States Meeting Transcript - 19th January 2016

STATES OF JERSEY OFFICIAL REPORT TUESDAY, 19th JANUARY 2016

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

1. Welcome to His Excellency The Lieutenant Governor..................................8 The Deputy Bailiff :............................................................................8
2. Youth Service filming – part of sitting of 2nd February 2016...........................8 The Deputy Bailiff :............................................................................8
3. Dr. M. Egan, Greffier of the States – affirmation........................................8 The Deputy Bailiff :............................................................................8

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

2. Resignation of the Connétable of St. Helier as Chairman of the Environment, Housing and Technical Services Scrutiny Panel...................................................8

2.1 Connétable A.S. Crowcroft of St. Helier:................................................8

3. Appointment of the Chairman of the Environment, Housing and Technical Services Scrutiny Panel............................................................................8

3.1 Connétable J.E. Le Maistre of Grouville :................................................9

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

4. Written Questions........................................................................9

1. THE CONNÉTABLE OF ST. LAWRENCE OF THE MINISTER FOR HEALTH AND SOCIAL SERVICES REGARDING THE END-OF-LIFE CARE STRATEGY:........9
2. DEPUTY J.A. HILTON OF ST. HELIER OF THE MINISTER FOR HEALTH AND SOCIAL SERVICES REGARDING THE WILLIAMSON REPORT – IMPLEMENTATION PLAN':.........................................................10
3. DEPUTY G.P. SOUTHERN OF ST. HELIER OF THE MINISTER FOR SOCIAL SECURITY REGARDING DOMESTIC CARE AGENCIES:..........................14
4. DEPUTY J. M. MAÇON OF ST. SAVIOUR OF THE CHAIRMAN OF THE COMITÉ DES CONNÉTABLES REGARDING ONLINE VOTER REGISTRATION:..........16
5. DEPUTY J.M. MAÇON OF ST. SAVIOUR OF THE CHIEF MINISTER REGARDING

POTASSIUM IODIDE TABLETS:....................................................16

6. DEPUTY J. A. HILTON OF ST. HELIER OF THE CHIEF MINISTER REGARDING RECOMMENDATIONS MADE BY THE SAFEGUARDING BOARD: ..............17
7. DEPUTY J.M. MAÇON OF ST. SAVIOUR OF THE MINISTER FOR INFRASTRUCTURE REGARDING PEDESTRIAN CROSSINGS AND BUS STOPS: .........................................................................................17

8. DEPUTY G.P. SOUTHERN OF ST. HELIER OF THE MINISTER FOR SOCIAL SECURITY REGARDING THE INCOME SUPPORT PENSION INCOME DISREGARD:..........................................................................18
9. DEPUTY J.A. HILTON OF ST. HELIER OF THE MINISTER FOR HEALTH AND SOCIAL SERVICES REGARDING THE REPORT OF THE COMPTROLLER AND AUDITOR GENERAL INTO COMMUNITY AND SOCIAL SERVICES:............21
10. DEPUTY J.A. HILTON OF ST. HELIER OF THE MINISTER FOR HEALTH AND SOCIAL SERVICES REGARDING CHILDREN IN CARE:..........................21
11. DEPUTY G.P. SOUTHERN OF ST. HELIER OF THE MINISTER FOR SOCIAL

SECURITY REGARDING THE INCOME DISTRIBUTION SURVEY:..............23

12. DEPUTY G.P. SOUTHERN OF ST. HELIER OF THE CHIEF MINISTER REGARDING THE OUTSOURCING AND PRIVATISATION OF SERVICES:......24
13. DEPUTY G.P. SOUTHERN OF ST. HELIER OF THE MINISTER FOR HEALTH AND SOCIAL SERVICES REGARDING OUTSORCING AND PRIVATISATION OF SERVICES:............................................................................26

14. DEPUTY S.Y. MÉZEC OF ST. HELIER OF THE MINISTER FOR HOME AFFAIRS REGARDING ARRESTS FOR POSSESSION OF CANNABIS:......................26
15. DEPUTY S.Y. MÉZEC OF ST. HELIER OF THE MINISTER FOR TREASURY AND RESOURCES REGARDING TAX INCOME FROM LANDLORDS:.................27

16. DEPUTY S.Y. MÉZEC OF ST. HELIER OF THE MINISTER FOR TREASURY AND RESOURCES REGARDING HIGH NET WORTH STATUS: ........................28
17. DEPUTY S.Y. MÉZEC OF ST. HELIER OF H.M. ATTORNEY GENERAL REGARDING CONVICTIONS FOR DRUG OFFENCES:............................28
18. DEPUTY S.Y. MÉZEC OF ST. HELIER OF THE MINISTER FOR SOCIAL SECURITY REGARDING INDIVIDUALS ACTIVELY SEEKING WORK:.........29
19. DEPUTY M. TADIER OF ST. BRELADE OF THE MINISTER FOR TREASURY AND RESOURCES REGARDING SCHOOL FEES: ..................................29

20. DEPUTY M. TADIER OF ST. BRELADE OF THE CHIEF MINISTER REGARDING ISLANDERS WITH DISABILITIES:..................................................30
21. DEPUTY M. TADIER OF ST. BRELADE OF THE MINISTER FOR INFRASTRUCTURE REGARDING STEPS BEING TAKEN TO MAKE CYCLING MORE CONVENIENT AND SAFE: ..................................................30
22. DEPUTY S.M. WICKENDEN OF ST. HELIER OF THE MINISTER FOR THE ENVIRONMENT REGARDING PLANNING APPEALS:............................31
23. DEPUTY J.M. MAÇON OF ST. SAVIOUR OF THE MINISTER FOR INFRASTRUCTURE REGARDING STRIKE ACTION BY TAXI DRIVERS:........32
24. DEPUTY M.R. HIGGINS OF ST. HELIER OF THE MINISTER FOR HOUSING REGARDING HOUSING WAITING LISTS;..........................................33
25. DEPUTY M.R. HIGGINS OF ST. HELIER OF THE MINISTER FOR EXTERNAL RELATIONS REGARDING LAWYERS INVOLVED IN STATES APPOINTED BODIES:...............................................................................35
26. DEPUTY M.R. HIGGENS OF ST. HELIER OF THE MINISTER FOR EXTERNAL RELATIONS REGARDING THE U.K.'s REFERENDUM ON MEMBERSHIP OF THE EUROPEAN UNION:............................................................37
27. DEPUTY M.R. HIGGINS OF ST. HELIER OF THE CHIEF MINISTER REGARDING THE INTERIM POPULATION POLICY: .............................................38
28. DEPUTY M.R. HIGGINS OF ST. HELIER OF THE CHIEF MINISTER REGARDING POTASSIUM IODIDE TABLETS:....................................................38
29. DEPUTY J.M. MAÇON OF ST. SAVIOUR OF THE MINISTER FOR THE ENVIRONMENT REGARDING SOLAR PANELS:..................................40

5. Oral Questions...........................................................................40

1. The Connétable of St. Helier of the Minister for Economic Development, Tourism, Sport and Culture regarding the operation of Jersey's sea links with the U.K:....40 Senator L.J. Farnham (The Minister for Economic Development, Tourism, Sport and Culture): .........................................................................................40

1. The Connétable of St. Helier:...........................................................40
2. Deputy G.P. Southern of St. Helier:....................................................41
3. Deputy M. Tadier of St. Brelade:.......................................................41
4. Deputy M. Tadier :......................................................................41
5. The Connétable of St. Helier:...........................................................41

2. Deputy A.D. Lewis of St. Helier of the Minister for Health and Social Services regarding the total expenditure to date relating to the implementation of the Health and Social Services informatics I.T. strategy: ........................................42 Senator A.K.F. Green (The Minister for Health and Social Services):........................42

1. Deputy A.D. Lewis :....................................................................42
2. Deputy A.D. Lewis :....................................................................43
3. Deputy J.A. Martin of St. Helier:.......................................................43
4. Deputy J.A. Martin:....................................................................43
5. Deputy S.M. Wickenden of St. Helier:..................................................43
6. Deputy A.D. Lewis :....................................................................44

3. Deputy G.P. Southern of the Minister for Social Security regarding the number of domestic care agencies operating in the Island and their employment policies:....44 Deputy S.J. Pinel of St. Clement (The Minister for Social Security):..........................44

1. Deputy G.P. Southern :..................................................................44
2. Deputy M. Tadier :......................................................................45
3. Deputy G.P. Southern :..................................................................45
4. Deputy G.P. Southern :..................................................................45

4. Deputy J.A. Martin of the Minister for Treasury and Resources regarding an estimate of the G.S.T. paid in relation to the charitable gift vouchers given to people aged over 70 every Christmas:........................................................46 Senator A.J.H. Maclean (The Minister for Treasury and Resources) ..........................46

1. Deputy J.A. Martin:....................................................................46
2. Deputy M. Tadier :......................................................................46
3. Deputy M. Tadier :......................................................................46
4. Deputy J.A. Martin:....................................................................47
   5. Deputy J.A. Hilton of St. Helier of the Minister for Health and Social Services regarding the reduction of waiting times for patients who need an M.R.I. scan:...47 Senator A.K.F. Green (The Minister for Health and Social Services):........................47

1. Deputy J.A. Hilton:.....................................................................47
2. Deputy M. Tadier :......................................................................48
3. Deputy M. Tadier :......................................................................48
4. Deputy J.A. Martin:....................................................................48
5. Deputy J.A. Martin:....................................................................48
6. Deputy M.R. Higgins of St. Helier:.....................................................48
7. Deputy J.A. Hilton:.....................................................................49

8. Deputy J.A. Hilton:.....................................................................49

6. Deputy P.D. McLinton of St. Saviour of the Minister for Environment regarding the introduction of a tax on carbon emissions:.......................................49 Deputy S.G. Luce of St. Martin (The Minister for Environment): ............................49

1. Deputy P.D. McLinton: ................................................................49
2. Deputy M. Tadier :......................................................................50

3. Deputy M. Tadier :......................................................................50
4. Deputy A.D. Lewis :....................................................................50

5. Deputy A.D. Lewis :....................................................................51
6. Deputy P.D. McLinton: ................................................................51
   7. Deputy S.Y. Mézec of St. Helier of the Chief Minister regarding the allocation of funds to the work of the Jersey Independent Care Inquiry:.........................51 Senator I.J. Gorst (The Chief Minister):......................................................51

1. Deputy S.Y. Mézec :....................................................................52
2. Deputy S.Y. Mézec :....................................................................52

8. Deputy R.J. Renouf of St. Ouen of the Minister for Health and Social Services regarding when it was decided to close The Limes Nursing Home: .................52 Senator A.K.F. Green (The Minister for Health and Social Services):........................52

1. The Deputy of St. Ouen:................................................................53
2. Deputy J.A. Martin:....................................................................53
3. Deputy G.P. Southern :..................................................................53
4. Deputy G.P. Southern :..................................................................53
5. Deputy J.A. Hilton:.....................................................................54
6. Deputy J.A. Hilton:.....................................................................54
7. Deputy M.R.Higgins:..................................................................54
8. Deputy K.C. Lewis of St. Saviour:......................................................54
9. The Deputy of St. Ouen:................................................................54
10. The Deputy of St. Ouen:.............................................................55

9. Deputy M. Tadier of the Minister for Social Security regarding the impact of reductions in the Income Support single parent component by 2018:...............55 Deputy S.J. Pinel (The Minister for Social Security:..........................................55

1. Deputy M. Tadier :......................................................................55
2. Deputy G.P. Southern :..................................................................56
3. Deputy G.P. Southern :..................................................................56
4. Deputy J.A. Martin:....................................................................56
5. Deputy J.A. Martin:..................................................................57
6. Deputy S.Y. Mézec :....................................................................57
7. Deputy S.Y. Mézec :....................................................................57

8. Deputy M. Tadier :......................................................................58

10. Deputy L.M.C. Doublet of St. Saviour of the Minister for Economic Development regarding the potential impact of the franchise partnership between Blue Islands and Flybe: .............................................................................58 Senator L.J. Farnham (The Minister for Economic Development):............................58

1. Deputy L.M.C. Doublet :.............................................................59
2. Deputy M.R. Higgins:...............................................................59
3. Deputy L.M.C. Doublet :.............................................................59

11. Deputy S.Y. Mézec of the Minister for Health and Social Services regarding the use of People's Park as the site for the new hospital:....................................60 Senator A.K.F. Green (The Minister for Health and Social Services):........................60

1. Deputy S.Y. Mézec :.................................................................60
2. Deputy K.C. Lewis : .................................................................61
3. Deputy K.C. Lewis : .................................................................61
4. Deputy M. Tadier :...................................................................61
5. Deputy M. Tadier :...................................................................61
6. Deputy A.D. Lewis : .................................................................61
7. Deputy J.A. Hilton:..................................................................62
8. The Connétable of St. Helier:........................................................62
9. The Connétable of St. Helier:........................................................62
10. Deputy S.Y. Mézec :..............................................................63

12. The Deputy of St. Ouen of the Chairman of the Comité des Connétable s regarding the requirement for annual rates returns:............................................63 Connétable L. Norman of St. Clement (Chairman, Comité des Connétable s): ................63

1. The Deputy of St. Ouen:.............................................................64
2. Deputy M. Tadier :...................................................................64

13. Deputy L.M.C. Doublet of the Minister for Infrastructure regarding the allocation of dedicated public parking spaces for the new police station:......................64 Deputy E.J. Noel of St. Lawrence (The Minister for Infrastructure):..........................64

1. Deputy L.M.C. Doublet :.............................................................65
2. Deputy J.A. Martin: .................................................................65
3. Deputy J.A. Martin: .................................................................65
4. The Connétable of St. Helier:........................................................65
5. Deputy P.D. McLinton:..............................................................66
6. Connétable C.H. Taylor of St. John:.................................................66
7. Deputy L.M.C. Doublet :.............................................................66

14. Deputy J.A. Martin of the Minister for Treasury and Resources regarding the listing of all Andium properties and rents payable on their website:................67 Senator A.J.H. Maclean (The Minister for Treasury and Resources):.........................67

Connétable J.M. Refault of St. Peter (Assistant Minister for Treasury and Resources -

rapporteur):.............................................................................67

1. Deputy T.A. Vallois of St. John : ....................................................67
2. Deputy M. Tadier :...................................................................67

15. The Connétable of St. Helier of the Minister for the Environment regarding the results of the Open Space Study conducted in 2008:.................................67 The Deputy of St. Martin (The Minister for the Environment):...............................68

1. The Connétable of St. Helier:........................................................68
2. Deputy G.P. Southern : ..............................................................68
3. Deputy J.A. Martin: .................................................................68

16. Deputy G.P. Southern of the Minister for Social Security regarding the reduction of the Income Support disregard for pension income:..................................69 Deputy S.J. Pinel (The Minister for Social Security):.........................................69

1. Deputy G.P. Southern : ..............................................................69
2. Deputy M. Tadier :...................................................................70
3. Deputy M. Tadier :...................................................................70
4. Deputy G.P. Southern : ..............................................................70

17. Deputy J.A. Hilton of the Minister for Health and Social Services regarding the investigation of sites for the new hospital:............................................71 Senator A.K.F. Green (The Minister for Health and Social Services):........................71

1. Deputy M. Tadier :...................................................................71
2. Deputy M. Tadier :...................................................................71

LUNCHEON ADJOURNMENT PROPOSED..................................................71 LUNCHEON ADJOURNMENT................................................................71

6. Questions to Ministers without notice - The Minister for Housing....................71

1. Deputy J.A. Hilton:.......................................................................72 Deputy A.E. Pryke of Trinity (The Minister for Housing):................................72

1. Deputy J.A. Hilton:.....................................................................72
   2. Connétable D.W. Mezbourian of St. Lawrence:........................................72

6.2.1 The Connétable of St. Lawrence:.......................................................72

3. Deputy J.M. Maçon of St. Saviour:.....................................................73

6.3.1 Deputy J.M. Maçon:....................................................................73

4. Deputy M. Tadier :......................................................................73

6.4.1 Deputy M. Tadier :......................................................................74

5. Deputy G.P. Southern :..................................................................74

6.5.1 Deputy G.P. Southern :..................................................................74

6. Deputy S.Y. Mézec :....................................................................75

7. Questions to Ministers without notice - The Chief Minister............................75

1. Deputy G.P. Southern :..................................................................75 Senator I.J. Gorst (The Chief Minister):...................................................75
2. The Deputy of St. John:................................................................75
3. Deputy L.M.C. Doublet :................................................................76
4. Deputy S.Y. Mézec :....................................................................76

7.4.1 Deputy S.Y. Mézec :....................................................................76

5. Deputy A.D. Lewis :....................................................................77
6. Deputy G.P. Southern :..................................................................77

7.6.1 Deputy G.P. Southern :..................................................................77

7. The Connétable of St. John:............................................................77
8. Deputy C.F. Labey of Grouville :........................................................78
9. Deputy K.C. Lewis :....................................................................78

PUBLIC BUSINESS.............................................................................78

8. Transcripts of "in camera" debates: release to the Jersey Independent Care Inquiry (P.155/2015) - as amended...............................................................78

1. Deputy M.R.Higgins:..................................................................80

2. Transcripts of "in camera" debates: release to the Jersey Independent Care Inquiry (P.155/2015) - amendment (P.155/2015 Amd.)..........................................82

8.2.1 The Connétable of St. Clement (Chairman, Privileges and Procedures Committee):....83

3. Transcripts of "in camera" debates: release to the Jersey Independent Care Inquiry (P.155/2015) - as amended...............................................................84

1. The Connétable of St. Martin:..........................................................84
2. The Connétable of St. John:............................................................86
3. Senator P.M. Bailhache : ................................................................87
4. Deputy M. Tadier :......................................................................88
5. Deputy A.D. Lewis :....................................................................89
6. Deputy J.A. Martin:....................................................................89
7. Deputy S.Y. Mézec :....................................................................90
8. Deputy S.M. Brée of St. Clement:......................................................91
9. Deputy M.R.Higgins:..................................................................91

9. Draft Policing of Roads (Amendment No. 9) (Jersey) Regulations 201- (P.138/2015).95

1. Deputy E.J. Noel (The Minister for Infrastructure):.....................................95

1. The Connétable of St. Martin:..........................................................96
2. Deputy M. Tadier :......................................................................97
3. The Connétable of St. Helier:...........................................................97
4. Deputy S.M. Wickenden:...............................................................98

5. Deputy E.J. Noel: ......................................................................98

2. Deputy E.J. Noel: ......................................................................98

10. Draft Planning and Building (Amendment No. 7) (Jersey) Law 201- (P.142/2015)....98

10.1 The Deputy of St. Martin (The Minister for the Environment):.........................99

1. Deputy S.M. Wickenden:............................................................99
2. The Deputy of St. Martin : ...........................................................99

11. Jersey Law Commission: appointment of Commissioners (P.149/2015)..............100

11.1 Senator I.J. Gorst (The Chief Minister):...............................................100

12. Minimum Wage: revised hourly rate from 1st April 2016 (P.150/2015)..............101

12.1 Deputy S.Y. Mézec :...................................................................101

1. Deputy S.J. Pinel:..................................................................103
2. The Connétable of St. Martin : ......................................................104
3. Deputy M. Tadier :..................................................................106
4. Deputy A.D. Lewis : ................................................................108
5. Senator L.J. Farnham : ..............................................................111
6. Deputy J.A. Martin: ................................................................112

ADJOURNMENT PROPOSED................................................................115 ADJOURNMENT..............................................................................115

[10:30]

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

1. Welcome to His Excellency The Lieutenant Governor

The Deputy Bailiff :

Welcome, Members, to the first sitting of this new year and on behalf of Members I would also like to welcome His Excellency the Lieutenant Governor to the Chamber this morning. [Approbation]

2. Youth Service filming – part of sitting of 2nd February 2016

The Deputy Bailiff :

I would also notify Members that the Youth Service have asked to film a small part of the sitting of 2nd February. This would be part of a larger film to spark young persons' interests in politics and to give that kind of interest some type of context. They would film the introductory parts of the sitting of the States. May I take it that Members have no objection to that?

3. Dr. M. Egan, Greffier of the States – affirmation

The Deputy Bailiff :

Finally, under A, as Members know, in accordance with the States decision taken on 23rd September 2015, Dr. Mark Egan has been appointed as Greffier of the States to replace Mr. Michael de la Haye O.B.E. (Order of the British Empire). Before he can take up office it is necessary for him to make an affirmation in the States, so I would ask the Viscount to bring Dr. Egan into the Chamber from the precincts. Dr. Egan, before you make the affirmation could I both personally, and in the name of all Members, congratulate you most warmly on your appointment as Greffier of the States. I have already had the pleasure of working with you for a week in the far flung corners of the Commonwealth and I have enjoyed that greatly and look forward to working with you again closely in the future. I know Members will join me in wishing you every success during your term of office. [Approbation] Would you please raise your right hand? Do you solemnly, sincerely and truly declare and affirm that you will well and faithfully exercise the office of Greffier of the States of Jersey, that you will be faithful and bear true allegiance to Her Majesty Queen Elizabeth the Second, her heirs and successors according to law, and that you will uphold and maintain the laws and usages of Jersey. [Approbation] There are no other items under A.

[10:45]

APPOINTMENT OF MINISTERS, COMMITTEES AND PANELS

2. Resignation of the Connétable of St. Helier as Chairman of the Environment, Housing and Technical Services Scrutiny Panel

The Deputy Bailiff :

In accordance with Standing Order 137(2)(b), the Connétable of St. Helier has given written notice to the Bailiff of his intention to resign as chairman of the Environment, Housing and Technical Services Scrutiny Panel.

2.1 Connétable A.S. Crowcroft of St. Helier :

I believe that my reasons for resigning have been made clear. I feel that to be an effective Scrutiny Panel chairman one has to be completely impartial and not involved in too close negotiations, whether positive or negative, with the departments one is scrutinising. Could I also thank the panel members that I served with for just over a year and the Scrutiny Officers for supporting us so effectively. Thank you. [Approbation]

3. Appointment of the Chairman of the Environment, Housing and Technical Services Scrutiny Panel

The Deputy Bailiff :

In accordance with Standing Order 120(1) I therefore invite nominations for candidates for the position of chairman of the Environment, Housing and Technical Services Scrutiny Panel. Are there any nominations?

3.1 Connétable J.E. Le Maistre of Grouville : I would like to propose the Deputy of St. Mary.

The Deputy Bailiff :

Is that nomination seconded? [Seconded] Are there any other nominations? If there are no other nominations then I declare that the Deputy of St. Mary has been appointed as the chairman of the Environment, Housing and Technical Services Scrutiny Panel. [Approbation]

QUESTIONS

4. Written Questions

1. THE CONNÉTABLE OF ST. LAWRENCE OF THE MINISTER FOR HEALTH AND SOCIAL SERVICES REGARDING THE END-OF-LIFE CARE STRATEGY:

Question

Further to the written response in relation to this issue given by the Minister on 2nd July 2013, can he advise what the current end-of-life care strategy is and explain how it is communicated to the public?

Answer

As part of P82/2012, Jersey Hospice Care (JHC) agreed in 2014 to be system leaders in End of Life Care (EoLC) across all care boundaries. JHC also extended its remit to islanders with any life-limiting illness and not just cancer and motor neurone disease.

A key strategic driver was to standardise EoLC across all care settings. As such, in 2015 a 3-year Gold Standards Framework (GSF) implementation plan was agreed by JHC, the Health ansd Social Services Department (HSSD) and Macmillan Jersey. The GSF programme was initially launched in the community in April 2015 and is being successfully implemented by a number of nursing/residential care homes, home care providers, GP surgeries, Family Nursing & Home Care (FNHC) and Hospice. The GSF programme is being positively adopted across primary care with the help of 3 GP champions and is already showing improvements in collaborative patient-centred care.

GSF is an education programme for all health and social care providers promoting the following:

• Earlier recognition of patients in the last year of life and more proactive care
• Initiating advance care planning discussions with patients and giving care in line with their preferences
• Decreased lengths of stay in hospital – meaning more patients are discharged to their preferred place of care towards the end of their life
• Enhanced communication with GPs and information transfer on admission and discharge, thereby improving coordination of cross-boundary care.

JHC has also implemented an education programme which is available to all healthcare workers across the island. This covers various topics across palliative care focuses on communication skills. Courses for Health Care Assistants and Registered Nurses have been fully subscribed; full details of all the courses are available on the JHC website www.jerseyhospicecare.com

The GSF Acute Hospital programme will be launched in March 2016. This will make Jersey the first ever jurisdiction to deliver the GSF programme across a whole health and social care economy. This cross- boundary approach to end of life care will ensure delivery of a seamless and sustained island-wide service placing patients in control of their end of life journey.

In terms of communicating with the public, the GSF launch received excellent press coverage in April 2015. At the end of last year, a press release was issued by Macmillan around the GP champions supporting JHC and HSSD with GSF and further coverage will be sought around the Hospital launch. There are regular updates on progress via radio, press releases and newsletters.

JHC also endeavours to inform islanders of initiatives by attending community meetings such as the WI. It also engages with employers in the corporate sector which arrange educational and information sessions for their staff. JHC raises awareness of its initiatives during Dying Matters week and Hospice Care week and there have been moves to involve and inform schoolchildren more. As such, JHC has attended a number of schools to give talks and answer any questions.

JHC has an End of Life steering group involving key stakeholders which meets to agree the way forward and to communicate the information back to their organisations. The stakeholders include representatives from the  organisations  involved  in  the  delivery  of  EoLC,  alongside  representatives  from  HSSD's  System Redesign and Delivery team.

2. DEPUTY J.A. HILTON OF ST. HELIER OF THE MINISTER FOR HEALTH AND SOCIAL  SERVICES REGARDING  THE  WILLIAMSON  REPORT – IMPLEMENTATION PLAN':

Question

Further to the presentation by his predecessor of the Williamson Report - Implementation Plan - Approval and  Funding'  (R.8/2009)  on  4th  February  2009,  can  the  Minister  inform  members  which,  if  any,  of recommendations 1 to 11 and A to C have been fully implemented and, if not, can he provide the reasons behind any decisions not to implement recommendations, when those decisions were made and by whom?

Answer

The table below outlines the recommendations of the Williamson Report, the States Implementation Plan 2009 and a current update.

3. DEPUTY G.P. SOUTHERN OF ST. HELIER OF THE MINISTER FOR SOCIAL SECURITY REGARDING DOMESTIC CARE AGENCIES:

Question

Will the Minister advise who is responsible for the means by which domestic care agencies tender for the delivery of care and outline what safeguards, if any, are in place to ensure that agencies do not reduce the terms and conditions for their employees in order to ensure low bids?

In the context of ensuring that the terms and conditions for domestic agency workers meet the protective measures laid out in employment law, will the Minister –

1. inform members of the extent of the protection;
2. state the number of inspections conducted by the department's compliance section on domestic care agencies over the past year;
3. agree to investigate the employment practices of agencies in cases where:

1. only contact time with clients counts as time in work;
2. no payment/compensation is made for travel time or use of employee vehicle (petrol/insurance/service) costs;

and outline the extent to which these terms lead to rates of hourly pay falling below the statutory minimum.

Could the Minister also advise whether the use of zero hours contacts for such employees is considered appropriate, and, if not, state whether consideration will be given to introducing regulation to eliminate such practices?

Answer

In the great majority of cases, individuals are responsible for contracting with domestic care agencies for the delivery of their own care. In July 2014, in parallel to the introduction of the Long Term Care (LTC) Scheme, the Health and Social Services Department (HSS) developed the Approved Provider Framework (APF) for home care and outreach short break services. Any client who receives funding from HSS or LTC may only choose from the list of Approved Providers to deliver their care or support needs.

To establish the APF, interested providers were required to complete a rigorous application process, demonstrating adherence to quality standards and processes. In 2014, 18 providers were fully approved, 3 were provisionally approved and 2 were not approved due to concerns surrounding safety and quality. Since then, other providers have developed their standards of quality and safety and 22 providers are currently included on the APF.

The Minister for Health and Social Services has confirmed that, during 2015, all approved providers were subject to an assessment inspection by the Quality Assurance Officer. Providers are required to implement an individualised action plan to maintain their approved status. Subsequent inspections and visits were carried out by the Quality Assurance Officer to monitor the completion of actions. Providers will continue to be subject to 2 inspections per year, with additional inspections if concerns are raised.

Where a person is employed to work for a domestic care agency, the protection of the Employment (Jersey) Law 2003 will apply in the same way that it does for any other employee in Jersey.

Social Security enforcement officers conducted six inspections of care agencies during 2015. Officers undertake both pro-active and re-active surveys across all employer types. If an employee has concerns, officers will conduct a visit and will ensure that any particular questions are addressed. In a routine survey, officers will ensure that the minimum wage is being paid and that terms and conditions of employment are inspected. Officers are aware of agency carers being paid on a shift basis, rather than on a per client' basis. No further information is available based on those investigations and there are no recorded instances of the circumstances that are envisaged by this question in 2015.

The Jersey Advisory and Conciliation Service (JACS) provides an independent and publicly funded service, that is well used by employers and employees alike, to obtain confidential advice and guidance on their employment rights and obligations. JACS can provide advice as to whether zero-hours contracts are appropriate for domestic care work which will depend on the specific circumstances in any case; in particular, the care or nursing requirements of the client. Of the 9,469 client queries received by JACS during 2015, no client queries or complaints were received relating to the issues raised in this question.

If the Deputy is aware of individual cases where employees are not receiving the correct minimum wage or their other entitlements under the Employment Law, he should advise the affected individuals to seek advice from the Jersey Advisory and Conciliation Service, or to contact the Social Security Department.

4. DEPUTYJ.M.MAÇONOFST.SAVIOUR OF THE CHAIRMAN OF THECOMITÉ DES CONNÉTABLES REGARDING ONLINE VOTER REGISTRATION:

Question

Will the Chairman advise whether Islanders will be able to register to vote online and explain why this has not yet been implemented and what actions, if any, the Comité des Connétable s will be taking to ensure online registration is available before the next general election in 2018?

Answer

The States approved, on 6 November 2013, the proposition of the Privileges and Procedures Committee Public Elections: amendments to legislation and administration P.110/2013 which included –

(A) amendments be made to the Public Elections (Jersey) Law 2002 and to the practical procedures relating to the organisation of elections to provide that –

(c) online electoral registration be introduced as soon as practicable;

Although the proposition did not specifically direct who should take forward this change, where changes to the law were required (as is required to provide for online registration) these have been dealt with by the Privileges and Procedures Committee.

The Comité will assist the Privileges and Procedures Committee with the drafting of necessary amendments to the Public Elections (Jersey) Law 2005 to attempt to ensure online registration is available before the next general election in 2018.

5. DEPUTY J.M. MAÇON OF ST. SAVIOUR OF THE CHIEF MINISTER REGARDING POTASSIUM IODIDE TABLETS:

Question

What consideration, if any, has been given to issuing the population of Jersey with potassium iodide tablets in case of an emergency situation arising at the Flamanville plant in France, which could make Islanders more vulnerable to thyroid gland problems?

Answer

In 2007 the Emergency Planning Office commissioned the Radiation Protection Division of the UK Health Protection Agency to assess the potential radiological consequences for the population of Jersey from postulated accidental releases from the nuclear waste reprocessing plant at La Hague and the proposed pressurised water reactor at Flamanville. It found that to have any effect on Jersey not only would the incident need to be the size and scale of Chernobyl there would also need to be particular meteorological conditions e.g. the wind travelling towards Jersey. The estimated probability of a major incident at Flamanville having an impact on Jersey was assessed as one in every 34 million years.

The decision not to obtain iodine for the general population was based not only on this very low risk, but also on the fact that Jersey is much further away (40km) from the Flamanville site than the 10km distribution area within which protective (prophylactic) iodine would be recommended.

Even if Jersey were within the 10km iodine distribution area, the use of iodine prophylaxis in the event of a nuclear release is complicated. Iodine only protects the thyroid gland against the effects of radioactive iodine, which is only one of many isotopes that would be released in the event of a nuclear power station incident.  Also,  prophylactic  iodine  products  last  a  maximum  of  4  years  which  would  make  regular replacement of stock for an entire population very expensive.

Finally, these products can cause health  problems  in some  individuals, so should only be  used when absolutely necessary.

A similar decision not to issue iodine to the general population was taken in the other Channel Islands.

6. DEPUTYJ.A.HILTONOFST.HELIER OF THE CHIEF MINISTER REGARDING RECOMMENDATIONS MADE BY THE SAFEGUARDING BOARD:

Question

Further to the briefing given by the Safeguarding Board in relation to its report entitled Thematic Serious Case Review  of Child Sexual  Abuse October 2015' which contained 31 recommendations relating  to interagency work and the avoidance of repetitive single agency plans to form a platform of good practice upon which further improvements can flow', can the Minster give Members a written update on each of the 31 recommendations clearly outlining progress made and, in instances where progress has not been made, the reasons why, who was involved in the decision not to implement the recommendation and when that decision was made?

Answer

The Safeguarding Partnership Board (SPB) monitors the delivery of all recommendations made as a result of Serious Case Reviews (SCR), including target time-frames for completion and lead agencies, through its SCR sub group. The Children and Vulnerable Adults Policy Group works in partnership with the SPB to oversee and monitor the delivery of any recommendations.

The progress made on implementing all the 31 recommendations made in the Child Sexual Abuse Thematic review will be provided to States Members at the next States Sitting on the 2nd February, 2016.

7. DEPUTY  J.M. MAÇON  OF  ST.  SAVIOUR OF  THE  MINISTER  FOR INFRASTRUCTURE REGARDING PEDESTRIAN CROSSINGS AND BUS STOPS: Question

Would the Minister provide a list of the priority pedestrian crossings and bus stops to be created over the next 5 years and, in doing so, will he confirm that a pedestrian crossing at Bagatelle Road and bus stops on Bagot and Longueville Roads will be implemented within this time frame and, if not, why not?

Answer

The Department has a substantial programme of road safety and sustainable transport proposals at various stages of development. All schemes are funding dependent and most require further design, development and consultation before firm proposals can be published. For those reasons it is not possible to publish a 5 year plan. Proposed new pedestrian crossing facilities that are anticipated within the next 12 months are listed below.

The Department  has developed a St Saviour's Schools Action Plan in conjunction with the Education Department. This sets a framework for future road safety improvements in that area, which we will work with the Parish to deliver. It includes proposals for pedestrian safety measures on Bagatelle Road, Bagatelle Lane, St Saviours Hill, Wellington Hill, Chasse Brunet, and Claremont Road. Works were completed on Wellington Hill at the entrance to Beaulieu School in the summer 2015. The next scheme for that area, as listed above, will be at the junction of Wellington Hill and St Saviour's Road. Further work in the St Saviour's schools area will be funding dependent and will be subject to prioritisation.

The Deputy has confirmed that the reference to bus stops does in fact mean bus shelters. The Department has a very active programme of bus shelter installations and has installed 47 since 2010, including 12 in 2015. The future programme of bus shelters is dependent on continued funding. We have allocated £45,000 from a recent sale of number plates to cover the next tranche of bus shelter installations which are listed below. A consultation will be carried out on these sites shortly. Planning obligations from major housing developments also provide a funding stream for shelters.

A second list of potential sites is also provided below. These will be delivered subject to availability of funding, consultation and the overcoming of design problems. The design issues are significant in that many of our pavements are too narrow to accommodate a bus shelter and various accommodation works or land acquisitions are therefore necessary to enable a shelter to be installed. Sites are prioritised on usage but implementation  is  influenced  by  these  design  issues  and  the  practicality  of  implementation.   As  a consequence there are no bus shelters currently programmed on either Bagot Road or Longueville Road but the Department continuously reviews its programme and the Department's officers would be happy to meet Deputy Macon to discuss the options in more detail.

8. DEPUTY G.P. SOUTHERN OF ST. HELIER OF THE MINISTER FOR SOCIAL SECURITY REGARDING  THE  INCOME  SUPPORT  PENSION  INCOME DISREGARD:

Question

Does the Minister consider that the table below illustrates the impact of her replacement of a fixed disregard with a 23 percent disregard for pension income for those newly claiming Income Support (IS) in 2016 on disposable income after housing costs for a single pensioner?

If so, does she accept that this change, designed to encourage workers to adopt secondary/occupational pensions, heavily penalises those dependent on a States pension and IS, taking them below the relative low income threshold of £200 and, if so, how does she justify this change?

Will she inform members what proportion of pensioners are dependent on a States pension only and how many have a second/occupational pension?

Will she further state what measures, if any, are in place/under consideration to encourage employers to set up occupational pension schemes?

Answer

Changing the calculation of the pension income disregard has not affected any pensioner households who are claiming income support at the end of 2015. The change is in respect of new claims and working age people who will reach pension age in 2016 or later.

This change was one of the measures taken to achieve a £10 million reduction in the 2019 benefit budget. This is equivalent to holding the benefit budget roughly steady over the Medium Term Financial Plan 2016- 2019. This measure allows investments to be made in key areas such as meeting the increasing health care needs of an ageing population.

All of the benefit measures were carefully assessed against three objectives:

• Promote financial independence
• Improve the targeting of benefits
• Minimise the impact on individuals

Promoting financial independence includes encouraging workers to save towards a pension for their old age. The new pension income rule means that a working age person who has made more provision for pension income in old age (for example, by paying into a pension scheme) will have a higher household income if they should reach pension age and need to claim Income Support, compared to someone who has made less provision.

With the previous rule, if someone expected to claim Income Support in old age, there was no incentive for that person to maximise their pension income. The total income, including benefit, was the same for a household claiming Income Support whether it had a small amount of pension income, or a large amount of pension income.

This change will create a fairer Income Support system in future, where households that have provided for their old age will be better off compared to those that have not.

This extract from the first table shows that the previous rule for pension income did not provide any incentive to do this. Household income, including income support, was the same for somebody who did and somebody who did not provide for pension income in later life:

Table 1: Previous rule for a single pensioner household eligible for income support with pension income only

The extra column confirms this point. A pensioner who had made provision for their own old age and had their own pension income of £300 per week but still required some assistance from Income support also had a net disposable income of £200 under the old rules, and was no better off than the pensioner who had not contributed regularly to a pension scheme and only received a pension income of say £100 per week. Although the examples in the table include pension incomes of the range £60 and £90 per week, it should be noted that there are very few pensioners receiving income support who have pension incomes at this low level.

The second table shows that the new rule does provide an incentive for working age people to provide for a higher pension income in later life. Net household income now increases as pension income increases.

Table 2: New rule for a single pensioner household eligible for income support with pension income only

At the end of 2015, only 8% of single pensioner households have pension income of up to £100 a week, whereas 32% of single pensioner households have pension incomes of £200 per week or more.

At the end of 2015, 31% of all income support pensioner claims which include a States of Jersey pension, do not include any other pension income or earnings. The remaining 69% have two or more income sources.

Information previously published indicates that the average total income of all pensioner households claiming income support was £218 per week at the end of 2014 and they received, on average, an extra £176 per week in income support.

Based on recent trends, roughly 200 people will start to receive the new pension disregard in 2016. It should be noted that relative low income' describes a household that has a relatively low income compared to the "average" household, by Jersey's standards. It does not indicate an income level below which it is necessary to maintain a certain standard of living for that household type. It does not take into account spending patterns which will vary between household types.

A commitment has already been made in the Medium Term Financial Plan to encourage workers to make better provision for old age. Page 129 confirms:

During the course of this MTFP, the Social Security Department will also work with the Treasury and Resources Department to promote financial independence in old age, and to encourage a higher proportion of workers to take up occupational pensions. For example, this could be achieved through changes in income tax or benefit rules, as well as the promotion of work-based pension schemes aimed at lower earners.

9. DEPUTY J.A. HILTON OF ST. HELIER OF THE MINISTER FOR HEALTH AND SOCIAL SERVICES REGARDING THE REPORT OF THE COMPTROLLER AND AUDITOR GENERAL INTO COMMUNITY AND SOCIAL SERVICES:

Question

Further to the publication of the Comptroller and Auditor General's report concerning a review of Community and Social Services, can the Minister advise which, if any, of the 14 recommendations contained within the report will be implemented in full and in what timescale and, if not, why not?

Answer

The Comptroller and Auditor General's Report on Community and Social Services was published on 10 December 2015. The report has 15 recommendations.

The Public Accounts Committee has asked the Chief Executive of the Health and Social Services Department for a formal response to the CAG's report by 1 February 2016, confirming:

1. The extent to which the recommendations made in the report are accepted by the Health and Social Services Department
2. Clarification, if relevant as to why anyof the recommendations may not have been accepted
3. The action that is being or has been taken to implement the accepted recommendations

Once the Department has submitted its formal response to PAC, it should then be in a position to share this information with the Deputy .

10. DEPUTY J.A. HILTON OF ST. HELIER OF THE MINISTER FOR HEALTH AND SOCIAL SERVICES REGARDING CHILDREN IN CARE:

Question

How many children are currently in the care of the Children's Service?

How many children are being cared for within residential settings here and in the UK and, how many are currently in foster care?

What is the cost of placing children in residential settings in the UK? Of the children in foster care, how many are in kinship foster care?

How many foster carers are registered with the Department and of those, how many are specialist foster carers?

How many foster placements have broken down during the past year and what were the main reasons for them doing so?

How many recruitment drives for foster carers and potential adopters have taken place during the past two years and, how many new fosters carers were recruited and lost during this period of time?

Currently what premises are being used as residential settings, how many beds do they provide and for what age group do they cater?

Answer

How many children are currently in the care of the Children's Service?

100

How many children are being cared for within residential settings here and in the UK and, how many are currently in foster care?

Within Residential settings here – 22 In the UK – 9

In Foster care – 51

What is the cost of placing children in residential settings in the UK?

Costs vary in accordance with Individual placement plans. The current range varies between £76,000 per child per year up to £247,000 per child per year.

Of the children in foster care, how many are in kinship foster care?

19

How many foster carers are registered with the Department and of those, how many are specialist foster carers?

50 registered carers of whom 2 are specialist carers

How many foster placements have broken down during the past year and what were the main reasons for them doing so?

2 breakdowns associated with placements continuing for longer than had been previously anticipated 1 breakdown due to challenging behaviour

1 young person decided to return to their birth family

2 breakdowns associated with crises within the respective foster family

How many recruitment drives for foster carers and potential adopters have taken place during the past two years and how many new fosters carers were recruited and lost during this period of time?

There are 2 campaigns every year – 1 in "Fostering Fortnight" and 1 in "Adoption week", so 4 in the last 2 years.

In 2014 8 new foster carers and 4 prospective adopters were recruited In 2014 5 foster carers were deregistered

In 2015 13 new foster carers and 8 prospective adopters were recruited In 2015 5 foster carers were deregistered

Currently what premises are being used as residential settings, how many beds do they provide and for what age group do they cater?

Greenfields Secure Home - 8 beds (age range subject to legal review) Casa Mia – 3 beds (age range 11 to 17)

Field View – 6 beds (age range 11 to 17)

Brig-Y-Don – 8 beds (age range 11 to 17)

The White House – 3 beds (age range 11 to 17)

Eden House – 2 beds (aged 10 and 12)

There are 2 further units providing short break facilities

11. DEPUTY G.P. SOUTHERN OF ST. HELIER OF THE MINISTER FOR SOCIAL SECURITY REGARDING THE INCOME DISTRIBUTION SURVEY:

Question

Does the Minister agree that the combined weight of evidence contained in the Income Distribution Survey (IDS) and her own departmental data seriously undermines the rationale behind her decision to stop the single parent component of Income Support (IS) over 3 years?

Does she accept that rather than waiting "to see what the impact is" more urgent action is required to prevent hardship to the households affected, such as single parent households, which have the greatest incidence of relative low income (56%), with a median income (After Housing Costs) of only £310 weekly, compared with an average across the other household groups of £600?

Given that figures from her 2014 annual report suggest that those households at most risk of relative poverty are well targeted, does she not see that the removal of over £2,000 from the 1,098 families in IS, whose average living components (less rent) is £10,792, representing 64% of total household income, and 186 of whom are totally dependent on IS, can only lead to increased hardship?

Will she agree to review this policy before the June debate of the next part of the Medium Term Financial Plan?

Answer

No, the Income Distribution Survey findings and Income Support data do not undermine the rationale for phasing out the single parent component over the next three years.

This change was one of the measures taken to achieve a £10 million reduction in the 2019 benefit budget. This is equivalent to holding the benefit budget roughly steady over the Medium Term Financial Plan 2016- 2019. Taken collectively, the result of these decisions is to allow investments to be made in key strategic areas such as improving the educational support available to disadvantaged children through the introduction of a pupil premium.

All of the benefit measures were carefully assessed against three objectives:

• Promote financial independence
• Improve the targeting of benefits
• Minimise the impact on individuals

In this case, the extra payment of £40 per week made to single parents that is not linked to any specific, additional household cost that a single parent would face, is being phased out. The diagram at the end of this answer compares the weekly components that are included in a typical Income Support claim, for a single parent with one child and a couple with one child. For simplicity, this diagram does not show the effect of household income and is rounded to the nearest pound.

Once this policy change has been completed towards the end of 2018, all single parents receiving income support at that time will be in a comparable position to couples with children. All single parents will still receive an  adult  component to  cover their personal  living costs,  a  rental component  to  cover rent, a household component to cover household bills and a child component to cover the cost of a child's living costs.

The best way to help single parents be financially independent is to make sure there are no barriers to returning to work. They are able to claim help with childcare costs when they return to work and receive specialist support from the Back to Work team to help them get back into the workforce.

The aims of the strategic plan and the investments created through the MTFP are designed to lead to a healthier economy with more job opportunities for local residents. The success of these policies by 2018 will be reflected in the number of single parents returning to work, thus improving their household income and reducing their reliance on benefits.

Alongside the change to the single parent component, the treatment of maintenance income has been improved to increase the household income of single parents who enter into maintenance agreements and collect maintenance income.

I do not intend to review this particular area this year.

Diagram showing how an Income Support claim was made up before the changes. The single parent component is now being phased out over the next three years.

12. DEPUTY  G.P.  SOUTHERN  OF  ST.  HELIER OF THE  CHIEF  MINISTER REGARDING THE OUTSOURCING AND PRIVATISATION OF SERVICES:

Question

In his determination to press ahead with the outsourcing or privatisation of services currently delivered by the public sector, can the Chief Minister state which services, if any, will not be considered for such action?

What specific assurances, if any, can he give to ensure that the quality of services is maintained as costs are reduced?

Will he further assure members that any such schemes to outsource/privatise will be brought to the States for approval and not pushed through via Ministerial decisions?

Will he also state what measures he will put in place to ensure that contract negotiation, employee consultation, transition processes and service level monitoring are conducted to the highest standards to prevent any repetition of UK outsourcing disasters (such as those listed below)?

1. Employment Support Allowance (ESA) testing - private contractors Maximus paid £1.6 bn to replace Capita - result increased cost and waiting times
2. Barnet Council - no risk assessment on private IT contractor 2E2 which went into administration
3. Probation Service London - Private company Liberata removed 100 senior management posts from 550 jobs - result failed to deliver service
4. Musgrove Park Hospital, Taunton terminated its contracts with Vanguard Healthcare after 30 botched cataract operations.

Answer

Jersey is facing significant financial, demographic, technological and environmental pressures in the coming years. As a result we have a duty to all Islanders to ensure that the Public Sector Reform programme looks at the best way for public services to be provided in the future. As part of this work, we are considering which services are still relevant, which need to be changed to meet future demands, and which need to be delivered in a different way.

There is no one size fits all solution for public service reform, and services will only be outsourced when it makes sense to do so. In deciding how best to deliver future services we will assess the cost of service delivery, the level of service quality, we will consider whether or not such services should be provided by Government.

Some services may need to be reduced, while others increased and new services introduced. I cannot provide a list of which services will or will not be suitable for outsourcing as this is an ongoing assessment.

The delivery and structure of services are operational matters for departments, working with their respective Ministers, under the oversight of the States Employment Board. Significant changes to service delivery will be brought to the States Assembly for debate when it is appropriate to do so, following established procedures for such matters.

In all such discussion staff and union engagement is important. We will continue to use all available communication and consultative channels as well as the joint working arrangements with Unions that have been put in place.

Jersey is not unique in assessing how public services should be delivered into the future. This work is taking place in most developed countries, and any changes to service delivery will take into account lessons from elsewhere.

It is the task of every responsible government to continually assess services and whether they are being provided in the most effective way. I am confident of the work that is taking place in Jersey, and I will undertake to keep States Members informed as our plans progress.

13. DEPUTY G.P. SOUTHERN OF ST. HELIER OF THE MINISTER FOR HEALTH AND SOCIAL SERVICES REGARDING OUTSORCING AND PRIVATISATION OF SERVICES:

Question

What services, if any, does the Minister have under consideration for outsourcing or privatisation under the four years of the Medium Term Financial Plan?

Has the Minister read the report of the independent think tank the Centre for Health and Public Interest published in March 2015 noting that the National Health Service was struggling to monitor and assess the safety and efficacy of services it has outsourced to private providers, and if not, will he undertake to do so?

Given that a survey of Clinical Commissioning Groups (CCGs) using freedom of information requests found that 60 percent of CCGs surveyed did not record how many site inspections they undertook, or were unable to say how many they had done and that 12% had not carried out any site inspections, what proposals, if any, does the Minister have to monitor of the safety and efficacy of any such services outsourced to private companies or agencies?

Answer

The Health and Social Services Department is always seeking to deliver services to Islanders in the most efficient and effective way possible, while prioritising the safety of patients. As one would expect, services are always under review to ensure value for money, but there are no plans at this point in time to outsource or privatise services currently provided by the Department.

The Minister is aware of the report referred to in the question and while its focus is on the NHS in England which, given its size, is organised very differently to Jersey, he is content to note its conclusions and recommendations.

As stated above, there are no plans to outsource or privatise services at this point in time. Therefore there is no current requirement to monitor the safety and efficacy of any such services. Should this position ever change then of course required standards of quality and safety would be encompassed in contractual arrangements.

14. DEPUTYS.Y.MÉZECOFST.HELIEROFTHEMINISTERFORHOMEAFFAIRS REGARDING ARRESTS FOR POSSESSION OF CANNABIS:

Question

In 2015, how many people were arrested for possession of small amounts of cannabis?

How many of these led to convictions and how many of those were sentenced to a custodial sentence?

Answer

In 2015, there were 144 possession-of-cannabis offences recorded by States of Jersey Police, 92 of which were principal offences, counted in accordance with the UK Home Office Counting Rules for Recorded Crimei. The remaining 52 were subsidiary offences in cases where additional, more-serious crimes had been committed, and so were not counted as per Home Office rules. With regard to the 144 offences:

• 20 remain undetected and a further 4 received admin detections (this latter category indicates the Police are aware of the perpetrator and are not looking for anyone else involved. However, there may be insufficient evidence to continue with the prosecution);

• 42 offenders received written cautions;
• 15 offenders received fines ranging from £100 to £800;
• 9 offenders were bound over for periods ranging from three months to a year;
• 7 offenders received probation orders for periods ranging from six to 18 months;
• 3 offenders received Community Order Notices for periods ranging from 40 to 90 hours, and;
• the remaining offenders were dealt with as follows: deferred decision (11), remanded in custody (12, of which four were remanded for Royal Court appearances), other, non-specified sanctions (3), awaiting a Parish Hall Enquiry (14), case withdrawn (1), unknown outcome (3).
• No-one prosecuted in 2015 for possession of cannabis received a custodial sentence.

It should be noted that it is difficult to determine the number of people arrested for possession of cannabis because the police custody record will often not indicate the specific drug itself - mention will only be made of the substance being passed onto the States Analyst for further investigation. In addition, individuals found in possession can be dealt with at the scene but later, depending on the Analyst's report, be asked to attend Police Headquarters voluntarily for charge or warning to Parish Hall .

15. DEPUTY S.Y. MÉZEC OF ST. HELIER OF THE MINISTER FOR TREASURY AND RESOURCES REGARDING TAX INCOME FROM LANDLORDS:

Question

How much potential tax income is lost by landlords offsetting the payments of Parish Rates against rental income?

How many taxpayers currently benefit from this? Could these numbers be broken down into amounts of marginal rate taxpayers, '20 means 20' payers and High Net Worth individuals?

How many of these people benefit from this for more than one property?

Answer

Taking each part of the question separately.

1. The amount ofparochialratespaidby a landlordisanallowabledeductionagainst

Jersey rental income under the provisions of Article 52(2)(b) of the Income Tax (Jersey) Law 1961. Whilst details of deductions claimed are included on tax returns, only the net rental income declared (after all allowable expenditure) is recorded on the Taxes Office IT systems. Additionally, the deductions for rates and insurance are aggregated on returns. Accordingly it is not possible to answer this question accurately. Treasury and Resources are investing in a new Taxes computer system over the next three years with a view to introducing online filing and assessment of personal income tax as a priority. The Taxes Office will consider the scope to improve the provision of statistical data as part of that work, as well as the compliance costs for individual taxpayers in providing different levels of data.

2. ThetotalnumberofpersonaltaxpayerswhowereassessedtotaxonJerseyrental income less allowable expensesfor the year of assessment 2014 was 4,9451.

These landlords can be broken down as follows:-

Taxpayers with no tax liability payable 409 Marginal rate taxpayers 2,921 20% taxpayers 1,596 High Net Worth taxpayers (licenced under 2(1)(e) and previous

1(1)(k) regulations) 19 Total 4,945

In  addition  there  were  1,533  limited  companies  assessed  to  tax  on  Jersey  rental  income less allowable expenses for the year of assessment 20141. Jersey rental income less allowable expenses

arising to limited companies is chargeable to tax at the rate of 20%.

NB Taxpayers whose Jersey rental income less allowable expenses result in nil income or a loss are not included in the above.

3. TheTaxes Office IT systems do not record the number of properties each landlord owns therefore itis not possible to provide this data without examining around 6,500 tax returns.

16. DEPUTY S.Y. MÉZEC OF ST. HELIER OF THE MINISTER FOR TREASURY AND RESOURCES REGARDING HIGH NET WORTH STATUS:

Question

Under what circumstances, if any, can a person's High Net Worth individual status be revoked?

Answer

It is assumed that the question is referring to High Value Residents ("HVR"), who are approved as having Entitled status under Regulation 2(1) (e) of the Control of Housing and Work (Residential and Employment Status) (Jersey) Regulations 2013, and subsequently are expected to make an annual minimum income tax contribution of £125,000.

The HVR is liable to lose 2(1)(e) status if they don't meet a condition imposed by the Chief Minister at the time of granting. Those 2(1)(e) residents are subject to the tax rules prescribed in Art 135A of the Income Tax (Jersey) Law 1961. The Taxes Office reviews the financial contribution made under that Article and works closely with the Chief Minister's department.

The HVR's registration card will state Entitled Conditions Apply'. This means that each time the card is presented (e.g. when moving home or employment) the Population Office will verify whether the Entitled status remains valid.

17. DEPUTY  S.Y.  MÉZEC  OF  ST.  HELIER OF  H.M.  ATTORNEY  GENERAL REGARDING CONVICTIONS FOR DRUG OFFENCES:

Question

What formula is currently used to determine how long it will take for a conviction for a drugs offence to become spent and therefore not liable to appear in a pre-employment screening?

Answer

When convictions become spent is governed by the Rehabilitation of Offenders (Jersey) Law 2001 ("the 2001 Law"). All offences including drugs offences are treated in the same way.

The period of time before a conviction becomes spent is determined by reference to the length of the sentence imposed by a court. Rehabilitation only applies to sentences defined as "lesser sentences" by Article 1 of the 2001 Law. "Lesser sentences" are non-custodial sentences and custodial sentences of not more than 30 months. Custodial sentences exceeding 30 months, including life sentences, are excluded from rehabilitation (Article 1).

Article 3 of the 2001 Law sets out the rehabilitation periods in respect of offences on which lesser sentences have been imposed. Sentences not exceeding six months' imprisonment become spent after a rehabilitation period of seven years. Sentences exceeding six months but not exceeding 30 months become spent after a period of 10 years. Probation Orders and Community Service Orders of any length become spent after 5 years. When a person is convicted as a youth (up to and including the age of 17 years), the rehabilitation period is normally one half of the period set out above.

If a person reoffends during the rehabilitation period then the initial conviction will not usually become spent at the end of the rehabilitation period, but will remain active until the rehabilitation period for the subsequent offence expires (Article 5).

Article 10 of the 2001 Law states that, subject to exceptions set out in regulations, any question seeking information as to a person's previous convictions shall be treated as not relating to spent convictions. There are certain categories of work, set out in the Rehabilitation of Offenders (Exceptions) (Jersey) Regulations 2002, to which the provisions of Article 10 do not apply. These categories of work include the judiciary, the legal profession, law enforcement officers (including the Honorary Police), and employment requiring a PSV licence or a liquor licence. There are also restrictions on the application of Article 10 of the 2001 Law in relation to working with children.

18. DEPUTY  S.Y.  MÉZEC  OF  ST.  HELIER OF  THE  MINISTER  FOR  SOCIAL SECURITY REGARDING INDIVIDUALS ACTIVELY SEEKING WORK:

Question

Following the abolition last September of Income Support (IS)for people aged under-25 who live with their families, how many of those who were formally claiming IS have since found work and how many are no longer registered as actively seeking work, but have not registered as employed'?

Answer

The position at the end of December 2015 of those claimants aged under-25 who were Actively Seeking Work (ASW) and had their own Income Support claim in July 2015 was as follows:

Table does not equal 100% due to rounding.

19. DEPUTY M. TADIER OF ST. BRELADE OF THE MINISTER FOR TREASURY AND RESOURCES REGARDING SCHOOL FEES:

Question

Further to the response given to a question without notice on 1st December 2015 (5.3.1 in Hansard) to the Minister for Education regarding the revenues likely if school fees were subject to the Goods and Services Tax, would the Minister provide details of the expected revenue figures?

Answer

A review of the latest information available in respect of all schools in the island that are in receipt of fees for the provision of both primary and secondary education indicates that the potential revenue from charging GST on those fees could be approximately £1.2m.

20. DEPUTY M. TADIER OF ST. BRELADE OF THE CHIEF MINISTER REGARDING ISLANDERS WITH DISABILITIES:

Question

Will the Chief Minister state how many Islanders are estimated to have a disability, including, but not limited to, epilepsy and blindness (partial or complete) which prevents them from being able to drive?

Answer

The results of the Health & Life Opportunities survey1 estimates the number of islanders to have a disability, as defined under the UK Equality Act 20101, to be 13,900 Jersey residents, which is 14% of the population.

The survey also captured detail on functional impairments. 16% of all individuals are reported to having at least some difficulty' seeing, even if wearing glasses. This equates to 14,112 Jersey residents. Of the respondents to the survey, 2% reported having severe difficulty' seeing, even if wearing glasses. This would equate to 2,016 Jersey residents.

A proportion of those with a disability or functional impairment would be prevented from being able to drive, but we do not have an estimate of the precise number of individuals this would affect. There is no data available on the number of islanders with individual conditions, including epilepsy. However, further qualitative research is being carried out this year to inform the disability strategy which is being developed. This research will help us understand how people's disabilities impact on their lives.

21. DEPUTY M. TADIER OF ST. BRELADE OF THE MINISTER FOR INFRASTRUCTURE REGARDING STEPS BEING TAKEN TO MAKE CYCLING MORE CONVENIENT AND SAFE:

Question

What steps, if any, is the Minister taking to make cycling more convenient and safe? Answer

The encouragement of cycling is a key element of the States Sustainable Transport Policy and the Department for Infrastructure (DfI) is continuously delivering measures which make cycling more convenient and safer.

We have an active programme to expand our off road cycle network.

Work is underway to provide an off road shared (cycle and pedestrian) route through St Peter's Valley, which will link the western route in St Aubin's bay via the Perquage path through to St Mary, in a similar way that the Railway Walk links St Aubin to Corbiere via Les Quennevais. The new path will dramatically improve safety for cyclists and pedestrians whilst making the route more appealing for both residents and tourists.

The next stage of the eastern cycle network linking Grouville Food Hall to Grouville School via the edge of Grouville Common has commenced and will be completed this year. Other sections are also being investigated. The Island Plan (policy TT3) requires all major developments in the south east of the Island to contribute either physically or financially to the eastern cycle network. Several planning obligations have been agreed accordingly and this will provide ongoing funding for this work to continue.

The cycle route from the steam clock, along Commercial Buildings to Havre des Pas, linking western and eastern cycle routes, has been partially completed and my officers are investigating options to continue the cycle route past the old English and French harbours (a previous proposal having been withdrawn).

DfI officers have met the Connétable of St Helier and representatives of the Parish and will be working together to improve cross town cycle routes.

The existing western cycle route is very well used and we are reviewing where improvements can be made to cope with its high usage, for example the improved lighting we have provided along Victoria Avenue and enhancements delivered as part of the St Aubin's village improvement scheme.

In addition to off road facilities, we are progressing a road safety action plan which will aim to reduce the likelihood of injuries on our roads and in particular, make vulnerable road users, such as pedestrians and cyclists, safer. This involves a combination of the 3 E's - engineering, enforcement and education. We have held a workshop with the Minister for Home Affairs, the Connétable s and the 13 policing authorities and have agreed a prioritised programme of measures. These will include continued work on road safety awareness campaigns in conjunction with the road safety officer and States Police (such as last year's Let's look out for each other' campaign).

We have an ongoing programme of providing cycle racks. 100 new stands have been provided in the town area in the last 5 years with a further 50 provided in more rural locations.

We work with developers and the Department of the Environment to ensure that cycle facilities are considered and improved as part of the planning application process and have also secured sponsorship for cycle racks from the private sector, i.e. the Co-Op at St Clement.

Law changes to provide for cycle helmet use for children were introduced by my predecessor in 2014. In 2015 we made law changes regarding the use of electric bikes to make the law less restrictive. We are keen to encourage the use of electric bikes as they provide a cycling option for those who do not consider a conventional bike to be a realistic option. This is not just supportive of the Sustainable Transport Policy, but also the Energy Pathway 2050 and the States interest in promoting healthy life styles through active travel. We have had an initial exchange of correspondence with the Jersey Electricity Company to consider how their use could be promoted.

Finally we would add that we have an active programme of cycle promotion, including the schools green travel fortnight and Cycle Challenge programmes which encourage individuals and businesses to get on their bikes.

In addition to encouraging cycling we also have a programme of measures to encourage people to make more journeys on foot. We will be producing a comprehensive series of proposals to ensure a coordinated approach is being taken and to identify any further measures which can improve the safety and convenience of all forms of active travel.

22. DEPUTY S.M. WICKENDEN OF ST. HELIER OF THE MINISTER FOR THE ENVIRONMENT REGARDING PLANNING APPEALS:

Question

Could the Minister explain how many planning appeals for each category were received by the department in 2015 for each of the following classifications?

• Minor Planning Application
• Major Planning Application
• Enforcement Notice
• Listed Buildings
• Building Bye-Laws
• General Planning Application"

Answer

The Department of the Environment do not directly receive planning appeals.

During 2015, the Judicial Greffe received the following number of appeals in relation to the Planning and Building (Jersey) Law 2002.

23. DEPUTY  J.M.  MAÇON  OF  ST.  SAVIOUR OF  THE  MINISTER  FOR INFRASTRUCTURE REGARDING STRIKE ACTION BY TAXI DRIVERS:

Question

Given the recent strike action taken by taxi drivers, can the Minister explain what further discussions have taken place with the Taxi Drivers Association, give an update on the situation and explain what and when changes to policy are to be implemented?

Answer

Comprehensive discussions were held with the Jersey Taxi Drivers Association (JTDA), Jersey Cab Drivers Association (JCDA), their members and company owners and other industry representatives, as well as the public, during the consultation for and the development of the Taxi Regulatory Review Green' and White' papers (to which over 700 industry and public responses were received). Since being appointed, I have also personally held meetings with industry representatives on the following dates:

Subsequent to announcing our plans in September 2015, we have received numerous contacts from the industry expressing wide and divergent views, covering the entire spectrum of opinion from extremely supportive to denying any need for change.

The main concerns received related to how the transition from the current situation of strict quantitative control (where government decides how many taxis can operate) to more customer focused qualitative requirements could be achieved. To provide the sector with the freedom to improve productivity to better meet peak demand and modernise the quality of the service. Thus, at the launch of our proposals we invited discussion as to how best to achieve the technical aspects of the changes and requested that interested industry representatives submit their own suggestions.

To allow these concerns to be explored, following a series of industry wide meetings organised by the JTDA and a representative of Private Hire, a taxi-cab sector Joint Working Party' was formed. We met with the group on 10th December 2015 to listen to their ideas. As would be expected, the proposed changes to restrictions to access for on-street taxi ranks were of primary concern to the JTDA representatives.

The spirit of the meeting was positive and constructive with many common points of agreement, which all agreed would merit further discussion. However, before dates could be set for our next meeting the JTDA issued an ultimatum objecting to the easing of controls on new entrants to the industry who agree to provide and operate wheelchair accessible vehicles (part of the move from quantitative to qualitative regulation).

Evidently the JTDA were unhappy that protection of its members' position in the taxi-cab market could not be unconditionally guaranteed and  decided to publically  demonstrate their strength  of feeling, without notice, through a day of action. Following on from this, a further meeting was chaired by the Chief Minister on 8th January 2016 with the JTDA. Again this was constructive and it was agreed that a further meeting shall be scheduled to be held in the first week of February.

The  high-level  strategic  programme  for  Taxi  Regulatory  Reform  remains  as  published  below.  At  an operational level it may be necessary for some variation in order to secure further consumer benefits as a result of constructive industry engagement.

24. DEPUTY M.R. HIGGINS OF ST. HELIER OF THE MINISTER  FOR HOUSING REGARDING HOUSING WAITING LISTS;

Question

Will the Minister advise Members for each year during the period 2010 to 2015:

1. how many people were on the housing waiting list in each year, breaking the figures down into:

1. the number of single parent families;
2. the number of couples without children;

3. the number of couples with children, identifying in addition the number of children in each family on the waiting list;
4. the number of single persons.

2. The number of new housing units provided by the States of Jersey and Housing Trusts each year in the period, providing a separate number for each, breaking the figures further down into single bed flats, two bedroom flats, three bedroom flats and single bedroom, two bedroom and three bedroom houses.
3. The number of private sector housing units that have come on to the market each year during the same period using the same categories as in (b) above.

Answer

The Housing Gateway waiting list was introduced in 2013 to consolidate the waiting lists of all social housing  providers,  including  social  housing  tenants  who  wish  to  transfer  to  another  unit,  and  those qualifying to move into the social housing sector.

The total waiting list figure for December 2015 was 1,092, including transfers, with 653 private households in the most urgent housing bands (1 and 2).

The housing gateway publishes monthly statistics on the waiting list, which also explains the banding system, and these can be found on the following web site:

https://www.gov.je/Home/RentingBuying/ApplicationAllocation/Pages/HousingWaitingList.aspx

The  number of  applications in  each  of the  individual years 2013,  2014, and 2015  for  the categories requested was as follows:

1. single parent families:
2. couples without children: (iii)

couples with children, identifying in addition the number of children in each family on the waiting list:

(iv) single persons;

In addition, the Housing Strategy includes an action to review the Housing Gateway eligibility criteria to make sure that it reflects the current demand and supply for social housing. This work includes analysing and examining further the detailed data on the Housing Gateway waiting list, including a breakdown of household numbers and types, and this information will be available as part of the publication of the results of this work, which is due in the next 3 months.

(b) & (c)  Information  on  the  supply of  homes  is  produced  by  the  Environment  Department  and  the Minister for Environment will be publishing the latest housing supply data by the end of January 2016. The Strategic housing Unit work very closely with the Environment Department and this information is a key piece of evidence that supports many of my Housing objectives, as outlined in the draft Housing Strategy.

25. DEPUTY M.R. HIGGINS OF ST. HELIER OF THE MINISTER FOR EXTERNAL

RELATIONS REGARDING  LAWYERS  INVOLVED  IN  STATES  APPOINTED BODIES:

Question

Will the Chief Minister advise members for the year 2015:

1. how  many  Chairmen  of  States  appointed  bodies  are lawyers  and  from  which  law  firms, identifying which bodies, and, if remunerated, the sums paid; and,
2. how  many  members  of  States  appointed  bodies  are lawyers  and  from  which  law  firms, identifying which bodies, and, if remunerated, the sums paid?"

Answer

This answer refers to the States appointed bodies listed in Part C of the Constitution of the States of Jersey http://www.statesassembly.gov.je/SiteCollectionDocuments/States%20Assembly/Constitution%20of%20the %20States%20of%20Jersey.pdf

Some States appointed bodies include States Members, Law Officers, or members of staff who are qualified lawyers, and these have not been included.

Much of this information is publicly available in the relevant States Assembly propositions or Ministerial Decisions, some of which are listed below.

Commissioners of the JFSC are appointed by the States Assembly and the annual report of the JFSC (which details Commissioners' remuneration) is lodged with the States every year.

Jersey Police Authority – provision for remuneration is made at Article 5(7) of the States of Jersey Police Force Law 2012; http://www.jerseylaw.je/Law/display.aspx?url=lawsinforce%2fconsolidated%2f23%2f23.820_StatesofJerse yPoliceForceLaw2012_RevisedEdition_1January2015.htm

Jersey Police Complaints Authority – provision for remuneration is made at the Schedule, 4(2) of the Police (Complaints and Discipline)(Jersey) Law 1999; http://www.jerseylaw.je/Law/display.aspx?url=lawsinforce%2fconsolidated%2f23%2f23.325_Police(Compl aintsandDiscipline)Law1999_RevisedEdition_1January2015.htm

26. DEPUTY M.R. HIGGENS OF ST. HELIER OF THE MINISTER FOR EXTERNAL RELATIONS  REGARDING  THE  U.K.'s  REFERENDUM  ON  MEMBERSHIP  OF THE EUROPEAN UNION:

Question

With regard to the United Kingdom's (UK) in-out Referendum on membership of the European Union would the Minister advise members:

1. there have been any discussions with Her Majesty's Government as to whether Jersey residents would be entitled to vote in the Referendum, and if not, will he seek to ascertain from the UK authorities whether Jersey residents will be allowed to vote; and,
2. in the event that Jersey residents are notallowedtotakepartinthe Referendum, whether hewould support a separate Island Referendum being held on the same question to ascertain the views of Islanders?

Answer

1. As the Chief Minister made clear in answers given to Connetable Taylor and Deputy Mezec during oral questions on June 2nd 2015, there is no legal or constitutional mechanism by which Jersey might take part in

the UK Referendum on EU membership. Jersey is a Crown Dependency with a separate legal status from the UK metropolitan territory

It is for the UK government to determine eligibility to vote in the referendum. The European Referendum Act 2015, which gained Royal Assent on 17 December 2015, stipulates that the franchise should be based on the franchise for UK Parliamentary elections. Accordingly, residents of the Crown Dependencies and Overseas Territories will only be qualified to vote if they would be entitled to do so as electors at a UK parliamentary election in any constituency (for example, as overseas voters). This is consistent with past practice, in particular the 1975 UK referendum on EU membership.