States Meeting Transcript - 28th June 2016

STATES OF JERSEY OFFICIAL REPORT TUESDAY, 28th JUNE 2016

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

1. Welcome to H.E. The Lieutenant Governor..............................................8 The Bailiff :....................................................................................8
2. Resignation of Deputy S.M. Wickenden of St. Helier as a member of the Public Accounts Committee ....................................................................8
3. Retirement of Jurat Marrett-Crosby ......................................................8
4. Commemoration of the arch at Weighbridge Place and World War 1 Battle of the Somme..................................................................................8
5. States Members' cricket match..........................................................8

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

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

1. DEPUTY J.A.N. LE FONDRÉ OF ST. LAWRENCE OF THE CHIEF MINISTER REGARDING HOUSEHOLD TAXES AND CHARGES: [9501].......................9
2. DEPUTY J.A.N. LE FONDRÉ OF ST. LAWRENCE OF THE CHIEF MINISTER REGARDING RECEIVABLE HOUSEHOLD INCOME: [9502]......................10
3. DEPUTY J.A.N. LE FONDRÉ OF ST. LAWRENCE OF THE CHIEF MINISTER REGARDING HOUSEHOLD INCOME SCENARIOS FOR MARRIED PERSONS: [9503]..................................................................................10
4. DEPUTY J.A.N. LE FONDRÉ OF ST. LAWRENCE OF THE CHIEF MINISTER REGARDING HOUSEHOLD INCOME SCENARIOS FOR SINGLE PERSONS AND MARRIED OLD AGED PENSIONERS: [9504].......................................12
5. THE DEPUTY OF ST. JOHN OF THE MINISTER FOR INFRASTRUCTURE REGARDING THE CONDITION OF PROPERTY AND INFRASTRUCTURE WITHIN PUBLIC OWNERSHIP: [9505]..............................................14
6. DEPUTY M. TADIER OF ST. BRELADE OF THE CHIEF MINISTER REGARDING THE DUAL ROLE OF THE BAILIFF: [9506].........................................16
7. DEPUTY M. TADIER OF ST. BRELADE OF THE MINISTER FOR EXTERNAL RELATIONS REGARDING THE DUAL ROLE OF THE BAILIFF: [9507]..........17
8. DEPUTY M. TADIER OF ST. BRELADE OF THE MINISTER FOR ECONOMIC DEVELOPMENT, TOURISM, SPORT AND CULTURE REGARDING THE DUAL ROLE OF THE BAILIFF: [9508]......................................................17
9. DEPUTY M. TADIER OF ST. BRELADE OF THE CHAIRMAN OF THE EDUCATION AND HOME AFFAIRS SCRUTINY PANEL REGARDING MEANS TESTING THE PROVISION OF FREE NURSERY CARE: [9510] ...................18
10. DEPUTY J.A.N. LE FONDRÉ OF THE CHIEF MINISTER REGARDING THE PROPOSED INTRODUCTION OF HEALTHCARE, WASTE DISPOSAL AND COMMUNITY INFRASTRUCTURE CHARGES: [9511].............................18
11. DEPUTY M.R. HIGGINS OF ST. HELIER OF THE CHIEF MINISTER REGARDING THE IMPACT OF FOREIGN CAPITAL UPON THE HOUSING MARKET: [9512]..19
12. DEPUTY M.R. HIGGINS OF ST. HELIER OF THE MINISTER FOR HOME AFFAIRS REGARDING INVESTIGATIONS BY EXTERNAL POLICE FORCES: [9513]..................................................................................20

13. H.M. ATTORNEY GENERAL WILL TABLE AN ANSWER TO A QUESTION ASKED BY DEPUTY M.R. HIGGINS OF ST. HELIER REGARDING HIS POWERS TO CONDUCT CRIMINAL PROSECUTIONS: [9514] ...............................21
14. DEPUTY M.R. HIGGINS OF ST. HELIER OF THE CHIEF MINISTER REGARDING THE ESTABLISHMENT OF CHURCHES: [9516]....................................22
15. DEPUTY G.P. SOUTHERN OF ST. HELIER OF THE MINISTER FOR EDUCATION REGARDING TEACHING POSTS: [9517]............................................22
16. DEPUTY G.P. SOUTHERN OF ST. HELIER OF H.M. ATTORNEY GENERAL REGARDING MATERNITY LEAVE RIGHTS: [9518]...............................23
17. DEPUTY G.P. SOUTHERN OF ST. HELIER OF THE MINISTER FOR HEALTH AND SOCIAL SERVICES REGARDING THE OUTSOURCING OF SERVICES: [9519]..................................................................................24
18. DEPUTY G.P. SOUTHERN OF ST. HELIER OF THE CHIEF MINISTER REGARDING THE MANAGEMENT OF VACANCIES ACROSS DEPARTMENTS: [9520]..................................................................................25
19. DEPUTY G.P. SOUTHERN OF ST. HELIER OF THE MINISTER FOR HEALTH AND SOCIAL SERVICES REGARDING USER PAYS CHARGES: [9521]..........26

3. Oral Questions...........................................................................26

1. Deputy C.F. Labey of Grouville of the Minister for Health and Social Services regarding the basis on which former residents of The Limes Residential Home had been accommodated: [9523] .................................................................26 Senator A.K.F. Green (The Minister for Health and Social Services):........................26

1. The Deputy of Grouville :...............................................................26
2. Deputy G.P. Southern of St. Helier:....................................................27

2. Deputy T.A. Vallois of St. John of the Minister for Education regarding action taken to ensure that children in Jersey are prepared for economic diversification: [9524]........27 Deputy R.G. Bryans of St. Helier : (The Minister for Education):.............................27

1. The Deputy of St. John:................................................................27
2. Deputy S.M. Wickenden of St. Helier:..................................................28
3. Deputy G.P. Southern :..................................................................28
4. Deputy L.M.C. Doublet of St. Saviour:.................................................28
5. Deputy M. Tadier of St. Brelade:.......................................................28
6. Deputy M. Tadier :......................................................................29
7. Deputy L.M.C. Doublet :................................................................29
8. The Deputy of St. John:................................................................29

3. Senator Z.A. Cameron of the Minister for Health and Social Services regarding the number of non-residents employed by or given contracts by Health and Social Services: [9532]..................................................................................30 Senator A.K.F. Green (The Minister for Health and Social Services):........................30

1. Senator Z.A. Cameron:.................................................................30
2. Senator Z.A. Cameron:.................................................................30

4. Deputy M.R. Higgins of St. Helier of the Chief Minister regarding the effect of increases in net inward migration: [9537] ........................................................30 Senator P.F. Routier (Assistant Chief Minister - rapporteur)..................................30

1. Deputy M.R.Higgins:..................................................................31
2. Deputy J.A.N. Le Fondré of St. Lawrence : .............................................32
3. Deputy J.A. Martin of St. Helier:.......................................................32
4. Deputy M. Tadier :......................................................................33
5. Deputy M. Tadier :......................................................................33

6. Deputy A.D. Lewis of St. Helier:.......................................................33
7. Deputy G.P. Southern :..................................................................34
8. Deputy G.P. Southern :..................................................................34

9. Connétable S.A Le Sueur -Rennard of St. Saviour......................................35
10. Deputy M.R.Higgins:...............................................................35

5. Deputy G.P. Southern of the Chief Minister regarding the net 1,500 licensed and registered inward migrants recorded by the Statistics Unit for 2015: [9529]............36 Senator I.J. Gorst (The Chief Minister):......................................................36

1. Deputy G.P. Southern :..................................................................36
2. Deputy M. Tadier :......................................................................37
3. Deputy J.A. Hilton of St. Helier:........................................................38
4. Deputy G.P. Southern :..................................................................38

6. Deputy R. Labey of St. Helier of the Minister for Infrastructure regarding the value of the Eastern Cycle Track Fund: [9528]..................................................39 Deputy R.J. Rondel of St. Helier (Assistant Minister for Infrastructure - rapporteur)..........39

1. Deputy R. Labey : ......................................................................39
2. Deputy M.R.Higgins:..................................................................39
3. Connétable C.H. Taylor of St. John : ....................................................39
4. Connétable J.E. Le Maistre of Grouville :...............................................40
5. Deputy M. Tadier :......................................................................40
6. The Deputy of Grouville :...............................................................40
7. The Deputy of Grouville :...............................................................41
8. Deputy R. Labey : ......................................................................41

7. Deputy S.Y. Mézec of St. Helier of the Chief Minister regarding population estimates and the limits set in the interim population policy were not achieved: [9535]...........41 Senator I.J. Gorst (The Chief Minister):......................................................41

1. Deputy S.Y. Mézec :....................................................................41
2. Deputy M.R.Higgins:..................................................................42
3. Deputy G.P. Southern :..................................................................42
4. Deputy S.Y. Mézec :....................................................................43

8. Deputy M. Tadier of the Chief Minister regarding plans to propose new user-pays charges for services: [9531]............................................................43 Senator I.J. Gorst (The Chief Minister):......................................................43

1. Deputy M. Tadier :......................................................................43
2. Deputy S.Y. Mézec :....................................................................44
3. The Deputy of St. John:................................................................44
4. The Deputy of St. John:................................................................45
5. Deputy M.R.Higgins:..................................................................45
6. Deputy M. Tadier :......................................................................45

9. Deputy K.C. Lewis of St. Saviour of the Minister for Treasury and Resources regarding PFOS contamination in the west of the Island: [9534]..................................45 Senator A.J.H. Maclean (The Minister for Treasury and Resources):.........................45

1. Deputy K.C. Lewis :....................................................................46
2. The Connétable of St. John:............................................................46
3. Senator P.F.C. Ozouf :..................................................................46
4. The Deputy of St. John:................................................................47
5. Deputy K.C. Lewis :....................................................................47

10. The Connétable of Grouville of the Chief Minister regarding rates of pay for employees and contractors with regard to the proposed living wage': [9522]......................48 Senator I.J. Gorst (The Chief Minister):......................................................48

1. The Connétable of Grouville :........................................................48
2. Deputy M.R.Higgins:...............................................................48
3. The Connétable of Grouville :........................................................48

11. Deputy G.P. Southern of the Minister for Health and Social Services regarding consideration given to incorporation in plans for the modernisation of the delivery of health and social services: [9530] ......................................................49 Senator A.K.F. Green (The Minister for Health and Social Services):........................49

1. Deputy G.P. Southern : ..............................................................49
2. Deputy M. Tadier :...................................................................49
3. Deputy M. Tadier :...................................................................49
4. Deputy G.P. Southern : ..............................................................50

12. Deputy L.M.C. Doublet of the Chief Minister regarding the progress of the Shaping our Future project: [9533]..................................................................50 Senator P.F. Routier (Assistant Chief Minister - rapporteur):.................................50

1. Deputy L.M.C. Doublet :.............................................................50
2. Deputy G.P. Southern : ..............................................................51
3. Deputy G.P. Southern : ..............................................................51
4. Deputy L.M.C. Doublet :.............................................................51

13. Deputy J.M. Maçon of St. Saviour of the Minister for Education regarding the number of people who could not pursue higher education despite wanting to do so: [9526]........51 Deputy R.G. Bryans (The Minister for Education):...........................................51

1. Deputy J.M. Maçon:.................................................................52
2. Deputy G.P. Southern : ..............................................................52
3. Deputy G.P. Southern : ..............................................................52
4. Deputy M. Tadier :...................................................................52
5. Deputy M. Tadier :...................................................................53
6. Deputy J.M. Maçon:.................................................................53

14. The Deputy of St. John of the Chief Minister regarding the assumptions used to estimate the net migration figure in the interim population policy: [9525]........................53 Senator P.F. Routier (Assistant Chief Minister - rapporteur):.................................53

1. The Deputy of St. John:..............................................................53
2. Deputy R.J. Renouf of St. Ouen : ....................................................54
3. Senator Z.A. Cameron:..............................................................54
4. Deputy M. Tadier :...................................................................54
5. Deputy M. Tadier :...................................................................55
6. Deputy M.R.Higgins:...............................................................55
7. Deputy G.P. Southern : ..............................................................55
8. Deputy J.A. Hilton:..................................................................56
9. Deputy J.A.N. Le Fondré: ...........................................................56
10. The Deputy of St. John:...........................................................56

15. Deputy J.M. Maçon of the Chief Minister regarding the consistency of the migration figure with the government's migration policy: [9527] .................................57 Senator I.J. Gorst (The Chief Minister):......................................................57

1. Deputy J.M. Maçon:.................................................................57
2. Deputy J.A. Hilton:..................................................................57
3. Deputy J.A.N. Le Fondré: ...........................................................57
4. Deputy G.P. Southern : ..............................................................58
5. Deputy M. Tadier :...................................................................58
6. Deputy J.M. Maçon:.................................................................58

16. Deputy M.R. Higgins of the Minister for Treasury and Resources regarding research commissioned into the Jersey tax system: [9538].......................................59 Senator A.J.H. Maclean (The Minister for Treasury and Resources):.........................59

1. Deputy M.R.Higgins:...............................................................59
2. Deputy R. Labey :....................................................................59
3. Deputy M.R.Higgins:...............................................................60

17. Deputy S.Y. Mézec of the Minister for Treasury and Resources regarding measures taken in 2015 to reduce the wage bill of the States of Jersey: [9536]....................60 Senator A.J.H. Maclean (The Minister for Treasury and Resources):.........................60

3.17.1 Deputy S.Y. Mézec :.................................................................60

STATEMENTS ON A MATTER OF OFFICIAL RESPONSIBILITY........................60

4. The Chief Minister will make a statement regarding the Referendum on the United Kingdom's Withdrawal from the European Union....................................60

4.1 Senator I.J. Gorst (The Chief Minister):................................................61

1. Deputy J.A. Hilton:.....................................................................62
2. Deputy M.R.Higgins:..................................................................62
3. Deputy G.P. Southern :..................................................................63
4. The Deputy of St. John:................................................................63
5. Deputy S.Y. Mézec :....................................................................64
6. Deputy R. Labey : ......................................................................64
7. The Deputy of Grouville :...............................................................64
8. Deputy M. Tadier :......................................................................65
9. Deputy M. Tadier :......................................................................65
10. Connétable D.W. Mezbourian of St. Lawrence:......................................65

QUESTIONS - resumption......................................................................66

5. Questions to Ministers without notice - The Minister for Home Affairs ..............66

1. Deputy J.A. Hilton:.....................................................................66 Deputy K.L. Moore of St. Peter (The Minister for Home Affairs):............................66

1. Deputy J.A. Hilton:.....................................................................66
   2. Deputy M.R.Higgins:..................................................................66

5.2.1 Deputy M.R. Higgins:..................................................................67

3. Deputy L.M.C. Doublet :................................................................67

5.3.1 Deputy L.M.C. Doublet :................................................................67

4. Deputy A.D. Lewis :....................................................................67
5. Deputy G.P. Southern :..................................................................67

5.5.1 Deputy G.P. Southern :..................................................................68

6. Deputy A.D. Lewis :....................................................................68
7. Deputy M.R.Higgins:..................................................................68

5.7.1 Deputy M.R. Higgins:..................................................................68

8. Deputy J.A. Hilton:.....................................................................69
9. Deputy G.P. Southern :..................................................................69
10. The Deputy of Grouville :...............................................................69
11. Deputy A.D. Lewis :....................................................................69

12. Deputy M. Tadier :......................................................................69

6. Questions to Ministers without notice - The Chief Minister............................70

1. Deputy M.R.Higgins:..................................................................70

Senator I.J. Gorst (The Chief Minister):......................................................70

2. The Connétable of St. Saviour:.........................................................70
3. The Connétable of Grouville :...........................................................71
4. Deputy M.R.Higgins:..................................................................71
5. Deputy M. Tadier :......................................................................71
6. Deputy R. Labey : ......................................................................72
7. Deputy A.D. Lewis :....................................................................72
8. Deputy M. Tadier :......................................................................73
9. Deputy M. Tadier :......................................................................73
10. Deputy M.R.Higgins:..................................................................73
11. Deputy J.A. Hilton:.....................................................................73

6.11.1 Deputy J.A. Hilton:..................................................................74 Deputy A.D. Lewis :..........................................................................74

LUNCHEON ADJOURNMENT PROPOSED..................................................74 LUNCHEON ADJOURNMENT................................................................75 PUBLIC BUSINESS.............................................................................75

7. Draft Dormant Bank Accounts (Jersey) Law 201- (P.25/2016)........................75

1. Senator P.F.C. Ozouf (Assistant Chief Minister - rapporteur):..........................75

1. The Connétable of St. John:............................................................76
2. Senator P.F. Routier: ...................................................................76
3. Deputy S.M. Brée of St. Clement:......................................................77
4. Senator Z.A. Cameron:.................................................................77

2. Senator P.F.C. Ozouf :..................................................................79

1. The Connétable of St. John:............................................................81
2. Deputy M.R.Higgins:..................................................................81
3. The Very Reverend R.F. Key, B.A., The Dean of Jersey:...............................82
4. Deputy D. Johnson of St. Mary:........................................................82
5. Senator A.K.F. Green: ..................................................................82
6. The Deputy of St. Ouen:................................................................83
7. Senator I.J. Gorst :......................................................................83
8. Deputy M. Tadier :......................................................................83
9. Deputy S.M. Brée:......................................................................84
10. Deputy M.J. Norton of St. Brelade : ..................................................85
11. Deputy G.P. Southern : ..............................................................85
12. Senator P.F.C. Ozouf : ...............................................................85

3. Senator P.F.C. Ozouf :..................................................................91

1. Deputy M.R.Higgins:..................................................................91
2. Senator P.F.C. Ozouf :..................................................................91

4. Senator P.F.C. Ozouf :..................................................................93

8. Draft Sea Fisheries (Bag Limits) (Jersey) Regulations 201- (P.45/2016)...............93

1. Deputy S.G. Luce of St. Martin (The Minister for Environment): ......................93

1. The Deputy of St. Mary:................................................................97
2. Deputy M. Tadier :......................................................................97
3. The Connétable of St. Lawrence:.......................................................98
4. Deputy A.D. Lewis :....................................................................98
5. Deputy J.A. Martin:....................................................................99
6. The Deputy of St. Martin:..............................................................99

2. The Deputy of St. Martin:.............................................................102

1. Deputy M. Tadier :....................................................................102 Mr. M.H. Temple Q.C., H.M. Solicitor General:............................................103
2. The Deputy of St. Martin:.............................................................104

9. Draft Sea Fisheries (Inshore Trawling, Netting and Dredging) (Amendment No. 2) (Jersey) Regulations 201- (P.46/2016)..................................................105

1. The Deputy of St. Martin (The Minister for Environment):............................105

1. Deputy M. Tadier :....................................................................106
2. The Connétable of St. John:...........................................................106
3. Deputy A.D. Lewis :...................................................................107
4. Deputy M.R.Higgins:.................................................................107
5. The Deputy of St. Martin:.............................................................108

2. The Deputy of St. Martin:.............................................................110

10. Draft Sea Fisheries (Inshore Waters) (Amendment) (Jersey) Regulations 201- (P.47/2016)..............................................................................112

1. The Deputy of St. Martin (The Minister for Environment):............................113

1. Deputy M. Tadier :..................................................................113
2. Deputy A.D. Lewis : ................................................................114
3. Deputy S.M. Brée: .................................................................115
4. The Deputy of St. Martin : ..........................................................116

2. The Deputy of St. Martin:.............................................................118
3. The Deputy of St. Martin:.............................................................119

1. Deputy M. Tadier :..................................................................119
2. Senator P.F. Routier:...............................................................119
3. The Deputy of St. Martin : ..........................................................120

11. Draft Sea Fisheries (Minimum Size Limits) (Amendment No. 5) (Jersey) Regulations 201- (P.48/2016)........................................................................121

1. The Deputy of St. Martin (The Minister for Environment):............................121
2. The Deputy of St. Martin:.............................................................122

12. Draft Policing of Beaches (Amendment No. 11) (Jersey) Regulations 201- (P.49/2016) ..........................................................................................123

12.1 Senator L.J. Farnham (The Minister for Economic Development, Tourism, Sport and Culture):..............................................................................123 Deputy M. Tadier : ..........................................................................124

13. Draft Amendment (No. 29) of the Standing Orders of the States of Jersey (P.62/2016) ..........................................................................................124

13.1 The Deputy of St. Martin (The Minister for Environment):............................124

ARRANGEMENT OF PUBLIC BUSINESS FOR FUTURE MEETINGS ..................125

14. Connétable L. Norman of St. Clement (Chairman, Privileges and Procedures Committee): ..........................................................................125

ADJOURNMENT..............................................................................125

[9:30]

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

1. Welcome to H.E. The Lieutenant Governor

The Bailiff :

First of all I would like to take the opportunity, as usual, of welcoming His Excellency to the Chamber. [Approbation]

2. Resignation of Deputy S.M. Wickenden of St. Helier as a member of the Public Accounts Committee

Secondly, I give notice to Members that I have been contacted by Deputy Wickenden who has told me he is resigning as a member of the Public Accounts Committee, having been contacted by the Chief Minister and offered the position as Assistant Minister with responsibility for eGovernment. [Approbation]

3. Retirement of Jurat Marrett-Crosby

Next, I would like to mention that Jurat Marrett-Crosby retired yesterday. I was going to say it was Friday but in fact it was yesterday, and there is therefore going to be a vacancy for the officer of Jurat. I give notice to Members that the election, if there is one, if there is more than one candidate, will take place at 9.30 a.m. on 28th July in the Royal Court. I very much hope that as many Members as possible will be able to attend because the election of a Jurat is an important part of our democracy.

4. Commemoration of the arch at Weighbridge Place and World War 1 Battle of the Somme

I would also like to take the opportunity of mentioning to Members 2 events for this coming Friday. Not just mentioning it to Members, because you probably will be aware of it already, but also for any members of the public who are listening. The first is the commemoration of the arch at Weighbridge Place at 12 noon, and the second is the commemoration of the Battle of the Somme, which is going to take place in Howard Davis Park. There are no tickets for the commemoration of the arch at Weighbridge Place but the Somme event will be a ticketed event in the evening and Members and the public will be asked to be in their seats by 8.30 p.m. It starts at 9.00 p.m. and tickets are available, for those who are not invited, from the Bailiff 's Chambers.

5. States Members' cricket match

Finally, I would like to congratulate Members of this Assembly who have been successful in ensuring that the proper order is re-established with the cricket match against Guernsey. [Approbation] Congratulations to the Connétable of St. Brelade, who captained the team and the complete commitment of all Members, including Senator Routier who I am told broke his arm playing. Strained it. Obviously a strain on Senator Routier's arm is very important but we now come on to more important business, even so.

QUESTIONS

2. Written Questions

1. DEPUTY J.A.N. LE FONDRÉ OF ST. LAWRENCE OF THE CHIEF MINISTER REGARDING HOUSEHOLD TAXES AND CHARGES: [9501]

Question

Would the Minister complete a table utilising the description of household identified in Appendix B of P.58/2006, and for each of the household scenarios there set out, indicate the amounts payable by that household scenario for each of the years 2005, 2010, 2012 and 2015 in respect of:

1. income tax ;
2. GST, based on estimated household expenditure, per the relevant / most recent household spending survey;
3. long term care charge ("LTC");
4. social securitycosts, assuming that all income is earned, all earners are employed rather than self employed, andalsoassuming a 60% / 40% split of income between the couples wherebothare working ; and
5. Where children are referred to, take account (where necessary) of any changes in nursery education funding, and assume (where indicated) that one child may also be at a States fee paying school. Assume that any changesinStates funding of education costs / grants during the period from 2005 to 2015 was fully passed on to the household by the year in question.
6. Please provide a net total for each of the categories (a) – (e ) specified above for each relevant year.

Answer

The level of detail being requested in this question (and in questions 9501, 9502, 9503, 9504, 9511) requires significant research and evaluation covering the years 2005 – 2019, and 200 different household types. It also covers all individual benefits, charges and tax changes - some of which have altered significantly (for example Income Support was not in place in 2005) and some of which remain under development (such as the Community Infrastructure Levy). There is also an element of subjectivity where assumptions would need to be made, for example:

• In the estimation of GST costs for household types
• Whether there is additional support, financial or otherwise, available privately (for example from extended families) for education costs
• Property tenure and rental levels to determine Income Support eligibility.

As such, this is a significant and intensive piece of work, toward which resources will be directed over the summer period, with the aim of providing a practical, informative and representative response to Members at the beginning of September 2016, and prior to the MTFP Addition debate.

At the same time, we should not focus solely on how income is raised and benefits are applied. Equally important is how the wide range of government expenditure is prioritised and allocated, who it helps, and the impact of these decisions on the wider economy, our cost of living, and our standards of living.

This is why the MTFP Addition is supported by the distributional assessment considering how income and expenditure measures affect different income groups, and the findings of the Fiscal Policy Panel on the economic impact of the MTFP Addition.

All this means that very extensive work is being undertaken as part of the planning of our public finances, making sure they deliver the best possible outcome for Islanders.

2. DEPUTY J.A.N. LE FONDRÉ OF ST. LAWRENCE OF THE CHIEF MINISTER REGARDING RECEIVABLE HOUSEHOLD INCOME: [9502]

Question

For the Household scenarios and years identified in Q9501, please provide the financial impact of any items within the remit of Social Security that might be receivable for each household scenario where applicable, (for example GST food costs bonus; income support payments; free TV license; Christmas Bonus; Cold Weather Bonus; Winter Fuel Allowance etc), and providing a sub-total of all such items included against each household scenario. Assume that any benefits that are triggered by a set of external circumstances (for example temperature) are applied consistently in each of the years for which these calculations are performed.

Answer

The level of detail being requested in this question (and in questions 9501, 9502, 9503, 9504, 9511) requires significant research and evaluation covering the years 2005 – 2019, and 200 different household types. It also covers all individual benefits, charges and tax changes - some of which have altered significantly (for example Income Support was not in place in 2005) and some of which remain under development (such as the Community Infrastructure Levy). There is also an element of subjectivity where assumptions would need to be made, for example:

• In the estimation of GST costs for household types
• Whether there is additional support, financial or otherwise, available privately (for example from extended families) for education costs
• Property tenure and rental levels to determine Income Support eligibility.

As such, this is a significant and intensive piece of work, toward which resources will be directed over the summer period, with the aim of providing a practical, informative and representative response to Members at the beginning of September 2016, and prior to the MTFP Addition debate.

At the same time, we should not focus solely on how income is raised and benefits are applied. Equally important is how the wide range of government expenditure is prioritised and allocated, who it helps, and the impact of these decisions on the wider economy, our cost of living, and our standards of living.

This is why the MTFP Addition is supported by the distributional assessment considering how income and expenditure measures affect different income groups, and the findings of the Fiscal Policy Panel on the economic impact of the MTFP Addition.

All this means that very extensive work is being undertaken as part of the planning of our public finances, making sure they deliver the best possible outcome for Islanders.

3. DEPUTY J.A.N. LE FONDRÉ OF ST. LAWRENCE OF THE CHIEF MINISTER REGARDING HOUSEHOLD INCOME SCENARIOS FOR MARRIED PERSONS: [9503]

Question

Please perform the same calculations as required by Q 9501 and Q9501 for the following household scenarios:

Answer

The level of detail being requested in this question (and in questions 9501, 9502, 9503, 9504, 9511) requires significant research and evaluation covering the years 2005 – 2019, and 200 different household types. It also covers all individual benefits, charges and tax changes - some of which have altered significantly (for example Income Support was not in place in 2005) and some of which remain under development (such as the Community Infrastructure Levy). There is also an element of subjectivity where assumptions would need to be made, for example:

• In the estimation of GST costs for household types
• Whether there is additional support, financial or otherwise, available privately (for example from extended families) for education costs
• Property tenure and rental levels to determine Income Support eligibility.

As such, this is a significant and intensive piece of work, toward which resources will be directed over the summer period, with the aim of providing a practical, informative and representative response to Members at the beginning of September 2016, and prior to the MTFP Addition debate.

At the same time, we should not focus solely on how income is raised and benefits are applied. Equally important is how the wide range of government expenditure is prioritised and allocated, who it helps, and the impact of these decisions on the wider economy, our cost of living, and our standards of living.

This is why the MTFP Addition is supported by the distributional assessment considering how income and expenditure measures affect different income groups, and the findings of the Fiscal Policy Panel on the economic impact of the MTFP Addition.

All this means that very extensive work is being undertaken as part of the planning of our public finances, making sure they deliver the best possible outcome for Islanders.

4. DEPUTY J.A.N. LE FONDRÉ OF ST. LAWRENCE OF THE CHIEF MINISTER REGARDING HOUSEHOLD INCOME SCENARIOS FOR SINGLE PERSONS AND MARRIED OLD AGED PENSIONERS: [9504]

Question

Please perform the same calculations as required by Q 9501 and Q9501 for the following household scenarios:

Answer

The level of detail being requested in this question (and in questions 9501, 9502, 9503, 9504, 9511) requires significant research and evaluation covering the years 2005 – 2019, and 200 different household types. It also covers all individual benefits, charges and tax changes - some of which have altered significantly (for example Income Support was not in place in 2005) and some of which remain under development (such as the Community Infrastructure Levy). There is also an element of subjectivity where assumptions would need to be made, for example:

• In the estimation of GST costs for household types
• Whether there is additional support, financial or otherwise, available privately (for example from extended families) for education costs
• Property tenure and rental levels to determine Income Support eligibility.

As such, this is a significant and intensive piece of work, toward which resources will be directed over the summer period, with the aim of providing a practical, informative and representative response to Members at the beginning of September 2016, and prior to the MTFP Addition debate.

At the same time, we should not focus solely on how income is raised and benefits are applied. Equally important is how the wide range of government expenditure is prioritised and allocated, who it helps, and the impact of these decisions on the wider economy, our cost of living, and our standards of living.

This is why the MTFP Addition is supported by the distributional assessment considering how income and expenditure measures affect different income groups, and the findings of the Fiscal Policy Panel on the economic impact of the MTFP Addition.

All this means that very extensive work is being undertaken as part of the planning of our public finances, making sure they deliver the best possible outcome for Islanders.

5. THE DEPUTY OF ST. JOHN OF THE MINISTER FOR INFRASTRUCTURE REGARDING THE CONDITION OF PROPERTY AND INFRASTRUCTURE WITHIN PUBLIC OWNERSHIP: [9505]

Question

Notwithstanding the capital programme agreed by the States Assembly, could the Minister advise, as at 2016 and taking account of the current condition of property and infrastructure within public ownership and under his remit, what the actual cost would be to maintain (a) this property, and (b) this infrastructure, in terms of revenue and capital expenditure and state whether sufficient funds are being allocated to meet the standards expected by the public?

Answer

The Department for Infrastructure has a large and wide ranging portfolio of property and infrastructure assets that it is responsible for the maintenance and safe stewardship of. These assets have very differing needs in terms of serviceable life, cyclical investment requirement and

replacement cost. The investment needs of a highway or seawall, vary significantly from that of a Green Waste facility, sewage treatment works or Energy from Waste Plant.

Likewise the investment needs of these are often not directly comparable, thus the response has been broken down by area and caveated as appropriate to the specific asset class.

1. PROPERTY

The Department has an allocated property maintenance budget of £7.45 million in 2016 that is specifically allocated between Mandatory, Cyclical and Reactive Maintenance Works and Small Works Projects.

Maintenance funding is targeted to the operational property estate in a priority order to address Health and Safety matters, maintenance of structure and services, operational continuity and improvement works.

Funding of £750,000 is directed to ensure buildings meet all necessary statutory compliance requirements and to address any works identified.

Funding of £1.3 million is directed to cyclical maintenance works that seek to preserve the existing structure and services to avoid deterioration that would lead to extensive refurbishment or capital investment.

Funding of £1.3 million is directed to general reactive maintenance works that seek to preserve the existing structure and services by addressing general property reactive requirements.

The balance of funding is of £4.1 million is directed to the undertaking and approval of Small Works Maintenance Projects to maintain and improve the property condition to benefit service delivery by occupiers going forward.

These maintenance works will preserve the integrity of building fabric and services during the useful life of a building, but inevitably buildings become functionally and physically obsolete and will require more extensive remodelling or redevelopment.

Extensive refurbishment works identified through the small works investigation is predominantly channelled into the future capital investment requirement and bids into the capital programme are made in the name of the occupying department with input from the Department.

In recent years, capital bids have consistently exceeded capital funds available and programmes have had to be tailored to meet funding availability. Unsatisfied property related bids into the MTFP capital programme for 2016 – 2019 total some £30 million, which will need to be rebid for the next MTFP period along with other identified property investment requirements, such as funding to deliver renewal of much of the Mental Health estate and significant investment into the Highlands College campus. This provides another indication of the pent up demand for capital funding for the operational property estate.

A further indicator of investment requirement is the level of annual depreciation of £18.5 million in 2016. This is a crude measure of the erosion of value of built assets but gives a reasonable indication of the level of investment funding required to maintain the existing portfolio.

The majority of operational buildings are valued on a depreciated replacement cost' basis, which is a cost-based method of arriving at a value for assets which are normally never exposed to the open market. This methodology recognises the modern equivalent value of the asset to be replaced but does not incorporate any increases in service demand or other cost drivers, such as technological changes, building bye-law requirements or other legislative changes and other factors that could lead to a replacement building being more costly than its predecessor.

2. INFRASTRUCTURE

Determining the level of investment required to both maintain and replace large infrastructure assets with long serviceable lives is a complex process that is difficult to forecast with accuracy, particularly the further one looks into the future.

Developing a maintenance programme for networks, such as roads and sewer systems, requires detailed analysis of current condition, an estimate of future usage and assumptions as to costs going forwards based on local and international inflation factors, such as costs of labour and materials, emergent technologies, changes in regulatory requirements, potential impacts of climate change and the demand for services.

In addition, some the assets generate revenue in their own right through user charges and this revenue is subject to normal market forces, such as demand associated with the buoyancy of the economy, costs of consumables and energy etc.

One approach to considering investment requirements is to take the current value of these network assets and divide by their useful life to produce an approximate proxy sum for annual investment.

The following table provides an approximate assessment of the various infrastructure asset classes to demonstrate the requirement, projecting 2016 base budgets forward and ignoring inflation.

Infrastructure Asset Class

 (approx current value) £m Highways 480 Drainage Network and Pumping Stations 196 Sea Defences 242

Other Major Assets

 (approx replacement costs) £m Sewage Treatment Works & Sludge Treatment 75 Energy From Waste plant 120 Green Waste process and Incinerators 5

expected life (yr) 30 - 50+

50 - 100+ 100+

expected life (yr) 25 - 50

25 - 35 5 - 15

Annual Funding

2016 2017 2018 2019 + Capital £m  £m  £m  £m Infrastructure Allocation 3.9 4.2 6.1 12 - 14 plus STW Replacement allocation from Infrastructure 4.5 4.5 8

Replacement Assets (non-Infrastructure) 1.6 1.6 4 4.0 - 5.0

Annual Revenue Maintenance Budgets £m Solid and Liquid Waste * 2.7 Highways 0.5 Sea Defences 0.35

* excluding routine maintenance undertaken by operational staff in EFW and STW for example

Given the many assumptions contained within these calculations, the absolute value of the figures should note be relied upon per se but rather considered as indicative of the scale of maintenance challenge to be addressed by the States and the funding models it adopts, if it is to continue to provide good stewardship of this important public infrastructure.

6. DEPUTYM.TADIEROFST.BRELADEOF THE CHIEF MINISTER REGARDING THE DUAL ROLE OF THE BAILIFF: [9506]

Question

Does the Council of Ministers agree that the dual role of the Bailiff in Jersey as both Chief Justice and Speaker of Jersey's legislature is at odds with international parliamentary best practice and what would the consequences be for Jersey's international reputation were the States to reject P.54/2016 Bailiff of Jersey: cessation of dual role and the appointment of an elected Speaker of the States' and vote not to implement a separation of powers with regard to the dual role of Jersey's Chief Justice and Speaker of the Jersey Assembly? Moreover, will the Chief Minister confirm whether collective responsibility will be exercised on this proposition, and if not, why not?

Answer

P.54/2016 Bailiff of Jersey: cessation of dual role and the appointment of an elected Speaker of the States' relates to the composition, practices and procedures of the States Assembly. It is therefore a matter for the consideration of the States Assembly and falls within the remit of the Privileges and Procedures Committee (Standing Order 128(a). As such, the Council of Ministers is not required to adopt a collective position.

It is, therefore, for Ministers and Assistant Ministers to respond to the Proposition in accordance with their individual views on the outcome which would be most suitable for the States Assembly.

My comments on this matter have previously been set out clearly in P.160Com(4)/2013 (Elected Speaker of  the  States  (P.160/2013):  Comments1)  which  are  extensively  replicated  within  the Proposition.

7. DEPUTY M. TADIER OF ST. BRELADE OF THE MINISTER FOR EXTERNAL RELATIONS REGARDING THE DUAL ROLE OF THE BAILIFF: [9507]

Question

With  regard  to  the  proposition  P.54/2016   Bailiff  of  Jersey:  cessation  of  dual  role  and  the appointment of an elected Speaker of the States', does the dual role of the Bailiff of Jersey as both Chief Justice and speaker of Jersey's legislature comply with international parliamentary best practice and would a decision to retain the current position and not to implement a separation of powers impact upon Jersey's international reputation?

Answer

The longstanding and unique constitutional position of the Bailiff is not simply a question of international parliamentary best practice. While comparisons with international best practice may be helpful, they must be seen in the light of what is appropriate for Jersey within the context of our own parliamentary system, our unique constitutional position and reflect the views of the public of Jersey.

In my view, there is no substantial evidence that the current position has an impact on Jersey's international reputation.

8. DEPUTY M. TADIER OF ST. BRELADE OF THE MINISTER FOR ECONOMIC DEVELOPMENT, TOURISM, SPORT AND CULTURE REGARDING THE DUAL ROLE OF THE BAILIFF: [9508]

Question

1 http://www.statesassembly.gov.je/AssemblyPropositions/2013/P.160-2013Com(4)corrected.pdf

With regard to the proposition P.54/2016 Bailiff of Jersey: cessation of dual role and the appointment of an elected Speaker of the States', would a decision to retain the current position of the Bailiff of Jersey as both Chief Justice and speaker of Jersey's legislature impact upon Jersey's international reputation and, consequently, its economy?

Answer

I am not aware of any substantial evidence that the current position has an impact on Jersey's international reputation or economy.

9. DEPUTY M. TADIER OF ST. BRELADE OF THE CHAIRMAN OF THE EDUCATION AND HOME AFFAIRS SCRUTINY PANEL REGARDING MEANS TESTING THE PROVISION OF FREE NURSERY CARE: [9510]

Question

Further to the publication on 14th June 2016 of the Panel's report Nursery Education Fund' (S.R.2/2016), does the Panel intend to conduct a review into the efficiency or otherwise of the Minister's decision to means test the provision of 20 free hours' nursery care, as opposed to providing universal funding?

Answer

In the Panel's report (S.R.2/2016) on the Minister for Education's original proposals to means test parents for eligibility to 20 hours a week of nursery education funding for their child in a private nursery, we concluded that the policy to establish a £75,000 threshold had not been adequately researched, or subjected to impact assessment. This led to many significant issues being raised that the Minister has been unable to adequately answer. The Panel strongly recommended that, until such time as proposals were developed with appropriate levels of research, impact assessments or consultation with stakeholders, the proposition should be withdrawn.

Whilst the Minister has withdrawn the original £75,000 threshold and replaced it with a proposed sliding scale upwards from £85,000, the Panel is not yet satisfied that this revised means testing policy has been developed with any more appropriate levels of research, impact assessments or consultation with stakeholders. In the absence of such information we are unable to satisfactorily complete a full and objective assessment of the efficiency or appropriateness of introducing means testing in place of a universal funding provision, or reach a suitably informed conclusion.

The Panel will shortly begin work reviewing relevant parts of the forthcoming MTFP Addition. This may include further examination of nursery education funding if, as anticipated, it is contained within the MTFP Addition. We will report our findings and recommendations publically to the States at the earliest opportunity.

10. DEPUTY J.A.N. LE FONDRÉ OF THE CHIEF MINISTER REGARDING THE PROPOSED INTRODUCTION OF HEALTHCARE, WASTE DISPOSAL AND COMMUNITY INFRASTRUCTURE CHARGES: [9511]

Question

1. For questions 9501,9502, 9503 and 9504, please update all calculations for the year 2019, and identify separately for each household scenario therein the amounts for the healthcare charge, the waste disposal charge and the community infrastructure levy (all as proposed in the MTFP Addition) and as applicable to the household scenarios in the questions identified.

2. In respect of questions 9501 to 9504 and this question, please complete the table below, showing under each year the totalof (f) from 9501 added to the calculations from 9502, and perform the same for the scenarios identified in questions 9503and 9504:

3. In  respect  of part  (ii)  above  please  produce  the  same  table  but  showing  as  a percentage, the result ofthetotal for each year divided by the relevant household income.

Answer

The level of detail being requested in this question (and in questions 9501, 9502, 9503, 9504, 9511) requires significant research and evaluation covering the years 2005 – 2019, and 200 different household types. It also covers all individual benefits, charges and tax changes - some of which have altered significantly (for example Income Support was not in place in 2005) and some of which remain under development (such as the Community Infrastructure Levy). There is also an element of subjectivity where assumptions would need to be made, for example:

• In the estimation of GST costs for household types
• Whether there is additional support, financial or otherwise, available privately (for example from extended families) for education costs
• Property tenure and rental levels to determine Income Support eligibility.

As such, this is a significant and intensive piece of work, toward which resources will be directed over the summer period, with the aim of providing a practical, informative and representative response to Members at the beginning of September 2016, and prior to the MTFP Addition debate.

At the same time, we should not focus solely on how income is raised and benefits are applied. Equally important is how the wide range of government expenditure is prioritised and allocated, who it helps, and the impact of these decisions on the wider economy, our cost of living, and our standards of living.

This is why the MTFP Addition is supported by the distributional assessment considering how income and expenditure measures affect different income groups, and the findings of the Fiscal Policy Panel on the economic impact of the MTFP Addition.

All this means that very extensive work is being undertaken as part of the planning of our public finances, making sure they deliver the best possible outcome for Islanders.

11. DEPUTY  M.R. HIGGINS  OF  ST.  HELIER  OF THE  CHIEF  MINISTER REGARDING  THE  IMPACT  OF  FOREIGN CAPITAL  UPON  THE  HOUSING MARKET: [9512]

Question

What research, if any, has been undertaken into the impact of foreign capital upon the housing market and, in particular, the number of houses bought by funds in the buy-to-let market and its impact on house prices generally and will he publish this information? If the Minister does not have the information will he agree to research its impact on –

1. housing prices;
2. the ability of local people to get onto the housing ladder;

3. rental prices; and
4. house price inflation?

Answer

In Jersey, the ownership and occupation of freehold properties is reserved almost exclusively for people approved under the Control of Housing and Work Law as having entitled or licenced status. The only properties that can be brought by people without their qualifications are share transfer properties, which are substantially flats. The lead statistical indicator in this area, the House Price Index, shows that the prices of one and two bedroom have remained stable in recent years.

So, while the Control of Housing and Work (Jersey) Law 2012 does not prevent investment in share transfer properties, it does restrict the ability of non-locally qualified persons to occupy such properties, and where foreign investment does take place, it makes available additional homes for the private rental sector, which contributes towards meeting our housing needs, and we are not experiencing price increases.

For these reasons, it is more beneficial for us to continue to focus on delivering the published housing strategy – focusing on delivering more supply in the private and social housing sectors, initiatives to get the best use out of our existing housing stock, improving standards and our neighbourhoods.

12. DEPUTY M.R. HIGGINS OF ST. HELIER OF THE MINISTER FOR HOME AFFAIRS REGARDING INVESTIGATIONS BY EXTERNAL POLICE FORCES: [9513]

Question

How many times has Article 26 of the States of Jersey Law been used to authorize an external police force to conduct an investigation into any matter since ministerial government was introduced in 2005? How many times, and for what purpose, has Article 26 been used in the same time period? Are investigations by external police forces are usually determined by the Chief of the States of Jersey Police and is the cost usually met from the Police budget?

Answer

Article 26 of the States of Jersey Law 2005 provides Ministers with powers to enter into agreements for any purpose of their office, acquire, hold and dispose of movable property, do any other thing which the Ministers can do by virtue of their office, and do anything reasonably necessary or expedient for or incidental to any of the aforementioned matters. These general powers provide a legal basis for numerous and various actions, decisions and functions undertaken by Ministers on a daily basis in the performance of their role and duties as Ministers. Therefore, there is no record of how many times and for what purpose Article 26 has been used since 2005, nor is there a record of the Minister having utilised Article 26 other than further to the recent complaint made by Mr Roy Boschat.

If it is appropriate for an external police force to investigate a matter, ordinarily the Chief Officer of the States of Jersey Police would invite an external police force to do so, and the cost would be absorbed by the police budget. In exceptional circumstances, for example, where the Chief Officer of the States of Jersey Police refers a complaint about the States of Jersey Police to the Minister, the power in Article 26 of the States of Jersey Law 2005 to enter into an agreement (with an external police force) can be utilised. A decision on which budget may be used to pay for an investigation would depend on factors such as the nature, extent and estimated cost of an external investigation.

13. H.M. ATTORNEY GENERAL WILL TABLE AN ANSWER TO A QUESTION ASKED BY DEPUTY M.R. HIGGINS OF ST. HELIER REGARDING HIS POWERS TO CONDUCT CRIMINAL PROSECUTIONS: [9514]

Question

Will H.M. Attorney General publish the source of his powers exclusively to conduct all criminal prosecutions in Jersey? Will he further identify the legislative provisions that cover his role in overseeing the charging decisions of Centeniers in Parish Hall Inquiries and in the Magistrate's Court and his power to discipline Centeniers for any infractions or failures in their duties with regard to their role in prosecutions?

Answer

The exclusive power of the Attorney General to bring criminal prosecutions is a customary law power confirmed subsequently by statute.

An Order of the Privy Council of 23 November 1749 declared that:

"the Procureur is the superior officer and the proper person to commence and carry on all criminal prosecutions"

The 1847 Commissioners' report on Criminal Law confirmed this position. The then Bailiff of Jersey, Sir John de Veulle, stated :

"In all criminal cases, or such as partake with that character, without exception, the Attorney General is, ex officio, public and only prosecutor, by whom all proceedings against a party accused are instituted and conducted".

The position was summarised thus in Charles Le Quesne's 1856 "A Constitutional History of Jersey":

"He is, from his office, public prosecutor. No individual is allowed to prosecute for crime, except the Attorney-General, on behalf of the Crown. All reports of the police to the Royal Court are to be presented to him, and the accusations against prisoners, in consequence of those written reports, are brought forward by him He is the upholder of public order, and can prosecute for all crimes and misdemeanours."

This was enshrined in statute by Article 6 of the "Loi (1864) Réglant la Procedure Criminelle" as follows:

"Les poursuites auront lieu au nom du Procureur-Général; mais l'Avocat-Général pourra conduire la cause et prendre la parole, soit en la présence soit en l'absence du Procureur-Général, selon qu'ils en conviendront"[Prosecutions shall be undertaken in the name of Her Majesty's Attorney General, but Her Majesty's Solicitor General may conduct the case and make speeches, either in the presence or in the absence of the Attorney General, as they may agree].

The Attorney General's customary supervisory role over the Honorary Police is also confirmed by 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" and Article 3(4) of the same Law provides that:

"Where a Centenier declines to charge any person, the Attorney General may give such directions to such persons as the Attorney General thinks appropriate."

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.

14. DEPUTY  M.R. HIGGINS  OF  ST.  HELIER  OF THE  CHIEF  MINISTER REGARDING THE ESTABLISHMENT OF CHURCHES: [9516]

Question

What are the rules relating to the establishment of churches in the Island other than the established church? What are the rules relating to church clerical staff being allowed to live in the Island temporarily or permanently?

Answer

All churches with paid staff need a business licence under the Control of Housing and Work (Jersey) Law, 2012, in the same way as any other organisation with paid staff.

Any licence issued must specify the maximum number, if any, of registered or licenced staff permitted, with any licenced staff having immediate access to qualified housing. All staff, in the same way as anyone else moving to Jersey, are required to obtain a registration card which outlines their residential status, and persons from outside the European Union/European Economic Area may also be required to satisfy immigration rules.

As to any other rules that would prevent the establishment of a church, there are none that are immediately apparent, appreciating that the freedom to manifest religious belief and freedom of association are rights under the Human Rights Law.

15. DEPUTY G.P. SOUTHERN OF ST. HELIER OF THE MINISTER FOR EDUCATION REGARDING TEACHING POSTS: [9517]

Question

Will the Minister list by subject, including science, maths and English, the number of teaching posts advertised, along with the number of applicants for each post, for September in each of the years 2013, 2014 and 2015?

What proportion of the appointments made in the years above were made to persons who did not have qualified teacher status or were not specialists in the relevant subject, and what proportion of secondary lessons were taught by subject specialists in 2015?

What proportion of the teacher workforce, primary and secondary were newly qualified teachers in each of the years 2013 to 2015?

Answer

Teaching posts advertised by phase and subject.

[Figures are for States schools only and for the whole calendar year. Some posts may have been advertised for an additional subject: For example, English with history. These have only been counted once by main subject.]

Recruitment of newly qualified teachers.

All teachers recruited for States schools are now required to have qualified status. Information about teaching by specialists is not currently available.

16. DEPUTY  G.P.  SOUTHERN  OF ST.  HELIER OF  H.M. ATTORNEY  GENERAL REGARDING MATERNITY LEAVE RIGHTS: [9518]

Question

Can statutory employee maternity leave rights be protected under zero hours contracts, and if not, what measures might be put in place to extend this statutory right into this sector of employment?

Answer

Statutory maternity leave rights are protected under Part 5A of the Employment (Jersey) Law 2003 (the "Law") irrespective of the type of employment contract, zero hours or otherwise.

Individuals engaged under zero hour contracts are "employees" for the purposes of the Law. The term "zero hours" often refers to casual work. The main principle being that the employer does not have to offer work and when it does, it is dependent on the arrangement as to whether the employee has to accept the work offered.

Maternity Leave

Compulsory maternity leave (CML) is 2 weeks in duration and it commences on the day the child is born. An employee is not permitted to work during compulsory maternity leave (Article 55D(1) of the Law). This right is automatic and there is no qualifying period. An employee on a zero hours contract is therefore automatically entitled to 2 weeks CML. An employee on CML is only entitled to be paid remuneration by her employer if she would normally have been required to work during that period under her contract of employment (Article 55D(2) of the Law).

In addition to the 2 week leave period for CML, subject to certain conditions, an employee is entitled to unpaid ordinary maternity leave (OML) and is entitled to either 6 weeks' or 16 weeks' OML depending on their length of service. An employee who takes OML is entitled, during the period of leave, to the benefit of all of the terms and conditions of employment, except any terms and conditions about remuneration (Article 55G(1) of the Law). It is therefore for the contract to stipulate what remuneration will be paid, if any, to an employee who takes OML.

An employee who has worked for her employer for a period of less than 15 months (ending with the beginning of the expected week of childbirth) is entitled to a total of 6 weeks OML. There is no qualifying period. However, an employee who has worked for her employer for a period of 15 months or more (ending with the beginning of the expected week of childbirth) is entitled to a total of 16 weeks OML. In computing a period of employment the continuity of employment provisions under Article 60B(2) of the Law apply. Continuity of employment can be broken. It is broken if there is a week whereby the employee's relations with the employer are not governed by a contract of employment (and the conditions set out in Article 60B(2) do not apply). If it is established there is no contract of employment governing the relationship between the parties during a period where no work is undertaken by the employee (the period being no less than one week) the continuity of employment breaks.

17. DEPUTY G.P. SOUTHERN OF ST. HELIER OF THE MINISTER FOR HEALTH AND SOCIAL SERVICES REGARDING THE OUTSOURCING OF SERVICES: [9519]

Question

What measures, if any, are under consideration for the incorporation of parts of the Health and Social Services department as part of the modernisation programme, prior to future outsourcing of services?

What consultation, if any, has been had with employee representatives over the potential extent of outsourcing and what safeguards can be put in place to protect the quality of service delivery and employee terms and conditions?

Answer

There are no plans to incorporate Health and Social Services ie for it to become a company like Jersey Post, Ports of Jersey or Andium Homes. The department is, and will remain, a public service organisation.

I can confirm that I am reviewing the governance arrangements for health and social care to ensure that Jersey has the best health and social care system for the future. The review will look at how different health and social care systems across the world are organised and establish what we can learn from them and what is best for Jersey. This work is expected to begin in Q4 2016.

In terms of consultation with staff representatives over outsourcing – were this ever to arise – the Chief Officer and senior Directors of HSSD regularly meet trade union representatives in the HSSD Staff Partnership Forum where all business, finance and service developments are shared and discussed. Full details of savings plans have been shared and a commitment given that if any plans are developed that might involve outsourcing they will be subject to consultation with the unions.

The safeguards that are already in place to protect the quality of service delivery would continue to be applied by the senior clinicians and officers in the Department.

The "safeguarding of employee terms and conditions" would be managed using States' policies that have been developed in partnership with the trade unions.

18. DEPUTY  G.P.  SOUTHERN  OF  ST.  HELIER OF THE  CHIEF  MINISTER REGARDING THE MANAGEMENT OF VACANCIES ACROSS DEPARTMENTS: [9520]

Question

What policies are in place to manage vacancies across departments? To what extent are these policies reliant on the non-replacement of posts when they fall vacant, for employees to work extra shifts to cover for absent colleagues and the need to employ agency staff to fill rotas? How many agency workers have been used in each department in the first quarter of 2016 compared with the first quarter of the previous year?

Answer

Our employees are our most valuable asset. However, the public sector must react to changing circumstances, and reform is essential if we are to fund our priorities while also balancing the books by 2019.

To do this, government must innovate, learn and adapt so that every pound counts towards securing Jersey's future. In support of this, since the start of 2015:

• Actual staffing numbers (FTE) have reduced from 6,340 to 6,080, a reduction of 260
• Monthly overtime has reduced from £649,000 to £450,000

These changes have occurred as part of working with staff and their representatives to redesign the way we provide services. This is done while also managing vacancies as a means of reducing headcount  naturally as staff  leave,  undertaking  programmes such  voluntary redundancies,  and applying other policies such workforce planning, and redeployment so we protect our staff as much as possible.

This has resulted in modest fluctuations in the use of agency staff, which are measured on a rolling 12 month basis, as outlined below, as part of the overall changes that are taking place in the public sector.

Agency Staff 01/05/2015 01/07/2015 01/10/2015 01/01/2016 01/04/2016 01/05/2016 Chief Minister 19  22  20  16  21  24 Environment  2  5  5  3  4  4 EDD/EDTSC 2  2  2  - - - Education/Sport & Culture - 4  3  4  2  2 Health & Social Services 30  29  35  32  29  33 Home Affairs/CCA 12  10  14  13  13  15 Non Ministerial States  15  16  20  21  16  18

Funded

Social Security 39  39  42  37  32  32 TTS/Infrastructure 9  14  18  11  17  24 Grand Total 128  141  159  137  134  152

19. DEPUTY G.P. SOUTHERN OF ST. HELIER OF THE MINISTER FOR HEALTH AND SOCIAL SERVICES REGARDING USER PAYS CHARGES: [9521]

Question

The Minister stated during the States sitting on 14th June that he had no plans to bring forward significant user pays charges'. Could the Minister define what he meant by significant' user pays charges?

Answer

My department seeks to deliver services to Islanders in the most efficient and effective way possible, while prioritising the safety of patients. Services are always under review to ensure value for money. I was making the point that, at this time, I have no plans to bring forward such initiatives – significant' or otherwise. Was I ever to do so, those needing protection from charges would be protected.

Health and Social Services is one of the priority areas highlighted in the Strategic Plan and the Medium Term Financial Plan and consequently £40 million of additional annual funding will be provided for health and social care by 2019. As already announced, this spending will be supported by the introduction of a new health charge so we can care for Islanders as our society ages.

3. Oral Questions

1. Deputy C.F. Labey of Grouville of the Minister for Health and Social Services regarding the basis on which former residents of The Limes Residential Home had been accommodated: [9523]

Further to the Minister's answer to oral question 9455 on 24th May 2016, could he confirm that the residents of the Limes Residential Home were told in the meeting which informed them that they had to move, that they would be moved on exactly the same monetary basis as they had been accommodated at the Limes?

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

I would like to thank the Deputy for her question because it gives me an opportunity to update Members on the latest developments. On 24th May this year I apologised for any confusion over the funding issue and I now know that the meeting with relatives on 8th December 2015, when residents and families were informed of the need to close The Limes, there was no discussion regarding G.P. (General Practitioner) charges. As this aspect was not clear, I have agreed to pay the G.P. costs for a small number of former Limes' residents who are affected. So it is a small number, but all who are affected. On 17th June the first reimbursement was agreed with the family and my staff are in touch with other families that may be affected to make the necessary arrangements. Once again, I apologise for the confusion.

1. The Deputy of Grouville :

So to be absolutely clear, because obviously this message has not got out to some of the residents that are being affected by extra doctors' fees in hundreds of pounds, and they are the sort of people, before he tells me to tell them to go to claim low income support, they would not claim low income support. They probably are not eligible. But, in any respect, they would not. They have never done so. They are elderly people and they are very proud. To go back to my constituents, and those at large, the Minister is now undertaking to cover the doctors' fees .. if they were eligible to the doctors' fees in the Limes, is that what he is saying?

Senator A.K.F. Green:

That is absolutely correct. If my figures are right, I believe it affects 8 individuals, but I am not putting a limit on it. Anybody that was in The Limes, it was not clear about G.P.s, we will meet their bill.

[9:45]

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

Will the Minister confirm to Members when the decision to close The Limes was taken and whether or when it appeared on the agenda of the H.S.S.D. (Health and Social Security Department) Staff Partnership Forum where all business, finance and service developments are shared and discussed?

Senator A.K.F. Green:

That is far removed from the original question. I do not have the minutes with me, so I cannot answer that question. But I can say it was in November/December some time. I can be really upfront now because I was respectful of the patients that were in The Limes before. The reason The Limes had to close, and this message is not heard or does not want to be heard, is that when I was told as a Minister that in the event of a fire the patients would not - not unlikely - would not all get out alive, I had to do something about it.

The Bailiff :

Minister, if I may say so, I very nearly disallowed the question. This question is only about the monetary basis of the arrangements for the future and the questions do not go to The Limes generally. We have 17 questions to get through. I hope that will be helpful to Members.

2. Deputy T.A. Vallois of St. John of the Minister for Education regarding action taken to ensure that children in Jersey are prepared for economic diversification: [9524]

With the focus on jobs and growth in the States' Strategic Plan, could the Minister advise what action he is taking to ensure that children in Jersey are skilled for the future and are prepared for economic diversification, in particular employment in the digital sector?

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

Thank you to the Deputy for raising this particular subject. The Education Department recognised well ahead of the U.K. (United Kingdom) that our old I.T. (information technology) curriculum was not fit for purpose. That is why we launched the Education I.T. strategy, Thinking Differently' in 2013 to national acclaim and provided £3 million of funding. We then rewrote the I.T. curriculum switching the focus away from the I.T. skills which might prepare someone for an office job, towards understanding computing in a way that would enhance the creative use of technology in all subjects and pave the way for careers in the digital sector. Our children can now expect to learn computing, which includes coding, from key stage one to start of primary school, to key stage 4, when they take G.C.S.E. (General Certificate of Secondary Education).

1. The Deputy of St. John :

I thank the Minister for his response. It sounds like there is a positive move forward, but how consistent is the curriculum in terms of coding and support in terms of I.T. infrastructure for the schools, particularly primary school where the children's brains are like sponges at this stage and are able to create and innovate from that point of view. Could the Minister explain whether there is consistency?

Deputy R.G. Bryans:

Very happy to do so. The Deputy is quite right. Children, particularly at a primary age, are absolutely ready for this now. As part of the highly successful primary coding project, every state school has worked with specialists from Hautlieu. Teachers have been trained to deliver modern computing and our pupils have been learning a range of programming skills, system design and logical reasoning, using them to solve problems and, for instance, animate physical objects, like a robot. If you look at the secondary situation, they move then into a .. in September 2016 the new computing G.C.S.E. course starts in our secondary schools. We have also reviewed the new computing curriculum already after just 2 years to keep it up to date. It is worth mentioning Highlands, the I.T. for Business Foundation degree has seen a 40 per cent increase in applications this year. The degree continues to have outstanding employability with 95 per cent of students gaining employment in this sector on or before graduation before the 2 year programme. Plans are in place to offer a BSc (Bachelor of Science) top-up year on a part-time basis, so students can study at the same time as starting their first job. We continue to work with most of the major employers in the sector locally and have strong links with Digital Jersey. We are working more closely than ever with Digital Jersey and tech businesses and fully support Senator Ozouf 's new digital policy framework which sets out a broader digital vision for the Island.

2. Deputy S.M. Wickenden of St. Helier :

About 12 months ago we had the innovation review and on recommendation 7 under the Education and Skills Policy there was a recommendation to set up an education business partnership which said the timelines to be in place would be by this month. Could the Minister for Education please inform us on the update for the education business partnership please?

Deputy R.G. Bryans:

Yes, I can. In fact they are meeting today to discuss ways forward. It is on track and we will have finished by September this year.

3. Deputy G.P. Southern :

Will the Minister inform Members whether money from the I.T. strategy has been diverted into funding the Pupil Premium and other education spending rather than I.T.?

Deputy R.G. Bryans:

No, it has not.

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

Does the Minister agree or recognise that alongside the basics perhaps the most important skills to prepare our children for the future jobs are the soft skills that the industry seem to want and things like problem-solving skills. How is the Minister ensuring that there is space to teach these types of creative soft skills and problem-solving skills in a curriculum that is becoming ever more restrictive and time ever more squeezed in the schools?

Deputy R.G. Bryans:

It is a very good point the Deputy makes. Soft skills are absolutely imperative as far as I am concerned, and have been adopted in the P.S.H.E. (Personal, Social and Health Education) that we now teach in our schools, which is not taught in the U.K. Equally, we have written it within our Jersey computing curriculum. So soft skills are there at the heart of it.

5. Deputy M. Tadier of St. Brelade :

Does the Minister agree that language acquisition of a second language is a highly important skill for the future and also for economic diversification in the Island, be that a living foreign language or Jèrriais, our local language?

Deputy R.G. Bryans:

I am a little confused how that relates to the computing curriculum. The Bailiff :

It was quite cunningly done in relation to economic diversification. Deputy R.G. Bryans:

Thank you for that clarification. Yes, learning a second language has been mentioned to me by, in fact, one of the speakers who is turning up today, one of the young ladies I met at the Isle of Man. When I was asking her why she had set about learning Mac, she said: "Because I am a code breaker. It gives me an extra resonance when I am going away to university. People want people like me who can take whether it is the coding language of computing or whether it is learning a second language." It is one of those skills, mathematical skills in particular. So I do agree.

6. Deputy M. Tadier :

On that basis, would the Minister state why he is cutting funding to Jèrriais in our schools by roughly some £29,000 a year at a time when they are already struggling to restart after delays, which can be put at the door of his department, when, if anything, we should be investing more in Jèrriais not reducing that grant?

Deputy R.G. Bryans:

There are 2 sides to that particular thing. First of all, I do not look after Jèrriais anymore. That now falls under Senator Farnham 's ministry. But equally what we have done in relation to French, in particular, is double the number of children who are learning French within our primary schools. Jèrriais is not our concern at this moment in time.

7. Deputy L.M.C. Doublet :

Can I just press the Minister again on the problem-solving skills and those general skills? He said that they would be taught through P.S.H.E. but I think there is a feeling among the public that it is all subjects that are being squeezed into this very exam-focused approach and is there a focus on these skills across all subjects and are they being taught creatively to enable children to be innovative when they join our economy?

Deputy R.G. Bryans:

Again, thank you to the Deputy for that question. Yes, they are. Of course she is absolutely right. Soft skills are not just in relation to computing or even languages. They are right across the board. I think the problem we have always had in the past is we never delineated them very well. If you were to ask a student what soft skills were, previously they would not have been able to identify them. But now they know, they understand what the soft skills are that we are looking for and they are to be found in every subject.

8. The Deputy of St. John :

In one of the Minister's answers he spoke about the work with specialists from Hautlieu. Can I ask the Minister: do we have enough resource and specialism within this area to serve the need and the actual demand that is currently increasing across all the schools in the Island?

Deputy R.G. Bryans:

Yes. In fact, we have just recently begun a review of our I.T. teaching and staff training. The next step is for our schools to work with education technology specialists, Aspire 2 Be, to ensure that we keep moving forward in this rapidly changing area. In September they will be carrying reviews on 12 of our local schools.

3. Senator Z.A. Cameron of the Minister for Health and Social Services regarding the number of non-residents employed by or given contracts by Health and Social Services: [9532]

How many non-residents have been employed or been given contracts by Health and Social Services in the last 24 months?

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

There is no category of non-resident in the States reporting system, so I am presuming that what is being sought are those employed in the licence category, similar to the old (j) cat definition. On that basis, the answer is that H.S.S.D. has employed 139 people in the last 24 months.

1. Senator Z.A. Cameron:

Is the Minister aware that some well-qualified local candidates have not even been shortlisted for some of these positions?

Senator A.K.F. Green:

The Minister is not aware. That is an operational matter. What I will say is that when staff are appointed they are appointed to a criteria and according to the skills that they are able to offer to the job.

2. Senator Z.A. Cameron:

Would the Minister agree that local residents might have a greater awareness of our unique history and culture and tend to have a wider network of supportive relationships within our community? Is there a danger that by employing non-residents with few local ties and knowledge it is easier to manipulate and remove contracts should they challenge or question management policy practice or culture?