States Meeting Transcript - 1st November 2016

STATES OF JERSEY

OFFICIAL REPORT

TUESDAY, 1st NOVEMBER 2016

COMMUNICATIONS BY THE PRESIDING OFFICER ......................................7

1. The Deputy Bailiff :........................................................................7

QUESTIONS......................................................................................7

2. Written Questions........................................................................7

1. THE DEPUTY OF GROUVILLE OF THE MINISTER FOR EXTERNAL RELATIONS REGARDING JERSEY'S MEMBERSHIP OF THE COMMON TRAVEL AREA: [9664]....................................................................................7
2. THE CONNÉTABLE OF GROUVILLE OF H.M. ATTORNEY GENERAL REGARDING THE POTENTIAL FOR DIFFERENT MINIMUM WAGES: [9667] ....7
3. THE DEPUTY OF ST OUEN OF THE MINISTER FOR SOCIAL SECURITY REGARDING EMPLOYEES ON ZERO HOURS CONTRACTS: [9669]..............8
4. DEPUTY M. TADIER OF ST. BRELADE OF THE MINISTER FOR TREASURY AND RESOURCES REGARDING THE TAX LIABILITY OF OFFICIAL EMOLUMENTS OF THE LIEUTENANT-GOVERNOR: [9670]..........................................8
5. DEPUTY M. TADIER OF ST. BRELADE OF THE MINISTER FOR EDUCATION REGARDING FEES FOR GCSE RESITS AT HIGHLANDS COLLEGE: [9671]......9
6. DEPUTY S.Y. MÉZEC OF ST. HELIER OF THE CHIEF MINISTER REGARDING THE GRANTING OF ENTITLED STATUS ON ECONOMIC AND SOCIAL GROUNDS: [9672]....................................................................10
7. DEPUTY S.Y. MÉZEC OF ST. HELIER OF THE MINISTER FOR TREASURY AND RESOURCES REGARDING THE PROPORTION OF EARNINGS PAID IN GST: [9673]..................................................................................10
8. DEPUTY S.Y. MÉZEC OF ST. HELIER OF THE CHIEF MINISTER REGARDING VISITS UNDERTAKEN BY ELECTED MEMBERS OF THE GOVERNMENT AND OFFICERS OF STATES DEPARTMENTS: [9674]....................................13
9. DEPUTY S.Y. MÉZEC OF ST. HELIER OF THE MINISTER FOR TREASURY AND RESOURCES REGARDING THE PROPORTION OF EARNERS WITH A 0% RATE OF INCOME TAX: [9675].............................................................13

10. DEPUTY M. TADIER OF ST. BRELADE OF THE MINISTER FOR INFRASTRUCTURE REGARDING THE VOTING RIGHTS AT GENERAL MEETINGS OF NON-FREEHOLD TENANTS AND LEASEHOLDERS AT LES QUENNEVAIS PARK AND CLOS DES SABLES: [9676]............................14
11. DEPUTY J.A.N. LE FONDRÉ OF ST. LAWRENCE OF THE MINISTER FOR TREASURY AND RESOURCES REGARDING THE ALLOCATION OF THE STRATEGIC RESERVE: [9677] ......................................................15

12. SENATOR S.C. FERGUSON OF THE MINISTER FOR HEALTH AND SOCIAL SERVICES REGARDING THE EMPLOYMENT OF SOCIAL WORKERS: [9678]..16
13. SENATOR S.C. FERGUSON OF THE MINISTER FOR SOCIAL SECURITY REGARDING THE ACCESS TO BENEFITS ADMINISTERED BY THE DEPARTMENT OF PEOPLE RETURNING TO JERSEY: [9680]....................18
14. DEPUTY G.P. SOUTHERN OF ST. HELIER OF THE MINISTER FOR HEALTH AND SOCIAL SERVICES REGARDING THE FUNDING OF HOME CARE: [9681]......19
15. DEPUTY G.P. SOUTHERN OF ST. HELIER OF THE CHIEF MINISTER REGARDING THE IMPACT OF BREXIT ON JERSEY BANKS: [9682]............22
16. DEPUTY M. TADIER OF ST. BRELADE OF THE MINISTER FOR ECONOMIC DEVELOPMENT, TOURISM, SPORT AND CULTURE REGARDING THE PLAY PARK AT LES QUENNEVAIS PLAYING FIELDS: [9683]..........................22
17. DEPUTY M. TADIER OF ST. BRELADE OF THE MINISTER FOR EDUCATION REGARDING MEANS TESTING FOR ACCESS TO THE NURSERY EDUCATION FUND: [9684]..........................................................................23
18. DEPUTY M.R. HIGGINS OF ST. HELIER OF H.M. ATTORNEY GENERAL REGARDING THE ACCOUNTABILITY AND LIABILITY OF CENTENIERS: [9685]..................................................................................23
19. DEPUTY M.R. HIGGINS OF ST. HELIER OF H.M. ATTORNEY GENERAL REGARDING THE EMPLOYMENT AND LIABILITY OF CROWN ADVOCATES AND POLICE LEGAL ADVISORS: [9686]...........................................24
20. DEPUTY M.R. HIGGINS OF ST. HELIER OF H.M. ATTORNEY GENERAL REGARDING MEASURES TAKEN BY THE LAW OFFICERS' DEPARTMENT TO ENSURE THE TIMELINESS OF PROVISION OF INFORMATION AND RECORDS: [9687]..................................................................................25
21. DEPUTY M.R. HIGGINS OF ST. HELIER OF THE CHIEF MINISTER REGARDING THE PUBLICATION OF A DOCUMENT TO INFORM THE PUBLIC ON WHOM SUMMONS MAY BE SERVED: [9688] ..............................................26
22. DEPUTY M.R. HIGGINS OF ST. HELIER OF THE CHIEF MINISTER REGARDING THE DEFENCE OF DEFAMATORY STATEMENTS: [9689] ........................26

3. Oral Questions...........................................................................27

3.1 Deputy M. Tadier of St. Brelade of the Minister for Education regarding consultation on plans to reduce Newly Qualified Teachers' salaries: [9697]........................27

Deputy R.G. Bryans of St. Helier (The Minister for Education):..............................27

1. Deputy M. Tadier :......................................................................27
2. Deputy G.P. Southern of St. Helier:....................................................28
3. Deputy M. Tadier :......................................................................28

3.2. Deputy K.C. Lewis of St. Saviour of the Minister for Treasury and Resources regarding the post office at Five Oaks: [9692]..........................................28

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

rapporteur):.............................................................................28 3.2.1 Deputy K.C. Lewis :....................................................................29

3. Deputy S.Y. Mézec of St. Helier of the Minister for Health and Social Services regarding meetings held with representatives of workers affected by funding cuts to Family Nursing and Home Care: [9694]................................................29

Senator A.K.F. Green (The Minister for Health and Social Services):........................29

1. Deputy S.Y. Mézec :....................................................................29

2. Deputy G.P. Southern :..................................................................30
3. Deputy K.C. Lewis :....................................................................30
4. Deputy R.J. Renouf of St. Ouen:........................................................30
5. The Deputy of St. Ouen:................................................................30
6. Deputy M. Tadier :......................................................................31
7. Senator S.C. Ferguson:.................................................................31
8. Deputy J.A. Martin of St. Helier:.......................................................32
9. Deputy S.Y. Mézec :....................................................................32

4. Deputy G.P. Southern of the Minister for Health and Social Services regarding applications for Long-Term Care benefit and Income Support Personal Care Component 4: [9695]....................................................................33

Senator A.K.F. Green (The Minister for Health and Social Services):........................33

1. Deputy G.P. Southern :..................................................................34
2. Deputy G.P. Southern :..................................................................34

5. Senator S.C. Ferguson of the Minister for Infrastructure regarding the discharge limits for Total Nitrogen from the Bellozanne Sewage Treatment Plant: [9690]......34

Deputy E.J. Noel of St. Lawrence (The Minister for Infrastructure):..........................34

1. Senator S.C. Ferguson:.................................................................34
2. Deputy A.D. Lewis of St. Helier:.......................................................35
3. Deputy M. Tadier :......................................................................35
4. Deputy M. Tadier :......................................................................36
5. Deputy M.R. Higgins of St. Helier:.....................................................36
6. Deputy M.R.Higgins:..................................................................36
7. Connétable J.E. Le Maistre of Grouville :...............................................36

8. Deputy M. Tadier :......................................................................36
9. Deputy M. Tadier :......................................................................37
10. Senator S.C. Ferguson:..............................................................37

6. Deputy C.F. Labey of Grouville of the Chief Minister regarding the conditions applied to the residential and employment status of High Net Worth individuals: [9665]....................................................................................37

Senator P.F. Routier (Assistant Chief Minister - rapporteur):.................................37

1. The Deputy of Grouville :...............................................................37
2. Senator S.C. Ferguson:.................................................................38
3. Senator S.C. Ferguson:.................................................................38
4. Deputy R. Labey of St. Helier:..........................................................38
5. Deputy M. Tadier :......................................................................38
6. Deputy M. Tadier :......................................................................38
7. Deputy M.R.Higgins:..................................................................39

8. Deputy G.P. Southern :..................................................................39
9. Deputy G.P. Southern :..................................................................39
10. Deputy M. Tadier :...................................................................39
11. Deputy M. Tadier :...................................................................40
12. The Deputy of Grouville : ............................................................40

7. The Connétable of Grouville of the Minister for Infrastructure regarding the use of fuel oil in the Energy from Waste plant: [9666]........................................41

Deputy E.J. Noel (The Minister for Infrastructure):...........................................41

1. The Connétable of St. Grouville : .......................................................41

2. Deputy M. Tadier :......................................................................41
3. Deputy M. Tadier :......................................................................41
4. Deputy M. Tadier :......................................................................42
5. The Connétable of Grouville :...........................................................42

8. Connétable C.H. Taylor of St. John of the Minister for Housing regarding the definition of household' used in her work and that of the Department: [9668] ......42

Deputy A.E. Pryke of Trinity (The Minister for Housing):....................................43

1. The Connétable of St. John:............................................................43
2. Senator P.F.C. Ozouf :..................................................................43
3. Deputy M. Tadier :......................................................................43
4. The Connétable of St. John:............................................................43

9. Deputy G.P. Southern of the Minister for Treasury and Resources regarding the tax gap' and measures to combat practices contributing towards tax avoidance: [9696].44

The Connétable of St. Peter (Assistant Minister for Treasury and Resources - rapporteur):...44

1. Deputy G.P. Southern :..................................................................45
2. Senator S.C. Ferguson:.................................................................46
3. Deputy M. Tadier :......................................................................46
4. Deputy M. Tadier :......................................................................46
5. Deputy G.P. Southern :..................................................................46

10. Deputy M. Tadier of the Chairman of the Comité des Connétable s regarding an Island-wide review of speed limits: [9698] ..............................................47

Connétable L. Norman of St. Clement (Chairman, Comité des Connétable s): ................47

1. Deputy M. Tadier :...................................................................47
2. Deputy M. Tadier :...................................................................47

11. The Deputy of Grouville of the Minister for Treasury and Resources regarding freedom of access to private pension pots: [9693]......................................48

The Connétable of St. Peter (Assistant Minister for Treasury and Resources - rapporteur):...48

1. The Deputy of Grouville : ............................................................48
2. Deputy G.P. Southern : ..............................................................49
3. The Deputy of Grouville : ............................................................49

12. Senator S.C. Ferguson of the Minister for Treasury and Resources regarding the negotiation of leases by the Ports of Jersey: [9691].....................................49

The Connétable of St. Peter (Assistant Minister for Treasury and Resources - rapporteur):...49

1. Senator S.C. Ferguson:..............................................................50
2. Deputy G.P. Southern : ..............................................................50
3. Deputy G.P. Southern : ..............................................................50
4. Deputy J.A.N. Le Fondré of St. Lawrence:..........................................51
5. Deputy S.M. Wickenden of St. Helier : ..............................................51
6. Deputy K.C. Lewis : .................................................................51
7. Deputy G.P. Southern : ..............................................................51
8. Deputy G.P. Southern : ..............................................................52
9. Senator S.C. Ferguson:..............................................................52

4. Questions to Ministers without notice - The Minister for Environment...............52

1. Deputy M.R.Higgins:..................................................................52 Deputy S.G. Luce of St. Martin (The Minister for Environment): ............................52

1. Deputy M.R.Higgins:..................................................................53
   2. Senator S.C. Ferguson:.................................................................53
   3. The Deputy of Grouville :...............................................................53

4.3.1 The Deputy of Grouville :...............................................................54

4. Connétable A.S. Crowcroft of St. Helier:...............................................54
5. Deputy A.D. Lewis :....................................................................54

4.5.1 Deputy A.D. Lewis :....................................................................55

6. Connétable J. Gallichan of St. Mary : ...................................................55

5. Questions to Ministers without notice - The Minister for Social Security.............56

1. Deputy G.P. Southern :..................................................................56 Deputy S.J. Pinel of St. Clement (The Minister for Social Security):..........................56

1. Deputy G.P. Southern :..................................................................56
   2. Deputy T.A. Vallois of St. John:........................................................56

5.2.1 The Deputy of St. John:................................................................57

3. Deputy G.P. Southern :..................................................................57

5.3.1 Deputy G.P. Southern :..................................................................57

4. Deputy A.D. Lewis :....................................................................58

5.4.1 Deputy A.D. Lewis :....................................................................58

5. Deputy S.Y. Mézec :....................................................................58
6. Connétable P.B. Le Sueur of Trinity :...................................................58
7. Deputy G.P. Southern :..................................................................59
8. The Deputy of St. John:................................................................59

5.8.1 The Deputy of St. John:................................................................60

PUBLIC BUSINESS.............................................................................60

6. Public Elections: introduction of S.T.V. and A.V. (P.88/2016) - as amended..........60

6.1 Deputy M. Tadier :......................................................................61

1. Deputy S.M. Wickenden:...............................................................62
2. Deputy S.Y. Mézec :....................................................................65
3. Senator A.K.F. Green: ..................................................................67
4. The Connétable St. Clement:...........................................................67
5. Senator P.M. Bailhache : ................................................................68
6. The Connétable of St. John:............................................................69

7. Senator L.J. Farnham :..................................................................69
8. Deputy J.A.N. Le Fondré:..............................................................69
9. Deputy A.D. Lewis :....................................................................70
10. Deputy J.M. Maçon:.................................................................71
11. The Connétable of Grouville :........................................................72
12. Senator P.F.C. Ozouf : ...............................................................73

LUNCHEON ADJOURNMENT PROPOSED..................................................75 LUNCHEON ADJOURNMENT................................................................75

13. Deputy M.R.Higgins:...............................................................75
14. Deputy S.G. Luce of St. Martin:.....................................................76
15. Deputy R.D. Johnson of St. Mary:...................................................76
16. Deputy S.M. Brée of St. Clement:...................................................76
17. Deputy J.A. Martin: .................................................................76
18. The Connétable of St. Mary : ........................................................77

19. Deputy G.P. Southern : ..............................................................78
20. Deputy M. Tadier :...................................................................79

7. Draft Limited Liability Partnerships (Jersey) Law 201- (P.95/2016)..................83

1. Senator P.F.C. Ozouf (Assistant Chief Minister - rapporteur):..........................83
2. Senator P.F.C. Ozouf :..................................................................84

1. Deputy A.D. Lewis :....................................................................85
2. Senator P.F.C. Ozouf :..................................................................85
   3. Senator P.F.C. Ozouf :..................................................................86

1. Deputy A.D. Lewis :....................................................................87
2. Senator P.F.C. Ozouf :..................................................................87

4. Senator P.F.C. Ozouf :..................................................................87

8. Antarctic Act 2013: extension of sections 14, 15 and 16 to Jersey by Order in Council (P.96/2016)...............................................................................89

8.1 Senator P.M. Bailhache (Assistant Chief Minister - rapporteur):........................89

1. Senator P.F.C. Ozouf :..................................................................90
2. Senator P.M. Bailhache : ................................................................90 Mr. R.J. MacRae , H.M. Attorney General:....................................................90

9. Public Elections: polling cards and accessibility of polling stations (P.97/2016) ......90

9.1 Deputy S.Y. Mézec :....................................................................91

1. Deputy P.D. McLinton of St. Saviour:..................................................94
2. The Connétable of St. Peter:............................................................94
3. Deputy A.D. Lewis :....................................................................94
4. The Connétable St. Clement:...........................................................95
5. Deputy S.M. Wickenden:...............................................................96
6. Deputy R. Labey : ......................................................................97
7. Deputy J.A. Martin:....................................................................98
8. Deputy G.P. Southern :..................................................................99
9. The Connétable of St. Helier:..........................................................100
10. Deputy S.M. Brée: .................................................................100
11. Deputy M. Tadier :..................................................................101
12. Senator L.J. Farnham : ..............................................................102
13. Senator P.F.C. Ozouf : ..............................................................103
14. Deputy S.Y. Mézec :................................................................105

10. Jersey Police Complaints Authority: appointment of a Chairman (P.104/2016).....109

10.1 Deputy K.L. Moore of St. Peter (The Minister for Home Affairs):....................109

ARRANGEMENT OF PUBLIC BUSINESS FOR FUTURE MEETINGS ..................110

11. The Connétable of St. Clement (Chairman, Privileges and Procedures Committee):...110

ADJOURNMENT..............................................................................110

[9:30]

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

1. The Deputy Bailiff :

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

QUESTIONS

2. Written Questions

1. THE DEPUTY OF GROUVILLE OF THE MINISTER FOR EXTERNAL RELATIONS REGARDING JERSEY'S MEMBERSHIP OF THE COMMON TRAVEL AREA: [9664]

Question

What are the benefits to Jersey of being part of the Common Travel Area and what would the advantages and disadvantages be for Jersey of being excluded?

Answer

The Common Travel Area ("CTA") predates the UK's entry into the EU and encompasses the United Kingdom, the Republic of Ireland, Jersey, Guernsey and the Isle of Man. It is the policy of the Government of Jersey to maintain freedom of movement within the CTA, particularly between the Channel Islands and the UK.

Advantages of being part of the CTA include the fact that Jersey lies within the common external border of the British Isles, and therefore the passport arrangements for those coming into the Common Travel Area through Jersey from the EU and the rest of the world are all the same. Key provisions of the UK's Immigration legislation are extended to Jersey, which also means that there is a common set of arrangements at the border, which leads to administrative efficiency. There is the additional benefit for travellers that there are no formal immigration controls when travelling within the CTA. This efficiency and convenience would be lost in the hypothetical case of Jersey being excluded from the CTA.

On the other hand, being outside the CTA would allow Jersey to establish its own criteria and systems to control inward movement of people into the Island. The practical and resource implications to control all arrivals at our border would, however, be significant: in 2015 a total of 35,209 travellers arrived at the States Airport from outside the CTA and required passport checks, whereas in the same year over 20 times that number arrived at the airport from within the CTA.

Neither the Government of Jersey nor the UK Government is seeking to establish separate immigration arrangements for Jersey.

2. THE CONNÉTABLE OF GROUVILLE OF H.M. ATTORNEY GENERAL REGARDING THE POTENTIAL FOR DIFFERENT MINIMUM WAGES: [9667]

Question

Would it be lawful and Human Rights compliant to introduce different minimum wages for different industries or seasonal workers?

Answer

Article 16 of the Employment (Jersey) Law 2003 (the "2003 Law") enables provision to be made for the minimum wage of employees working in Jersey. Article 16(2) of the 2003 Law and the Employment (Minimum Wage) (Jersey) Regulations 2004 make provision about who qualifies for the minimum wage and do not distinguish between employees in different industries or employees working seasonally. The amount of the minimum wage is prescribed by the Minister for Social Security under Article 16(3) and does not discriminate on either basis.

Article 16(6) of the 2003 Law provides the States  Assembly with the power to  change who qualifies for the minimum wage. However, Article 16(7) of the 2003 Law provides that this power cannot be used to treat different areas of Jersey, sectors of employment or occupations differently. Further, Article 104(5) of the 2003 Law limits the power of the Minister for Social Security to prescribe the amount of the minimum wage so that it does not appear to extend to making different provision in relation to particular industries or for seasonal workers.

In view of these limits on the powers of the Assembly and the Minister in the 2003 Law, the issue of the human rights compliance of any such change does not arise, but setting different minimum wages for different industries or seasonal workers is unlikely to breach the rights set out in the European Convention on Human Rights.

Setting different minimum wages for different industries or seasonal workers might lead to conflict with the effect of the Discrimination (Jersey) Law 2013. For example, if an employer pays a seasonal employee less than a permanent employee for the same work it might be argued that the employer is engaging in a prohibited act of indirect discrimination contrary to Article 10 of the 2013 Law if the effect of setting different rates of pay were disproportionately prejudicial to people with a particular protected characteristic. Further consideration may need to be given to the resolution of this apparent conflict if a change to the minimum wage of this nature were proposed.

3. THE DEPUTY OF ST OUEN OF THE MINISTER FOR SOCIAL SECURITY REGARDING EMPLOYEES ON ZERO HOURS CONTRACTS: [9669]

Question

Would the Minister provide updated information relating to the following matters, as previously reported  in paragraphs 7.3.1 and 7.3.9 of Zero  Hours  Contracts: Response to  P.100/2013 as amended' (R.52/2015) relating to:

1. the number of people with a zero-hours job as their main job, and
2. the industries worked in by those with a zero-hours contract as their main job?

Answer

As noted in paragraphs 7.1.1 and 7.1.3 of Zero Hours Contracts: Response to P.100/2013 as amended' (R.52/2015), the details relating to the number of people with a zero-hours job as their main job, and the industries worked in by those with a zero-hours contract as their main job were identified by analysing data from the manpower and contribution returns. The 2015 exercise required extensive time and resources to produce as it combined information gathered from two separate sources under the control of two different Ministers.

This work will be repeated and the analysis will be made available when it is complete.

4. DEPUTY M.TADIER OF ST. BRELADE OF THE MINISTER FOR TREASURY AND RESOURCES REGARDING THE TAX LIABILITY OF OFFICIAL EMOLUMENTS OF THE LIEUTENANT-GOVERNOR: [9670]

Question

Will the Minister explain why, under Article 115(d) of the Income Tax (Jersey) Law 1961, official emoluments of the Lieutenant-Governor are exempt from income tax?

Answer

The Lieutenant-Governor is appointed by Her Majesty the Queen to be her personal representative and impartial adviser within the Island. Under the principle of international law known as sovereign immunity, Her Majesty the Queen is exempted from income tax under Article 115(b) and that exemption is extended to her personal representative under Article 115(d). This exemption has been included in the Income Tax (Jersey) Law 1961 since its original enactment and is consistent with the approach adopted internationally (for example similar exemptions exist in both Guernsey and the Isle of Man). The Lieutenant-Governor does pay Jersey Income Tax on income other than that arising from his employment.

5. DEPUTY M. TADIER OF ST. BRELADE OF THE MINISTER FOR EDUCATION REGARDING FEES FOR GCSE RESITS AT HIGHLANDS COLLEGE: [9671]

Question

Will the Minister provide a breakdown of current fees (including tuition, exam and administration fees) for GCSE resits at Highlands College (where the College has already paid for the exam once), and will he state whether there have been, or are planned to be, any increases in any of the fees charged, including administration fees charged by the College, and, if so, how these compare to the previous prices?

Answer

When students enrol on a Level 2 or Level 3 programme of study at Highlands College and they have not achieved a GCSE at grade C or above in English and/or Mathematics, their programme of study will include one of these GCSEs. These students will already have had one publicly-funded attempt at their GCSE qualifications while studying in secondary school.

The cost of taking GCSE examinations while studying at Highlands College are covered by the following extract from the Student Handbook, which is published to students and available on the College website;

• Where they are relevant to the course and form an essential part of a full-time programme, there is no charge for the first attempt at an examination. However students should be aware if they fail to attend their examination at the required/advised time they will incur charges as detailed below for re-sit examinations.
• When a student retakes an examination a retake fee of £20, plus the awarding body fee, must be paid prior to the student being entered for the examination. Exemption from payment is only possible if extenuating circumstances apply to the first attempt and evidence, such as a medical certificate, is supplied.

Students enrolled at Highlands College therefore have a second publicly-funded attempt at their GCSE examinations before they are asked to pay for any further attempts to achieve these qualifications. Where payment for a retake might cause an individual student financial hardship, the College will facilitate payment over a period of time or may allow the student to access funding from the College Student Hardship Fund. Where a number of students are retaking an examination the retake fee (£20) which covers administration and invigilation may be reduced. There are no plans to increase the retake fee, which has not been increased for at least three years. The fees currently charged to Highlands College by the GCSE awarding body for 2016/17 are £55.60 for the English  examination  and  £33.60  for  the  Mathematics  examination.  These  fees  are  reviewed annually and agreed with the Department for Education in England.

6. DEPUTY S.Y. MÉZEC OF ST. HELIER OF THE CHIEF MINISTER REGARDING THE  GRANTING  OF  ENTITLED  STATUS  ON  ECONOMIC  AND  SOCIAL GROUNDS: [9672]

Question

Since the Control of Housing and Work (Residential and Employment Status) (Jersey) Regulations 2013 came into force, how many times has the Chief Minister granted 'Entitled' status under section 2(1)(e) to somebody who was already resident in the Island?

Answer None.

7. DEPUTY S.Y. MÉZEC OF ST. HELIER OF THE MINISTER FOR TREASURYAND RESOURCES REGARDING THE PROPORTION OF EARNINGS PAID IN GST: [9673]

Question

Will the Minister provide estimates, by income quintile, of the proportion of total income that earners in each quintile pay in GST?

Answer

Alongside the Medium Term Financial Plan Addition 2017-2019 the Council of Ministers lodged a document entitled "Distributional analysis of the MTFP proposals" which was compiled by the Chief Economic Adviser. [1] Section 4.4 of this document considered the distributional analysis of changes in the rate of GST and has been reproduced below for the benefit of Members:

4.4 GST Distributional Analysis

There are several different ways to analyse the distributional consequences of GST. In particular, one can look at two different approaches:

• the proportion of gross income taken in GST
• the proportion of expenditure taken in GST

Using data from the Household Expenditure Survey (HES) it is possible to calculate how much households spend on GST by the level of their income.

However, looking at GST as a proportion of gross income is not be the only way of considering this.  Other  taxes  may  already  reduce  household  income,  and  these  may  affect  households differently. For example, one way to reduce the proportion of income taken from the lowest quintile in GST would be to raise the rate of other taxes on this quintile. This would reduce the money that these household have to spend, and thus reduce the amount of the GST as a proportion of income (although not necessarily disposable income).

Looking purely as a proportion of income, even disposable income, while important, does not necessarily tell the whole story. In particular, it shows a snapshot of spending and income patterns in the population at a particular moment in time, and may be misleading given the variability of income over a lifetime: those with low incomes now may be the young or elderly or temporarily out of work who will be, or have been, amongst higher income groups at other times. As the IFS notes, "given that households can smooth consumption over their lifetime, expenditure is a better proxy for lifetime resources than current income."[2]

So under this measure, GST looks more regressive in part because those with high incomes tend to have high savings, and so appear to escape the tax. However, savings must be spent at some point, and they will be subject to the tax when they are. For example, people tend to spend more than their income when they are young and when they are old, while in-between they pay down debt and accumulate savings. Over the course of a lifetime, income will be broadly equal to expenditure (unless of course a large inheritance is left, but then the tax will be paid by the receiver when it is spent).

Looking at GST as a proportion of spending instead of income, addresses this concern to the extent that the latter is a better reflection of household's perceptions of their own lifetime spending ability. As to be expected, this measure shows GST as less regressive than as a proportion of gross income.

Estimates of these two measures are shown below based on the 2014/15 household expenditure and income distribution surveys.

Figure 40: Increase of 1% in GST as a share of income and expenditure across the income distribution

1st quintile 2nd quintile 3rd quintile 4th quintile 5th quintile

1 0.9 0.8 0.7

0.6

0.5

0.4

0.3

0.2

0.1

0

% of income % of expenditure

Source: States of Jersey Statistics Unit/Economics Unit calculations

While the degree varies slightly by the measure chosen, GST is mildly regressive. This is mainly due to the effect on those households on the lowest incomes, which spend a larger proportion of their income on essential items such as food, domestic energy and so on.[3]

8. DEPUTY S.Y. MÉZEC OF ST. HELIER OF THE CHIEF MINISTER REGARDING VISITS UNDERTAKEN BY ELECTED MEMBERS OF THE GOVERNMENT AND OFFICERS OF STATES DEPARTMENTS: [9674]

Question

Will the Chief Minister provide the details of all visits undertaken in the last 5 years by elected Members of Jersey's government and by officers of States Departments to the following countries, including the purpose of those visits, their duration and the cost?

1. Saudi Arabia
2. Bahrain
3. United Arab Emirates
4. Oman
5. Qatar
6. Kuwait

Answer

A substantial amount of information on travel costs is now published online, including flights, flight costs, dates and location of departure, and date and location of return, trip duration, class, and reasons for the visit, which will include any visits to the jurisdictions listed (a) – (f) above. The information can be found by following the below link and will be maintained on an ongoing basis on gov.je.

http://www.gov.je/SiteCollectionDocuments/Government%20and%20administration/ID%20travel%20revie w%20appendix%202%20-%20H%20to%20J%2020160610%20AT.pdf

In addition, the Chief Minister publishes travel and entertainment figures incurred by Ministers and Assistant Ministers each year (and 2015 is due to be published in the coming two weeks) with previous reports being:

R.108/2015 Travel and Entertainment Expenses 2014: Ministers and Assistant Ministers http://www.statesassembly.gov.je/AssemblyReports/2015/R.108-2015.pdf

R.158/2014 Travel and Entertainment Expenses 2012 and 2013: Ministers and Assistant Ministers Travel and Entertainment Expenses 2012 and 2013: Ministers and Assistant Ministers

R.127/2012 Travel and Entertainment Expenses 2011: Ministers and Assistant Ministers

Travel and Entertainment Expenses 2012 and 2013: Ministers and Assistant Ministers

9. DEPUTY S.Y. MÉZEC OF ST. HELIER OF THE MINISTER FOR TREASURYAND RESOURCES REGARDING THE PROPORTION OF EARNERS WITH A 0% RATE OF INCOME TAX: [9675]

Question

What proportion of earners in Jersey, if any, have an effective income tax rate of 0% by virtue of having tax allowances which exceed their earnings? What proportion of taxpayers qualify for the pensioners' tax allowance and, of those who qualify, what proportion of such earners have an effective income tax rate of 0%?

Answer

The information provided in the answer to Deputy Higgins's recent question regarding personal income tax (question 9586 –see:

http://www.statesassembly.gov.je/AssemblyQuestions/2016/(9586)%20Dep%20Higgins%20to%20 TR%20re%20income%20tax%20information.pdf ) indicates that in 2014 there were approximately 15,000 personal non-taxpayers who did not have a positive income tax liability because their income was less than the allowances, reliefs and deductions to which they were entitled for that year[4]. The previous answer also indicates that in 2014 there were approximately 60,000 personal taxpayers plus personal non-taxpayers; therefore the proportion of non-taxpayers is approximately 25%.

Of those 60,000 personal taxpayers plus personal non-taxpayers, approximately 9,000 or 15% were entitled to the age enhanced exemption thresholds for the 2014 year of assessment.

Of those 9,000 personal taxpayers plus personal non-taxpayers entitled to the age enhanced exemption thresholds for the 2014 year of assessment approximately 2,500 or 27.8% were personal non-taxpayers.

As noted in the previous answer, the number of personal non-taxpayers will vary for a number of reasons including targeted use of resources by the Taxes Office to reduce the number of taxpayers that receive a tax return each year (i.e. when resource is available the Taxes Office will review cases where the taxpayer's income has been consistently below the tax exemption thresholds and is likely to remain that way and stop issuing them with a tax return). Those pensioners who have been through this  process and  were not  issued  with  a tax  return in  2014 are therefore excluded from the data provided above. It is estimated that the proportion of all pensioners who are exempt from income tax is considerably higher than the 30% of all Islanders who are estimated to be exempt from tax.

10. DEPUTY M. TADIER OF ST. BRELADE OF THE MINISTER FOR INFRASTRUCTURE REGARDING THE VOTING RIGHTS AT GENERAL MEETINGS OF NON-FREEHOLD TENANTS AND LEASEHOLDERS AT LES QUENNEVAIS PARK AND CLOS DES SABLES: [9676]

Question

What voting rights, consultation and ability to attend general meetings are afforded to the non- freehold tenants and leaseholders of Les Quennevais Park and Clos des Sables?

Does Jersey Property Holdings consult, when appropriate, these tenants and leaseholders before deciding how to cast its block votes?

Have any approaches been made by any such tenant or leaseholder to officers of Jersey Property Holdings to have more say in decisions relating to these blocks of flats and, if so, how many; and what is the Department's policy on such matters?

Answer

The project to convert to perpetual flying freehold the 99-year leasehold apartments at Quennevais Park and Clos des Sables has followed the prescribed co-ownership structure for such associations.

The terms and conditions for the administration of each association is set out in a Declaration' lodged and retained in the Public Registry.

Each association is obliged, under its Declaration, to hold at least one Annual General Meeting [AGM] of the co-owners.

In cases where certain 99-year leaseholders have opted to retain their leasehold ownership status (rather than converting to flying freehold), Jersey Property Holdings [JPH] attends the AGMs in its capacity as co-owner on behalf of the Public of those apartments.

Prior to each AGM, JPH contacts every respective 99-year leaseholder, setting-out any relevant agenda items which could affect those apartments. JPH asks for comments and whether the leaseholder is in favour or against respective items.

JPH votes at meetings having regard to its position as the co-owner representing the Public and reflecting any views expressed by the leaseholders.

JPH then writes to the leaseholders following the AGMs to set-out the decisions made.

JPH has received a small number of approaches from 99-year leaseholders asking if they could attend AGMs in person. The difficulty with such requests is that firstly, the meetings are for the flying freehold association, being the co-owners forming that association. It may be possible, theoretically, for a co-owner to bring a guest to an AGM, although that guest could only attend in an observing capacity. Secondly, some items at an AGM are confidential financial decisions, such as setting the level of service charge, which affect only the co-owners and JPH considers that it would be unfair on co-owners to have guests at meetings being privy to those discussions.

To date, the arrangement of JPH contacting the leaseholders prior and after meetings appears to work satisfactorily, albeit proving time consuming for the department. JPH would encourage the remaining 99 year leaseholders to consider acquiring the freehold interest and would welcome applications from those in a position so to do.

11. DEPUTY J.A.N. LE FONDRÉ OF ST. LAWRENCE OF THE MINISTER FOR TREASURY AND RESOURCES REGARDING THE ALLOCATION OF THE STRATEGIC RESERVE: [9677]

Question

Is any part of the Strategic Reserve earmarked for any purpose (whether provisional or specific) and, if so, how much is each such allocation, and what is the total of all such allocations?

Answer

The Strategic Reserve Fund ("the Fund") was established by the States in 1986 with an initial capital injection of £10 million to provide the Island with some level of insulation from external shocks.

The Fund was enshrined in law as a permanent reserve on the enactment of the Public Finances (Jersey) Law 2005. Article 4(3) of the Public Finances (Jersey) Law 2005, requires that the Strategic Reserve Fund cannot be used for any other purpose than specifically recommended by the Minister for Treasury and Resources and approved by the States (see section 2.2.2).

The policy for the use of the "capital" of the Strategic Reserve Fund was approved by the States in P.133/2006, which states that "the capital value is only to be used in exceptional circumstances to insulate the Island's economy from severe structural decline such as the sudden collapse of a major industry or from major natural disaster". An example of severe structural decline would be the financial services industry becoming uncompetitive and leaving Jersey.

In the Budget 2015, the States agreed that the Fund balance of £651.2 million as at 31st December 2012 should be defined as the capital value and that the capital value would be maintained in real terms by increasing in line with Jersey RPI(Y).

The States subsequently approved P.84/2009, in which they agreed to vary the policy approved in 2006 "to enable the Strategic Reserve Fund to also be used, if necessary, for the purposes of providing funding for the Bank Depositors Compensation Scheme to be established under the Banking Business (Depositors Compensation) (Jersey) Regulations 200-; and to agree that monies from the Strategic Reserve Fund, up to a maximum combined total not exceeding £100 million, should be made available if required to meet the States contribution to the Bank  Depositors Compensation  Scheme  and/or  to  meet  any  temporary  cash  flow  funding  requirements  of  the Scheme".

In P.122/2013 the States agreed that the Fund may be used for the planning and creation of new hospital services in the Island. For those purposes, to date, the States have approved £32.9 million.

During this Medium Term Financial Plan 2016-2019 (MTFP) transfers to and from the Strategic Reserve were approved by the States. In 2016 £56.7 million was transferred from the Strategic Reserve into the Consolidated Fund. A further £55.3 million is proposed to be transferred in 2017 and £16 million in 2018. In 2017 £5 million will be transferred back into the Strategic Reserve and in 2019 a further £20 million is planned to be returned.

In summary, a further £46.3 million is planned to be transferred from the Strategic Reserve to the Consolidated Fund between 2017 and 2019, as agreed by the States. Up to £100 million is available if required to meet the States contribution to the Bank Depositors Compensation Scheme and/or to meet any temporary cash flow funding requirements of the Scheme.

12. SENATOR  S.C.  FERGUSON  OF THE  MINISTER  FOR  HEALTH  AND  SOCIAL SERVICES REGARDING THE EMPLOYMENT OF SOCIAL WORKERS: [9678]

Question

Will the Minister provide the following information in respect of social workers employed by Health and Social Services, listed by year since 2013 and including the current year?

1. the number of social workers employed in total;
2. the number of social workers employed from agencies;
3. the total annual cost of agency social workers;
4. the number of social workers employed through their own company;
5. the number of agencies used, whetheranyof these have connections with existing or past States employees and, if so, how many;
6. the totalamount paid by the Department on social workers' rents and the percentage ofthe market rental of the properties occupied; and,
7. whether commissions are being paid to past and current employees ofthe Department for the procurement of social worker staff.

Answer

1. the number of social workers employed in total:

2. the number of social workers employed from agencies:

There is an ongoing need for agency social workers to be employed across the service so that the needs of service users can be met. Without agency workers, the current permanent staffing establishment would face unmanageable caseloads within the teams.

3. the total annual cost of agency social workers:

4. the number of social workers employed through their own company:

We are not aware of any social workers employed through their own company; all such social workers are employed through agencies

5. the number of agencies used, whether any of these have connections withexisting or past States employees and, if so, how many:

Seven agencies are currently being used to recruit social workers and there is no information to suggest that they have links to present or past employees. These agencies are well-known companies that have been used by local authorities in the UK.

6. The total amount paid by the department on social workers' rents and the percentage ofthe market rental of the properties occupied:

The Department does not usually pay for social worker accommodation. Agency social workers do not have a qualification to rent accommodation when they arrive on Island, therefore they are provided with staff accommodation, which they pay for themselves.

The accommodation ranges from bedsits with ensuite bathroom, bedroom with shared facilities, or 1-bedroom flats. The rent is determined by the property size and location.

However, this year the Department has paid for staff accommodation on two occasions. This was more cost effective than paying expenses for these appointments.

Costings are included in the table below:

Note: The flats in the table above are not identical and therefore attract slightly different rents. Please note also that the flat referenced between January and March 2016 was at 2015 costings; the flat referenced from June 2016 to present was subject to a 5% rental increase from 1 June 2016.

7. Whether commissions are being paid to past and current employees of the department for the procurement of social worker staff

No commissions are being paid to past or present employees for the procurement of social worker staff

Further to the written answer 9678 this week regarding social workers, and some confusion in the media coverage which followed, HSSD would like to make the following additional points to clarify the position:

1. The figures for agency social workers given in section b) of the answer are additionalto those permanent employees listed in section a)
2. The figures in section b) cover the total number of agency social workers employed during that year. This would be at various points, and for varying lengths of time, through the year in question. At any one point in time, a lower number of agency social workers would be working for HSSD. For example, the current figure is 18 agency socialworkers

HSSD trusts this helps clarify the position about the proportion of our social workers who are employed through an agency.

13. SENATOR  S.C.  FERGUSON  OF THE  MINISTER  FOR  SOCIAL  SECURITY REGARDING  THE  ACCESS  TO  BENEFITS  ADMINISTERED  BY THE DEPARTMENT OF PEOPLE RETURNING TO JERSEY: [9680]

Question

How many people, having worked in Jersey for 10 years, have subsequently left the Island and returned later in life and now receive benefits administered by the Department (not including the old age pension)? Will the Minister list for the last 5 years the numbers of such people, the countries from which they returned and their nationalities, if this is different?

Answer

All tax-funded benefits now include a residence test as part of the eligibility criteria. The main tax- funded benefit is Income Support. This is available to those who have lived in Jersey for the last five years without a break. It is also available to someone who has previously lived in Jersey for at least ten years, but has then left the Island and subsequently returned. There are additional rules for those who have completed at least 5 years of residence and then left the Island for no more than 5 years.

Time spent in Jersey by a seasonal worker does not count towards these periods. Nor can an individual include time spent under a custodial sentence.

Every  claimant  and  adult  participant  must  pass  the  residence  test  to  receive  income  support benefits. The 2015 Departmental Report (R.104/2016) provides a breakdown of the nationality of working-age Income Support claimants, which is similar to the overall nationality breakdown of all working-age adults registered with Social Security.

Other tax-funded benefits also have 5 and 10 year qualifying periods as follows:

The Social Security Fund provides benefits to people who satisfy specific conditions and have paid Social Security contributions for a required period of time. Mainly to help people when they are less likely to be able to support themselves through employment, including maternity, sickness and old age.

These benefits are not linked directly to a residency period. Contribution conditions vary depending on  the  type  of  benefit  claimed.  In  order  to  qualify  for  a  contributory  benefit, the  minimum contribution requirement is three months contributions paid above the lower earnings threshold, plus contributions paid in the relevant quarter which is dependent on the date of the claim.

Long Term Care benefit is paid from the Long Term Care Fund. This scheme requires 10 years residency immediately before the claim, or 10 years residency continuously as an adult in the past and one year immediately before applying.

The details of the way in which each applicant passed the residency test are included within the written notes made on each claim but each record would need to be checked individually to provide an analysis of the exact nature of their eligibility.

14. DEPUTY G.P. SOUTHERN OF ST. HELIER OF THE MINISTER FOR HEALTH AND SOCIAL SERVICES REGARDING THE FUNDING OF HOME CARE: [9681]

Question

For the years 2015, 2016 and 2017, what funding was allocated for the delivery of the following services?

1. District nursing
2. Sustained home visiting
3. Enablement

4. Rapid response
5. Children's services (Including palliative care)
6. Home care provision

How many applications to the Long-Term Care Scheme (LTC) for home care have been processed since LTC was introduced, through Family Nursing and Home Care (FNHC) or other agencies; and how many applications for home care support are expected on an annual basis under the new Income Support Personal Care Component 4 (IS PCC 4) through FNHC or other agencies?

What differences exist in the assessment methods for applications for home care under LTC, IS PCCs 1 to 3, and the new flexible IS PCC 4?

In light of the above, what assurance can the Minister give to those in receipt of, or applying for home care, that they will receive the appropriate level of support from 1st January 2017?

Answer

"For the years 2015, 2016 and 2017, what funding was allocated for the delivery of the following services?

1. District nursing
2. Sustained home visiting
3. Enablement
4. Rapid response
5. Children's services (Including palliative care)
6. Home care provision"

In the contract meeting on 29th July 2016, it was agreed that the 2017 service specifications would be finalised by 31st October 2016, with the funding to be agreed no later than 30th November 2016.

The 2017 contract would include:

• Full funding of District Nursing service (formula to be agreed)
• Full funding of Children's Services (formula to be agreed)
• No further funding for Homecare services (i.e. no continuation of the subsidy)
• Rapid response and reablement to be funded at 2016 (full year effect) rate of £855,000, adjusted for impact of any additional posts as agreed by Community & Social Services, plus additional posts for mental health services (total budget for service £1,460,000).

"How many applications to the Long-Term Care Scheme (LTC) for home care have been processed since LTC was introduced, through Family Nursing and Home Care (FNHC) or other agencies; and how many applications for home care support are expected on an annual basis under the new Income Support Personal Care Component 4 (IS PCC 4) through FNHC or other agencies?"

275 individuals are currently registered under the long-term care benefit scheme in respect of domiciliary care – care delivered outside a registered care home and typically in the person's own home. Data analysis carried out earlier this year identified just under 50 FNHC clients in receipt of LTC benefits at that point in time. It is not possible to specify the total number of applications originally made in respect of care provided by Family Nursing and Home Care, as approved care packages can change and may also be delivered by more than one provider.

The number of new applications for the proposed flexible personal care component will depend on the number of new clients who choose to make an application for income support following the introduction of the new component. Many FNHC clients already receive income support.

"What differences exist in the assessment methods for applications for home care under LTC, IS PCCs 1 to 3, and the new flexible IS PCC 4?"

The assessment process for the new Income Support flexible Personal Care Component will be based on the same assessment process that is required for packages approved under the Long-Term Care benefit. It will not resemble the existing assessment process for Income Support Personal Care. This new component will only be available in respect of an approved care package, which is agreed by an Approved Registered Person – a senior member of staff in Health & Social Services. This will simplify the process for customers, and make sure that those people who require financial assistance with a care package do not need a further assessment of their care needs.

"In light of the above, what assurance can the Minister give to those in receipt of, or applying for home care, that they will receive the appropriate level of support from 1st January 2017?"

Any individual who requires financial assistance to support their assessed level of need will receive the support required. The outcome of the care assessment will allow support through either Income Support or the Long-Term Care benefit to ensure that individuals access the right care package with the appropriate funding.

I am discussing implementation of the new arrangements with FNHC, which potentially includes considering a later start date to facilitate a safe and smooth transition for existing clients.

15. DEPUTY G.P. SOUTHERN OF ST. HELIER OF THE CHIEF MINISTER REGARDING THE IMPACT OF BREXIT ON JERSEY BANKS: [9682]

Question

What is the risk that the Brexit vote will lead many U.K. banks to consider relocating operations to Europe  in order to maintain their access through  passporting' rights to the E.U.'s  integrated financial system; how does third country equivalence (on which Jersey currently bases its access) compare in terms of access to full passporting' rights; and what is the likelihood that Jersey-based banks will relocate to Europe?

Answer

All banks are expected to review potential risks to their operating models on a regular basis. However, it is unlikely that UK banks will relocate operations currently carried out in Jersey to Europe. Some international banks may be making plans to increase their presence in Europe, while others are looking at consolidating operations and growing their presence in Jersey, particularly where they offer a global service from the island.

Banks in Jersey are either branches or subsidiaries of UK banks or international banks. We expect that any decision for a bank to increase its presence in Europe is not likely to have a significant impact on its presence in Jersey.

Jersey has always been a third country to Europe for the purposes of financial services and this will remain the case after the UK's withdrawal from Europe.

16. DEPUTY M. TADIER OF ST. BRELADE OF THE MINISTER FOR ECONOMIC DEVELOPMENT, TOURISM, SPORT AND CULTURE REGARDING THE PLAY PARK AT LES QUENNEVAIS PLAYING FIELDS: [9683]

Question

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

Answer

Following the installation of the park several meetings were held with parents who had expressed concerns and officials from Childcare registration to consider improvements. No consensus view was provided at the time. The park is used by many children but the Sport Division will be making improvements in April/May of 2017 (weather permitting) by moving some equipment and adding extra equipment to provide more for young people to do whilst using the playpark.

17. DEPUTY M. TADIER OF ST. BRELADE OF THE MINISTER FOR EDUCATION REGARDING MEANS TESTING FOR ACCESS TO THE NURSERY EDUCATION FUND: [9684]

Question

Does the Minister still intend to introduce means-testing for parents accessing the Nursery Education Fund?

Answer Yes.

As Members will be aware from the comments made during the MTFP debate, payments made from the Nursery Education Fund are exceeding the budget by approximately £0.5m. This problem has to be addressed. Savings will be generated by focusing the NEF grant of £3,914 per child on families that need it most and this will make a significant contribution to the Education Department's work to stay within the cash limit set in the MTFP. The NEF grant, which is discretionary rather than statutory, will still be a very significant payment and will still be received by the majority of families.

During the MTFP debate States Members approved an amendment to means test the nursery classes in States schools in the same way as private sector nurseries.

I argued against that amendment because I thought, along with officers and head teachers, that it would damage the coherence and quality of the Island's education system. Whilst my Department and I still take that view, we recognise that the proposition has been approved. As a result, the Education Department and ministerial team will be working with the Early Years Childhood Partnership in the coming weeks to review our early years provision and the implementation of this States decision.

18. DEPUTY  M.R. HIGGINS  OF  ST.  HELIER OF H.M. ATTORNEY  GENERAL REGARDING  THE  ACCOUNTABILITY  AND  LIABILITY  OF CENTENIERS: [9685]

Question

Will H.M. Attorney General advise Members to whom Centeniers are accountable for their actions (a) as Honorary Police Officers and (b) as prosecutors, and will he further advise how, and on whom, legal papers in civil actions may be served on them and those who are liable for them?

Answer

(a) Accountability as honorary police officers

The Attorney General has a supervisory role over the Honorary Police at customary law. This role is confirmed in statute. Article 4(3) of The Honorary Police (Jersey) Law 1974 (the 1974 Law') provides that "the Honorary Police shall be under the general supervision of the Attorney General."

Moreover the Police (Complaints and Discipline) (Jersey) Law 1999 (the 1999 Law') and the Police (Honorary Police Complaints and Discipline Procedure) (Jersey) Regulations 2000 (the 2000 Regulations') made thereunder, made provision among other things for the investigation of complaints about, and the procedures, rights and powers relating to disciplinary charges against, members of the Honorary Police, which of course includes Centeniers.

Under the 2000 Regulations the Attorney General may impose any of the following punishments, that is to say –

1. dismissal from the Honorary Police;
2. requirementto resign from the Honorary Police, as an alternative to dismissal, taking effect either forthwith or on such date as may be specified in the decision;
3. suspension;
4. censure;
5. reprimand.

(b) Accountability as prosecutors

The 1974 Law confirms the power of Centeniers to charge, but "without prejudice to the customary powers of the Attorney General in the prosecution of offences".

Any failures on the part of a Centenier in respect of his or her role as prosecutor will be considered and determined by the Attorney General pursuant to his customary and statutory powers referred to above, having regard to the relevant provisions of the disciplinary code contained in the Schedule to the Police (Honorary Police Complaints and Discipline Procedure (Jersey) Regulations 2000.

Service of legal papers

As to the service of legal papers on a Centenier in civil actions, the rules of service on an individual who is a Centenier are no different from the rules of service on an individual who is not a Centenier, assuming that the right of action claimed is a right of action against that individual in his or her private capacity. If however it is alleged that a tort has been committed by a member of the Honorary Police in performance or purported performance of their functions as members, then Article 22 of the 1974 Law provides that: "The Connétable shall be liable in respect of torts committed by members of the Honorary Police of the Connétable 's parish in performance or purported performance of their functions in the same manner as a master is liable in respect of torts committed by the master's servants in the course of their employment, and shall in respect of any such tort be treated for all purposes as a joint tortfeasor." Where Article 22 is relied upon, therefore, service of any legal proceedings needs to be effected on the Connétable (or, in the case of a vacancy in that office, against the senior officer of the Honorary Police of the parish).

19. DEPUTY M.R. HIGGINS OF ST. HELIER OF H.M. ATTORNEY GENERAL REGARDING THE EMPLOYMENT AND LIABILITY OF CROWN ADVOCATES AND POLICE LEGAL ADVISORS: [9686]

Question

Who is the employer of Crown Advocates and Police Legal Advisers and who is responsible for their actions, and, in respect of civil actions against such individuals, who is liable for their actions and on whom should summonses be served?

Answer

Each Crown Advocate and Police Legal Adviser is a States' employee within the meaning of the Employment of States of Jersey Employees (Jersey) Law 2005 and thus subject to codes of practice under that Law concerning, among other things, the procedures for disciplining, suspending and terminating the employment of States' employees. They are also subject to the Law Officers' Department Code of conduct for lawyers, the general purpose of which is to provide the requirements for working as a lawyer in the Law Officers' Department and the rules and standards applicable to such lawyers which are appropriate in the interests of justice and in relation to the performance of all their duties as public officers. The Code is published (http://www.gov.je/SiteCollectionDocuments/Government%20and%20administration/LD%20Code %20of%20Conduct%20for%20lawyers%2020160805%20ALS.pdf) and applies to all lawyers in the Department (including Crown Advocates and Police Legal Advisers) and any breach of the Code will be treated as a matter of discipline.

In relation to civil actions against any such individual, much will depend upon what, precisely, is alleged. If the facts alleged were such that the remedy sought was against that individual, a summons in any proceedings would have to be served on that individual. If the facts alleged were such that a remedy was sought against that individual's employer (on the basis of the employer's vicarious liability), then service would have to be effected on the employer, namely, the States' Employment Board under the said Law. Again the facts alleged might result in a remedy being sought against the Attorney General in which case service would have to be effected on the Attorney General.

20. DEPUTY M.R. HIGGINS OF ST. HELIER OF H.M. ATTORNEY GENERAL REGARDING MEASURES TAKEN BY THE LAW OFFICERS' DEPARTMENT TO ENSURE THE TIMELINESS OF PROVISION OF INFORMATION AND RECORDS: [9687]

Question

What measures, if any, are in place within the Law Officers' Department to ensure the timely provision of information and records to advocates and members of the public in cases where a claim has been made against a Government Department, and how do these measures ensure that such claims do not become time-barred'?

Answer

The general purpose of the Law Officers' Department Code of conduct for lawyers is "to provide the requirements for working as a lawyer in the Law Officers' Department and the rules and standards applicable to such lawyers which are appropriate in the interests of justice and in relation to the performance of all their duties as public officers". Among the requirements of the Code are that a lawyer must not engage in conduct whether in pursuit of his/her profession or otherwise which is (among other things) prejudicial to the administration of Justice or liable to bring the Department into disrepute. The Code applies to all lawyers in the Department and any breach of the Code is treated as a matter of discipline. Any deliberate, or negligent, omission to ensure the timely provision of information and records in cases where a claim has been made against a Government Department (or any other claim) would therefore be treated as a matter of discipline.

At all events the Deputy is referred to the answer to his question (9663) of 11th October 2016 to the Attorney General. If the Court were to find that the delay in the provision of certain information created a practical impossibility of bringing a certain claim, that claim would not be time-barred in

any event. If on the other hand it did not create such a practical impossibility, the claim would be time-barred because it would not have been the absence of the information that had prevented the claim from being brought.

21. DEPUTY M.R. HIGGINS OF ST. HELIER OF THE CHIEF MINISTER REGARDING THE PUBLICATION OF A DOCUMENT TO INFORM THE PUBLIC ON WHOM SUMMONS MAY BE SERVED: [9688]

Question

Will the Chief Minister publish on the internet a document showing on whom summonses may be served in the event of a civil lawsuit being served on a Department, members of the Honorary Police acting in their policing and prosecutor functions, States-owned companies and other government bodies?

Answer

Service on a Department/Minister

A Department as such will not be sued because it does not possess legal personality; the relevant Minister will be the defendant. In this respect the States of Jersey (Proper Addresses for Ministers) (Jersey) Order 2014 exists and is available on the Jersey Legal Information Board website:

https://www.jerseylaw.je/laws/revised/Pages/16.800.27.aspx

Service on members of the Honorary Police acting in their policing and prosecutor functions

If it is alleged that a tort has been committed by a member of the Honorary Police in performance or purported performance of their functions as members, then Article 22 of the Honorary Police (Jersey) Law 1974 provides that: "The Connétable shall be liable in respect of torts committed by members of the Honorary Police of the Connétable 's parish in performance or purported performance of their functions in the same manner as a master is liable in respect of torts committed by the master's servants in the course of their employment, and shall in respect of any such tort be treated for all purposes as a joint tortfeasor."

Where Article 22 is relied upon, therefore, service of any legal proceedings needs to be effected on the Connétable (or, in the case of a vacancy in that office, against the senior officer of the Honorary Police of the parish).

Service on States-owned companies and other government bodies

Service on any company is effected by serving the document at its proper address i.e. its registered or principal office, which is a matter of public record through the companies' registry.

It is not possible to comment on the position of other government bodies' without knowing which bodies the Deputy has in mind. They may not be bodies that have the necessary legal personality to be sued/served.

22. DEPUTY M.R. HIGGINS OF ST. HELIER OF THE CHIEF MINISTER REGARDING THE DEFENCE OF DEFAMATORY STATEMENTS: [9689]

Question

Further to the responses given on 22nd March 2016, would the Chief Minister advise whether, in instances where States employees are sued by a member of the public on the grounds that the member of the public has been defamed in statements made by the employee in correspondence or records, the employees' defence costs are paid out of the public purse or by the individual employee; and what steps, if any, has the Chief Minister taken, or will take, to ensure that States employees do not write or make defamatory statements about members of the public?

Answer

There is no definitive rule about liability for costs "in instances where States employees are sued by a member of  the public on the grounds that  the member of  the public has been defamed in statements made by the employee in correspondence or records". The award of costs against one party or the other will depend upon whether the court upholds the allegation or allegations made in whole or in part, or dismisses the claim in whole or in part, and potentially on the respective conduct of the parties to the relevant proceedings irrespective of whether or not the claim was upheld.

There is equally no definitive rule as to whether or not an employee of the States will be indemnified by the States in respect of his or her costs of defending civil proceedings (whether for defamation or any other type of action). There may be circumstances in which it would be appropriate to indemnify the employee in whole or in part; there may be cases in which it would be inappropriate to do so at all. It will depend upon what precisely is alleged to have been stated and the particular circumstances in which any statement, correspondence or record came to be uttered or written.

If an allegation is substantiated that an employee of the States has written or made defamatory statements about members of the public (or indeed has been engaged in any other form of misconduct), as the employee is subject to the codes of practice under the Employment of States of Jersey Employees (Jersey) Law 2005, he or she, depending on the circumstances in which any such statement etc. was made (or in which any other misconduct took place), may be liable to the procedures for discipline or, ultimately, for suspending or terminating his or her employment.

3. Oral Questions

3.1 Deputy M. Tadier of St. Brelade of the Minister for Education regarding consultation on plans to reduce Newly Qualified Teachers' salaries: [9697]

Will the Minister advise what consultation and negotiations, if any, have taken place with teachers and their representatives in the last month over plans to reduce Newly Qualified Teachers' salaries, and will he state whether the profession has been supportive of those plans?

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

I think Members will remember that with regard to negotiations I, as a Minister, do not play any part in those negotiations. Those negotiations will be with the States Employment Board, with union officials and with senior colleagues, senior officers, of the department. Since the Assembly last met we have had no formal negotiations and no formal conversations. We do meet regularly with the unions. Last time we met was just after the last Assembly and they voiced concerns quite robustly. Since that point I have met informally with teachers both on-Island and off-Island. All but one of the teachers on-Island said they understand what I was trying to do. For the teachers off- Island, they said they were really surprised at the level of pay that we were paying.

1. Deputy M. Tadier :

I thank the Minister for the answer which is basically a no, but I am sure negotiations will happen in due course. Will he answer perhaps again the second part of the question? Is the profession in Jersey supportive of the plans that the Minister is putting forward, does he think?

Deputy R.G. Bryans:

Like I said, I have met with some teachers. It has only been a short while. It has only been 3 weeks since the Assembly last met. Obviously we had a half term during that period. So I have not met with that many teachers but, like I say, all of the ones that I have met, except one, who did equally voice his concerns similar to that of the union, said they understood what I was trying to do.

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

Does the Minister not consider that such an issue as our pay rate scales of Jersey teachers are a matter of some urgency in order to be settled so that bodies can move on to discuss the restructuring of the profession in Jersey?

Deputy R.G. Bryans:

Yes, I understand the Deputy is concerned about urgency but, as I say, this is out of my hands now. This will be with the States Employment Board. They have their own timetable with regard to these negotiations. Again it will be with officers and it will be with union members.

3. Deputy M. Tadier :

What would the Minister say to the daughter of one of my constituents who recently left a relatively high paid job, certainly higher than that of a new qualified teacher or even an existing teacher, to retrain as a teacher to come back to Jersey only to find out that perhaps in 2 years' time her starting salary will be reduced by some £8,000? Does the Minister think that the reality for many of these students needs to form part of the negotiations that will be ongoing between both his department and the States Employment Board?

Deputy R.G. Bryans:

I think if this particular student were to come back she would still be delighted at the consideration. The amount that we will be paying would be considerably more than inner city London, more than Guernsey. If she was an N.Q.T. (newly qualified teacher) staying in the U.K. (United Kingdom) she would be on an income considerably less.

Deputy G.P. Southern :

Sir, I believe again the Minister has misled the House. The Deputy Bailiff :

Sorry, you must mean presumably unintentionally misled the House, which is what I assume you would mean, but the Minister's answer is the Minister's answer. It can be dealt with in questions later on, but it cannot be dealt with in this way.

[9:45]

3.2. Deputy K.C. Lewis of St. Saviour of the Minister for Treasury and Resources regarding the post office at Five Oaks: [9692]

Further to the announcement that the post office at Five Oaks may be closed, what steps is the Minister taking to ensure that a post office is maintained in the area?

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

rapporteur):

Neither the Minister for Treasury and Resources nor I have an operational role to play in the ongoing business of Jersey Post. While it is acknowledged that it is a wholly-owned incorporated entity of the States of Jersey it has its own board of directors approved by this Assembly that provide operational projections to its executive. Therefore, as Members would expect, a matter of providing a post office in Five Oaks is purely a matter for Jersey Post. However, to assist the good Deputy I can assure him that Jersey Post are conscious that the post office at Five Oaks is very much part of the community and are very disappointed that the service can no longer continue within its current location. The decision to close the existing post office has resulted from the current leaseholder choosing not to renew their lease on the property and at very short notice, rather than Jersey Post electing to discontinue that service. In conclusion, we are advised by and are confident that Jersey Post is taking all appropriate and urgent action to try and find an acceptable alternative solution.

3.2.1 Deputy K.C. Lewis :

I have had communication from the chief executive of Jersey Post, for which I am most grateful; also the Constable of St. Saviour has been very active in this regard. But does the Assistant Minister not agree that a post office at Five Oaks servicing Victoria Cottage homes, the new Langtry Gardens estate and the whole surrounding area is a vital service for the area?

The Connétable of St. Peter :

Certainly. The Minister for Treasury and Resources and I are very conscious of that concern, as are Jersey Post. They have been, within days of being notified, out talking to many businesses in the Five Oaks area in the hope that one may even take over the service on a temporary basis, particularly as we are now approaching the busiest part of the year for Jersey Post and would have potentially a negative effect on their business. They are extremely focused in finding a solution, even if it is only a temporary one in the short term,

3. Deputy S.Y. Mézec of St. Helier of the Minister for Health and Social Services regarding meetings held with representatives of workers affected by funding cuts to Family Nursing and Home Care: [9694]

What meetings, if any, has the Minister had with the representatives of the workers who will be affected by his decision to cut funding for Family Nursing and Home Care?

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

I have not had any meetings with the representatives of the workers affected, nor would it be appropriate for me to do so. I have said previously, decisions about services and staffing arrangements are a matter and properly a matter for Family Nursing and Home Care.

1. Deputy S.Y. Mézec :

But of course the decisions he make will  have a real tangible effect on the service that this organisation provides, a service that is valued by virtually everybody in this community but most importantly, those workers and their representatives want to meet with the Minister to talk about this. Simply out of courtesy, would it not be a good idea to get round the table and just have a chat with them about it or is that honestly beyond his abilities to somehow muster?

Senator A.K.F. Green:

There is only one point I agree with the Deputy with in his question, that the Family Nursing services are essential, they are valued and they are much loved in this Island. We are working with Family Nursing to modernise the service and it is a challenge for them but they are taking that role seriously. The Unite official asked me to meet to discuss it and I stand by what I said originally. However, he also said to me that I had made different comments; different or contrary to those

made by Family Nursing. I did offer to answer any questions he put to me on the clear understanding that I would reply to him and copy it to Family Nursing. We are not in a dispute with Family Nursing. Family Nursing and I are working together to improve services, to provide better services to change the way things are done going into the future.

2. Deputy G.P. Southern :

Does the Minister believe that the prospect of major changes to terms and conditions in Family Nursing and Home Care is a serious concern and worry to the employees in that particular organisation, and does he consider that changes in terms of conditions may well affect the safe practices and good quality of practice that currently exist within Family Nursing and Home Care?

Senator A.K.F. Green:

Dealing with the last part of the question first. No, I do not consider changes in terms and conditions to put at risk patients. That is what the Deputy is, in essence, asking me. The services are properly regulated and controlled. We are about to appoint a Care Commissioner, so I am comfortable in that respect. But managing change is always difficult. Family Nursing are facing up to the challenge that they have to. Of course it is difficult for the staff. The services are much valued. The staff are much valued. But they have to be allowed to work their way through the solution. I might add, that I met on Friday with the chief executive and the chairman of Family Nursing. We had an excellent meeting. We have agreed though that they might need a little longer to manage the change they are having to go through. So I have agreed that we will not seek to make any change until July next year.

3. Deputy K.C. Lewis :

Does the Minister not agree that Family Nursing and Home Care provide an absolutely essential service with regards to care in the community? Will he not also agree that things regarding privatisation, for want of a better word, is happening in the U.K. where things are going south at a rate of knots and that we must not let this happen in Jersey?

Senator A.K.F. Green:

I totally agree with the Member. That is why we are fully funding district nursing. Fully funding health visiting. Fully funding reablement. Fulling funding rapid response. Fully funding Children's Services, including a new palliative care service. When the budget is worked out, Family Nursing will have a figure very similar to the one they have currently got. The only change will be around home care, which I am not going to continue to pay way over market rate for that service. Family Nursing are an excellent organisation but they are trying to take their service through modernisation to meet the needs of an ageing population and I am supporting them fully in that role.