States Meeting Transcript - 24th May 2016

STATES OF JERSEY OFFICIAL REPORT TUESDAY, 24th MAY 2016

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

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

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

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

1. DEPUTY S.Y. MÉZEC OF ST. HELIER OF THE MINISTER FOR TREASURY AND RESOURCES REGARDING FINANCING OPTIONS FOR HEALTH AND SOCIAL SERVICES IN JERSEY:................................................................7
2. DEPUTY S.Y. MÉZEC OF ST. HELIER OF THE MINISTER FOR TREASURY AND RESOURCES REGARDING HIGHER EDUCATION FUNDING:.....................7
3. DEPUTY S.Y. MÉZEC OF ST. HELIER OF THE MINISTER FOR SOCIAL SECURITY REGARDING THE SOCIAL SECURITY CONTRIBUTIONS MADE BY THE SELF-EMPLOYED:...............................................................8
4. DEPUTY G. P. SOUTHERN OF ST. HELIER OF THE CHIEF MINISTER REGARDING INFORMATION REQUESTED FROM FINANCIAL SERVICES FIRMS BY THE JERSEY FINANCIAL SERVICES COMMISSION FOLLOWING THE RELEASE OF THE PANAMA PAPERS':........................................9
5. DEPUTY M.R. HIGGINS OF ST. HELIER OF THE MINISTER FOR HOME AFFAIRS REGARDING THE PROVISION OF BODY-WORN CAMERAS TO OPERATIONAL OFFICERS:..........................................................10
6. DEPUTY M.R. HIGGINS OF ST. HELIER OF THE CHIEF MINISTER REGARDING THE ANNUAL RESIDENT POPULATION ESTIMATES: ...........................11
7. DEPUTY M.R. HIGGINS OF ST. HELIER OF THE MINISTER FOR HEALTH AND SOCIAL SERVICES REGARDING THE EMPLOYMENT OF SOCIAL WORKERS: .........................................................................................12
8. DEPUTY M.R. HIGGINS OF ST. HELIER OF THE MINISTER FOR HEALTH AND SOCIAL SERVICES REGARDING OFF-ISLAND PLACEMENTS:..................16
9. DEPUTY G.P. SOUTHERN OF ST. HELIER OF THE MINISTER FOR EDUCATION

REGARDING WORKPLACE STRESS EXPERIENCED BY TEACHING STAFF:..17

10. DEPUTY M. TADIER OF ST. BRELADE OF THE MINISTER FOR EDUCATION REGARDING TELECOMMUNICATION DEVICES PLACED ON SCHOOL BUILDINGS:..........................................................................18
11. DEPUTY M. TADIER OF ST. BRELADE OF THE MINISTER FOR HOUSING REGARDING THE CHARGING OF FEES BY LETTING AGENTS:................18

12. DEPUTY M. TADIER OF ST. BRELADE OF THE CHAIRMAN COMITÉ DES CONNÉTABLES REGARDING CONSULTATION WITH THE DEPARTMENT FOR INFRADTRUCTURE REGARDING THE MAINTENANCE OF PARKS AND GARDENS:............................................................................19

13. DEPUTY M. TADIER OF ST. BRELADE OF THE MINISTER FOR TREASURY AND RESOURCES REGARDING THE FEASIBILITY OF INTRODUCING TAXES ON SECOND HOMES AND EMPTY PROPERTIES:.................................19
14. DEPUTY G.P. SOUTHERN OF ST. HELIER OF THE CHIEF MINISTER REGARDING THE OUTCOME OF THE U.K. ANTI-CORRUPTION SUMMIT:....20
15. DEPUTY G.P. SOUTHERN OF ST. HELIER OF THE MINISTER FOR HEALTH AND SOCIAL SERVICES REGARDING MEASURES TO REDUCE, CEASE AND OUTSOURCE SERVICES:............................................................21
16. DEPUTY G.P. SOUTHERN OF ST. HELIER OF THE MINISTER FOR HOME AFFAIRS REGARDING MEASURES TO REDUCE, CEASE OR OUTSOURCE SERVICES:............................................................................21
17. THE DEPUTY OF ST. JOHN OF THE CHIEF MINISTER REGARDING THE STRUCTURE OF THE INFORMATION SERVICES DEPARTMENT:..............22
18. THE DEPUTY OF ST. JOHN OF THE MINISTER FOR TREASURY AND RESOURCES REGARDING THE INSTALLATION BY J.T. OF FIBRE OPTIC BROADBAND: ........................................................................23

3. Oral Questions...........................................................................23

1. Deputy K.C. Lewis of St. Saviour of the Minister for Health and Social Services regarding the payment of medical bills by former residents of The Limes Nursing Home: ....................................................................................23

Senator A.K.F. Green (The Minister for Health and Social Services):........................23

1. Deputy K.C. Lewis :....................................................................23

2. Deputy J.A. Hilton of St. Helier:........................................................24
3. Deputy J.A. Hilton:.....................................................................24
4. Deputy J.A.N. Le Fondré of St. Lawrence : .............................................24
5. Deputy J.A.N. Le Fondré:..............................................................24
6. Deputy J.A.N. Le Fondré:..............................................................24
7. Deputy R. Labey of St. Helier:..........................................................25
8. Deputy J.A. Hilton:.....................................................................25
9. Deputy R.J. Rondel of St. Helier:.......................................................25
10. Deputy K.C. Lewis : .................................................................25

2. Deputy G.P. Southern of St. Helier of the Minister for Infrastructure regarding reductions in staffing levels in cleaning and gardening services:......................26

Deputy E.J. Noel of St. Lawrence (The Minister for Infrastructure):..........................26

1. Deputy G.P. Southern :..................................................................26
2. Deputy S.Y. Mézec of St. Helier:.......................................................26
3. Deputy M. Tadier of St. Brelade:.......................................................27
4. Deputy M. Tadier :......................................................................27
5. Deputy J.A. Hilton:.....................................................................27

6. Deputy K.C. Lewis :....................................................................27
7. Deputy G.P. Southern :..................................................................28

3. Connétable C.H. Taylor of St. John of the Minister for Home Affairs regarding training received by the States of Jersey Police about the Honorary Police:..........28

Deputy K.L. Moore of St. Peter (The Minister for Home Affairs):............................29

4. Deputy M.R. Higgins of St. Helier of the Minister for Health and Social Services regarding action being taken to help people who suffer from drug addiction: ........29

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

1. Deputy M.R.Higgins:..................................................................29
2. Deputy M. Tadier :......................................................................30
3. Deputy M. Tadier :......................................................................30
4. Deputy M.R.Higgins:..................................................................30

5. Deputy R. Labey of St. Helier of the Minister for the Environment regarding the application of opaque film to the glazed west elevation windows of the new Police Headquarters: ...........................................................................30

Deputy S.G. Luce of St. Martin (The Minister for Environment): ............................31

1. Deputy R. Labey : ......................................................................31
2. Deputy R. Labey : ......................................................................31

6. Deputy S.Y. Mézec of St. Helier of the Minister for Education regarding the imposition of a pay award for Jersey's teachers:.......................................32

Connétable S.W. Pallett of St. Brelade (Assistant Minister for Education - rapporteur):......32

1. Deputy S.Y. Mézec :....................................................................32
2. Deputy M. Tadier :......................................................................33
3. Deputy M. Tadier :......................................................................33
4. Deputy A.D. Lewis of St. Helier:.......................................................33
5. Deputy A.D. Lewis :....................................................................34
6. Deputy L.M.C. Doublet of St. Saviour:.................................................34
7. Deputy L.M.C. Doublet :................................................................34

8. Deputy G.P. Southern :..................................................................35
9. Deputy G.P. Southern :..................................................................35
10. Deputy J.M. Maçon of St. Saviour : ..................................................35
11. Deputy S.Y. Mézec :.................................................................35

7. Deputy A.D. Lewis of St. Helier of the Minister for Education regarding the criteria upon which the default rate for a new student loan scheme had been based:.........36

The Connétable of St. Brelade (Assistant Minister for Education - rapporteur): ..............36

1. Deputy A.D. Lewis :....................................................................36
2. Connétable J. Gallichan of St. Mary : ...................................................36
3. Deputy M. Tadier :......................................................................37
4. Deputy M. Tadier :......................................................................37
5. Deputy L.M.C. Doublet :................................................................38
6. Deputy G.P. Southern :..................................................................38
7. Deputy A.D. Lewis :....................................................................38

8. Deputy S.Y. Mézec of St. Helier of the Minister for Infrastructure regarding residential properties held by Jersey Property Holdings:..............................39

Deputy E.J. Noel (The Minister for Infrastructure):...........................................39

1. Deputy S.Y. Mézec :....................................................................39
2. Deputy A.D. Lewis :....................................................................40
3. Deputy J.A. Hilton:.....................................................................40
4. Deputy J.A. Hilton:.....................................................................40
5. Deputy G.P. Southern :..................................................................40
6. Deputy G.P. Southern :..................................................................41

7. Deputy M.R.Higgins:..................................................................41
8. Deputy M.R.Higgins:..................................................................41
9. Deputy M. Tadier :......................................................................41
10. Deputy M. Tadier :...................................................................41
11. Deputy S.Y. Mézec :.................................................................42

9. Deputy G.P. Southern of St. Helier of the Minister for Health and Social Services regarding the outsourcing of services currently delivered by Health Department staff: ...........................................................................................43

Senator A.K.F. Green (The Minister for Health and Social Services):........................43

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

10. Deputy M.R. Higgins of St. Helier of the Minister for Home Affairs regarding the assessment of the effect of the use of body-worn cameras on the prevention of instances of false arrest:.................................................................44

The Deputy of St. Peter (The Minister for Home Affairs): ....................................44

1. Deputy M.R.Higgins:...............................................................44
2. Deputy M. Tadier :...................................................................45
3. Deputy M.R.Higgins:...............................................................45

11. Deputy R. Labey of St. Helier of the Minister for Home Affairs regarding accommodation for sex offenders:......................................................46

The Deputy of St. Peter (The Minister for Home Affairs): ....................................46 3.11.1 Deputy R. Labey :....................................................................46

4. Questions to Ministers without notice - The Minister for Home Affairs ..............46

1. The Connétable of St. Mary:............................................................47 The Deputy of St. Peter (The Minister for Home Affairs): ....................................47

1. The Connétable of St. Mary:............................................................47
   2. Deputy M.R.Higgins:..................................................................47

4.2.1 Deputy M.R. Higgins:..................................................................47

3. Deputy L.M.C. Doublet :................................................................47
4. Deputy A.D. Lewis :....................................................................48

4.4.1 Deputy A.D. Lewis :....................................................................48

5. Deputy G.P. Southern :..................................................................48

4.5.1 Deputy G.P. Southern :..................................................................48

6. Deputy P.D. McLinton of St. Saviour:..................................................49
7. Deputy J.M. Maçon:....................................................................49
8. Deputy M. Tadier :......................................................................50

4.8.1 Deputy M. Tadier :......................................................................50

9. Deputy G.P. Southern :..................................................................50

4.9.1 Deputy G.P. Southern :..................................................................51

5. Questions to Ministers without notice - The Chief Minister............................51

1. Deputy G.P. Southern :..................................................................51 Senator I.J. Gorst (The Chief Minister):......................................................51

1. Deputy G.P. Southern :..................................................................51
   2. Connétable J.E. Le Maistre of Grouville :...............................................51

5.2.1 The Connétable of Grouville :...........................................................52

3. Deputy L.M.C. Doublet :................................................................52

5.3.1 Deputy L.M.C. Doublet :................................................................52

4. Deputy J.A.N. Le Fondré:..............................................................52
5. Deputy M.R.Higgins:..................................................................53
6. Deputy S.Y. Mézec :....................................................................53

5.6.1 Deputy S.Y. Mézec :....................................................................53

7. Deputy J.M. Maçon:....................................................................53

5.7.1 Deputy J.M. Maçon:....................................................................54

8. Deputy A.D. Lewis :....................................................................54
9. Deputy M. Tadier :......................................................................54

5.9.1 Deputy M. Tadier :......................................................................55

PUBLIC BUSINESS.............................................................................55

6. Outsourcing (P.29/2016).................................................................55

6.1 Deputy G.P. Southern :..................................................................55

1. Connétable M.P.S. Le Troquer of St. Martin:...........................................58
2. Senator A.J.H. Maclean:................................................................59
3. Deputy P.D. McLinton: ................................................................61
4. Deputy M. Tadier :......................................................................62
5. Senator P.M. Bailhache : ................................................................64
6. Senator Z.A. Cameron:.................................................................65
7. Connétable A.S. Crowcroft of St. Helier:...............................................65
8. Deputy J.A. Martin of St. Helier:.......................................................66
9. Connétable S.A. Le Sueur -Rennard of St. Saviour:.....................................68
10. Deputy S.M. Brée of St. Clement:...................................................68

LUNCHEON ADJOURNMENT PROPOSED..................................................69 LUNCHEON ADJOURNMENT................................................................70

11. The Connétable of St. John : .........................................................70
12. Deputy E.J. Noel:....................................................................71
13. Deputy S.Y. Mézec :.................................................................74
14. Deputy M.R.Higgins:...............................................................76
15. Deputy K.C. Lewis : .................................................................77
16. Senator I.J. Gorst : ...................................................................77
17. Deputy G.P. Southern : ..............................................................78

7. Draft Financial Regulation (Miscellaneous Provisions No. 4) (Jersey) Law 201- (P.30/2016)...............................................................................81

1. Senator P.F.C. Ozouf (Assistant Chief Minister - rapporteur):..........................82
2. Senator P.F.C. Ozouf :..................................................................84
3. Senator P.F.C. Ozouf :..................................................................84

8. Draft Criminal Justice (Young Offenders) (No. 2) (Jersey) Law 201- (P.33/2016)....84

1. The Deputy of St. Peter (The Minister for Home Affairs): ..............................84

1. Deputy L.M.C. Doublet :................................................................87
2. Deputy A.D. Lewis :....................................................................87
3. Senator Z.A. Cameron:.................................................................87

4. The Deputy of St. Peter : ................................................................87 Mr. M.H. Temple Q.C., H.M. Solicitor General:..............................................88

2. The Deputy of St. Peter : ................................................................90

1. Deputy L.M.C. Doublet :................................................................90 The Solicitor General:........................................................................90
2. The Deputy of St. Peter : ................................................................90

9. Draft Licensing (No. 18) (Jersey) Regulations 201- (P.34/2016)........................91

9.1 The Connétable of St. Brelade (Assistant Minister for Economic Development, Tourism and Culture - rapporteur):..............................................................92

1. The Connétable of St. Martin:..........................................................92
2. Deputy M. Tadier :......................................................................94
3. Senator P.F.C. Ozouf :..................................................................95
4. Deputy A.D. Lewis :....................................................................95
5. The Connétable of St. Brelade:.........................................................96

10. Draft Discrimination (Age) (Jersey) Regulations 201- (P.37/2016)....................98

1. Deputy S.J. Pinel of St. Clement (The Minister for Social Security):....................99

1. The Connétable of St. John : ........................................................100
2. Deputy M. Tadier :..................................................................101
3. The Connétable of St. Saviour:.....................................................104
4. Deputy G.P. Southern : .............................................................104
5. Deputy J.M. Maçon:................................................................104
6. The Connétable of Grouville :......................................................104
7. Deputy S.J. Pinel:..................................................................105

2. Deputy S.J. Pinel:.....................................................................106

1. Deputy M. Tadier :..................................................................107
2. Deputy S.J. Pinel:..................................................................107
   3. Deputy S.J. Pinel:.....................................................................108

11. Draft Employment (Amendment No. 10) (Jersey) Law 201- (P.38/2016).............109

1. Deputy S.J. Pinel (The Minister for Social Security):..................................109
2. Deputy S.J. Pinel:.....................................................................110

1. Deputy G.P. Southern : .............................................................111
2. Deputy S.J. Pinel:..................................................................111
   3. Deputy S.J.Pinel:.....................................................................112

4. Draft Employment (Amendment No. 10) (Jersey) Law 201- (P.38/2016): amendment (P.38/2016)..............................................................................112

ADJOURNMENT..............................................................................113

[9:30]

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

1. The Deputy Bailiff :

There are no announcements from the Chair.

QUESTIONS

2. Written Questions

1. DEPUTY S.Y. MÉZEC OF ST. HELIER OF THE MINISTER FOR TREASURY AND RESOURCES REGARDING FINANCING OPTIONS FOR HEALTH AND SOCIAL SERVICES IN JERSEY:

Question

Further to the Minister's answer to written question 9421 on 10th May 2016, in which he stated that "in 2011 the Treasury sought external advice regarding the financing options for health and social services in Jersey; this advice cost £71,500", could the Minister confirm what financing options were contained in this external advice and whether the prospect of introducing a new health tax was considered at that time?

Would the Minister publish that advice? Answer

The external advice provided a comprehensive overview of the financing options for health and social services in Jersey; including:

- A summary of the objectives and goals of a health financing system as outlined by the World Health Organisation and the Council of the European Union;

- Identification of the issues that need to be considered by policymakers;

- Analysis of the approach to health financing adopted in a number of other countries;

- Analysis of the following sources of funding: mandated social insurance contributions, medical savings accounts, voluntary private insurance, out of pocket payments and taxes (noting that no country reviewed in the advice adopts a single source of funding approach);

- Provision of a recommended approach to the broad funding of health and social services in Jersey.

The advice currently remains in draft form. The Minister will seek permission from the advisor to publish the report.

2. DEPUTYS.Y.MÉZECOFST. HELIER OF THE MINISTER FOR TREASURY AND RESOURCES REGARDING HIGHER EDUCATION FUNDING:

Question

Following the publication of R.51/2016 "Higher Education Funding" which confirmed that the government would not pursue the implementation of a more comprehensive student loan scheme, has the Minister considered assisting students who have benefited from a private student loan by making student loan repayments tax deductible?

How much tax revenue does the Minister estimate would be lost by making such a change? Answer

The Minister has not considered making student loan repayments tax deductible for Jersey income tax purposes.

Significant support is already provided through the income tax system to taxpayers with children in higher education through the provision of the higher child allowance ("HCA"). To a marginal rate taxpayer the HCA is worth up to £2,340 per annum (£9,000 @ 26%); to a standard rate taxpayer the HCA is worth up to £1,200 per annum (£6,000 @ 20%). Due to the way in which the HCA is given four years of allowances are available in respect of a three year degree course; meaning that over the four period the maximum tax saving is £9,360 for a marginal rate taxpayer and £4,800 for a standard rate taxpayer. The cost of the HCA is approximately  £3.5  million  a  year.  Single  parents  are  also  entitled  to  receive  the  additional  personal allowance (APA) of £4,500 (worth £1,170 @ 26%) whilst they have a child in higher education.

Having liaised with the Education Department, neither the Taxes Office nor the Education Department collects the data that would allow the Minister to estimate the amount of tax revenue that would be lost by making all student loan repayments tax deductible. The only data available relates to the States-guaranteed student loans scheme, operated through a local bank. This means there would be logistical difficulties in considering a proposal such as that put forward by the Deputy which could, for example, include loans from family members where verification of entitlement to tax allowances would be very difficult.

The Minister will continue to liaise with the Education Minister and review viable options.

3. DEPUTY  S.Y. MÉZEC  OF ST.  HELIER  OF  THE  MINISTER  FOR  SOCIAL

SECURITY REGARDING THE SOCIAL SECURITY CONTRIBUTIONS MADE BY THE SELF-EMPLOYED:

Question

Could the Minister provide the number of people who were registered with her department as being self- employed each year for the past 5 years, as well as how much was raised in Class 2 Social Security contributions for each of those years?

Answer

The Social Security system requires working age adults to be registered as either class one or class two and to pay contributions accordingly. An individual is registered as class one if they are employed for eight hours or more a week. All other groups of working age people are registered as class two. This includes individuals who are self-employed, but also other groups such as individuals who have a private income, people who have retired and other people who are not working. Some individuals with no or a very low income can apply to be exempted from making class two contributions.

The number of individuals registered as class two and paying contributions over the last five years is shown in the table below. This provides the detail of the number of people who made class two contributions for every month throughout the whole of the year in question, and an additional number who made class 2 contributions for some months but not all of that year. For example, this would include an individual who moved from employment into self-employment during the year.

The contributions collected from this group are published each year in the departmental annual report and are shown in the second table.

Note: contributions above the Standard Earnings Limit (SEL) were introduced in 2012. The figures for 2015 will be published as part of the 2015 Annual Report.

A major review of the sustainability of the Social Security Fund is currently in the planning stage and a public consultation is scheduled for later this year. As part of the review we will be looking at the level of contributions paid by the self-employed. The full review will last several years but the section on self- employed contributions will be one of the first areas to be examined in detail.

4. DEPUTY  G. P.  SOUTHERN  OF  ST.  HELIER  OF THE  CHIEF  MINISTER REGARDING  INFORMATION  REQUESTED  FROM  FINANCIAL  SERVICES FIRMS BY THE JERSEY FINANCIAL SERVICES COMMISSION FOLLOWING THE RELEASE OF THE PANAMA PAPERS':

Question

Further to the announcement by the Jersey Financial Services Commission (JFSC) on 10th May 2016 that it had sent out a structured request for information from financial services firms regulated by the JFSC in order to be as fully sighted as possible on material connections to Jersey following the release of the Panama Papers', will the Chief Minister undertake to provide members with a summary of the responses the Jersey Financial Services Commission receives to each of the five questions contained in the request?

Answer

Information received by the Jersey Financial Services Commission ("the Commission") by carrying out its regulatory functions is restricted in its further disclosure by the provisions of the Financial Services (Jersey) Law 1998 (the "Financial Services Law").

Article 37 of the Financial Services Law deals with limiting disclosure (by the Commission) of information received about persons conducting financial services in Jersey. It is set out in the following terms –

"37 Restricted information

1. Subject to paragraph (2) and to Article 38, a person who receives information relating to the business or other affairs of any person –

1. under or for the purposes of this Law; or
2. directly or indirectly from a person who has so received it,

shall be guilty of an offence and liable to imprisonment for a term not exceeding 2 years or a fine, or both, if he or she discloses the information without the consent of the person to whom it relates and (where sub-paragraph (b) applies) the person from whom it was received.

2. This Article does not apply to information which at the time of the disclosure is or has already been made available to the public from other sources,or to information in the form of a summary or collection of information so framed as not to enable information relating to any particular person to be ascertained from it."

The Commission cannot therefore be expected to disclose information that is disclosed to them from regulated financial services firms concerning material connections to Jersey following the release of the Panama Papers' without the exercise of the greatest possible care to ensure its staff do not in any way risk committing an offence under the Financial Services Law. This would largely apply to any summary of such responses such as that requested by Deputy Southern although it may be possible for some broad trend aggregate data to be presented that give an indication of the overall findings of the exercise.

The Comments of the Council of Ministers concerning P42/2016 – Financial institutions registered in Jersey: links to Panamanian legal firm Mossack Fonseca' (also lodged by Deputy Southern ) outline the importance of the independence of the regulator in relation to international standards and the difficulties in relation to disclosure of confidential restricted information passed to the Regulator.

The working relationship between the Government and the Commission is particularly strong and the JFSC is required to raise with Government, as appropriate and pursuant to its statutory responsibility, any relevant financial services matter or any trends emerging that may affect the reputation of the Island. In this regard, senior representative of the Government, the Commission and Jersey Finance meet on a monthly basis and this meeting is an appropriate forum for consideration of risks that may affect the reputation of the island, which would include any relevant maters arising from the Panama Papers.

The Commission should therefore be permitted to carry out its regulatory functions as per its statutory duty without undue interference by or disclosure to external sources, which includes the Government and the States Assembly.

Finally, Members may be aware that the comments of the Council of Ministers to P42/2016 state the following at Paragraph 22.

"22. States Members will appreciate that it is neither appropriate nor possible to provide details on

specific cases, but it can be disclosed that at the current point in time 28 connections have been identified. The  Commission  is  evaluating each reported  incidence for: any  potential  conduct of business concerns; suspicion of exposures to financial crime (including tax evasion) or other potential problems. It should be noted that mention of Jersey among the Panama Papers is not automatically an indication of any misconduct by the named Jersey entities."

The deadline for disclosure following the structured request sent out on 5 May 2016 was 18 May 2016. Once the Commission has had time to consider and analyse the information disclosed they have agreed to update the number of connections identified.

5. DEPUTY M.R. HIGGINS OF ST. HELIER OF THE MINISTER FOR HOME AFFAIRS REGARDING THE PROVISION OF BODY-WORN CAMERAS TO OPERATIONAL OFFICERS:

Question

Will the Minister advise members how many operational officers have been equipped with body-worn cameras and explain in detail the policy for their use, and in particular, whether are they activated for the entire shift or only when officers go out on patrol, and whether officers have any discretion on their activation? Will she also explain whether footage from body-worn cameras is able to be provided for use in court?

Answer

Uniformed Operational Officers of the States of Jersey Police have access to approximately 30 Body Worn Video (BWV) cameras. Provided there are sufficient camera's available, all uniform operational officers must ensure that they take possession of a BWV camera at the start of their tour of duty. The BWV devices are not personal issue items. In the event that one is not utilised, then the officer must record and justify the reasons for not carrying one in their Pocket Note Book. The use of BWV by specialist departments is the decision of the Senior Investigating Officer on a case by case basis.

BWV are not activated for entire periods of duty, some of the reasons for which are:

• The size of the data collated would be huge, whereby needing costly storage systems.

• It would be difficult to search for and abstract relevant sections of footage for evidential means from large captures.

• The collateral intrusion would be significant due to capturing both evidential and non-evidential interactions wherever the officer went.

• Constant capture does not consider the right of individuals to a private and family life (Article 8 ECHR).

• There is no operational need to maintain constant BWV recording for entire periods of duty. The device is an operational tool and is used at the officer's discretion, albeit with strong operational policy and guidance surrounding their use.

When used effectively, BWV can promote public reassurance, capture best evidence, modify behaviour, prevent harm and deter people from committing crime and anti-social behaviour. The footage is often played in Court. Recordings will provide independent evidence that will improve the quality of prosecution cases and may reduce the reliance on victim evidence particularly those who may be vulnerable or reluctant to attend court.

A comprehensive policy underpins the use of the cameras and can be found here - www.jersey.police.uk/accessing-information/body-worn-video/. All police officers, and particularly those who regularly use BWV, are fully aware of the policy and its contents. In order to use BWV, officers receive training in all necessary technical aspects of the equipment. The training package includes:

1. Legal implications
2. Practical use issues
3. Evidential continuity
4. Health and safety
5. Diversity issues
6. Professional standards.

6. DEPUTY M.R. HIGGINS OF ST. HELIER OF THE CHIEF MINISTER REGARDING THE ANNUAL RESIDENT POPULATION ESTIMATES:

Question

Further to the annual resident population estimates which were published by the Statistics Unit on 24th June 2015, can the Chief Minister advise why, given the States' policy of restricting population growth to 325 people per annum, the population has grown to the extent outlined, and provide the resident population estimates for the year ends 2013 (which is not available' in the report), 2014 (given that the report indicates that the value quoted is uncertain) and 2015?

Answer

The Statistics Unit provide updates of population and net migration as part of its schedule  of official statistics. These can be found at: http://www.gov.je/GOVERNMENT/JERSEYWORLD/STATISTICSUNIT/Pages/default.aspx.

The next release of population and net migration statistics is on the 22nd June, 2016.

While we should not speculate on the level of population and net migration that will be reported by the Statistics Unit, the recent Labour Market Survey released on the 29th April, 2016 reported record private

sector employment growth of 1,550 during 2015, including prominent employment growth in the following areas:

• +420 in financial services
• +320 in construction
• +560 in private health, education and other services
• +170 in hospitality

As to the residential status of these new workers, the Labour Market Survey reported growth in "entitled" and "entitled to work" employment of +1,200, and in "registered" employment of +320. So, we are seeing strong growth in "local" employment, but we are also seeing some growth in newer migrants working. This matches other economic data which show that our economy is improving. It also matches the published 2015 application statistics for the Control of Housing and Work (Jersey) Law, which can be found at: http://www.gov.je/Government/Pages/StatesReports.aspx?ReportID=1737. These showed that of the 918 applications for permanent registered staff in 2015, just over half were refused, including 134 new appointments in hospitality and 106 in construction. Of those additional registered staff that were approved, they included:

• +94 in financial services
• +153 in construction
• +45 in private health, education and other services
• +40 in hospitality

These decisions were made to support businesses seeking staff, with those businesses having demonstrated an inability to recruit entitled or entitled to work staff, and being committed to working with the "back to work" scheme. It is the case that many businesses are struggling to recruit.

These are difficult decisions, but they are in line with strategies which support economic and productivity growth, and other aims such as increasing the supply of housing and building new infrastructure, and supporting businesses which deliver benefits to consumers, including wider benefits around health and well- being. This is important, recognising our society is ageing, with the additional cost pressures this brings, and the need to care for this ageing population. In doing this, we are seeking to target migration - which is why so many applications were refused. The Housing and Work Advisory Group will continue to do this, and will consider in depth the population and migration statistics when they are released on the 22nd June.

Alongside this ongoing work, the Council of Minister's is also embarking on a wide community consultation to develop a new long term vision for Jersey, with this vision setting a future direction for how we enhance the quality of life for Islanders and the implications for population and immigration policy.

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

Will the Minister provide –

1. a breakdown of the number of front line social workers (as opposed to managers) employed by his department showing their qualifications, time spent working in social work; and the number of years they have worked for the department, and the number of years they have worked for the department;

2. an estimate of the average annual case load of each front line social worker;
3. details of the turnover of social workers in each year since 2008?

Answer

1. Table 1 shows the headcount and FTE of social workers, per area, as at the 30th April 2016:

Table 1

Table 2 shows social workers' length of service (in years) with the States of Jersey. It is not practical to show the "length of time spent working in social work" as this data is not held in SoJ computer records. Staff coming to Jersey will range from newly qualified social workers who have just finished their degrees to those who have many years of service across a number of employers and service areas.

Table 2

Qualifications of social workers

The range of qualifications will depend on when an individual formally qualified as a social worker. Since 2003, social work has been a degree-based qualification and therefore all staff employed since then will hold either a first degree or Master's degree in social work.

The previous qualifications are listed below and all registered social workers in Jersey will have one or other of these, depending on when they qualified.

The main qualification for social work is the undergraduate Bachelor's degree (BA, BSc or BSW) in social work, offered at British universities from September 2003 onwards. There is also a Master's degree (MA, MSc or MSW).

These  have  replaced the  previous  qualifying  award,  the  undergraduate Diploma  in  Social  Work (DipSW), although the postgraduate counterpart, the Postgraduate Diploma in Social Work (PGDipSW) is still awarded and allows the holder to register and practice as a social worker. The DipSW was first awarded in 1991 and phased out across the UK by 2009. Prior to this, the recognised qualification was the Certificate of Qualification in Social Work (CQSW), awarded between 1975 and 1991.

2. Estimate of the average annual caseload of each front line social worker

Caseload numbers can vary from worker to worker with the number of cases itself not giving a full picture. Allocation depends on a number of factors including caseload mix, complexity of the case and experience of the social worker along with consideration of any special needs, such as communication requirements. An illustration of this would be that a newly-qualified worker would not carry a case where a child's name was placed on the child protection register.

The length of time a case is open is also dependent on progression of the care plan and target outcomes, which  can be  impacted by  the  complexity  of a  range of  needs.   Some  individuals require  long-term involvement and, in some cases, life-long support, while others require short- to medium-term intervention. This means that any estimate of annual average caseload should be treated with caution.

Community  and  Social  Services  receives  referrals  from  a  range  of  different  sources  for  social  work assessment and/or support with only some of these progressing to being classed as cases'. This means that some social workers employed at the front door' of the service will hold fewer cases and will do more assessments, screening and short-term work.

Table 3 outlines the service areas and caseloads. Table 3

3. Due to changes in the way that data is now created and calculated in SoJ computer records, turnover figures are shown from 2013 onwards, with each year having its own table. Only areas where turnover has actually occurred are shown:

8. DEPUTYM.R.HIGGINSOFST.HELIEROFTHEMINISTERFORHEALTHAND SOCIAL SERVICES REGARDING OFF-ISLAND PLACEMENTS:

Question

Will the Minister advise how many children and adults were given off-Island placements in order to meet their needs with facilities or specialist staff that could not be provided on-Island, between 2008 and the present date?

Will he further provide a breakdown of the nature and duration of those placements? Answer

Any proposal to place an adult or child off-island is subject to consideration and scrutiny by the appropriate senior manager in Community and Social Services. The circumstances of each individual are considered based on an assessment of need and the formulation of a care plan.

Some individuals require specialist support or care that is not available in Jersey; this includes specialist assessment and short-, medium- or long-term support, intervention or treatment. The circumstances of each individual are reviewed on a regular basis according to their need. All cases are reviewed using a multi- disciplinary team approach to ensure that the current arrangements continue to meet the extremely complex needs of these individuals. Those subject to mental health legislation have additional safeguards through the Statutory Mental Health tribunal and care programme approach.

The length of stay off-island varies depending upon the complexity of need – it could range from a short assessment period of 8-12 weeks to a number of years.

Adult Services

31 individuals have been placed off-island since 2008 with 8 remaining in a UK placement at April 2016. As stated above, each individual has their needs assessed and care plan formulated. Some of the individuals will be/have been subject to detention in terms of mental health or criminal justice legislation.

The table shows the number of new placements each year from 2008 to the present. The reasons for these placements include detention in terms of criminal justice or mental health legislation, specialist mental health, addiction, autism or need for a specialist brain injury service.

Children's Services

In the years 2008 to 2016, 36 children were placed off-island. During this period, 2 children returned to Jersey and 3 children remained in placement after their 18th birthday. The duration of these placements

ranges from 3 months to 5 years.

Children have been placed in foster care, residential placements and specialist residential placements (for example, specialist autism services). The children will have a range of needs with many having experienced abuse and trauma earlier in their lives.

Each child placed off-island has an allocated social worker and an independent reviewing officer who provide  ongoing assessment and  monitoring of each child's needs during the placement to  ensure the progression of the care plan with any alterations as necessary. Family contact is promoted and supported as appropriate to the child's needs.

* To ensure that no individuals can be identified from the information provided in the tables, the reasons for/types of placement have not been detailed.

9. DEPUTY G.P. SOUTHERN OF ST. HELIER OF THE MINISTER FOR EDUCATION REGARDING WORKPLACE STRESS EXPERIENCED BY TEACHING STAFF: Question

What measures does the Minister have in place or under consideration to relieve workplace stress in both primary and secondary schools in order to reduce the 948 sick days taken by teachers due to anxiety, stress or depression in 2015? Does the Minister consider that teachers' administrative workloads have an impact on the level of workplace stress and, if so, what steps, if any, will he put in place to reduce this?

Answer

The same conditions apply to teachers as other staff across the States in terms of absence related to anxiety, stress or depression. This issue is highlighted in the Managers' Guidelines for Managing Attendance as a reason for concern. Managers are advised to consider referring staff to the occupational health service if this is their reason for absence to ensure they have access to the appropriate support.

In addition, the Education Department will shortly be holding follow-up workshops and focus groups to address the issues raised in the Teacher Survey conducted in Autumn 2015. The four main themes that emerged from the survey included well-being and support issues and it is recognised that more work is required to explore the reasons teachers might be affected by anxiety, stress or depression. This will help in the formulation of measures to help combat the causes in cases where they are work-related. Teacher well- being will also be explored further in the ongoing discussions with the Education Partnership with the NASUWT union and the Education Forum with the NUT and other unions.

In addition, a corporate well-being strategy is being developed by the central HR team.

10. DEPUTY M. TADIER OF ST. BRELADE OF THE MINISTER FOR EDUCATION

REGARDING TELECOMMUNICATION DEVICES PLACED ON SCHOOL BUILDINGS:

Question

Will the Minister provide a list detailing what telecommunication devices, including transmitters and receivers, are placed on which school buildings; who they belong to; what rent is paid and to whom for the positioning of such devices; when they were placed there and what consultation, if any, was conducted with staff, parents and pupils before they were installed?

Answer

All States schools now use the JT Fibre service for their internet connection and this is delivered via underground cabling.

The previous service, provided via a Newtel microwave link, was turned off in early 2015. Some redundant equipment remains in place on a number of schools pending removal by Newtel. These are Bel Royal, Grands Vaux, Highlands College, Grainville, Haute Vallée, Victoria College Prep, Jersey College for Girls, La Moye, Mont a l'Abbé and St Saviour's. Before the Newtel service was installed in 2002 the Medical Officer of Health at the time was consulted. She advised that the equipment did not pose a public health risk. There is no record of public consultation at the time.

In addition, there is commercial equipment belonging to Newtel on the roof of Les Quennevais and within the lift shaft. This is due to be removed during the May half term break when there is no disruption to students.

Jersey Property Holdings has confirmed that there is currently no telecoms equipment on any school roof for which the public receive a rent or there is a licence agreement in place.

11. DEPUTY M. TADIER OF ST. BRELADE OF THE MINISTER FOR HOUSING REGARDING THE CHARGING OF FEES BY LETTING AGENTS:

Question

What consideration, if any, has been given to banning the charging of finders fees' and contract renewal fees' by letting agents to renters? If none, would the Minister support such a move?

Has the Strategic Housing Unit given any consideration to the possible benefits of a code of conduct for letting agencies, voluntary or statutory? If so, what was the outcome of any such consideration?

Answer

The issue of fees charged by letting agents was recently highlighted in the Jersey Consumer Council Rents Matter' report so I am aware of concern about the transparency and level of fees, which was highlighted in the report.

I have not given consideration to banning the charging of certain fees by letting agents, and I would be reluctant to intervene in the market unnecessarily. I believe that a letting agent should be able to charge fees towards the costs of its administration, but any fees should be set at a reasonable  level and properly explained to clients before they commit to engaging the service of an agent.

The Strategic Housing Unit is working with the Environment Health Department to launch the Rent Safe landlord accreditation scheme, which will cover letting agents. Landlords and letting agents who join the scheme will be required to comply with a set of standards and good practice guidance, including on the charging of fees and expenses.

I believe that this approach will help to drive improvements in rental management standards and enable consumers to make informed decisions when choosing an agent. Renting a property is a big commitment and people need to shop around and register with agents that are transparent about their fees and members of professional accredited bodies.

12. DEPUTY M. TADIER OF ST. BRELADE OF THE CHAIRMAN COMITÉ DES CONNÉTABLES REGARDING CONSULTATION WITH THE DEPARTMENT FOR

INFRASTRUCTURE REGARDING THE MAINTENANCE OF PARKS AND GARDENS:

Question

What consultation has taken place between the Comité and the Department for Infrastructure with regard to the outsourcing of staff for the maintenance of parks and gardens in the various parishes, including Winston Churchill Park?

Answer

The parks and gardens in the various parishes, including Winston Churchill Park, which are maintained by staff of the Department for Infrastructure are owned by the public and not by the parishes.

Maintenance of the parks and gardens is therefore a matter for the States to determine. Accordingly, there has been no consultation between the Comité des Connétable s and the Department for Infrastructure.

13. DEPUTY M. TADIER OF ST. BRELADE OF THE MINISTER FOR TREASURY AND RESOURCES REGARDING THE FEASIBILITY OF INTRODUCING TAXES ON SECOND HOMES AND EMPTY PROPERTIES:

Question

What investigation, if any, has taken place into the feasibility of introducing a tax, other than existing rates, on (i) second homes and (ii) empty properties?

What considerations would need to be taken into account in respect of companies that own multiple residential properties in the Island, were such a tax to be introduced?

Answer

No investigation has taken place into the feasibility of introducing an additional and further tax on second homes and/or empty properties. Rental income arising is already subject to income tax.

As no significant consideration has been given to the introduction of an additional tax on second homes and/or empty properties, it is impractical to set out now the range of issues which might need to be taken into account if such a tax were to be considered. It is the Tax Policy Unit's practice to identify and engage potential stakeholders as early as possible in the policy-development process to scope the range of considerations that policymakers and Ministers might need to take into account.

As the Deputy highlights in his question, second homes and empty properties are currently subject to Parish and Island-wide rates in accordance with the Rates (Jersey) Law 2005. The Rates Law does not include any specific rules that address second homes and/or empty properties (i.e. such properties are subject to the standard rates rules).

The Deputy should also be aware that investigating ways to make more empty properties available to the market is a specific objective identified in the housing strategy (see: http://www.gov.je/Government/Pages/StatesReports.aspx?ReportID=1975) and it is understood that relevant work on this objective will commence in 2017.

14. DEPUTY G.P. SOUTHERN OF ST. HELIER OF THE CHIEF MINISTER REGARDING THE OUTCOME OF THE U.K. ANTI-CORRUPTION SUMMIT: Question

What timescale, if any, was agreed by participants at the recent UK Anti-Corruption Summit for the UK to produce a public register of beneficial ownership of companies and what degree of co-operation was offered by the Chief Minister to the UK Prime Minister towards the establishment of such a register?

What measures does the Minister plan to introduce arising from the UK Anti-Corruption Summit to reduce tax avoidance and evasion; and what assessment he has made of whether tax avoidance and evasion can be eliminated without introducing a public register of beneficial ownership?

Answer

There was no need for either of the steps referred to in the first paragraph of the question because by the time of the Anti-Corruption Summit the UK already had provided for a public register of beneficial ownership of companies. The UK enacted in 2015 the Small Business, Enterprise and Employment Act Section 81 of which introduced a public register of people with significant control of companies (the PSC register). The register came into force from 6 April 2016 and from 30 June 2016 companies annual returns will be required to contain beneficial ownership information.

Turning to the second paragraph of the question, ahead of the Summit Jersey confirmed its willingness to join the list of jurisdictions that have committed to the recently launched initiative for the development and subsequent implementation of a new global standard for the exchange of beneficial ownership information. In addition, through our attendance at the Summit, Jersey was a party to the Communique issued at the conclusion of the Summit. This noted the initiative for the automatic exchange of beneficial ownership information and asked the FATF , the OECD and the Global forum on Transparency and Exchange of Information for Tax Purposes to develop initial proposals on ways to improve the implementation of the international standards on transparency , including on the availability of beneficial ownership and its international exchange The Communique states that this will help tax and law enforcement authorities track the complex offshore trails used by criminals.

Jersey has offered to join in the work on the development of the new standard, and in accordance with our policy to-date will join in the implementation of the international standard when it is formulated by the international standard setters and has global acceptance. As with the Common Reporting Standard on automatic exchange of information, of which Jersey was one of the "early adopters", it is believed that the best  way to assist in the elimination of all financial crime, of which tax evasion is  one element, and aggressive tax avoidance is for law enforcement and tax authorities to have accurate, adequate and current information and this is best achieved through the automatic exchange of information with those authorities. The Summit Communique calls for action to ensure accurate and timely beneficial ownership information is collected, available and fully accessible to those who have a legitimate interest in it. In recognising the need for mechanisms to be put in place to ensure that law enforcement and other competent authorities, including tax authorities, have full and effective access to accurate and up-to-date information the Communique simply says "it may include establishing public central registers".

Jersey is already in a leading position in meeting the Summit's objectives. The OECD Secretary General spoke of the "exemplary delivery" of the Crown Dependencies in the steps they have taken so far. The UK Chancellor in a letter to me ahead of the Summit referred to Jersey's lead on global transparency and how this had been influential in helping achieve rapid global uptake of the international standards on global tax transparency. The Minister for the Cabinet Office in answering a question in the House of Commons on the 9th May referred to the Crown Dependencies being well ahead of many other similar jurisdictions and that this represents a significant step forward in the ability to counter criminal activity.

The Communique called on all countries to regulate and effectively supervise trust and company service providers and support the promotion of global industry best practice in this sector to underpin full and consistent implementation of FATF standards globally. Jersey is a recognised leader in this field having regulated trust and company service providers for some fifteen years. Combined with a validated central register of beneficial ownership Jersey is able to assist law enforcement and tax authorities in the fight against financial crime and aggressive tax avoidance in a way that most if not all other jurisdictions have yet to emulate and this, combined with the proposed international standard on the automatic exchange of beneficial ownership information, will be of much greater value to those authorities in providing them with more accurate, adequate and timely information than would be provided by a public register.

15. DEPUTY G.P. SOUTHERN OF ST. HELIER OF THE MINISTER FOR HEALTH AND SOCIAL SERVICES REGARDING MEASURES TO REDUCE, CEASE AND OUTSOURCE SERVICES:

Question

What results have emerged so far from the Minister's commitment to examine measures to reduce, cease or outsource services for which he is responsible? Are any areas of service provision likely to be subject to new or increased charges and, in particular, what changes, if any, are under consideration for patient transport services?

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. There are no plans at this point in time to outsource, reduce or cease services currently provided by the department. The department is seeking to deliver savings through sustainable efficiencies, service redesign and cost reductions. Future plans are currently being finalised and will appear in the MTFP Addition. This would include changes, if any, to patient transport services.

16. DEPUTY G.P. SOUTHERN OF ST. HELIER OF THE MINISTER FOR HOME AFFAIRS REGARDING MEASURES TO REDUCE, CEASE OR OUTSOURCE SERVICES:

Question

What results have emerged so far from the Minister's commitment to examine measures to reduce, cease or outsource services for which she is responsible?

Answer

The Department for Community and Constitutional Affairs (CCA) is engaged actively with the Public Sector Reform Programme to modernise services and deliver efficiencies and savings in the second part of the Medium Term Financial Plan (MTFP 2017-2019) in order to support investment in the Strategic Plan priorities; this includes the use of LEAN techniques, workforce modernisation and service redesign.

The priority is to maintain public safety and front line public services, having regard for the statutory basis for many of the services delivered by the Department. Two senior officers have worked closely with relevant Service Heads to look at the services delivered by the Department in order to identify where efficiencies and savings can be achieved, including if parts of services might be ceased, reduced or delivered more efficiently by others.

As a result of this work there are service redesigns in development for areas of the States of Jersey Police, Jersey Fire and Rescue Service and Jersey Customs and Immigration Service. This service redesign work includes investments in the increased use of mobile technology, new operating models, some investments in premises and closer collaborative working between the services and other agencies.

17. THE DEPUTY OF ST. JOHN OF THE CHIEF MINISTER REGARDING THE STRUCTURE OF THE INFORMATION SERVICES DEPARTMENT:

Question

What is the baseline transaction cost, and how many full-time equivalent staff, are required for the current structure of the Information Services (IS) department; and what assessment has he made of the scale and complexity of that department compared to IS provision in similarly-sized private sector companies?

Answer

The revenue expenditure for Information Services for 2015;

Enterprise Systems & Information Management; IT Services & Business Support;

Total Budget (inc ISD Support Functions) Capital expenditure by IS in 2015 was £2,9m. 2015 Service Desk Statistics;

£1,616,731 £8,135,488

£10,628.960

Supported 4,475 desktop PC's and laptops Supported 7,592 staff across 33 departments Answered 29,589 phone calls

Received 11,731 emails

The 2016 MTFP agreed FTE number for the Information Services department is: 92.9.

The Information Services Department is currently preparing a tender document for some of its services to be market tested with the private sector, therefore, it would not be appropriate to release information at a more detailed level which could compromise the commercial position of the States.

The Information Services Department is also currently undergoing a major restructuring programme to ensure it  is  structured to provide for  modern systems to  meet the  increasing  demands for  the  digital environment in which we all live and work. It is not possible to provide a benchmark with similarly sized private  sector  companies  as  the  range  of  projects  being  undertaken  spans  so  many  critical  areas  of government such as the implementation of the eGov range of projects as well as the replacement for the many large systems that support the critical infrastructure of the States.

18. THE  DEPUTY  OF  ST. JOHN  OF  THE  MINISTER  FOR  TREASURY AND RESOURCES  REGARDING  THE  INSTALLATION  BY J.T.  OF  FIBRE  OPTIC BROADBAND:

Question

Can the Minister, as shareholder representative, provide an up-to-date account of the fibre installation being carried out by JT and advise how many of the employed engineers for this project are now sourced locally?

Answer

The fibre installation is progressing as set out in the following table:

The Minister is advised by JT that, as at 19th May 2016, there are 159 JT staff involved with the fibre installation programme. Of the 159 staff, there are 72 local engineers and 45 non-local engineers dedicated to the programme on a full time basis.

The Minister will soon be inviting all States' Members to the annual update from JT where all aspects of progress will be shared.

3. Oral Questions

1. Deputy  K.C.  Lewis  of  St. Saviour  of  the  Minister  for  Health  and  Social  Services regarding the  payment of  medical bills by  former  residents of  The  Limes Nursing Home:

Will the Minister advise whether residents who were moved from The Limes Nursing Home will be subject to G.P. (General Practitioner) and other medical bills at their new nursing home and will he liaise with the Minister for Social Security to ensure that this is not a recurring problem?

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

Residents that have moved from The Limes Nursing Home will be subject to G.P. and other medical  bills  at  their  new  nursing  home,  as  is  the  case  for  all  other  residents  in  all  other establishments. However, if they are claiming means-tested long-term care benefit to assist with the payment of their care home fees then they, like others in the home, may be entitled to support from Social Security with their G.P. costs.

1. Deputy K.C. Lewis :

I think this is where the confusion arises. People were under the impression that if they moved from The Limes that their G.P. bills would be covered. I only have one parishioner who is suffering with this but I know there are many around the Island. Will the Minister agree to liaise with the Minister for Social Security to make sure that this confusion is cleared up?

Senator A.K.F. Green:

Personally, I apologise if there was any confusion. It was quite clear that the residents were told when moving that the costs for them in terms of their residential or nursing care would not change. I am sorry if it was not made clear about the G.P. bills. I do not need to liaise more than I already have with the Minister for Social Security because those on limited means who are getting support through the long-term care scheme may be, depending on their assets, entitled to support from Social Security.

2. Deputy J.A. Hilton of St. Helier :

Can the Minister confirm whether the rules have changed since any of the residents left The Limes and were the residents in receipt of free G.P. care before they left the Limes, so that something has changed in the meanwhile?

Senator A.K.F. Green:

The rules have not changed but the place of residence has changed. For example, the people in nursing care in Sandybrook still receive free G.P. care and that is done by the basis that it is convenient for us to have one contract with a group of G.P.s to provide that service. But those living in nursing homes and residential homes outside of Health's care provide payment for their G.P. unless they are entitled to assistance because they have limited means, limited assets. If they are entitled to assistance from Social Security then they will get it.

3. Deputy J.A. Hilton:

Can the Minister confirm that there were some residents of The Limes, who previously were in receipt of free G.P. care, are now having to pay?

Senator A.K.F. Green:

I thought that is what I have been saying all along, yes.

4. Deputy J.A.N. Le Fondré of St. Lawrence :

To be clear, residents at The Limes were previously in receipt of free G.P. care and are now having, as a result of the move, and no other change, are no longer in receipt of that free G.P. care?

Senator A.K.F. Green:

Yes, those residents who have sufficient assets will pay for their G.P. [9:45]

Those who have not can access that through the proper channels through the targeted support at Social Security.

5. Deputy J.A.N. Le Fondré:

In what form was it made clear to them of that financial change? Senator A.K.F. Green:

I am not sure. I have to be entirely upfront and honest on this, I am not sure if the G.P. aspect was properly explained. Every member has now been written to - about 10 days ago - to explain that. I apologise if it was not clear, but I cannot hand on heart say that it had been made absolutely clear, that one aspect.

6. Deputy J.A.N. Le Fondré:

Can the Minister confirm that before residents left it appears they were not written to and it was not explained clearly to them the financial consequence of this matter?

Senator A.K.F. Green:

I did not say that, I said I cannot be sure that it was explained clearly. What they were told is that the cost of their nursing care would not fall to them but I am not sure that the aspect around the G.P. was explained. But if a person has sufficient assets in order to pay for their G.P. they should be treated the same as all the other people in nursing and residential homes in the private sector. If they have not, that is what the social security system is there for.

7. Deputy R. Labey of St. Helier :

Let us be clear, the Minister was asked by Deputy Hilton if the rules had changed for the residents of the Limes specifically. The Minister brought in Sandybrook, et cetera, but we were not talking about that. Can the Minister be clear: the rules have now changed from the residents who were in The Limes to where they are now?

Senator A.K.F. Green:

If you want to be pedantic, the rules have not changed because the rules in the private sector, in the nursing sector, were that G.P.s were paid for by the resident. That remains. The Limes no longer exists therefore the rules in The Limes are not applicable.

8. Deputy J.A. Hilton:

Can the Minister inform Members under what order were the rules changed? Senator A.K.F. Green:

The rules have not changed insomuch as the provision for care in the public sector.

9. Deputy R.J. Rondel of St. Helier :

Would the Minister advise how many people this affects?

Senator A.K.F. Green:

I do not have that figure to hand. From memory I seem to think it is something like 20 residents that were being transferred.

10. Deputy K.C. Lewis :

The rules may not have changed but the goalposts have certainly moved. For the residents who moved from The Limes, it was not of their choosing. They had to move, they did not have a choice. So just to clarify, there were people at The Limes who were receiving free medical care who will no longer receive that medical care. I am not sure of the exact numbers. The total number is 20 but how many were receiving free medical care who are no longer receiving free medical care? Would the Minister please clarify?

Senator A.K.F. Green:

I do not have the answer to that because that information would be based on a means-tested assessment carried out by Social Security. The basis is that The Limes had to close because it was no longer fit for purpose. We worked very hard with families to find suitable accommodation for them and I apologise, again, if it was not made clear about the G.P. practice. But they are being treated in line with all other residents in the Island. If they have assets and are able to pay for their G.P. they do. If they cannot there is a very good system available through Social Security.

2. Deputy G.P. Southern of St. Helier of the Minister for Infrastructure regarding reductions in staffing levels in cleaning and gardening services:

What progress, if any, has been made towards reducing staffing levels in cleaning and gardening services; how many workers have taken voluntary redundancy or have otherwise left the service; how many staff may be subject to compulsory redundancy; how many staff are planned to be retained; and to what extent will services be stopped or reduced under the redesigned service?

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

This question unfortunately cannot be answered orally in full in 90 seconds, but I will do the best I can. The department has made significant progress on reducing staffing levels in these areas through vacancy management, voluntary redundancy and redeployment. At the beginning of this process there were 154 employee posts in these 2 areas. Today that figure has been reduced to 101 with 36 remaining in parks and gardens and 65 in cleaning services. To date the department has accepted 15 V.R.s (voluntary redundancy) from parks and gardens and 24 from cleaning services. I am pleased to be able to advise Members that is a result of a staff consultation process and with the union support we have taken out of scope some employees and an entire section. We are just starting the cleaning services consultation but we anticipate similar levels of reduction through V.R.s and redeployment. Staff in all of these areas have not been put at risk of compulsory redundancy at this time. This will take place only when the tenders have been evaluated and only if the prices from the private sector are less expensive. It is important to remember that we are committed to redeploying as many staff as possible of the affected staff. The staff will have 6 months' support from H.R. (Human Resources) and outplacement to find alternative work.  I will be calling upon my ministerial colleagues to support the department with redeployment of some staff in order to minimise the need for compulsory redundancies. The same services will continue but they will be delivered in a more cost-effective manner. The department will be providing services that are sustainably affordable and delivered efficiently.

1. Deputy G.P. Southern :

Could the Minister inform Members how many staff will remain on his books at Infrastructure and what services will be reduced? For example, how will the care for Howard Davis Park take place in St. Saviour under his new scheme?

Deputy E.J. Noel:

Two good questions there. I will deal with the latter first. No services are going to be effectively reduced. We will be providing the same service to the public that we are currently doing but in a more efficient manner. As to the number of employees that will remain within my department, that depends on how many transfer to other areas. We have already had some from parks and gardens transfer to and become parking control officers, and we are working with our staff to slot them into other areas where we have vacancies.  Indeed, we will be working with our colleagues in other departments to do the same.

2. Deputy S.Y. Mézec of St. Helier :

Could the Minister confirm whether or not he has arranged a face-to-face meeting with Unite Union's regional officer and shop steward to discuss these matters, and if so, when is that meeting planned for?

Deputy E.J. Noel:

Yes, that has taken place. The union official contacted me last week. We agreed that it would be good for ourselves and officers to meet up. Our support staff are arranging for that date. I do not have it in my diary yet. I believe that the representative wanted to meet tomorrow. Unfortunately because we are in the States I could not do that, but we are co-ordinating our diaries so we can meet up.

3. Deputy M. Tadier of St. Brelade :

Would the Minister confirm whether any of the Parishes were approached to take over the administration or staffing of any of the parks and, specifically, would he comment on Sir Winston Churchill Park and the Parish of St. Brelade ?

Deputy E.J. Noel:

We have had brief discussions with a number of Parishes, predominantly the Parish of St. Helier which has indeed taken some of our staff and we are in discussions with them about providing those public services in a more efficient way, working in partnership with the Parish of St. Helier. With regards to the Parish of St. Brelade, I believe that some preliminary discussions have taken place with the Parish municipality just to see if they would be interested in participating in a similar scheme there. We were approached by Deputy Kevin Lewis to see if we would transfer Howard Davis Park to the Parish of St. Saviour. I suggested to the good Deputy that he needs to liaise with his Constable and with his municipality first prior to us considering that request of his.

4. Deputy M. Tadier :

Has any consideration been given to what the public want and the parishioners in those Parishes, whether they are happy to see currently very well used, cherished and loved parks being outsourced, which are currently in States administration?

Deputy E.J. Noel:

Any involvement with the Parish would need the approval of the Parish, and I would assume therefore that the Parishes would have to take out the appropriate Parish Assemblies. I am not quite sure if that is the case with the Parish of St. Helier. We are working in close partnership with them and have done over many years concerning activities taken on inside the ring road and external to the ring road. But we are working closely with Constables where that is appropriate.

5. Deputy J.A. Hilton:

Our public loos are maintained and cleaned to a very high standard by the Infrastructure Department and we should all be very grateful to those who work there who help in upholding the good reputation of Jersey as a holiday Island. My question is: the Minister has said that he wants to deliver the service in a more cost-efficient manner. Is he proposing on closing any public conveniences in the Island?

Deputy E.J. Noel:

No, that would be a reduction of service and we are not planning to reduce that service. I welcome the comments from Deputy Hilton about our staff, they do a fantastic job in cleaning our public conveniences. Surprisingly, it is one of the frequent comments that we get from visitors to the Island who take their time to contact my department to say how good our facilities are. Those staff do a fantastic job and have done for many years.

6. Deputy K.C. Lewis :

Just to clarify: we in the Parish of St. Saviour consider Howard Davis Park very much the jewel in our crown of the Parish. My approach to the Minister was to protect the gardening element to make sure it is at the same standard as it always has been. So it was not so much to take over the park but as the gardening element to start with.

The Deputy Bailiff :

Deputy , if you could ask a question please? Deputy K.C. Lewis :

Does the Minister not agree?

Deputy E.J. Noel:

I do not think there was really a question there. Howard Davis Park is one of the jewels in our crown. Three of our parks have got Green Flag status; Howard Davis Park received theirs last year and I believe it is going to be re-awarded this year again. We have no intention to reduce the standard of any of our parks. I do take slight exception with what Deputy Lewis has said because many years ago when we lived in a different financial world Howard Davis Park looked even better than it does today, but it does still look fantastic and it will continue to do so.

7. Deputy G.P. Southern :

Can the Minister inform Members when he expects to have the tenders analysed and accepted and when he is likely to have his business plan completed and, above all, his economic impact plan completed?

Deputy E.J. Noel:

That is a bit like trying to hit a moving target. In some of the areas we are waiting for tenders to come in. Some areas have not gone out to tender. The due process will take place, along with the unions, along with the weekly consultation that we have with the unions, and the monthly meetings with the unions and with staff. There is a process to be followed and we deserve to follow that process because at the end of the day what we are trying to do is minimise the impact on our staff because those members of staff that unfortunately we will inevitably end up having to part ways with, they have done nothing wrong. It is not like where an employee has done something wrong and there is a disciplinary and you sack that individual. These people have done nothing wrong. They have provided us with phenomenal service, and I am sorry if I am going on a bit, but they deserve to be treated in a dignified way and due process is followed, and I am not going to rush that.

Deputy G.P. Southern :

Just for clarification, the Minister talked about his process; his process has dates attached to it. What is the date by which he expects to have completed and finalised ..

The Deputy Bailiff :

I am sorry, Deputy , that amounts to a supplementary on a supplementary. Deputy G.P. Southern :

That is clarification, Sir. He has not been clear.

The Deputy Bailiff :

I am sorry, that is a supplementary on a supplementary. The Minister has answered in the way that he has.

3. Connétable C.H. Taylor of St. John of the Minister for Home Affairs regarding training received by the States of Jersey Police about the Honorary Police:

Could the Minister advise what training is received by the States of Jersey Police about the Honorary Police, and whether it includes the history of the service and the different ranks and responsibilities of Honorary Police officers?

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

Yes, I am pleased to confirm that the initial 15-week probationer training programme includes input from the Honorary Police on both the history and roles and responsibilities of the Honorary Police. A specific section of the probationary officer's course material is also dedicated to the Honorary Police. Indeed the Connétable of St. Martin took the time over the weekend to remind me and describe to me his involvement with this training process in the past, for which I am very grateful.

[10:00]

In addition, probationary officers also undergo a secondment to the Criminal Justice Department, which includes a visit to the Parish Hall Inquiry in order for them to understand its key role within the judicial system. I am pleased to say that there is a 2-way exchange of knowledge with the States of Jersey Police training team delivering a rolling programme of foundation training courses and additional training to new and existing Honorary Police officers. This training includes a number of operational officers, along with officers in specialist departments and ensures further opportunities for engagement and understanding of the different roles and responsibilities of the Honorary Police. I would like to take this opportunity to restate my sincere thanks and appreciation for the first class contribution that the 12 Honorary Police Forces make to many aspects of our community. [Approbation] Those serving in the Honorary Police embody the spirit of voluntary service which helps to make Jersey a fantastic place to live.

The Connétable of St. John :

Just to say, I am very grateful to Minister to clarify the point because I have had hesitations and it is now clearly embedded and I am very grateful to her, thank you.

4. Deputy M.R. Higgins of St. Helier of the Minister for Health and Social Services regarding action being taken to help people who suffer from drug addiction:

Will the Minister advise Members what action his department is taking to help people who suffer from drug addiction, and in particular those who require methadone or Subutex treatment, giving details of the estimated number of addicts needing this treatment and the number of people receiving it?

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

The methadone/Subutex programme delivered by Alcohol and Drug Services has a capacity for 120 clients annually. Research recently undertaken on the nature, the extent and the consequences of illicit drug use in Jersey estimated that there are approximately 892 problem drug users. We have a shared care approach between Alcohol and Drug Service and G.P.s in order to increase treatment across the Island and allow access to the hidden population of drug users. There are currently plans to introduce that shared care service fairly shortly. There is currently a waiting list of approximately 20 waiting to access the system and I am hoping that the shared care provision will help with that.

1. Deputy M.R. Higgins:

Supplementary. I thank the Minister for the figures. He talks of a capacity for 120. My own information seems to indicate it is 100 receiving treatment and that if new users come along they have to wait until someone else comes off the scheme before they can be admitted to it. So my concern is that we are not adequately covering the needs of the drug users and trying to diminish the problem that we have. Can the Minister tell me what the budget is for this area for Subutex and methadone and whether it is going up, down, or what, or what it has done over the last few years and especially in the Medium Term Financial Plan?

Senator A.K.F. Green:

I cannot answer the latter part of the question although I am happy to get that figure for the Deputy and forward it to all States Members. The Deputy says that there is a gap between those who want the service and those who are getting the service, and he is correct, and for that reason we are introducing the shared care system. Health and Social Services working with specialist services with 2 specialist GPs in a care shared way, and I believe that that will help those who have to wait at the moment to access the system. I do not have the figures on the budget I am afraid.

2. Deputy M. Tadier :

Just to confirm, could the Minister state whether the provision of Subutex and  methadone is dictated by budget rather than by medical need at the moment?

Senator A.K.F. Green:

Access to the service that we are providing is dictated by clinical need although some people are waiting a short time at the moment to get into that service and that is why we are introducing a shared care system, working with G.P.s, to widen the possibility that people get the clinical support that they need. It is not one of budget.

3. Deputy M. Tadier :

So if people are waiting longer than they need for this particular medication, is it because there is not enough money in the pot currently and how does the Minister envisage that the shared cares proposals will resolve this issue?

Senator A.K.F. Green:

Because we will have more qualified professionals able to provide the service.

4. Deputy M.R. Higgins:

Just following on from Deputy Tadier , my understanding is that the budget for this area has not been changed for the last 10 years and yet drug use is not going down. What the Minister should recognise is that the same survey that I think he, perhaps, may have been referring to earlier, showed that 16 per cent of users funded their habit by theft because they cannot get it through the system. Another 32 users funded their drug use by selling drugs. So is it not a self-defeating policy that if we do not provide enough money to cover the official system whereby they can get it without resorting to crime or selling drugs, that we are causing problems elsewhere? Does the Minister not agree? But, first of all, what about the budget?

Senator A.K.F. Green:

The Deputy tells me that the figures have not gone up for 10 years but that is just a very crude statement. I do not know whether he is right or he is wrong. What matters is the outcomes that come from the money that we invest in the service and that is why we carried out the survey. That is why we are going for a shared care approach with G.P.s and with Drug and Alcohol Service. That is why we intend to get better value for money and treat the people that need treating. Whether people get treatment or not should be determined by their clinical needs.

5. Deputy R. Labey of St. Helier of the Minister for the Environment regarding the application of opaque film to the glazed west elevation windows of the new Police Headquarters:

Can the Minister bring forward the date by which opaque film must be applied to the glazed west elevation windows of the new Police Headquarters or alternatively press for a satisfactory temporary measure so that neighbouring residents do not have to wait until the building is occupied in January 2017 for it to meet planning requirements and for neighbouring residents to have their privacy protected?

Deputy S.G. Luce of St. Martin (The Minister for Environment):

The obscure glazing to the west elevation of the new Police Headquarters is controlled by condition No. 27 of Planning Permission P/1005/2012 which reads as follows: "All windows on the west elevation of the Police Headquarters building hereby approved shall be permanently formed as a fixed light and glazed with obscure glass and shall thereafter be retained. No further windows or other openings shall be formed in that elevation unless otherwise agreed in writing with the Minister for Planning and Environment prior to first installation." Although the conditions do not require a specific timing for the obscuring of the glass the department requires that this take place prior to the occupation of the building in order for the purpose of the condition to have its desired effect. The architects appointed to oversee the development have confirmed in writing that this will take place. Additionally, the contractors carrying out the development have advised me that this task is planned for Monday, 30th May, next Monday. I know that that is a Bank Holiday and I am not sure if that is an accurate job of work for that day or whether that is a mistake but I am sure the Deputy will be assured by the date. Finally, while the Chief Officer or Planning Committee does have the power under Article 27 of the Planning and Building Law to formally modify a planning permission it has not sought to do so in the light of the applicant's undertaking to co-operate via its architect's letter and contractor's statement.