.J. Pinel:.....................................................................109

1. Deputy M. Tadier :..................................................................109 The Solicitor General: ......................................................................109
2. Deputy S.J. Pinel: ..................................................................110

11. Draft Social Security (Christmas Bonus) (Jersey) Regulations 201- (P.85/2016)....112

11.1 Deputy S.J. Pinel (The Minister for Social Security):..................................112

12. Draft Food Costs Bonus (Jersey) Regulations 201- (P.83/2016)......................115

12.1 Deputy S.J. Pinel (The Minister for Social Security):..................................115

1. Deputy J.A. Martin: ................................................................115
2. Deputy J.A.N. Le Fondré:..........................................................116
3. The Deputy of St. Ouen : ...........................................................116
4. Senator I.J. Gorst :..................................................................116
5. Deputy M. Tadier :..................................................................116
6. Deputy G.P. Southern :.............................................................117
7. The Deputy of Grouville :..........................................................117
8. Senator P.F. Routier:...............................................................118
9. Deputy S.J. Pinel: ..................................................................118

13. Draft Price Indicators (Amendment No. 2) (Jersey) Regulations 201- (P.81/2016)..121

13.1 Deputy M.J. Norton (Assistant Minister for Economic Development, Tourism Sport

and Culture - rapporteur):.............................................................121

14. Draft Prison (Amendment No. 7) (Jersey) Law 201- (P.89/2016).....................123

1. Deputy K.L. Moore of St. Peter (The Minister for Home Affairs):....................123

1. The Connétable of St. Martin:......................................................124
2. The Very Reverend R.F. Key, B.A., The Dean of Jersey:..........................125
3. Deputy J.A. Martin: ................................................................125
4. Deputy S.Y. Mézec :................................................................126
5. Deputy M. Tadier :..................................................................126
6. The Deputy of St. Peter:............................................................127

2. The Deputy of St. Peter:..............................................................129

1. Deputy M. Tadier :..................................................................129
2. The Deputy of St. Peter:............................................................129

15. Ratification of the Agreement between the Government of Jersey and the Government of the Republic of Chile for the Exchange of Information on Tax Matters 201- (P.90/2016)...............................................................130

15.1 Senator P.M. Bailhache (The Minister for External Relations):........................131

16. Ratification of the Agreement Between the Government of Jersey and the Government of The Republic of Cyprus for the Avoidance of Double Taxation and the Prevention of Fiscal Evasion with regard to Taxes 201- (P.91/2016).............131

16.1 Senator P.M. Bailhache (The Minister for External Relations):........................131

17. States of Jersey Development Company Limited: appointment of Non-Executive Directors 201- (P.93/2016 (re-issue)) ..................................................133

17.1 Connétable J.M. Refault of St. Peter (Assistant Minister for Treasury and Resources - rapporteur):...........................................................................133

18. Higher Education Funding: "in-committee" debate (R.51/2016).....................134

18.1 Deputy A.D. Lewis :...................................................................134

1. Deputy J.M. Maçon: ...............................................................137
2. Deputy R.G.Bryans:...............................................................140
3. Deputy S.Y. Mézec :................................................................142
4. Deputy M.J. Norton:...............................................................145
5. Deputy M. Tadier :..................................................................146

6. The Connétable of St. John:........................................................149
7. Deputy D. Johnson of St. Mary:....................................................150
8. The Deputy of St. John : ............................................................150
9. Deputy A.D. Lewis :................................................................152

ARRANGEMENT OF PUBLIC BUSINESS FOR FUTURE MEETINGS..................155

19. Connétable L. Norman of St. Clement (Chairman, Privileges and Procedures Committee):..........................................................................155

ADJOURNMENT..............................................................................155

[9.31]

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

1. The Deputy Bailiff :

On behalf of Members I would like to welcome His Excellency, the Lieutenant Governor, to the Chamber this morning. [Approbation] We have distinguished visitors to the Assembly, Sir Oliver Heald, Minister of State for Ports and Justice with responsibility for the United Kingdom's relations with the Crown Dependencies, is visiting us. He is accompanied by his assistant private secretary, Elizabeth Stafford, and the new head of the Crown Dependencies team at the Ministry of Justice, Elaine Cobb, and I am sure Members would like to welcome them. [Approbation] We also have other distinguished visitors in the Assembly this morning, Helvetia years 5 and 6 are in the gallery this morning to watch the States in action and perhaps Members would like to welcome them. [Approbation] As was announced from the Chair at the last sitting, former States Deputy , Jacqui Huet died the week before last. After a career in banking she was first elected as Deputy for St. Helier No. 3 District on 9th December 1993 and was subsequently re-elected in 1996, 1999 and 2002, ultimately leaving the Assembly following the election in 2008 having served for some 15 years. While in the Assembly she served on many committees, including Planning, Harbours and Airports, Education and Housing and she was the first ever Assistant Minister for Transport and Technical Services. She was a member of the Overseas Aid Committee from 1996, becoming president of that committee in 2002 and then chairman of the Overseas Aid Commission in 2005. Even when she left politics and was challenged by illness she was active in the 2014 elections, organising seminars to encourage women to stand for the States. She is fondly remembered by those who served and worked with her for her straight talking, her earthly sense of humour, infectious laugh and kind heart. As to her sense of humour, the Bailiff has no difficulty in remembering her turning round in the Chamber to offer him a toffee shortly after he had joined the Assembly as Attorney General and then a minute later asking the Presiding Officer in her sweetest voice if the Attorney General might help on a point of law. She was a dedicated politician, dedicated to preserve the Island that she loved and committed to serving those whom she represented to the best of her ability. She was devoted to her husband and 2 children and our thoughts are with them. May I ask

Members to rise for a minute in silence in memory of her? May she rest in peace. APPOINTMENT OF MINISTERS, COMMITTEES AND PANELS

2. Nomination of Senator S.C. Ferguson as a member of the Corporate Services Scrutiny Panel

The Deputy Bailiff :

We now come to Appointment of Ministers, Committees and Panels and the first is nomination for membership of the Corporate Services Scrutiny Panel.

2.1 Deputy J.A.N. Le Fondré of St. Lawrence (Chairman, Corporate Services Scrutiny Panel):

I am delighted to nominate Senator Ferguson to be a member of the Corporate Services Scrutiny Panel and in so doing inform the Assembly that I wish to increase the panel membership to 5.

The Deputy Bailiff :

Is the nomination seconded? [Seconded] Are there any other nominations? If not, then I declare that Senator Ferguson is now a member of the Corporate Services Scrutiny Panel.

[Approbation] There is now a proposal for membership in connection with the Health and Social Security Scrutiny Panel.

3. Nomination of Senator S.C. Ferguson as a member of the Health and Social Security Scrutiny Panel

3.1 Deputy R.J. Renouf of St. Ouen (Chairman, Health and Social Security Scrutiny Panel):

In a similar vein I am delighted to nominate Senator Ferguson as a member of the Health and Social Security Scrutiny Panel and that would bring the numbers on the panel up to 5 in the same way.

The Deputy Bailiff :

Is the nomination seconded? [Seconded] Are there any other nominations? If not, then I declare that Senator Ferguson is now a member of the Social Security Scrutiny Panel. [Approbation] There are no matters under G and H and we therefore come to written questions.

QUESTIONS

4. Written Questions

1. DEPUTY S.Y. MÉZEC OF ST. HELIER OF THE CHIEF MINISTER REGARDING MEDIA TRAINING: [9635]

Question

Has the Chief Minister received media training funded by the Department since his current term of office began and, if so, would he advise when the training was provided and the cost?

Answer No.

2. DEPUTY G.P. SOUTHERN OF ST. HELIER OF THE MINISTER FOR HEALTH AND SOCIAL SERVICES REGARDING THE FUNDING OF HOME CARE SERVICES PROVIDED BY FAMILY NURSING AND HOME CARE: [9636]

Question

Following the recent announcement regarding changes to the funding of home care services provided by Family Nursing and Home Care (FNHC), will the Minister:

1. advise where the changes were detailed in the Draft MTFP Addition (P.68/2016) and explain why they were not brought to the Health and Social Security Scrutiny Panel for consideration and to the Assembly for debate;
2. agree to release to Members the minutes or file notes of meetings held by the Department since 2014 at which the delivery of FNHC services was discussed, and advise whether, at a meeting in May 2016, funding was assured until the end of 2016;
3. advise when FNHC was informed that funding for its services would becut immediately, and cease altogether on 1st January 2017; and
4. explain what impact such action would be likely to have on FNHC in respect of its:

1. Delivery of home care services;

2. Staff numbers;
3. Staff terms and conditions (including rates of pay, pension, holiday and sickness entitlements); and
4. Charges for service users not covered by Long-Term Care or Income Support components?

Answer

1. There is no reference in the Draft MTFP Addition (P.68/2016) because P.68/2016 relates to spending plans for the years 2017 – 2019 whereas this is a 2016 initiative which was referenced in the previous year's MTFP Addition (P72/2015). On page 83, HSSD outlines how it will deliver £7.6 million of savings in 2015-2016, including:

• "Requiring efficiencies in contracts for services with on-island providers including voluntary and community sector partners".

We would not ordinarily go into detail about specific elements of particular proposals, especially when the work on the detail of the proposal was still ongoing and being carefully considered.

2. Key correspondence between the Department and FNHC over the period since 2014 has beenshared with the Health and Social SecurityScrutinyPaneland is listed at Appendix A. The minutesoftheMay2016 meeting are attached (Appendix B),asarethe letters from the Department tothe Chair and Chief Executive of FNHC in April 2016 (Appendix C). These clearly state the intention toreducethe home care subsidy intwophasesduring2016 with a view to removing the subsidy in totality fromJanuary 2017. They also advise FNHC ofthe need to ensure clients are using the correct funding streams (Long-Term Care Benefit or Income Support Personal Care Component) to fund their Home Care should they need financial assistance.
3. Funding for home care is not being cut. The subsidy is being reduced. The attached letter dated 18th December 2015 (Appendix D) states clearly the intention to reduce the subsidy

for Home Care. It should be noted that the funding for reablement home care has been provided in full by HSSD through the Rapid Response & Reablement service.

The impact on FNHC's Home Care provision is a matter for FNHC to answer; options are available for FNHC, but these are subject to decisions by their Committee. It should be noted that my Department offered a Deputy Director to work with FNHC one day per week to assist in considering options, but (unlike other voluntary sector organisations), FNHC did not take up this offer. Ultimately, decisions about their services and staffing arrangements are properly a matter for FNHC.

Appendix A

• July 2016 summary proposals for the 2016 contract
• 24 May notes of meeting
• 13 April letters from Senator Green to Ann Esterson and from Rachel Williams to Julie Gafoor
• 7 March letter from Julie Gafoor to Rachel Williams
• 4 February letter from Ann Esterson to Senator Green

• 4 February notes of meeting
• 7 January 2016 notes of meeting
• 21 December 2015 letter from Rachel Williams re: contract extension
• 18 December letter from Rachel Williams to Ann Esterson
• End of November letter from Ann Esterson to Rachel Williams
• 30 October letter from Julie Gafoor to John Spicer
• 29 October letter from Julie Gafoor to Rachel Williams
• 16 October letter from Rachel Williams to Julie Gafoor
• 18 May 2015 notes of meeting
• 28 November 2014 note from Derek Hoddinott to Rachel Williams Jason Turner, containing the April 2014 Commissioning Intentions which had been shared with FNHC
• 9th July 2014 notes of meeting

Appendix B

Notes of a meeting between FNHC and HSSD, 24 May 2016 Present: Julie Gafoor, Adrian Blampied

Rachel Williams, Amy Taylor

Home Care

Julie noted that FNHC accept the principle of reducing the subsidy.

Adrian noted that we need to agree the elements of the 2016 costs that need to be removed from the overhead calculations e.g. EMIS, refurbishment.

Adrian suggested that the Home Care funding from HSSD for May – December 2016 should be £555,488 (for 44,000 hours). This is pro rata at the rate of £29 per hour for 1 May – 31 July, and £21 per hour for 1 August – 31 December. Long Term Care Benefit should fund 16,973 hours.

It was agreed that, by 30 June at the latest (but earlier if possible, in order to provide FNHC with certainty) that:

• HSSD will fund Home Care for 2016 on this calculation basis
• Adrian to remove the non-overhead costs from the overhead calculation
• Amy and Adrian to agree the apportionment of overheads to services
• Adrian to refresh the other costings e.g. the Rapid Response and Reablement District Nursing and Specialist Nurses

Julie noted that FNHC are broadly in agreement with the updated specifications. Rachel noted that there are a small number of changes that will be added following a discussion with Claire White.

Julie explained that FNHC will be piloting EMIS data collection for District Nursing, from 1st July.

Rachel explained that HSSD will be commissioning on an activity basis from 1 January – i.e. that there will be a payment for an amount of activity (which will be determined by benchmarking and considering current activity levels). Bronwen Whittaker ( Deputy Director Community & Primary Pathways) will lead on this when she is in post from 27 June. This will provide the remainder of the year to be clear on requirements and safely transition. Julie expressed her comfort with Bronwen taking this role.

Rapid Response & Reablement

The implementation plan' was discussed. Julie noted that this was a plan to improve productivity, not a plan to transition from Proof of Concept' to Business As Usual'. Julie noted that a transition plan from Proof of Concept' to Business As Usual' was required. She would send this to Rachel, along with the proposed budget and staffing structure.

Rachel noted that, once she has received and reviewed this, she would be in a position to agree that Rapid Response & Reablement can move into Business As Usual'.

Rachel noted that she is on leave from Thursday 2nd June to 13th June.

In terms of the future, Rachel noted that, like District Nursing, the intention is to commission Rapid Response & Reablement on an activity basis from 1 January 2017. This will mean that FNHC will be responsible for operationally managing the service in order to achieve that activity, and therefore will not need to seek agreement for operational matters such as changing staffing levels. Julie welcomed this approach.

Rachel noted that FNHC still need to agree a Memorandum of Understanding (MOU) with Community & Social Services, regarding matters such as staff deployment and availability. She suggested that this should be progressed as a matter of urgency, and included in the transition plan.

Policy 1

Rachel provided an update on timescales and actions, and shared the action plan with Julie and Adrian.

Julie agreed that FNHC would send letters to their clients in due course, and would assist in arranging the assessments as HSSD cannot contact FNHC's clients due to Data Protection issues.

Actions and update from February meeting Adult Commissioning Intentions

Requested Action 1: Provide information regarding progress against contractual requirement to improve efficiency for District Nursing and Health Visiting and Invest to Save projects (electronic patient record and Clinical Management system). Not yet received

- Reiterated that JS would work with FNHC to identify the data / information that could demonstrate improvements in efficiency.

JG explained that the FNHC Business Plan has not yet been to their Committee. JG to send to RW when this has happened – possibly end of February. Received

Requested Action 2: refund HSSD for any posts that are funded but are vacant

- AB noted that 2015 accounts are not yet closed, but would be completed in draft by 12 February. AB to then confirm the unspent P82 monies. Not yet completed

Commissioning Intention 1 – Alter financial reporting to provide clarity regarding funding sources; progress service line costing

- AB agreed to progress this once the 2015 accounts are closed. In progress? Commissioning Intention 2 – work together to align processes and criteria for Policy 1, and Commissioning Intention 4 – review all Homecare clients and transfer to appropriate funding source

- FNHC will send data to Will Lakeman this week, then meet in the week commencing 22 February. Complete

- JG noted that the client base is now c220, with approximately 58% at GNS 3 – 5

- RW noted that clients are assessed, their Indicative Budgets identified and the individuals then choose their providers; she suggested that FNHC should consider how to make themselves more financially competitive and/or to consider their offering in order to ensure clients continue to choose their services

- JG noted that FNHC may decide not to remain in the market for traditional home care in the future

- JG noted that the next FNHC Committee meeting is 12 April, as Ann Esterson is away for 7 weeks

Commissioning Intention 5 – HSSD to fund District Nursing, with a revised specification and metrics. In progress

- RW reiterated that HSSD are intending to fund District Nursing (all service provision costs). An updated service specification is required

- JS and FNHC to revise and update the service specification and metrics in Q1 (action as per previous meeting); this will include considering service models from other jurisdictions and their

outputs / outcomes, modelling to understand volumes, understanding the current services and identifying gaps

Commissioning Intention 8 – produce a project plan to improve sustainability. Not received

- FNHC had not produced an initial draft project plan. This was an agreed action from the previous meeting, and was to be discussed in this meeting

- A short discussion ensued regarding workstreams; RW asked if FNHC needed help to produce the initial draft; JG / AB noted that they could do it

- (action from previous meeting) JS to then work with FNHC to develop the plan, to be agreed (and for actions to be progressed) no later than 31 March

AOB

- AB and AT to discuss and confirm the contract amount for the main contract

- Costed workforce proposal for RRRT still required. A word document had been received in late October, but this did not demonstrate clearly what was proposed in terms of the existing

and future team. Detailed costings were received on 29th January. Both elements need to be brought together, in order to clearly show:

• 2015 staffing and cost
• Proposed staffing and how this differs from the original
• Reasons – how this will increase capacity and value for money
• Proposed cost (which must be within the original envelope)

- A short discussion was held regarding strategic / future ambitions for RRRT, including which organisation should employ staff once the team has moved to business as usual'

Appendix C

Health and Social Services Department Peter Crill House

Gloucester Street

St Helier

Jersey

JE2 3QS

Ann Esterson

Chairman

Family Nursing and Home Care Le Bas

St Saviour's Road

St Helier

Jersey

JE2 4RP

13 April 2016

Dear Ann

Re: Health and Social Services Commissioning Intentions for 2016

Thank you for meeting with myself and my officers. I think we had some useful and interesting discussions, and I hope the meeting went some way to clarifying the way forward, which we have discussed at various times over the past 2 years. As I noted at the meeting, I appreciate and value the work that is done by Family Nursing and Home Care. You are a much-loved Jersey organisation, and I know that many Islanders benefit from your services and hold you in high regard.

I have attached a letter from Rachel Williams to Julie Gafoor, which I hope will provide you with the technical detail and clarity that you have requested. I hope this addresses your questions, and also those which you raised in your email last Monday. I will try to respond to your email firstly; I have written your original email in blue, for ease of reading:

(1) Health will no longer fund any home care for the elderly (unlike the UK which funds it albeit on a limited budget). It was unclear whether homecare services currently paid through a block contract would continue to be funded by Health, typically complex child cases.

- the Long Term Care Benefit funds care for some Islanders, others will be considered within policy 1', which is being developed this year. Towards the end of the year we will be able to confirm the funding sources for all adults. Notwithstanding this, HSSD will continue to fund care for anyone under the age of 18.

(2)Existing funding, largely targeted at the more vulnerable elderly through FNHC, will  be withdrawn. There is no intent to purchase any social care for the elderly through any provider.

- As I explained in our meeting, from 1st January 2017 we will fully withdraw the subsidy which is being used to reduce your home care charges.

(3)Jersey residents in need of homecare support will have to find a provider and pay the full cost of such services at a price the market determines. (4) Those who qualify for the Long Term Care Allowance will have a component to cover all or part of the cost (depending on fees charged by providers.)

- this is correct, and has been the case since the introduction of the Long Term Care benefit in 2014. An individual's Long Term Care Benefit amount is determined by their needs assessment and their ability to meet their initial care costs themselves.

5. The less well-off and cash poor who don't come into the LTCA categories may be helped through the Income Support System but this has yet to be confirmed. I am unclear whether the Policy 1 proposal has been approved by the Social Security Minister,what level of support, if any, might be given and the timeframe.

- HSS is working very closely with the Social Security Department to ensure that low income households will be able to receive means tested support with care costs through an extension of Income Support Personal Care components.

6. You  want  to  keep  FNHC  in  the  mix  of  providers  but  may  be  unable  to  help  ease  the transition of the elderly receiving homecare services at a reduced to a full rate from FNHC ( and also FNHC's transition to the creation of a business model arm of the organisation) after the end of this year.

- I want Islanders to have choice, in order to achieve this we need a number of providers.

7. The policy intent is to fund District Nursing Services in full butas yet the basis of assessing full costs and timeframe is unclear.

- I understand that both of our teams have agreed to complete this work by the end of this month; Rachel's letter (attached) refers to this.

As explained in the meeting, I am clear that my Department needs to cease the home care subsidy from 1st January 2017, and also needs to improve value for money from District

Nursing. To that end, Rachel has set out a clear timescale and expectations in her letter to your Chief Executive. I believe this is a considered and achievable plan, which should provide you with enough time to make any changes, for example, by considering whether you wish to subsidise your services using other funding sources. I just wanted to be clear, though, that this isn't the same as removing a block contract', and I was heartened that you understood this in the meeting and expressed your commitment to achieving the subsidy removal.

In terms of District Nursing, our teams will continue to work together on the service specification, and the amount of services that Islanders need. I understand that this will be complete by the end of this month.

I can also confirm that the funding for Children's services will remain at 2015 levels for the remainder of 2016.

In summary, I wanted to note that I understand you are concerned about the changes facing FNHC, but I hope you also agree that there are many opportunities to develop and integrate care in order to ensure that services remain safe, sustainable and affordable and are delivered in partnership.

I intend to continue to support the most vulnerable individuals in our society, in particular by investing in rapid response, reablement home care, mental health and sustained home visiting, and I hope that FNHC will continue to be a key partner in this journey, receiving additional funding to provide some of these new and expanded services.

I trust this letter has helped to clarify your questions, and I would like to take this opportunity to thank you again for your hard work and dedication, and to the difference you make to Islanders on a daily basis.

Yours sincerely

Senator Andrew Green MBE

Minister for Health and Social Services States of Jersey

Copy:

Constable Refault Deputy McLinton Julie Garbutt Rachel Williams Jason Turner

Health and Social Services Department Peter Crill House

Gloucester Street

St Helier

Jersey

JE2 3QS

Julie Gafoor

Chief Executive

Family Nursing and Home Care Le Bas

St Saviour's Road

St Helier

Jersey

JE2 4RP

13 April 2016

Dear Julie

Re: Health and Social Services Commissioning Intentions for 2016

I am writing following the meeting between HSSD and yourselves on 1st April. In that meeting, and  in  your  recent  letter,  you  requested  further  clarity  regarding  HSSD's  Commissioning Intentions and in particular regarding timescales.

I will address each of the three services in turn (Home Care, District Nursing and children's services):

Home Care

As noted at the meeting, it is useful to consider two elements separately:

1. Withdrawal of home care subsidy and reduction in home care cost base
2. Clarity over funding sources (Long Term Care Benefit and Policy 1)

To be completely clear, we are not removing a block contract'; we are withdrawing the (anti- competitive) HSSD subsidy and also working with you to identify the most appropriate funding sources for your clients. This needs to have been fully implemented by 1st January 2017, but the subsidy transition needs to start immediately.

I will outline each of the two elements separately:

Withdrawal of subsidy

As your Chairman recognised in the meeting, the Department cannot continue to subsidise the cost of your home care services, as these services are now provided in a competitive market; to continue the subsidy using taxpayers' money would be unfair to the other providers.

In my letter of 18th December 2015, I offered an extension to your 2015 Agreement for a further 3 months, in order to provide you with some additional time to transition (noting that

the subsidy withdrawal had first been signalled in 2014). It was agreed that you would produce a project plan, and John Spicer was made available to you 1 day per week to assist with either reducing your cost base / increasing productivity (a contractual obligation from 2014 and 2015), or making decisions regarding utilisation of charitable funding to subsidise your market rates.

Calculations undertaken by our Finance Department indicate that your direct costs of home care are c£40 per hour; I am aware that you receive income of £11 per hour from clients, therefore the required subsidy is £29 per hour. If the income you received from clients was set at the market rate of £19 per hour, you would require a £21 per hour subsidy from HSSD in order to achieve your current full direct cost recovery of £40 per hour.

With this in mind, the following timescales will apply:

1. From 1 May, HSSD will fund 100% of Home Care activity at £29 per hour (i.e. covering your direct costs of care)
2. From 1 August, HSSD will fund at £21 per hour (i.e. covering the direct costs of care after deducting the market rate for care)
3. From 1 August, all 48 clients currently receiving LTCB will no longer receive any HSSD subsidy.

The rate at which you market your services is, of course, a matter for you to decide. Whilst we cannot require you to utilise alternative funds to subsidise your Home Care, I would expect you to consider using your charitable funds or reserves in the period to 1 January 2017 (when the Income Support Personal Care Component 4 is planned to be introduced), in order to protect individuals from financial hardship.

In terms of the safe transition and achievability of my proposals, my understanding is that you are projecting home care activity in 2016 that is 30% below your activity levels from 2015; I am assuming this will have an associated cost base reduction and, when considered along with the financial information above, an immediate reduction in HSSD's subsidy should be safely achievable.

Funding Sources

I understand that previous discussions have clarified there are 4 categories of clients:

1. Individuals currently in receipt of Long Term Care Benefit, who are already appropriately

using this to purchase home care services

2. Individuals currently in receipt of Long Term Care Benefit, who are not using this to purchase home care services
3. Individuals who may be eligible for the Long Term Care Benefit, but have not yet been

assessed

4. Individuals who do not meet the Long Term Care Benefit criteria (policy 1')

I understand that you have reduced the number of clients for whom you provide home care, to approximately 220 individuals, c58% of whom you believe have care needs at GNS 3 – 5. You also currently have 48 clients who are already in receipt of Long Term Care Benefit.

With this in mind, I am proposing that, over the course of 2016, we will assess all of your clients using our standard assessment tool, and will transfer their funding to the Long Term Care Benefit at that point.

I have asked Chris Dunne to confirm the timescales for these assessments with you.

As you are aware, we are also progressing political decisions regarding policy 1'; this being the clients who are not eligible for the Long Term Care Benefit but for whom the States will in future provide means tested funding through Income support. This policy will be complete by Q4 2016.

In our January meeting you agreed to alter your financial reporting to provide clarity regarding funding sources, and to progress service line costing once the 2015 accounts are closed; this should provide you with clarity in order to robustly plan the transition of funding sources.

District Nursing

As stated in the Commissioning Intentions and in meetings in January and February, HSSD will commission and fund District Nursing, against a revised specification and metrics. I understand that the specification has been completed by John Spicer and Tia Hall ; the next step is to specify the level (volumes) of services that HSSD wish to commission, based on International benchmarks. This will be complete by 30th April 2016.

The new specification, with clear commissioned volumes and metrics, will be introduced from 1 January 2017; until then, HSSD will continue to fund District Nursing at the same levels as in 2015. Given the 2014 contractual requirement to improve productivity and efficiency, and the fact that your funding has increased with inflation since that time rather than reducing to take account of increased productivity, this should provide you with sufficient financial headroom to transform services safely in the remaining 8 months of the year.

Children's Services

I can confirm that the funding for Children's services will remain at 2015 levels for the remainder of 2016. Andrew Heaven will discuss any required changes to Children's services with you in Q3 2016.

Any new Agreement will apply from 1 January 2017 for 2 years, during which time, HSSD may decide to re-tender services.

Summary

I understand your concerns regarding the changes facing FNHC, but I hope you also agree that there are many opportunities to develop and integrate care in order to ensure that services remain safe, sustainable and affordable and are delivered in partnership. Both P82 and the Sustainable Primary Care Strategy are important in this regard, and FNHC have been a key partner in this journey, receiving additional funding to provide new services such as Rapid Response and Reablement.

I trust this letter has clarified the required timescales and funding levels, and I look forward to continuing our regular meetings and to working together as you move safely towards the new funding arrangements.

Yours sincerely

Rachel Williams

Director of System Redesign and Delivery

Health and Social Services

States of Jersey Department

cc. Ann Esterson; Senator Green; Constable Refault; Deputy McLinton; Julie Garbutt; Rachel Williams; Jason Turner

Appendix D follows

3. DEPUTY G.P. SOUTHERN OF ST. HELIER OF THE CHIEF MINISTER REGARDING REVENUE-RAISING MEASURES TO REPLACE THE HEALTH CHARGE: [9637]

Question

What measures, if any, does the Chief Minister have under consideration to replace the revenue that would otherwise have been raised by 2019 via the health charge and when does he expect to be in a position to bring proposals to the Assembly; and will he ensure that any required tax- raising measures will not exempt those with the highest incomes and will not be regressive in nature?

Answer

Jersey is in a strong position. We have considerable reserves, minimal debt and assets of nearly £6 billion. We are in this position because we have consistently looked ahead and prepared for the future, and we want to keep it that way. The Medium Term Financial Plan will maintain this success for future generations by allocating investment in our key public services.

The Fiscal Policy Panel supported our overall fiscal approach and accepted that, post Brexit, it was reasonable to extend the target for balanced budgets to the next MTFP period. We now need to work with Members to find a way to maintain the balance between income and spending while also supporting investment in essential services.

We must also act on what the FPP advised in August: the States should support the economy in the short term and move towards a more sustainable position in the medium term, irrespective of the exact future relationship between the UK and the EU.

Two weeks ago this Assembly approved the Medium Term Financial Plan. This plan sets the direction of the island's public finances for the next three years and provides a comprehensive financial planning structure for the States.

Its approval has given the go-ahead for investment in projects that will make a real difference to islanders. A number of announcements will follow in the coming weeks and months to update islanders on the progress of this work.

Members, on balance, decided not to approve the proposed health charge. By 2019 this will leave a funding gap of £15m per year.

As well as this reduction in ongoing States income, Health and Social Services will lose £15 million from its cash limits over the three years of this plan. This is because the three planned transfers of £5 million a year in 2017, 2018 and 2019 from the Health Insurance Fund will not now go ahead – as they were dependent on the introduction of the health charge.

Ministers remain committed to the important investment in Health and social care, as outlined in the plan. But we are also committed to ensuring we can afford the investment and do not undermine our progression towards sustainable finances. So we are considering how to achieve this planned investment in a sustainable, affordable way. Without adequate savings, efficiencies and revenue raising – we cannot fund the planned growth.

We plan to take time to explore the options for replacing ongoing States income as this will not be a quick fix. We intend to engage with Members as we develop these options, and will be issuing invitations to a number of workshops in the New Year.

4. DEPUTY M. TADIER OF ST. BRELADE OF THE MINISTER FOR EDUCATION REGARDING NON-GENDER-SPECIFIC UNIFORMS IN SCHOOLS: [9638]

Question

Will the Minister state what policy, if any, is in place regarding non-gender-specific uniforms in schools and explain what choice is given to students who wish to wear uniforms not traditionally associated with their birth gender?

Answer

Policies relating to transgender issues in Jersey schools are currently being developed in conjunction with the Law Officers' Department. In the meantime best-practice guidance from UK schools is being used, where necessary, to support transgender young people. Head teachers and other school staff have recently taken part in training on the Discrimination (Jersey) Law 2013, including gender issues. This professional training was provided by the Jersey Advisory and Conciliation Service (JACS).

Jersey schools are intended to be inclusive environments and will work with transgender young people to ensure flexibility so that that any distress is minimised and they feel supported. School uniform should not present an issue: just as for any other pupil, transgender students in a mixed school would be expected to follow the school uniform policy for their preferred gender. Where a school is single sex or where specific issues arise, schools will work with individual students to ensure their needs are met.

5. DEPUTY M. TADIER OF ST. BRELADE OF THE MINISTER FOR EDUCATION REGARDING FUNDING OF THE JERSEY MUSIC SERVICE: [9639]

Question

What plans, if any, are there to reduce funding for the Jersey Music Service during the course of the current Medium Term Financial Plan?

Answer

The Medium Term Financial Plan for 2017-2019 includes a proposal, which we are now examining in detail, for a new operating model for the Jersey Music Service from 2019. A working party has been formed to prepare a detailed plan over the next two years.

6. DEPUTY M. TADIER OF ST. BRELADE OF THE MINISTER FOR EDUCATION REGARDING THE PLAY PARK AT LES QUENNEVAIS PLAYING FIELDS: [9640]

Question

What progress, if any, has there been on consulting with current and potential users of the play park on Les Quennevais playing fields in order to improve facilities for users?

Answer

This facility comes under the remit of the Sports Division, which has been the responsibility of the Economic Development, Tourism, Sport and Culture Minister since 1st January 2016. The Education Department is therefore not involved in any consultation.

7. DEPUTY G.P. SOUTHERN OF ST. HELIER OF THE MINISTER FOR EDUCATION REGARDING SALARY LEVELS FOR NEWLY QUALIFIED

TEACHERS  IN  COMPARISON  WITH  THOSE  IN  THE  UNITED  KINGDOM: [9641]

Question

Will the Minister inform Members whether his statement in the debate on Newly Qualified Teachers' (NQTs) salaries, (P.68/2016 (Amd)), that "NQTs starting work in Jersey currently earn up to £16,000 or 70% more than their counterparts in the UK" compared teachers employed on a like-for-like basis at the same entry point and, if not, on what basis that comparison was made; and will he complete the following table to show the different levels of starting salary available to NQTs here and elsewhere?

What evidence does he have to support his assertion that reducing NQTs' starting salaries by £8,000 would leave such salaries "still 9% higher than the rate for teachers in Inner London"?

What monetary incentive does he intend to offer to Jersey NQTs compared to UK NQTs, given the difference in price levels between the two jurisdictions (as shown in the final column of the table)?

Answer "Question

Will the Minister inform Members whether his statement in the debate on Newly Qualified Teachers' (NQTs) salaries, (P.68/2016 (Amd)), that "NQTs starting work in Jersey currently earn  up  to  £16,000  or  70%  more  than  their  counterparts  in  the  UK"  compared  teachers employed  on  a  like-for-like  basis  at  the  same  entry  point  and,  if  not,  on  what  basis  that comparison was made; and will he complete the following table to show the different levels of starting salary available to NQTs here and elsewhere?"

Answer

"Question

What evidence does he have to support his assertion that reducing NQTs' starting salaries by £8,000 would leave such salaries "still 9% higher than the rate for teachers in Inner London"?"

Answer

In practice, all newly qualified teachers in Jersey start on entry point 3, which is £38,296. This is the actual starting wage. Points 1 and 2 have not been used for more than four years because of the requirement for our teachers to have a degree at the 2:2 grade or above.

Reducing this actual salary to £30,296 would mean it is 9% higher than the inner London starting wage, which is entry point 1 or £27,819.

"Question

What monetary incentive does he intend to offer to Jersey NQTs compared to UK NQTs, given the difference in price levels between the two jurisdictions (as shown in the final column of the table)?"

Answer

This  will  be  subject  to  the  forthcoming  consultation  and  negotiations  between  the  States Employment Board and the teachers' unions.

8. DEPUTY  S.Y. MÉZEC  OF ST.  HELIER  OF THE  MINISTER  FOR  SOCIAL SECURITY REGARDING THE LEVEL OF JERSEY'S MINIMUM WAGE: [9642]

Question

Will the Minister advise whether Jersey's minimum wage will fall behind those of both the United Kingdom and Guernsey if the recent proposal from the Employment Forum is adopted, and would she undertake to implement a more substantial rise than is being proposed to ensure workers in Jersey earn more than their counterparts in Guernsey?

Answer

This information is already in the public domain. As stated in R.102/2016, I have accepted the recommendation of the Employment Forum that the minimum wage should be increased to £7.18 per hour with effect from 1 April 2017. This rate applies to all employees aged 16 and above[1].

That report also states the position in the UK and Guernsey where differential minimum wage rates are set depending on the age of the employee. In the UK, hourly rates range from £4.00 per hour for those aged 16 and 17 to £7.20 per hour for those aged 25 and above. In Guernsey (subject to approval later this month), a rate of £6.50 per hour is proposed to be paid to employees aged 16 and 17 from 1 January 2017, with a rate of £7.20 proposed for those aged 18 and above.

The Employment Forum is an independent body that undertakes a comprehensive review each year before making its recommendation on the level of the minimum wage. This year they came to a unanimous decision taking into account a range of factors, which include the economy of Jersey and competitiveness.

I fully support the proposal put forward by the well-respected Employment Forum and have no plans to challenge their recommendation.

9. DEPUTY G.P. SOUTHERN OF ST. HELIER OF THE MINISTER FOR EDUCATION REGARDING PROPOSALS FOR TEACHERS' PAY SCALES: [9643]

Question

Will the Minister advise:

1. what proposals, if any, are being considered for teachers' pay other than a reduction in Newly Qualified Teachers' (NQTs) pay scales;
2. where on the pay spine NQTs will be placed when their qualification year ends;
3. what measures, if any, will be taken to avoid a two-tier pay structure between those who arrive having achieved their NQT status elsewhere and those who qualify in Jersey; and
4. what measures, other than pay incentives, will he be pursuing in orderto attract the best quality teachers to the Island; and
5. whether the budget for teachers' pay will be reduced following consultation on workforce modernisation?

Answer

1. A review ofthe terms and conditions for teachers will take place as partofthe overall Workforce Modernisation plan. This has not yet started so there are no proposals at this stage other than the proposed reduction in the NQT starting salary.
2. Any change to pay for teaching staff would be subject to consultation and negotiation between teaching unions and the States Employment Board.
3. Candidates who come from the UK to complete their NQT year will earn the same as those training through the Jersey Graduate Teacher Training Programme. The Education Department has no plans to change this arrangement unless it is raised in the forthcoming negotiations. Teacherswhoare already qualified and have completed their NQT year will be on a different salary level to NQTs. This applies irrespective of where they trained.
4. The Education department willcontinueto liaise with high quality UK universities toenable direct recruitment of their graduates. There will be higher profile national advertising.
5. The future budget for teachers' pay will depend on the outcome of negotiations between the unions and the States Employment Board.

10. DEPUTY M.R. HIGGINS OF ST. HELIER OF THE MINISTER FOR TREASURY AND  RESOURCES  REGARDING  REPORTS  IN  RESPECT  OF  TAXES COMMISSIONED SINCE 2004: [9644]

Question

Will the Minister list the number of reports into taxes that have been commissioned in Jersey since 2004, stating whether they were internal or external reports, what they were specifically about, their cost, and which were not made public?

Answer

The reports into taxes' commissioned since 2004 are included in the table below, along with their cost. All listed were externally produced.

11. DEPUTY M.R. HIGGINS OF ST. HELIER OF THE MINISTER FOR TREASURY AND RESOURCES REGARDING TAX INCOME FROM MINING COMPANIES AND HEDGE FUNDS: [9645]

Question

With regard to States income, will the Minister provide details of:

1. the number of mining companies operating from the Island since 2008to date, and the total amount which they have generated in taxation each year; and
2. the number of hedge funds operating in the Island each year since 2008 with details of the total amount of taxation they have generated each year?

Answer

The Taxes Office does not currently identify either mining companies or hedge funds as separate trade classes for statistical purposes; and is unable therefore to extract the information requested from its computer systems.

The trade-classification system used in the Taxes Office is currently being reviewed with a view to improving statistical and information systems – as part of the planned renewal of the Taxes Office computer systems (for which we have recently invited tenders). This will most likely involve classifying all entities with a Jersey tax reporting obligation by reference to the standard industrial classification (SIC) codes from 2007. This will ensure a consistent approach to trade classification across the States of Jersey.

12. DEPUTY  M.R. HIGGINS  OF  ST.  HELIER  OF THE  MINISTER  FOR INFRASTRUCTURE REGARDING  THE  ENERGY  FROM  WASTE  PLANT: [9646]

Question

With regard to the Energy from Waste Plant, will the Minister provide full details of:

1. how much money was allocated to landscaping / reducing the visual aspect ofthe Plant, with a breakdown of how exactly this money was spent;
2. how much energyhas been generated by the Planteach year since it was commissioned to the present, and how much money has been generated from the resultant sale of electricity and how this compares with budgeted figures for this period;
3. the total number of times the plant has broken down since it was commissioned, with details of the causes, the duration, and cost to the public of each incident; and
4. how close tocapacity the Planthasbeenoperatingatsince it was commissioned todate, giving the cost of failing to operate to capacity in terms of lost revenue?

Answer

1. The breakdown for the landscaping and planting for the Energy from Waste (EfW) project is as follows:

2. The breakdown of the electricity generated is as follows:-

Since the commissioning and operation of the new EfW plant at La Collette, the income received from the Jersey Electricity Company in respect of power has steadily reduced, due both to market conditions and the volumes of waste received which have reduced as a result of the success of the Island's recycling initiatives and the current economic downturn. The net effect of this is that the income budget was unrealistically high, and in 2016 the Department received a growth bid totalling £1.2 million and was able to reduce its budgeted income to a more realistic total.

3. The Department does not have a recordofthetotal number of times the plant has broken down since it was commissioned, with details of the causes, the duration, and costto the public of each incident.

The plant has a significant number of technical mechanical and electrical components that break down and cause temporary operational difficulties which is expected on a plant of this size and complexity.

The Bellozanne Incinerator was shut down at Christmas 2010 and since then the new EfW plant has successfully processed all the waste that has been delivered to it.

4. The plant has a capacity of 105,000 tonnes of waste per annum at a calorific value of 9.2MJ/kg. Presently the Island does not produce 105,000 tonnes ofwasteso unless waste is imported it is not possible to continuously run the plant at full capacity. The Island waste arising is a complex issue which can be influenced by population, prosperity and international waste regulations. The plant was designed and sized to remove the risk of having a plant that is too small for the Island need and thus at the moment there is spare capacity.

The Island is producing about 70,000 tonnes of waste per year however the CV is slightly higher than the designed 9.2MJ/kg. This leaves a spare capacity of approximately 20,000 to 25,000 tonnes per  year. If this waste were available the increase in revenue would be approximately 25%.

13. DEPUTY M.R. HIGGINS OF ST. HELIER OF THE MINISTER FOR TREASURY AND RESOURCES REGARDING TAX REVENUE UNDER THE ZERO-TEN' TAX REGIME: [9647]

Question

With regard to the zero-ten' tax regime, will the Minister explain:

1. how much tax revenue has been generated for each year since its inception to the present by:
   1. financial service firms paying at 10%;
   2. utilities paying at 20%;
2. the estimated loss of tax revenue each year to present from externally-owned companies since the regime came into force; and
3. the estimated loss oftaxrevenueeach year to present from locally-owned companies due to

1. tax evasion; and
2. tax avoidance?

Answer

1. The information requested has been recently published in response to a States Written Question (9383) from Deputy Mezec tabled on 26 April 2016 (2009 to 2013 years of assessment) and a response to a Freedom of Information request (2014 year of assessment) published in September this year.

The data provided in those responses is summarised in the following table:

1. 2009 to 2013 data extracted from Taxes Office system as at 6 April 2016
2. 2014 data extracted from Taxes Office system as at 19 September 2016

2. An answer to this question in respect of non-financial services companies was provided in the States Assembly on 5 October last year in response to an oral question from the Deputy . The best estimate of tax lost each year from externally owned trading companies available at that time was £7.6m. The estimate was based on the tax returns submitted by non-locally owned, non-finance trading companies for the 2008 year of assessment – the last year for which they were required to submit accounts and pay tax at 20%. It is not possible to refine this estimate at this time for various reasons which include:

• The historic nature of the last specific data on tax payable
• The global recession and return to growth over this period
• The movement of companies in and out of the Island over this period

It is not possible to provide any specific data re financial services companies that are externally owned. However the above referenced question did address the position with regard to financial services companies as a whole.

For the future, the Taxes Office is gathering more information via the corporate tax returns.

From the 2015 tax return, data is being gathered in respect of the profits of companies regarded as resident in Jersey or with a permanent establishment in Jersey and subject to tax at 0% where a Jersey resident individual ultimately owns more than 2% of the ordinary share capital of the company. This information will be available some time after 1 January 2017 when the 2015 return deadline has closed.

The 2016 tax return will require details of profits from all companies subject to tax at 0% and carrying out trading activities in Jersey. This information will be available some time after 1 January 2018 when the 2016 return deadline has closed.

3. The Assembly is aware from an earlier written answer that the Taxes Office is proposing to undertake work to estimate Jersey's "tax gap" – that is the difference between what ought to be taxed and what is collected. Work is likely to commence in summer 2017 and take around two years to complete.

To assist Members' understanding in this area the OECD defines tax avoidance and tax evasion as follows:

"Tax Avoidance" – A term that is difficult to define but which is generally used to describe the arrangement of a taxpayer's affairs that is intended to reduce his tax liability and that although the arrangement could be strictly legal it is usually in contradiction with the intent of the law it purports to follow.

"Tax Evasion" – A term that is difficult to define but which is generally used to mean illegal arrangements where liability to tax is hidden or ignored (i.e. the taxpayer pays less tax than he is legally obligated to pay by hiding income or information from the tax authorities).

14. THE DEPUTY OF ST. JOHN OF THE MINISTER FOR EDUCATION REGARDING THE WORK OF THE JERSEY CURRICULUM COUNCIL: [9648]

Question

Will the Minister advise in relation to the Jersey Curriculum Council:

1. How many times the Council has met;
2. Who the Council has consulted in respect of the Jersey Curriculum;
3. How much information has been disseminatedby the Council and how the public are able to access this information;
4. What consideration, if any, has been given to jurisdictions other than the United Kingdom (UK) for research and advisory purposes; and
5. What ability the Council has, if any, to depart from the UK's Key Stage 4 curriculum decisions?

Answer

1. The Jersey Curriculum Council is a statutory body createdunder the Education (Jersey)Law 1999 that meets everyacademic term. So far in 2016 it has met in February and July. The third meeting is due to take place later this term.
2. During the formulation ofthe Jersey Curriculum there was widespread consultation withthe teaching profession, particularly through the curriculum groups that bring together specialists in specific subjects.
3. ThechangestotheJersey Curriculum have been primarily communicated to parents through schools so that parents have the opportunityto raise issues directlywith the relevant teachers. A parents' guide to the new primary curriculum was produced and, as well as being available in schools, this isonlineat gov.je along with the whole curriculum fromKeyStage 1 toKey Stage 4.
4. Intheearlystagesof the worktoupdatetheJersey Curriculum comparisons were carried out with a number of other jurisdictions including Ireland, Singapore, Finland, Scotland, Wales, Northern Ireland and England. The International Baccalaureate system was also explored.

As a result of research, the Jersey Curriculum is based on the National Curriculum of England but differs from it in a number of ways to reflect the Island's unique circumstances. For instance, history and geography have been adapted to include Jersey-centric study, and Personal, Social and Health Education (PSHE) has been retained as a mandatory subject for all students. The Jersey curriculum at Key Stage 4 also includes the drama option as a discrete subject, unlike the UK.

5. The Key Stage 4 courses of study are designed to ensure that Jersey students achieve recognized Level 2 qualifications, which areGCSE and equivalents. These enable them to progress to Level 3 to take A-levels, the International Baccalaureate or equivalent qualifications and then go on to university. The list of approved qualifications is reviewed annually and there is scope to alter it if there is demand or need for other qualifications.

15. DEPUTY S.Y. MÉZEC OF ST. HELIER OF THE MINISTER FOR EDUCATION REGARDING THE 14+ TRANSFER TO HAUTLIEU SCHOOL: [9649]

Question

What consideration, if any, is the Minister currently giving to reviewing the 14+ entry point to Hautlieu School and will he be seeking any reforms to this aspect of Jersey's education system?

Answer

There are no plans to change the 14+ entry point to Hautlieu School. As you would expect, all aspects of the education system are part of ongoing professional discussions but any proposal for major structural change would be the subject of a States debate.

16. DEPUTY S.Y. MÉZEC OF ST. HELIER OF THE MINISTER FOR TREASURY AND RESOURCES REGARDING ORGANISATIONS IN RECIEPT OF STATES GRANTS: [9650]

Question

Will the Minister provide a list of those organisations which previously regularly received a States grant and which have either had that grant reduced or cut entirely since the Minister took office?

Answer

Grants to organisations are at the discretion of each department based on an evaluation of whether they support the objectives of the Department and the overall Strategic Objectives of the States of Jersey. Due to the discretionary nature of grant funding, the level of funding and recipients of grants vary between years. In some cases, there will be continuity in the organisations receiving grant funding but the reason for the grant may change to support different objectives. Equally, different organisations may be in receipt of grant funding in different years to achieve the same objective. For that reason, it is important to consider the wider allocation of grants and their targeted nature in response to this question.

All grant allocations are disclosed in the States of Jersey Financial Report and Accounts (Accounts) and the corresponding Annex. Any significant individual grant, now defined as £75,000 and over, is identified in the Grants Note in the Accounts (page 154 in the 2015 Accounts). Grants below this amount are listed in the Annex in Appendix A.

The Minister took office in 2014 so the analysis provided in this response focuses on changes in grants allocated between 2014 and 2015. 2016 grants will be reported in the 2016 Accounts and Annex.

Appendix 1 below provides a comparison of grants allocated in detail for 2014 and 2015 and at a higher level for 2012 and 2013 organised by the awarding Department. Appendix 2 expands this to provide detail of every grant allocated in 2014 and 2015 organised by the recipient organisation's name.