States Meeting Transcript - 12th July 2016

STATES OF JERSEY OFFICIAL REPORT TUESDAY, 12th JULY 2016

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

1. Welcome to His Excellency the Lieutenant Governor...................................9
2. Senator Z.A. Cameron - resignation .....................................................9
3. Assistant Greffier of the States designate ................................................9

QUESTIONS ......................................................................................9

2. Written Questions........................................................................9

1. DEPUTY J.M. MAON OF ST. SAVIOUR OF THE MINISTER FOR TREASURY AND RESOURCES REGARDING DEPARTMENTAL UNDERSPENDS: [9540].....9
2. DEPUTY S.Y. MÉZEC OF ST. HELIER OF THE MINISTER FOR TREASURY AND RESOURCES REGARDING BUDGETED EXPENDITURE FOR PROMOTION OF THE DRAFT MEDIUM TERM FINANCIAL PLAN ADDITION FOR 2017-2019: [9541] ................................................................11
3. DEPUTY S.Y. MÉZEC OF ST. HELIER OF THE MINISTER FOR TREASURY AND RESOURCES REGARDING REVENUE TO BE RAISED BY THE PROPOSED HEALTH CHARGE: [9542]..............................................12
4. DEPUTY S.Y. MÉZEC OF ST. HELIER OF THE MINISTER FOR EDUCATION REGARDING THE PROPOSED REDUCTION IN SALARIES FOR NEWLY- QUALIFIED TEACHERS: [9543].....................................................12
5. DEPUTY M. TADIER OF ST. BRELADE OF THE MINISTER FOR EDUCATION REGARDING USER PAYS' CHARGES IN RESPECT OF THE JERSEY MUSIC SERVICE: [9544] ......................................................................13
6. DEPUTY M. TADIER OF ST. BRELADE OF THE MINISTER FOR ECONOMIC DEVELOPMENT, TOURISM, SPORT AND CULTURE REGARDING A PROPOSED REDUCTION IN GRANTS FOR CULTURE: [9545]....................14
7. DEPUTY M. TADIER OF ST. BRELADE OF THE MINISTER FOR EDUCATION REGARDING PROPOSED LIBRARY SERVICE SAVINGS: 9546]..................14
8. DEPUTY M. TADIER OF ST. BRELADE OF THE MINISTER FOR THE ENVIRONMENT REGARDING USER-PAYS' CHARGES DETAILED IN THE DRAFT MEDIUM TERM FINANCIAL PLAN ADDITION FOR 2017-2019: [9547].15
9. DEPUTY G.P. SOUTHERN OF ST. HELIER OF THE MINISTER FOR HOME AFFAIRS REGARDING CHANGES TO THE STATES OF JERSEY POLICE DETAILED IN THE DRAFT MEDIUM TERM FINANCIAL PLAN ADDITION

FOR 2017-2019: [9548] ................................................................15

1

10. DEPUTY G.P. SOUTHERN OF ST. HELIER OF THE CHIEF MINISTER REGARDING NEGOTIATIONS IN RESPECT OF PROPOSALS TO REDUCE NEWLY-QUALIFIED TEACHERS' SALARIES: [9549] .............................19
11. DEPUTY G.P. SOUTHERN OF ST. HELIER OF THE MINISTER FOR EDUCATION REGARDING PROPOSALS TO REDUCE MAINTENANCE GRANTS FOR ON-ISLAND DEGREES: [9550] ......................................19
12. DEPUTY G.P. SOUTHERN OF ST. HELIER OF THE MINISTER FOR SOCIAL SECURITY REGARDING REDUCTIONS IN BACK TO WORK' SERVICES: [9551] ..................................................................................20
13. DEPUTY G.P. SOUTHERN OF ST. HELIER OF THE MINISTER FOR HEALTH AND SOCIAL SERVICES REGARDING SAVINGS PROPOSALS IN THE DRAFT MEDIUM TERM FINANCIAL PLAN ADDITION FOR 2017-2019: [9552]..........21
14. DEPUTY M.R. HIGGINS OF ST. HELIER OF THE MINISTER FOR HOME AFFAIRS REGARDING OPERATION RECTANGLE': [9553]......................22
15. DEPUTY M.R. HIGGINS OF ST. HELIER OF THE MINISTER FOR HOME AFFAIRS REGARDING THE RESPONSE OF THE FORMER CHIEF OFFICER

OF THE STATES OF JERSEY POLICE TO THE WILTSHIRE REPORT: [9554]....23

16. DEPUTY M.R. HIGGINS OF ST. HELIER OF THE CHIEF MINISTER REGARDING NEW INWARD MIGRATION: [9556] ................................24
17. DEPUTY M.R. HIGGINS OF ST. HELIER OF THE MINISTER FOR EDUCATION REGARDING CHILDREN WHO STARTED SCHOOL IN 2015: [9557].............24

3. Oral Questions ..........................................................................25

1. Deputy K.C. Lewis of St. Saviour of the Minister for Education regarding proposed reductions in pay for newly-qualified teachers: [9560] ................................25

Deputy R.G. Bryans of St. Helier (The Minister for Education):..............................25

1. Deputy K.C. Lewis :....................................................................25
2. Deputy G.P. Southern :..................................................................26
3. Deputy G.P. Southern :..................................................................26
4. Deputy S.Y. Mézec of St. Helier : ......................................................26
5. Deputy S.Y. Mézec : ....................................................................26
6. Deputy T.A. Vallois of St. John:........................................................26
7. The Deputy of St. John:................................................................27
8. Deputy M. Tadier of St. Brelade:.......................................................27
9. Deputy M. Tadier :......................................................................27
10. Deputy L.M.C. Doublet of St. Saviour:..............................................27
11. Deputy K.C. Lewis : .................................................................28

2. Deputy A.D. Lewis of St. Helier of the Chief Minister regarding the process for the redemption of business loyalty points under the States' travel policy: [9561].........28

Senator I.J. Gorst (The Chief Minister):......................................................28

1. Deputy A.D. Lewis :....................................................................28
2. Deputy A.D. Lewis :....................................................................29

3. Deputy M.R. Higgins of St. Helier of the Chief Minister regarding the number of firms with passporting' rights to establish a presence in another country in the European Union: [9563] ................................................................29

Senator P.F.C. Ozouf (Assistant Chief Minister - rapporteur): ................................30

1. Deputy M.R. Higgins: ..................................................................30
2. Deputy G.P. Southern :..................................................................30

3. Deputy G.P. Southern :..................................................................31
4. Deputy M.R. Higgins: ..................................................................31

4. Deputy G.P. Southern of the Minister for Education regarding the proposed

increase in revenue spend on nursery, primary, secondary and higher education: [9565]....................................................................................32

Deputy R.G. Bryans (The Minister for Education):...........................................32

1. Deputy G.P. Southern :..................................................................33
2. Deputy S.Y. Mézec : ....................................................................33
3. Deputy M.R. Higgins: ..................................................................33
4. Deputy G.P. Southern :..................................................................33

3.5. Deputy D. Johnson of St. Mary of the Minister for Treasury and Resources regarding the liability of non-resident property owners to pay Jersey tax: [9558]....34

Senator A.J.H. Maclean (The Minister for Treasury and Resources):.........................34

1. The Deputy of St. Mary:................................................................34
2. Deputy M. Tadier :......................................................................34
3. Deputy C.F. Labey of Grouville : .......................................................34
4. The Deputy of St. John:................................................................35
5. Deputy M.R. Higgins: ..................................................................35
6. Deputy S.Y. Mézec : ....................................................................36
7. Deputy S.Y. Mézec : ....................................................................36
8. Deputy A.D. Lewis :....................................................................36
9. The Deputy of St. Mary:................................................................37

6. Deputy A.D. Lewis of the Minister for Economic Development, Tourism, Sport and Culture regarding Active Card membership for those aged over 80 years: [9562]....37

Connétable S.W. Pallett of St. Brelade (Assistant Minister for Economic Development,

Tourism, Sport and Culture - rapporteur):..............................................37

1. Deputy A.D. Lewis :....................................................................38
2. Deputy K.C. Lewis :....................................................................38
3. Deputy M. Tadier :......................................................................38
4. Deputy G.P. Southern :..................................................................39
5. Deputy G.P. Southern :..................................................................39
6. Deputy M. Tadier :......................................................................39
7. Deputy L.M.C. Doublet :................................................................39

8. Deputy A.D. Lewis :....................................................................40

7. The Deputy of St. Mary of the Minister for Social Security regarding the possibility of means testing the maternity grant available to new parents: [9559]................40

Deputy S.J. Pinel of St. Clement (The Minister for Social Security): .........................40

1. The Deputy of St. Mary:................................................................40
2. Deputy G.P. Southern :..................................................................41
3. Connétable C.H. Taylor of St. John:....................................................41

8. Deputy M.R. Higgins of the Chief Minister regarding the growth in net inward migration of registered people from January 2013 to 2015: [9564]....................41

Senator P.F. Routier (Assistant Chief Minister - rapporteur):.................................42

1. Deputy M.R. Higgins: ..................................................................42
2. Deputy G.P. Southern :..................................................................42
3. Deputy G.P. Southern :..................................................................42
4. Deputy M. Tadier :......................................................................43
5. Deputy M. Tadier :......................................................................43
6. The Connétable of St. John:............................................................43
7. Deputy S.Y. Mézec : ....................................................................44

8. Deputy S.Y. Mézec : ....................................................................44
9. Deputy G.P. Southern :..................................................................44
10. Deputy G.P. Southern :..............................................................44
11. Deputy M.R.Higgins:...............................................................44

9. Deputy G.P. Southern of the Minister for Treasury and Resources regarding the impact of the U.K. decision to leave the European Union on the economic outlook: [9566]....................................................................................45

Senator A.J.H. Maclean (The Minister for Treasury and Resources):.........................45

1. Deputy G.P. Southern :..................................................................45
2. Deputy M.R. Higgins: ..................................................................46
3. The Deputy of St. John:................................................................46
4. The Deputy of St. John:................................................................47
5. Deputy G.P. Southern :..................................................................47

4. Questions to Ministers without notice - The Minister for Treasury and Resources ..48

1. Deputy M. Tadier :......................................................................48 Senator A.J.H. Maclean (The Minister for Treasury and Resources):.........................48

1. Deputy M. Tadier :......................................................................48
   2. Deputy S.Y. Mézec : ....................................................................49
   3. Deputy K.C. Lewis :....................................................................49

4.3.1 Deputy K.C. Lewis :....................................................................49

4. Deputy R. Labey of St. Helier : .........................................................50
5. Deputy J.A. Martin of St. Helier:.......................................................50

4.5.1 Deputy J.A. Martin:....................................................................50

6. The Deputy of St. John:................................................................51
7. Deputy G.P. Southern :..................................................................51

4.7.1 Deputy G.P. Southern :..................................................................51

8. Deputy J.A. Hilton of St. Helier : .......................................................51

5. Questions to Ministers without notice - The Minister for Education..................52

1. Connétable J. Gallichan of St. Mary:...................................................52 Deputy R.G. Bryans (The Minister for Education):...........................................52

1. The Connétable of St. Mary:............................................................52
   2. Deputy G.P. Southern :..................................................................52

5.2.1 Deputy G.P. Southern :..................................................................53

3. Deputy K.C. Lewis :....................................................................53
4. Deputy M. Tadier :......................................................................53

5.4.1 Deputy M. Tadier :......................................................................54

5. Deputy G.P. Southern :..................................................................54

5.5.1 Deputy G.P. Southern :..................................................................54

6. Deputy M. Tadier :......................................................................54

5.6.1 Deputy M. Tadier :......................................................................55

7. Senator P.F.C. Ozouf :..................................................................55
8. Deputy G.P. Southern :..................................................................56

5.8.1 Deputy G.P. Southern :..................................................................56

9. Deputy M. Tadier :......................................................................56

5.9.1 Deputy M. Tadier :......................................................................56

10. Deputy J.A. Martin:....................................................................56

5.10.1 Deputy J.A. Martin: .................................................................57

6. Urgent Oral Questions..................................................................57

1. Deputy R. Labey of the Chief Minister regarding review by departments of findings of the States Complaints Board:........................................................57

Senator I.J. Gorst (The Chief Minister):......................................................57

1. Deputy R. Labey : ......................................................................57
2. The Deputy of St. John:................................................................58

3. The Deputy of St. John:................................................................58
4. The Connétable of St. John:............................................................58
5. The Connétable of St. John:............................................................59
6. Deputy J.M. Maçon of St. Saviour:.....................................................59
7. Deputy G.P. Southern :..................................................................60
8. Deputy M.R. Higgins: ..................................................................60
9. Deputy R. Labey : ......................................................................60

2. Deputy G.P. Southern of the Minister for Health and Social Services regarding thorough review of the complaint made by an Ophthalmic Consultant:..............61

Senator A.K.F. Green (The Minister for Health and Social Services):........................61

1. Deputy G.P. Southern :..................................................................61
2. Deputy R. Labey : ......................................................................62
3. Deputy M. Tadier :......................................................................62
4. Deputy M. Tadier :......................................................................62
5. The Deputy of St. John:................................................................62
6. Deputy S.Y. Mézec : ....................................................................63
7. Deputy R.J. Renouf of St. Ouen : .......................................................63
8. The Deputy of St. Ouen:................................................................64
9. Deputy G.P. Southern :..................................................................64
10. Deputy G.P. Southern :..............................................................64

STATEMENTS ON A MATTER OF OFFICIAL RESPONSIBILITY........................64

7. The Chairman of the Health and Social Security Panel - statement regarding its forthcoming report on zero-hour contracts............................................64

7.1 The Deputy of St. Ouen (Chairman, Health and Social Security Scrutiny Panel):.......64

1. Deputy S.Y. Mézec : ....................................................................66
2. Deputy G.P. Southern :..................................................................66
3. Deputy L.M.C. Doublet :................................................................66
4. The Deputy of St. John:................................................................67

PUBLIC BUSINESS.............................................................................67

8. Draft Double Taxation Relief (Arrangement with the United Kingdom) (Jersey) Act 201- (P.51/2016)..........................................................................67

8.1 Senator P.M. Bailhache (The Minister for External Relations):.........................68

8.1.1 The Deputy of St. John:................................................................68

9. States Approval of Assistant Ministers' appointments (P.53/2016)....................69

Senator I.J. Gorst :............................................................................70 Deputy M. Tadier :............................................................................70 Deputy J.A. Martin:..........................................................................71 9.1 Deputy J.A. Martin:....................................................................72

1. Deputy M. Tadier :......................................................................73

LUNCHEON ADJOURNMENT PROPOSED .................................................76 LUNCHEON ADJOURNMENT ................................................................76

2. Deputy J.A. Martin:....................................................................76

10. Draft Public Elections (Amendment No. 6) (Jersey) Law 201- (P.52/2016)............77

1. Connétable L. Norman of St. Clement (Chairman, Privileges and Procedures Committee):............................................................................78
   2. The Connétable of St. Clement : .....................................................78

2. The Connétable of St. Clement:........................................................78

10.2.1 Deputy G.P. Southern :..............................................................78

11. Draft Health Insurance (Amendment No. 15) (Jersey) Law 201- (P.58/2016).........79

1. Deputy S.J. Pinel (The Minister for Social Security):...................................80

1. Senator P.F. Routier:................................................................81
2. Senator A.K.F. Green:...............................................................81
3. The Deputy of St. Ouen : ............................................................81
4. Deputy S.J. Pinel: ...................................................................81

2. Deputy S.J. Pinel:......................................................................83

12. Draft Unlawful Public Entertainments (Jersey) Regulations 201- (P.56/2016)........83

1. Connétable D.W. Mezbourian of St. Lawrence (Assistant Minister for Home Affairs - rapporteur):............................................................................84

1. Deputy M. Tadier :...................................................................84
2. The Connétable of St. Lawrence : ....................................................85

2. The Connétable of St. Lawrence:.......................................................86

1. Deputy M. Tadier :...................................................................86
2. Connétable A.S. Crowcroft of St. Helier:............................................86
3. The Connétable of St. Lawrence : ....................................................86

13. Draft Advocates and Solicitors (Amendment No. 6) (Jersey) Law 201- (P.57/2016)..87

1. Senator P.M. Bailhache (The Minister for External Relations):.........................88
2. Senator P.M. Bailhache :................................................................88
3. Senator P.M. Bailhache :................................................................89

4. Senator P.M. Bailhache :................................................................89

1. Senator P.F.C. Ozouf :...............................................................89
2. Senator P.M. Bailhache :.............................................................89

14. Draft Income Support (Amendment No. 14) (Jersey) Regulations 201- (P.59/2016)..89

1. Deputy S.J. Pinel (The Minister for Social Security):...................................89

1. Deputy J.A. Martin: .................................................................90
2. Deputy G.P. Southern :..............................................................91
3. Deputy A.E. Pryke of Trinity :.......................................................91
4. The Deputy of St. John : .............................................................91
5. Deputy M. Tadier :...................................................................92
6. Senator P.F.C. Ozouf :...............................................................93
7. Deputy S.J. Pinel: ...................................................................94

2. Deputy S.J. Pinel:......................................................................96

1. Deputy M. Tadier :...................................................................96
2. Deputy G.P. Southern :..............................................................96
3. Deputy S.J. Pinel: ...................................................................96

15. Draft Income Support (Special Payments) (Amendment No. 2) (Jersey) Regulations 201- (P.60/2016)..........................................................................98

1. Deputy S.J. Pinel (The Minister for Social Security):...................................99
2. Deputy S.J. Pinel:......................................................................99

1. Deputy G.P. Southern :..............................................................99
2. Deputy S.J. Pinel: ..................................................................100

16. Draft Social Security (Health Bonus Scheme) (Jersey) Regulations 201- (P.61/2016)101

1. Deputy S.J. Pinel (The Minister for Social Security):..................................101

1. Deputy G.P. Southern :.............................................................103
2. Deputy J.M. Maçon: ...............................................................103
3. The Deputy of St. John : ............................................................103
4. Deputy S.J. Pinel: ..................................................................104

2. Deputy S.J. Pinel:.....................................................................105

1. Deputy G.P. Southern :.............................................................105
2. Deputy J.A. Martin: ................................................................105
3. Deputy S.J. Pinel: ..................................................................106

17. Outsourcing Policy: safeguards (P.63/2016) ..........................................106

17.1 Deputy G.P. Southern :................................................................106

1. Senator I.J Gorst :..................................................................108
2. Deputy G.P. Southern :.............................................................108

18. Data Protection Commissioner: re-appointment (P.65/2015) - reduction of lodging period: ..................................................................................109

18.1 Senator I.J. Gorst (The Chief Minister):...............................................109

1. Deputy M.R.Higgins:..............................................................110
2. Deputy G.P. Southern :.............................................................111
3. Senator P.F.C. Ozouf :..............................................................111
4. Deputy M. Tadier :..................................................................112
5. The Connétable of St. Mary:.......................................................112
6. The Connétable of St. John:........................................................113
7. Senator I.J. Gorst :..................................................................113 Deputy M.R. Higgins: ......................................................................114 Senator I.J. Gorst :...........................................................................115 Deputy M. Tadier :..........................................................................115 Deputy J.M. Maçon:........................................................................115 Deputy G.P. Southern :......................................................................116 Senator I.J. Gorst :...........................................................................116

19. Jersey Competition and Regulatory Authority: appointment of Chairman (P.69/2016) - reduction of lodging period..............................................117

19.1 Senator I.J. Gorst (The Chief Minister):...............................................117 Deputy M. Tadier :..........................................................................118 Mr. R.J. MacRae , H.M. Attorney General:..................................................118

1. Senator P.F.C. Ozouf :..............................................................118
2. The Deputy of St. Mary : ...........................................................119
3. Deputy J.A. Martin: ................................................................120
4. Deputy J.M. Maçon: ...............................................................120
5. The Deputy of St. Ouen : ...........................................................120
6. Deputy G.P. Southern :.............................................................121
7. Senator L.J. Farnham :..............................................................121
8. Connétable J.M. Refault of St. Peter : ..............................................122
9. Deputy M. Tadier :..................................................................122 The AttorneyGeneral:......................................................................123
10. The Connétable of St. John:.....................................................124
11. Deputy A.D. Lewis :.............................................................124

12. Deputy S.M. Brée:..............................................................125
13. Deputy M.J. Norton of St. Brelade:..............................................125
14. Senator I.J. Gorst :...............................................................125

20. Data Protection Commissioner: re-appointment (P.65/2016) ........................127

20.1 Senator P.F.C. Ozouf (Assistant Chief Minister - rapporteur):........................127

1. Deputy M.R.Higgins:..............................................................131
2. Deputy T.A. McDonald of St. Saviour:............................................133 Deputy M. Tadier :..........................................................................133 Deputy A.D. Lewis :.........................................................................134 Deputy M.R. Higgins: ......................................................................135 The Connétable of St. John:.................................................................135 Deputy M.J. Norton:........................................................................135 Deputy S.G. Luce of St. Martin : ............................................................135 Senator P.F.C. Ozouf :.......................................................................135 Deputy T.A. McDonald:....................................................................136 Deputy J.A. Martin:.........................................................................136 Senator L.J. Farnham :.......................................................................137 Deputy J.M. Maçon:........................................................................137 Deputy M. Tadier :..........................................................................137
3. Deputy M. Tadier :..................................................................138
4. Senator L.J. Farnham :..............................................................139
5. Senator P.F.C. Ozouf :..............................................................139

21. Jersey Competition and Regulatory Authority: appointment of Chairman (P.69/2016)..............................................................................140

21.1 Senator P.F.C. Ozouf (Assistant Chief Minister - rapporteur):........................140

ARRANGEMENT OF PUBLIC BUSINESS FOR FUTURE MEETINGS..................142

22. The Connétable of St. Clement (Chairman, Privileges and Procedures Committee): ..142

22.1 Deputy A.D. Lewis :...................................................................142

ADJOURNMENT..............................................................................143

[9:31]

The Roll was called and the Dean led the Assembly in Prayer. Senator Z.A. Cameron:

I would like to announce that I have informed the Bailiff of my resignation earlier this morning and I was informed therefore that I should not attend the Assembly. But I was keen if my name is going to be read out that it was not that I would be marked en defaut. I would like to make a statement but apparently I am not able to make it, so I have to resign from now.

COMMUNICATIONS BY THE PRESIDING OFFICER

1. Welcome to His Excellency the Lieutenant Governor The Deputy Bailiff :

On behalf of Members I would like to welcome His Excellency Lieutenant Governor to the Chamber this morning. [Approbation]

2. Senator Z.A. Cameron - resignation

As Members will be aware, I have received a letter from Senator Cameron notifying me of her resignation from the States and this announcement constitutes that resignation, and obviously the Royal Court will now move to make the necessary orders for a by-election. Mr. Attorney, if you could take the necessary steps.

3. Assistant Greffier of the States designate The Deputy Bailiff :

I would also point out to Members that Mr. William Millow is sitting in the Assembly. He will be observing the operation of the Greffe as he will be sworn in as an Assistant Greffier in September. [Approbation]

QUESTIONS

2. Written Questions

1. DEPUTY J.M. MAON OF ST. SAVIOUR OF THE MINISTER FOR TREASURY AND RESOURCES REGARDING DEPARTMENTAL UNDERSPENDS: [9540]

Question

Will the Minister provide the figures for underspends for each department for each of the past 5 years?

Answer

The Public Finances (Jersey) Law 2005 holds Accounting Officers, usually Chief Officers of Departments, personally accountable for the proper financial management of the resources allocated to them by the Assembly. Most notably in this context, the expenditure of the Department or body must not exceed the amount appropriated to it by a head of expenditure.

It is important to understand that fact when considering the way in which Departments manage their expenditure through the year to ensure spend is being focused in the areas required to meet their objectives but within the allocated funding. Departments must also manage the financial risks of any projected or unforeseen pressures.

Whilst the majority of departmental spend goes on operational expenditure to maintain services throughout the year, cash limits also provide funding for projects and elements of non-recurring

expenditure in each year to meet the needs of the department. This can include strategic planning, organisational change, one-off grants and minor equipment replacement.

This diversity of spending means that the timing of spend is not entirely aligned with the calendar year in which the funding allocation is provided. Consequently, departments will underspend against the allocations available to them in any given year and seek approval to carry forward unspent balances to continue spending on priority areas.

Ministerial Departments and Non-Ministerial States funded bodies have underspent by between 3.5% and 4.4% over the past 5 years, including elements of Central Contingencies allocations and Court and Case Costs funding. Details for each of the years 2011 – 2015 by Department can be found in the table in Appendix 1.

Further details can be found in the Annex to Financial Report and Accounts and in the Carry Forward Reports for each of the years.

The "budgets" for each year used to assess the level of underspends include each department's carry forwards from the previous year, Contingency funding and any other sums for one-off projects which may well straddle more than one year.

Appendix 1 – Department Underspend Against Final Approved Budget by Year – 2011 - 2015

Note: This analysis is based on the Departmental structure prior to P.46/2015 Draft States of Jersey (Transfer of  Functions No. 8) (Miscellaneous Transfers)(Jersey) Regulations 201-' which came into effect in 2016.

2. DEPUTY S.Y. MÉZEC OF ST. HELIER OF THE MINISTER FOR TREASURY AND RESOURCES REGARDING BUDGETED EXPENDITURE FOR PROMOTION OF THE  DRAFT  MEDIUM  TERM  FINANCIAL  PLAN  ADDITION  FOR  2017-2019: [9541]

Question

How much money has been budgeted for promotion of the Draft Medium Term Financial Plan Addition for 2017-19, including on the futurefocused.gov.je website, graphics and design, and how much of that budget has been spent to date?

Answer

The Medium Term Financial Plan is a large and complex document, and it is essential that it is explained to islanders in an accessible way. Many islanders will not have the time to read the document in full so the Council of Ministers has been looking for additional ways to explain it in summary form. The full document is also available on the site for those who want detailed information.

A document site was commissioned, designed and built at a cost of £9,964.50. The architecture for the site will also be used for subsequent government projects, so this is an investment for the future. As government moves towards more digital ways of communicating, this document site has environmental benefits and is in line with our commitment to e-government.

In addition, to communicate the plan, £9,754.60 is allocated per month until September to continue communicating with islanders. This will contribute to work on updating the website with more detailed information as we establish the questions Islanders have about the plan. It will also support the writing of blogs and news releases, responding to queries on social media and arranging face to face public meetings.

The cost of designing, printing and binding previous financial plans each year (Budget and MTFP Annex Update) has been approximately £15,000 per annum. The first MTFP (2013-2015) cost approximately £55,000, including elements of rebranding which are still in use. The savings from reductions in printing compared to previous years have already been taken account of in the MTFP Addition by the Treasury and Resources Department.

None of this budget has been paid out as yet.

3. DEPUTY S.Y. MÉZEC OF ST. HELIER OF THE MINISTER FOR TREASURY AND RESOURCES REGARDING REVENUE TO BE RAISED BY THE PROPOSED HEALTH CHARGE: [9542]

Question

Can the Minister provide an estimate of how much revenue would be raised from the proposed income- based health charge in 2018 and 2019, were it to be implemented without an upper cap?

Answer

Based on data from the 2014 year of assessment (the most recent year of assessment for which the Taxes Office has a complete data set) it is estimated that if the income cap were not applied the revenue raised from the proposed health charge outlined in the MTFP Addition 2017-2019 would increase by £1.3m in 2018 (when the proposed rate is 0.5%) and £2.6m in 2019 (when the proposed rate is 1%).

4. DEPUTY S.Y. MÉZEC OF ST. HELIER OF THE MINISTER FOR EDUCATION REGARDING THE PROPOSED REDUCTION IN SALARIES FOR NEWLY- QUALIFIED TEACHERS: [9543]

Question

What process was undertaken to reach the decision that the salaries for Newly Qualified Teachers should be reduced by £8,000 per year and what assessment has he made of how this decision is likely to affect teacher recruitment, given his previous acknowledgement in an Education and Home Affairs Scrutiny Panel quarterly hearing that his department faces difficulties with recruiting teachers?

Answer

In 2015 the central human resources team undertook a comparison of teachers' salaries in the UK and Jersey, which showed that Jersey teachers' pay is significantly higher in most cases than for teachers in maintained schools in England, even when the cost of living is taken into account. This informed the decision to propose a reduction in the NQT starting salary in future.

In setting a revised level, the average NQT pay for maintained schools in England were considered together with the rates for inner and greater London, all of which are currently well below Jersey. The rationale was to maintain the Jersey NQTs' pay at a level higher than the national average so that the Island remains attractive to new graduates.

If level 1 of the Jersey teachers' pay were to be reduced to approximately £25,500, NQTs working here would be on a par with colleagues in Greater London and above the national average for maintained schools, which is approximately £22,000. Level 1 for Jersey teachers is currently £33,500 but all NQT teachers recruited in the past four years have started on level three of the teachers' pay scale, which is closer to £38,000.

There is currently an over-supply of primary school teachers in Jersey. Recruitment in that area is not problematic. However, there is a shortage in some subjects at secondary level. It is envisaged that the reduction in NQT wages would give the Education Department the flexibility to offer incentives in harder to recruit areas. This is in line with the MTFP aim of targeting expenditure to where it is most needed or can be most effective.

Adjusting the Jersey NQT starting wage so that there is a greater differential between pay levels would also create a greater financial incentive for teachers to take on positions with greater responsibility.

The Education Minister is not directly involved with the pay and conditions of school staff. This responsibility rests with the States Employment Board. However, any changes to the terms of employment would be the subject of full and appropriate consultation with the teaching unions, with which the Department enjoys constructive, positive relationships.

5. DEPUTY M. TADIER OF ST. BRELADE OF THE MINISTER FOR EDUCATION REGARDING USER PAYS' CHARGES IN RESPECT OF THE JERSEY MUSIC SERVICE: [9544]

Question

With reference to page 153 of the Draft Medium Term Financial Plan Addition for 2017-19, will the Minister give details of what the £300,000 savings for 'user pays' in 2019 with regard to the Jersey Music Service entail? What consultation has been undertaken with the Service on this matter and can the Minister provide an assurance that this cut will not have a deterrent effect on young people learning a musical instrument?

Answer

Discussions are still under way to finalise the saving relating to the extra-curricular music tuition provided by the Jersey Music Service (JMS). This proposal is not due to be implemented until 2019 and the Education Department is working with the JMS staff, particularly their senior management team, to explore options for remodelling the service to ensure the JMS provision is in line with the aims of the Education Business Plan.

All students currently receive music lessons during the school day. These are a mandatory part of the curriculum and will not be affected by this MTFP proposal.

6. DEPUTY M. TADIER OF ST. BRELADE OF THE MINISTER FOR ECONOMIC DEVELOPMENT, TOURISM, SPORT AND CULTURE REGARDING A PROPOSED REDUCTION IN GRANTS FOR CULTURE: [9545]

Question

With reference to page 152 of the Draft Medium Term Financial Plan Addition for 2017-19, will the Minister explain the implications of the proposed "reduction in grants [for] - Culture" and set out which organisations' grants he plans to reduce?

Answer

The States Assembly agreed, through the States Strategic Plan, to prioritise investment in Health, Education, St Helier and economic growth, while balancing budgets by 2019. As highlighted in last year's debate on the Medium Term Financial Plan, this means we need to restructure our organisation and reprioritise our spending.

With this in mind, the Economic Development, Tourism, Sport and Culture Department has maintained grant funding for Jersey Heritage, Jersey Arts Trust, Jersey Arts Centre, and the Opera House throughout the plan period.

In addition, we have reinstated reductions previously identified by the then Education, Sport and Culture (ESC) Department for Jersey Heritage Trust's operation of the Jersey Archive and provided funding for Jersey Arts Trust's art house' project.

Prior to the Transfer of Functions on 1st January 2016, ESC identified a reduction of £29k in funding for the Don Balleine Trust (Jerriais). This will reduce funding in 2017 to £117k. No further reduction is planned for 2018 or 2019. Of the £117k up to £61k per annum has been allocated, with the agreement of the Don Balleine Trust, to the Education Department for the employment of 1 FTE to teach Jerriais in primary schools across the island.

By 2019 a forecast £10k reduction in the Department's programme budget for culture will be identified as a result of the Public Sector Reform review of Sport and Culture.

7. DEPUTY M. TADIER OF ST. BRELADE OF THE MINISTER FOR EDUCATION REGARDING PROPOSED LIBRARY SERVICE SAVINGS: 9546]

Question

With reference to page 153 of the Draft Medium Term Financial Plan Addition for 2017-19, will the Minister give details of what efficiencies are proposed in order to achieve the £100,000 saving in library services in 2019 and can he provide an assurance that this will not lead to a diminution in service quality or provision, including in relation to opening times?

Answer

The £100,000 savings in library services will be delivered by 2019 through a combination of natural wastage, new working practices and administrative changes.

Developing and extending the library service and improving the quality of the provision is a continued priority. The aim is to improve frontline services and the team have been working towards this for some time. For instance, in 2014 the Town Library opening times were increased by 2 ½ hours per week in response to public demand. Investigations are under way to explore how the service could further extend evening opening hours. This will continue to support self-study, literacy activities and access to the Library's extensive and growing range of resources and services, both physical and digital.

8. DEPUTY M. TADIER OF ST. BRELADE OF THE MINISTER FOR THE ENVIRONMENT REGARDING USER-PAYS' CHARGES DETAILED IN THE DRAFT MEDIUM TERM FINANCIAL PLAN ADDITION FOR 2017-2019: [9547] Question

With reference to page 154 of the Draft Medium Term Financial Plan Addition for 2017-19, will the Minister explain who he expects will pay the £200,000 and £800,000 user pays' charges shown as savings for 2018 and 2019 respectively and how the revenue from those charges will be broken down between food sale outlets and private rental dwellings?

Answer

The "User pays" charges shown on page 154 of the Draft Medium Term Financial Plan Addition for 2017-19, are conditional on changes in legislation through the usual States Assembly approval process. I would expect the charges to be paid by the Food Business Operators, and the Landlords of rented dwellings. The breakdown of amounts to be raised is based on the projected timetable for legislation. In 2018, £200,000 would be from Food Business Operators. In 2019, £300,000 would be from Food Business Operators and £500,000 from Landlords of Rented dwellings.

9. DEPUTY G.P. SOUTHERN OF ST. HELIER OF THE MINISTER FOR HOME AFFAIRS REGARDING CHANGES TO THE STATES OF JERSEY POLICE DETAILED IN THE DRAFT MEDIUM TERM FINANCIAL PLAN ADDITION FOR 2017-2019: [9548]

Question

Will the Minister inform members how the States of Jersey Police Force compares with those of England and Wales, the Isle of Man, Guernsey, Scotland and Northern Ireland in terms of the number of police officers per 100,000 population; for what reasons will a loss of 15 front-line response and community officers over the years 2017 - 2019, envisaged as part of the Draft Medium Term Financial Plan Addition, not result in a reduction in public safety; and what effect she expects there will be on public safety of reduced enquiry desk opening hours, changes to the lost and found' service and the referral of matters to other agencies as part of incident resolution?

Will she further inform members what proposals she has for changes to pay grades for civilian staff and a review of Police terms and conditions and pension changes? What effect does she expect that such changes will have on public safety?

In asking the States to endorse the budget for savings in 2017, will she inform members what further plans she has under consideration to meet her targets for 2018 and 2019?

Answer

1. Will the Minister inform members how the States of Jersey Police Force compares with those of England and Wales, the Isle of Man, Guernsey, Scotland and Northern Ireland in terms of the number of police officers per 100,000 population;

Direct comparisons with other forces in the British Isles are not straightforward due to differences in the utilisation of uniform and non-uniform staff to perform similar functions, differences in the use of volunteer staff (such as Police Community Support Officers, Special Constables, Community Volunteers and Honorary Officers), and differences in the organisation of national functions such as those to investigate financial and organised crime. Public source information does, however, enable the provision of some information, albeit that the numbers are not directly comparable and the time periods differ.

Crown Dependencies

In 2015, the States of Jersey Police (SoJP) reported an establishment of 218.5 FTE uniform officers (States of Jersey Police Annual Performance Report 2015), and Jersey's resident population was estimated at 102,700 (as at the end of 2015), making a ratio of 213 uniform officers per 100,000 of population. Guernsey reported 147 Police Officers (Guernsey Law Enforcement Annual Report 2015), and Guernsey's population was reported as 62,612 (at the end of March 2015), making a ratio of 235 uniform officers per 100,000 of population. The Isle of Man reported an establishment of 237 constables in 2014-15, excluding Special Constables and Community Volunteers (Chief Constable's Annual Report 2014-2015), with a latest population estimate of 84,497 (2011 census), making a ratio of 280 uniform officers per 100,000 of population.

Recognising that non-uniformed forces staff also undertake important frontline roles, as well as providing support to public safety and security, the inclusion of non-uniformed staff provides an indication of the total manpower directed towards policing. SoJP reported a total establishment of 334.2 FTE in 2015 (including 115.7 non-uniform staff), making a total policing force ratio of 325 staff per 100,000 of population. Guernsey Police reported 61 civilian support staff in 2013 (Guernsey Law Enforcement Report 2013), the last year in which separate data was presented for police civilian staff, which combined with the Police Officers reported for 2015, would provide an estimated total force of around 208, making a total policing force ratio of 332 staff per 100,000 of population. The Isle of Man reported 52 support staff in 2014-15, which combined with the number of constables provides a total establishment of 289, making a total policing force ratio of 342 per 100,000 population.

England & Wales, Scotland and Northern Ireland

Whilst it is not possible to present direct comparisons between the Islands and these mainland forces, some broad illustrative information can be provided. The figures below are all taken from a recent briefing paper entitled Police Service Strength prepared by the House of Commons Library (February 2016), unless otherwise stated.

There were a reported 125,185 FTE police officers serving in the 43 forces of England & Wales, excluding the British Transport Police and those on central service secondments, and with an estimated population of 57.4m (in mid 2014), this makes a total policing force ratio of 218 police officers per 100,000. Scotland is reported as having 17,295 police officers, with a population of 5.3m (in mid 2014), making a ratio of 326 police officers per 100,000 of population. The Police Service of Northern Ireland (PSNI) is reported as having 6,872 police officers, with an estimated population of 1.86m (in mid 2014), making a ratio of 369 police officers per 100,000 of population.

As at 31 March 2015, there were 80,322 FTE staff employed in supporting roles in England & Wales (comprising civilian staff, community officers, designated officers and traffic wardens), which combined with the number of police officers, makes a total policing force ratio of 358 staff per 100,000 of population. There are reported as being over 5,500 police civilian staff across Scotland (source: Police Scotland web site), which combined with the number of police officers, makes a total policing force ratio of 430 per 100,000 of population. The PSNI reports a total of 9,333 employees, comprising both PSNI Officers and other staff (PSNI Annual Report and Accounts for year ended 31 March 2015), which would indicate a total policing force ratio of 502 staff per 100,000 of population.

2. for what reasons will a loss of 15 front-line response and community officers over the years 2017 - 2019, envisaged as part of the Draft Medium Term Financial Plan Addition, not result in a reduction in public safety;

The SoJP does not expect to see any changes to its core functions. It will continue to:

1. Respond to emergencies
2. Focus on preventing crime
3. Protect the most vulnerable in our community.

In recent years, the SoJP has re-shaped and modernised its services to ensure it continues to meet the needs of our community. In parallel, the SoJP has also become more efficient and effective at policing the Island, and in particular following the introduction of the Jersey Police Authority. The SoJP is also benefitting from capital investment in a new Police Headquarters and for the introduction of mobile technology.

Set against this background, the proposed efficiencies and savings contained within the Draft Medium Term Financial Plan Addition 2017-2019 will require the SoJP to undertake a more fundamental review of its operations and services and is expected to change the way it delivers some services to the public.

The SoJP has developed 5 main strategies that are aimed at further improving reducing costs whilst also mitigating any impact to public safety and Island security:

New police operating model – this will improve operational efficiency as well as better regulating demand for police services. Once implemented, demands for police services will be prioritized by a dynamic assessment process that is based on Threat, Harm, Risk, Investigation, Vulnerability and Engagement (THRIVE). Based on the assessed priority, new services will also be put in place, including the introduction of resolution over the telephone, referral to a more appropriate agency, or introducing an appointments system where this is a more appropriate resolution.

Mobile technology – this is expected to create capacity and improve service to the public. By providing officers with a portable technology platform, access to relevant and real-time information, and simplifying /re-engineering core activities and processes, officers will be able to spend more time policing and less time undertaking administration.

New organisational structure – this will focus on developing the most efficient organisational structure based on the requirements set out by the new operating model.

Lean and digital working – maximising efficiency through the use of other technology (non-mobile), reducing internal demand and stakeholder expectations, re-negotiating contracts and further cutting out waste through Lean projects.

Collaboration – this seeks to identify partnership opportunities that reduce delivery costs. For example work has already started on:

- introducing a joint control room for the Fire and Police Services

- increased partnership working between SoJP and Jersey Customs and Immigration Service,

- Joint work on mental health issues with Health and Social Services Department.

Further collaboration is also expected through eGov initiatives.

3. What effect she expects there will be on public safety of reduced enquiry desk opening hours, changes to the lost and found' service and the referral of matters to other agencies as part of incident resolution?

It is not envisaged that public safety will be adversely affected by any of the savings strategies and initiatives. However, the public may see changes to the way in which existing services are delivered.

4. Will she further inform members what proposals she has for changes to pay grades for civilian staff and a review of Police terms and conditions and pension changes? What effect does she expect that such changes will have on public safety?

Work on the revised pay grades for civilian staff forms part of the Workforce Modernisation element of the Public Sector Reform Programme that is in progress. The outcome of any changes to civilian staff at SoJP will not be known until the process is complete.

Along with other uniformed services, a review of Police Officer terms and conditions of service has recently started and is currently expected to complete in Quarter 4, 2017. Proposals are under development and will be discussed with the Police Association and others in due course.

Changes to the Police pension scheme are already in effect for new recruits, and will take effect for existing officers on 1 January 2019. The main change is an increase in contribution rates for both the employer and employee. In addition, the Normal Retirement Age for a Police Officer is expected to increase to age 60. It is not anticipated that these changes will affect public safety.

5. In asking the States to endorse the budget for savings in 2017, will she inform members what further plans she has under consideration to meet her targets for 2018 and 2019?

Initial work has been completed to ensure the proposed SoJP savings can be met. Much of the savings for 2018 and 2019 will depend on the effective design of SoJP's new operating model and the introduction of mobile technology. Both these projects are not yet at a stage to commit to definitive final savings, which precludes more detailed budgets from being developed for 2018 and 2019. It is further hoped that reductions in non-uniformed staff headcount can be achieved, wherever possible, through natural wastage and without recourse to formal redundancy programmes.

As such, the Chief Officer of Police naturally has a degree of flexibility in how the proposed savings are delivered, recognising the over-riding priority to limit any adverse impact to public safety or island security.

10. DEPUTY G.P. SOUTHERN OF ST. HELIER OF THE CHIEF MINISTER REGARDING NEGOTIATIONS IN RESPECT OF PROPOSALS TO REDUCE NEWLY-QUALIFIED TEACHERS' SALARIES: [9549]

Question

How is the proposal in the Draft Medium Term Financial Plan Addition for 2017-19 to reduce newly qualified teachers' salaries by around £11,000 per year for 2018, generating a total saving of £228,000, consistent with the Chief Minister's commitment to the principle of collective bargaining, most recently expressed in the comments by the States Employment Board on P.29/2016 that the Board "has a deep-rooted framework of collective bargaining and representation, covering all aspects of workforce with sophisticated and well-resourced Trade Unions such as Unite, Prospect, NUT, RCN and NASUWT"?

Why have there been no negotiations with teacher representatives on this change to pay scales before the proposal appeared in the Draft MTFP Addition? Will the Chief Minister withdraw this proposal to allow time for proper negotiation to take place?

Answer

The Draft Medium Term Financial Plan (MTFP) Addition for 2017-19 identifies £240,000 of savings in 2018 and £480,000 in 2019 from a review of terms and conditions for newly qualified teachers.

There is an over-supply of primary school teachers in Jersey, and a shortage in some subjects at secondary level, and a reduction in the starting salaries of NQT would give the Education Department the flexibility to offer incentives in harder to recruit areas.

Any proposal is, however, not finalised as variations to the terms and conditions of States employees are subject to formal negotiation processes with our unions. As such, proposals will be fully discussed with the appropriate negotiating bodies (NASUWT and NUT), thus fulfilling the continued commitment to collective bargaining. Such proposals will form part of a wider Teachers' Workforce Modernisation project (TWFM) that will evaluate all elements of the employment package in the context of local and UK benchmarks as well as comparisons within the States of Jersey. This project is due to commence soon and will be conducted in partnership with our unions.

A comparison with salaries paid to teachers in maintained schools in England does show a significant differential with Jersey; however, a host of other factors will be considered during the Teachers' Workforce Modernisation project including the other associated terms and conditions of teachers, local benchmarks and the need to provide equal pay for work of equal value across the public sector.

11. DEPUTY G.P. SOUTHERN OF ST. HELIER OF THE MINISTER FOR EDUCATION REGARDING PROPOSALSTO REDUCE MAINTENANCE GRANTS FOR ON- ISLAND DEGREES: [9550]

Question

Given that the Minister is actively encouraging students to study to degree level on the Island and increasing the range of courses on offer here, for what reasons does he propose to reduce maintenance grants for on-Island degrees? Has any research been conducted by his department into the likely consequences of this decision for student numbers and, if not, why not?

Answer

The costs of doing a degree off island are greater than those on island so it is appropriate that the level of States support should reflect this. For example, a student studying in Jersey would not incur the same flight and other travel costs as a student on a UK course. Dependent students living at home are also likely to have lower living expenses. On-island students already benefit from lower tuition fees, which are up to £2,000 to £3,000 lower than in the UK.

The proposal would create greater parity in the financial support the States provides for islanders who are not currently in work. It also aims to target available funds to where they are needed most.

12. DEPUTY G.P. SOUTHERN OF ST. HELIER OF THE MINISTER FOR SOCIAL SECURITY REGARDING REDUCTIONS IN BACK TO WORK' SERVICES: [9551] Question

In the light of ongoing redundancies across the public service and the potential impact of downside pressures on the economy following the UK's decision to leave the European Union, does the Minister remain confident that she can deliver £2 million in savings and a reduction of 10 posts as set out in the Draft Medium Term Financial Plan Addition 2017-19 from reductions in Back to Work services?

Answer

As outlined in the Draft Medium Term Financial Plan, my department will deliver overall staff and administration savings of £3.5m and a reduction in staff numbers of 22.5 FTE by 2019. These savings support the overall aims of the Medium Term Financial Plan to invest in health and education, by increasing productivity and reducing costs.

To support the Council of Ministers' Strategic Priorities, the department is committed to helping more people into employment through Back to Work schemes, including helping more individuals with long term health conditions back into work. We will balance our progress supporting new groups to find employment with our success in reducing mainstream unemployment and the prevailing economic conditions. It is expected that by 2019 the overall expenditure on Back to Work programmes will have reduced by approximately £2m per annum.

The department is continuing to drive improvements in the efficiency of its services through the application of the LEAN methodology, which, in addition to improving customer service, will generate additional capacity within the department. This in turn can be translated into savings, for example by not replacing staff who leave.

These efficiencies are also expected to allow a reduction in the number of Full Time Equivalent (FTE) employees over the period across the department.

13. DEPUTY G.P. SOUTHERN OF ST. HELIER OF THE MINISTER FOR HEALTH AND SOCIAL SERVICES REGARDING SAVINGS PROPOSALS IN THE DRAFT MEDIUM TERM FINANCIAL PLAN ADDITION FOR 2017-2019: [9552]

Question

Will the Minister detail for members the following savings proposals summarised on page 155, Appendix 2, of the draft Medium Term Financial Plan Addition for 2017-19:

1. developing and modernising workforce management and practices, saving £652,000 by 2019, with the loss of 4 posts;
2. review, develop and redesign adult social care and long-term care provision, saving £500,000 by 2019;
3. further phasing of P82/2012, and further delivery of cash releasing efficiencies, saving £1.2 m with the loss of 5 posts?

Will he further describe in detail what changes he proposes to means testing and maximising income under the section User Pays to raise £625,000 by 2019?

Answer

Health & Social Services (HSS) is one of the priority areas identified by the Council of Ministers in the States Strategic Plan and, as such, is receiving almost £40 million of additional annual funding by 2019.

The department, however, is always seeking to deliver services to Islanders in the most efficient and effective way possible, while prioritising the safety of patients. The Safely Removing Costs programme was set up to manage and deliver savings and efficiencies over the course of this MTFP period.

Proposals are put forward by management, clinicians and staff, and are then rigorously reviewed in line with the department's criteria of safe, sustainable and affordable'. Where proposals are deemed appropriate, they are taken forward and delivered. This is an iterative process – some proposals are considered and then rightly rejected, others are modified and others are delivered as proposed.

In preparing the MTFP Addition, the department identified the savings as set out in the programme at the date of submission – proposals continue to be carefully considered and will only be delivered if they are safe, sustainable and affordable.

The savings proposals summarised on P155 of the MTFP Addition include the following:

1. Developing and modernising workforce management and practices

Current proposals being considered include, but are not limited to:

• Hospital management team restructure
• Review of medical rotas
• Facilities services management team restructure
• Review of skill mix
• Reduced spend on locum and temporary staff
• Reducing lengths of stay in the hospital; and

• Review of shifts and rota patterns

Posts relate to the expected impact of restructures and changes to rotas.

2. Review, develop and redesign adults social care and long-term care provision

Current proposals being considered include, but are not limited to:

• Reviewing provision of long-term care services to bring a consistent approach that will protect the most vulnerable
• Move towards more self-directed support
• Co-location of mental health services leading to improved efficiencies
• Reviewing provision of day services; and
• Review of costs associated with high cost packages of care

3. Further phasing of P82/2012 and further delivery of cash releasing efficiencies

As the first department to embed LEAN methodology, HSS has a track record in delivering efficiencies year on year through improved productivity and changes to processes. In addition the department has been running the Safely Removing Costs (SRC) programme for a year now, which has enabled a systematic review of services and activities in order to support the delivery of savings. £1.2m, which is equivalent to £400,000 per annum for each of the three years of the MTFP Addition, is therefore approximately 0.2% of the annual HSS budget. The department has consistently delivered efficiencies of this level in previous years.

These efficiencies need to be achieved by 2019 – and therefore the department is in the early planning stages of how to deliver this additional £1.2m and no specific schemes have been identified. It is expected that, as a significant proportion of the HSS budget is for staff, a proportion of this efficiency will be delivered through changes to staffing resulting in the reduction of approximately 5 posts. This estimate is based on recent experience of reviews conducted as part of the SRC programme. No specific posts have been identified at this stage.

Put alongside other savings and efficiencies targets, this target will be challenging, and therefore the department has identified that some of it may be met, non-recurrently, through phasing of P82/2012 investment to commence a few weeks or months later than currently planned.

Means testing and maximising income:

Current proposals being considered include, but are not limited to:

• Reviewing the travel subsidy in order to introduce a more equitable and manageable approach to the subsidy aimed at ensuring support for the most vulnerable
• Moving to market rates for private patient charges through the introduction of a trading operation for private patients (as defined in sections 24 to 26 of the Public Finances (Jersey) Law 2005). This is subject to consideration by the Minister for Treasury and Resources and subsequent approval by the Assembly.
• Assessing current chargeable services and considering removing or adjusting existing levels of subsidy in these services to ensure that services are equitable.

14. DEPUTY M.R. HIGGINS OF ST. HELIER OF THE MINISTER FOR HOME AFFAIRS REGARDING OPERATION RECTANGLE': [9553]

Question

Will the Minister undertake to establish why the summary forensic report for the Operation Rectangle investigation was removed from the States of Jersey Police website, inform members of the reasons, and ensure that it is reinstated and if not, why not?

Answer

The States of Jersey Police are not entirely clear which report is being referred to, although are aware that the Senior Investigating Officer during the initial phase of Operation Rectangle chose to post a report on the police website.

Such an action could potentially undermine or prejudice any future criminal proceedings and is not, therefore, in accordance with current Police procedure and practice.

In addition, the Independent Jersey Care Inquiry has considered Operation Rectangle as part of its Terms of Reference and the Inquiry Panel is expected to submit a final report by the end of this year.

For these reasons, the States of Jersey Police will not be posting any Operation Rectangle reports on their website.

15. DEPUTY M.R. HIGGINS OF ST. HELIER OF THE MINISTER FOR HOME AFFAIRS REGARDING THE RESPONSE OF THE FORMER CHIEF OFFICER OF THE STATES OF JERSEY POLICE TO THE WILTSHIRE REPORT: [9554]

Question

Will the Minister undertake to ask the Police to publish a copy of the redacted response of the former Chief Officer of the States of Jersey Police to the Wiltshire Report on the States of Jersey Police website next to the Wiltshire Report, given that it has been placed on the Independent Care Inquiry website, and if not, why not?

Answer

The former Chief of Police has given evidence to the Independent Jersey Care Inquiry which covered the Wiltshire Report and his response to it. As part of that evidence he exhibited Exhibit GP1 a very detailed statement which he provided in 2009 to Brian Moore , the Chief Constable of Wiltshire Police, as part of Operation Haven, which was a disciplinary enquiry into the discharge of his role as Chief Officer in relation to Operation Rectangle. Where matters stated within Exhibit GP1 were relevant to his evidence to the Inquiry, and within his understanding of its Terms of Reference, he repeated the information, or referenced it appropriately. He also previously produced two Affidavits, Exhibit GP2 (dated 5 January 2009) and Exhibit GP3, as part of a Judicial Review application he pursued against the decision to suspend him from the SOJP in 2008. Again, he referenced or repeated information from those Affidavits in his statement where appropriate.

This information is already in the public domain, available on the Independent Jersey Care Inquiry Website. I will not, therefore, be asking the Police to publish a copy on the States of Jersey Police website for two reasons. Firstly, it is already in the public domain and secondly, it represents the views of the former Chief of Police and is not a report commissioned by the States of Jersey Police.

16. DEPUTY M.R. HIGGINS OF ST. HELIER OF THE CHIEF MINISTER REGARDING NEW INWARD MIGRATION: [9556]

Question

Will the Chief Minister advise members how many dependents accompanied the 1,500 people recorded in the 2015 population report as net inward migrants and give a breakdown of their ages, gender and nationality? If this information is not available will the Chief Minister explain why it is not available?

Answer

The independent Statistics Unit produces an annual estimate of the Island's resident population using a range of data sources, including the labour market survey (constituting a census of employed people), school roll information, as well information from other sources such as Health and Social Services. The methodology includes assumptions based on the behaviour of inward migrants (length of stay, household structure) as recorded at the time of the 2011 Census.

The estimate for net migration in 2015 was +1,500 people into the Island, comprising 1,100 workers, 300 non-economically active dependent adults, and 100 school age and pre-school age children.

The Statistics Unit's current methodology, developed over the last 15 years and based on robust administrative data sources, derives statistical estimates only; this methodology cannot produce a more detailed breakdown by age, gender or nationality.

Given appropriate resources over the next few years, the Statistics Unit aims to develop an e- Census in order to produce a more detailed breakdown of the population. Such an e-Census will, in principle, be derived from a wider range of administrative sources, including data from the Social Security Department, Population Office and Income Tax Department.

17. DEPUTY M.R. HIGGINS OF ST. HELIER OF THE MINISTER FOR EDUCATION REGARDING CHILDREN WHO STARTED SCHOOL IN 2015: [9557]

Question

Will the Minister advise members how many children entered Island schools for the first time in 2015, distinguishing between children from the resident population and children whose parents constituted part of the cohort of net inward migration in 2015? Will he also state how many of those children have a first language other than English and what provision schools made to support them?

Answer

In the calendar year 2015, 208 children new to Jersey started in non fee-paying schools. This was across all year groups from Reception to Year 11.

Children also leave the island during the course of the school year, so the overall school population did not increase by 208. In January 2015 there were 12,049 children in Jersey schools. This rose by 0.04% (net) by January 2016 when there were 12,054 students in the system.

89 of the children who arrived in Jersey during 2015 had English as an Additional Language (EAL). This is recorded irrespective of the child's proficiency in English so some might be fluent and not in need of additional help. Those students who do need assistance are supported by the EAL team based at Rouge Bouillon School who help them to access the curriculum through additional tuition in English.

In the academic year 2015-2016 the EAL team worked with 59 pupils who were new to Jersey as well as other children who were born here. The figures are not available for the calendar year.

3. Oral Questions

1. Deputy K.C. Lewis of St. Saviour of the Minister for Education regarding proposed reductions in pay for newly-qualified teachers: [9560]

What contribution will cutting £11,000 per annum from the pay of newly qualified teachers make towards ensuring that education is a priority in the Medium Term Financial Plan, as Ministers have stated?

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

Thank you to the Deputy for allowing me to articulate this particular answer. First of all there is no proposal to cut N.Q.T.s' (newly qualified teachers) pay by £11,000. That figure was reported in error by the media when the M.T.F.P. was lodged. The proposal - and it still is only a proposal - is to reduce the starting salary of our new teachers possibly by up to £8,000. But not in areas or subjects where it is difficult to recruit. I must stress that any variations to the terms and conditions, including pay, of States employees are subject to formal negotiations and processes with our unions. Education remains a key priority in the M.T.F.P. We are receiving nearly £11 million in extra revenue funding and major capital investments at a time when States finances are under unprecedented pressure. We have also had to carefully prioritise all our expenditure across the department. The adjustment to teachers' pay scales is part of the process of redirecting all spending to where it is needed most and has the greatest impact on students. We currently have an over- supply of primary school N.Q.T.s but shortages in other areas, so it makes sense to focus the funding where it can have the biggest impact, and that is in attracting specialists to the Island. As an example, it could be used to attract more maths specialists to the Island.

[9:45]

1. Deputy K.C. Lewis :

I do concede to the Minister that the quote was "could" drop the salary by but I have checked with the J.E.P. (Jersey Evening Post) and the quote is correct inasmuch as if we drop to the London rates it will be an £8,000 drop. If we drop to the rest of the country it will be an £11,000 drop. The Minister is no doubt aware that there is sometimes difficulty recruiting good quality staff encouraging local people to come back to the Island to teach and, indeed, encouraging people from the U.K. (United Kingdom). With the people retiring in the future there could be a ripple effect of a shortage of staff going through. Does the Minister not agree?

Deputy R.G. Bryans:

I agree there could be a ripple effect if that were indeed the problem but Jersey N.Q.T.s can currently start on £33,564 but in the past 4 years they have all started on the higher level of £38,000 because they have Honours degrees. The U.K. average for a maintained school is £22,000 to £25,000 and it was highlighted for me yesterday. I was out yesterday evening with 2 gentlemen from Newcastle University who have helped us recruit 4 new science teachers who will be starting in September. As we got into the cab the cab driver said to me - they who are the fonts of all knowledge: "I think you are doing the right thing" and I said: "How do you know that?" He said: "I have 2 daughters who are primary school teachers. One in the U.K. who receives somewhere between £22,000 to £23,000 and one here in Jersey who receives £38,000."

2. Deputy G.P. Southern :

Will the Minister for Education explain why he has not insisted that formal negotiations have taken place or should take place with the representatives of the teachers? Why has that not happened?

Deputy R.G. Bryans:

That is happening. We have spoken to the unions quite a lot on this subject and we are still in those negotiations. Those negotiations will happen between the States Employment Board and the unions but the unions are fully aware of what we have considered.

3. Deputy G.P. Southern :

Would the Minister for Education care to consider his answer? Has there been any formal negotiations on salary scales for new qualified teachers yet?

Deputy R.G. Bryans:

Formal, no. But we already have had those conversations.

4. Deputy S.Y. Mézec of St. Helier :

The States of Jersey's own Strategic Plan says that one of their priorities in education is to raise standards. Is the Minister honestly telling us and the public of Jersey that we can expect to raise standards by cutting so drastically the salaries of the people who are meant to be delivering this?

Deputy R.G. Bryans:

I think I have already illustrated what we are trying to do is reframe the problem and look at the situation that we have. We have an oversupply of primary school teachers but we are concerned about the situation with secondary school teachers. So this will give us the opportunity, if it were necessary - and again why we were having the meeting yesterday, with the 2 gentlemen from Newcastle University - to increase some of the salaries for secondary school teachers should that be necessary.

5. Deputy S.Y. Mézec :

In an earlier question he said that this was still just a proposal but we have seen in the M.T.F.P. we have been given the figures. So the question is: what on earth will we actually be voting on in September if it seems that what we have in front of us is just figures out of nothing and does not represent anything because the Minister changes his mind all the time?

Deputy R.G. Bryans:

I am not sure that I do change my mind all the time. These are just proposals. Anything that is in the Medium Term Financial Plan is exactly that.

6. Deputy T.A. Vallois of St. John :

One of the Minister's main aims is raising standards throughout this term. There is data accessible with regards to efficiency index, which states that class sizes and teachers' pay are the most important elements to the outcome of standards or potential for children. Could the Minister explain how this particular proposal will affect the potential and standards of children in Jersey?

Deputy R.G. Bryans:

Once again I do not think it does. These proposals are for newly qualified teachers. They do not affect the teachers already in this situation. They are simply the new teachers that will come on the Island. We have had discussions right across the board with union members and we will as the Deputy said, these are not formal discussions at this point in time, that will take place with the States Employment Board. But as far as we are concerned, with regard to the education that our teachers provide and will provide in the future is first class.

7. The Deputy of St. John :

On the basis of the Minister's answer, can I ask then why it is that it is only newly qualified teachers that are being looked at in terms of reducing newly appointed in terms of pay but this is not being subjected anywhere else across his department or across the States?

Deputy R.G. Bryans:

That is not strictly true. We have looked at other areas of cost-cutting, which the Deputy quite knows through her role in Scrutiny. But in this particular case we felt that it was unduly warranted that we pay particular attention to this, as I have already illustrated. If you are a newly qualified doctor in the U.K. you would start out on a starting salary of £23,000. We are currently paying newly qualified teachers coming on this Island £38,000. It is out of kilter with what expectations are.

8. Deputy M. Tadier of St. Brelade :

If we are going to make comparisons with the U.K. can we talk about living costs in Jersey and, in particular, housing costs? Does the Minister agree that, to put this in context, £11,000 a year is basically your rent for the year if you cannot buy in Jersey or if you do not otherwise own? Certainly that is probably easily enough to cover your mortgage if you are in a position to buy. Does the Minister not agree that this has serious implications for social mobility in our Island and it is just another nail in the coffin including a more divided society?

Deputy R.G. Bryans:

No, I do not agree. Just to go back to what I originally said right at the beginning. This is not £11,000. It is up to £8,000. If we are paying newly qualified teachers £38,000 that would take us down to £30,000, which is still above the London rate and takes into account the sort of figures that he is suggesting.

9. Deputy M. Tadier :

What research has the Minister been doing into the impact of such proposals? I know the Minister says these are just proposals but they are proposals the Minister is putting forward himself with the backing of the Council of Ministers, which he can reasonably expect to get passed in this Assembly. Even if it is £8,000 a year, does the Minister not accept that no cost benefit analysis has been done, in particular what message this sends out to the wider national and international community about Jersey being open for business or not having enough money in the pot to pay its teachers a decent living wage?

Deputy R.G. Bryans:

No, I do not agree. There is another consideration that relates to one of the reasons for doing this. That is that we have spoken to head teachers, in particular, and they told me that there is little financial incentive for young teachers to take on extra responsibilities in school because they gain relatively little extra pay for doing so, so we are focusing our money on where it is needed most.

10. Deputy L.M.C. Doublet of St. Saviour :

Could the Minister remind the Assembly what one of the most pressing concerns was  in the teachers' survey?

Deputy R.G. Bryans:

Sorry, I would have to ask the Deputy what she is referring to. Deputy L.M.C. Doublet :

I wanted to just remind the Minister that workload is one of the biggest concerns of teachers and when young graduates are looking to choose a career why should they choose a career where they are working 60, 70 hours a week for even less money over a career perhaps in our finance industry which does pay quite generously?

Deputy R.G. Bryans:

The finance industry, again, a new graduate in the finance industry would get around £25,000, so we are still working on the situation. I am glad the Deputy raised the teachers' survey because there is a particular point that we are working on quite closely again with the unions, which is to resolve some of the issues with regard to overwork, because it is a particular concern of mine, the amount of stress that they are put under at this point in time. I see that as a separate issue.

11. Deputy K.C. Lewis :

The Minister has mentioned several times in his replies "over-supply". Are we to get into a bidding war now? Are we going to go out to tender with newly qualified teachers? Where will this end? Surely it is only natural justice that all newly qualified teachers should be paid the same rate as present?

Deputy R.G. Bryans:

That is not true. The U.K. has adopted a principle of where there have been gaps in their demands - so with maths and science - they have always paid extra to supply.

2. Deputy A.D. Lewis of St. Helier of the Chief Minister regarding the process for the redemption of business loyalty points under the States' travel policy: [9561]

Further to the publication of the review by the Chief Minister's Department entitled Review of Travel Policy and Recommendations for Improvement, can the Minister explain what the process is for the redemption of business loyalty points and advise who has responsibility for ensuring best value is attained for the public purse?

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

Departments have now been asked to notify corporate procurement before making bookings where business loyalty points can be used. The central procurement team then apply the corporate points we collect as part of the booking. This means we are using the points we are collecting. A revised Financial Direction is being finalised to cover these business points and it will also encompass use of other points, such as Avios points. This meets the recommendations of the recently published travel review. Of course accounting officers are ultimately responsible for best value but all elements of the public sector have a duty to consider value for money.

1. Deputy A.D. Lewis :

I wonder if the Chief Minister could therefore explain as to why there has been such a long gap between the last redemption of points being in July last year. Also can he explain why 2 of his chief officers at a public hearing recently admitted that they were unaware that they could redeem centrally accumulated points for their departments' travel and 2 other officers said that they believed the centralised booking system prevented them from redeeming points?

Senator I.J. Gorst :

We have had conversations in this Assembly about the difference between B.A. (British Airways) corporate or business points and personal points, such as Avios. I do not think it helps the conversation of the improvements and the changes that we are putting in when we confuse them. This is, as the Deputy would expect, we are changing policy, we are changing the way that we redeem points and the process, and we are using, going forward, procurement more at the centre of this, and therefore he can expect to see that, what he was questioned about at a hearing a number of weeks ago, the policy is in the process of change. I welcome him to review the changed policy and to work with us to his satisfaction that that changed policy is going to deliver best value because I think he will find that it is.

2. Deputy A.D. Lewis :

The Minister did not answer as to why his officers, 4 in this case, still do not seem to be aware of the policy and not aware that there are 1.5 million points that can be redeemed, and they are not aware as to how they can go about redeeming them, and indeed most officers that have accessibility to them are not redeeming them. So if policy is in place but it does not seem to be working. This is only last week.

The Deputy Bailiff : Your question is? Deputy A.D. Lewis :

Can he assure us that the policy that he has implemented is now in place and is working because the evidence suggests at the public hearing it is not.

Senator I.J. Gorst :

That is not the case. The policy is working. The Deputy knows that when we last spoke about this matter there were a bank of B.A. business points - over a million of them - which had not recently in recent months been redeemed. But since there has been a change in policy over the last 90 days, I think we have earned something like 99,000 points, they have been earned in the same period. We spent 56,000 of those points reducing the cost of travel to important meetings in Tokyo by officials and reducing the cost of travel over to China by educationalists. So the policy is now working. We accept that it needed to change. It has changed and we will be working with all departments to ensure that they now follow their new centralised policy and at the same time Treasury are working on improving Financial Directions to ensure right across, not only business points but also those personal points, that they are going to be used in a consistent and appropriate way delivering best value for taxpayers.

3. Deputy M.R. Higgins of St. Helier of the Chief Minister regarding the number of firms with passporting' rights to establish a presencein another country in the European Union: [9563]

Will the Chief Minister advise how many firms, in what areas of operation, in the Jersey finance industry have passporting' or third party rights to establish a presence or carry out permitted activities in another country in the European Union, and will he further explain the current position in relation to third party negotiations with the E.U. (European Union)?

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

Sorry, it is one of those days. Could I ask the Assistant Chief Minister, who has got responsibility for these areas, to answer the question please?

Senator P.F.C. Ozouf (Assistant Chief Minister - rapporteur):

I was unclear exactly as to the reason for the Deputy 's question because this is quite a complicated issue.

[10:00]

The only directive which provides specifically for passporting for third countries into the E.U. is the Alternative Investment Fund Managers Directive. No passports have yet been issued to any jurisdiction under this directive but that is pending an assessment of other jurisdictions. But Jersey has been adopted as a fully compliant regime and is in the first wave of what is expected to be the approval process for third country passporting. That has nothing to do with Brexit. That was a process that was underway in any event. We will continue to monitor progress with the relevant regulatory authority, in this case E.S.M.A. (European Securities and Markets Authority) in Paris, under this directive. In the meantime Jersey funds can continue to be marketed to E.U. Member States under their national regimes, and this is how we will secure and win business, by promoting Jersey's high regulatory standards, our good relationships and the good relationships that our regulators have with regulators at the E.U. level and national E.U. level with other jurisdictions and providing international awareness of what that is.

1. Deputy M.R. Higgins:

An example of a passporting right is Jersey recognised funds, which are entitled to be marketed throughout the European Union, but we are passported through the U.K. because the U.K. accepted Jersey's legislation and schemes and therefore they were allowed to go into Europe. As far as the third party rights, the Minister has told us that there are none in place at the present time, third party rights into the European Union. With Brexit, which is definitely going ahead, according to the new Prime Minister, does he expect any further negotiations to take place certainly in the next 2 years because I cannot imagine the European Union is going to spend time negotiating with Jersey when it has bigger things to do with the United Kingdom?

Senator P.F.C. Ozouf :

May I perhaps take the opportunity of adding some words which reinforce what the Deputy will also be aware of, if he has read the report put in the name of the Minister for External Relations - P.72 - which happened 4 days after Brexit. We appear to be one of the few jurisdictions in the world to have had a plan in the event of Brexit, which explains all of the matters that we will be dealing with. The U.K. has not triggered Article 50 of the Lisbon Treaty yet and no formal negotiations have commenced. We consider it to be highly unlikely that an E.U. would initiate third party discussions over Brexit in relation to this issue because it is an E.S.M.A. third country issue which we are already dealing with and had an application process for our regulated funds. The Deputy asked whether or not we will be simply doing nothing. Absolutely not. There is no complacency. There is the existing excellent standing which Jersey has by E.S.M.A., unchanged by Brexit. There are going to be new opportunities which will no doubt occur, of which we are working and we are seized upon. If I may say, I offer congratulations to the London office and External Relations and Chief Minister and other parties for last night, a reception in which there were a number of E.U. ambassadors present, and regulators and other important industry individuals, that we are briefing constantly about Jersey and to protect our interest and to get access to that valuable European market but also the wider commonwealth and the global world.