States Meeting Transcript - 10th October 2017

STATES OF JERSEY OFFICIAL REPORT

TUESDAY, 10th OCTOBER 2017

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

1. Welcome to H.E. The Lieutenant Governor .............................................7 The Deputy Bailiff :............................................................................7

APPOINTMENT OF MINISTERS, COMMITTEES AND PANELS..........................7

2. Resignation of Connétable Christopher Hugh Taylor of St. John from the Privileges and Procedures Committee and Corporate Services Scrutiny Panel; Nomination of the unelected members of the Public Accounts Committee..............................7

2.1 Connétable C.H. Taylor of St. John (Chairman, Public Accounts Committee): ..........7

3. Written Questions........................................................................7

1. DEPUTY L.M.C. DOUBLET OF ST. SAVIOUR OF THE MINISTER FOR HEALTH AND SOCIAL SERVICES REGARDING THE MENTAL HEALTH STRATEGY FOR JERSEY 2016 – 2020: [1(525)]..........................................................7
2. DEPUTY G.P. SOUTHERN OF ST. HELIER OF THE MINISTER FOR EDUCATION REGARDING OVERSPENDS AT HAUTE VALLÉE SCHOOL IN 2015 AND 2016: [1(527)]................................................................................12
3. DEPUTY J.M. MAÇON OF ST. SAVIOUR OF THE MINISTER FOR HEALTH AND SOCIAL SERVICES REFGARDING THE RECOMMENDATIONS OF THE WILLIAMSON REPORT': [1(528)]..................................................14
4. DEPUTY J.M. MAÇON OF ST. SAVIOUR OF THE MINISTER FOR HOME AFFAIRS REGARDING THE RECOMMEDATIONS OF THE INDEPENDENT JERSEY CARE INQUIRY: [1(529)]...................................................14
5. DEPUTY J.M. MAÇON OF ST. SAVIOUR OF THE MINISTER FOR HEALTH AND SOCIAL SERVICES REGARDING THE RECOMMENDATIONS OF THE INDEPENDENT JERSEY CARE INQUIRY: [1(530)] ................................15
6. DEPUTY J.M. MACON OF ST. SAVIOUR OF H.M. ATTORNEY GENERAL REGARDING THE LEGAL STATUS OF LIVING WILLS: [1(531)].................16
7. DEPUTY J.M. MAÇON OF ST. SAVIOUR OF THE CHAIRMAN OF THE STATES EMPLOYMENT BOARD REGARDINGCHANGES TO EMPLOYMENT PRACTICES IN LIGHT OF RECOMMENDATIONS OF THE INDEPENDENT JERSEY CARE INQUIRY: [1(532)]...................................................17
8. DEPUTY G.P. SOUTHERN OF ST. HELIER OF THE MINISTER FOR INFRASTRUCTURE REGARDING THE SAFETY PLAN FOR ACCESS TO MILLENNIUM PARK: [1(533)].......................................................17

9. THE DEPUTY OF ST. JOHN OF THE CHAIRMAN OF THE PRIVILEGES AND PROCEDURES COMMITTEE REGARDING DISCLOSURE AND BARRING SERVICE CHECKS FOR ELECTION CANDIDATES AND ELECTED MEMBERS: [1(535)]................................................................................17
10. THE DEPUTY OF ST. JOHN OF THE MINISTER FOR HOME AFFAIRS REGARDING POLICY IN RESPECT OF ALLEGED CRIMINAL ACTIVITY WHERE A DECISION IS MADE NOT TO CONTINUE WITH THE CASE: [1(535)]18
11. THE DEPUTY OF ST. JOHN OF H.M. ATTORNEY GENERAL REGARDING HIS DEARTMENT'S POLICY IN RESPECT OF ALLEGED CRIMINAL ACTIVITY WHERE A DECISION IS MADE NOT TO CONTINUE WITH THE CASE: [1(536)]19
12. THE DEPUTY OF ST. JOHN OF THE CHAIRMAN OF THE STATES EMPLOYMENT BOARD REGARDING CODES OF PRACTICE ISSUED UNDER THE EMPLOYMENT OF STATES OF JERSEY EMPLOYEES (JERSEY) LAW 2005: [1(537)]................................................................................19
13. THE DEPUTY OF ST. JOHN THE MINISTER FOR EDUCATION REGARDING CHANGES AT HIGHLANDS COLLEGE SINCE 2014: [1(538)].....................20
14. DEPUTY M. TADIER OF ST. BRELADE OF THE CHIEF MINISTER REGARDING SUDDEN DEATH INQUESTS: [1(539)]..............................................22
15. DEPUTY G.P. SOUTHERN OF ST. HELIER OF THE MINISTER FOR HOUSING REGARDING RENT LEVELS FOR TENANCIES OF ANDIUM HOMES: [1(540)] .23
16. DEPUTY L.M.C. DOUBLET OF ST. SAVIOUR OF THE MINISTER FOR THE ENVIRONMENT REGARDING NITRATE LEVELS IN JERSEY'S MAINS WATER SUPPLY: [1(541)]......................................................................25
17. DEPUTY J.A.N. LE FONDRÉ OF ST. LAWRENCE OF THE MINISTER FOR INFRASTRUCTURE REGARDING THE INTERNATIONAL CONFERENCE ON SEA LETTUCE MANAGEMENT: [1(542)]...........................................26
18. DEPUTY G.P. SOUTHERN OF ST. HELIER OF THE MINISTER FOR SOCIAL SECURITY REGARDING THE OPERATION OF THE LOWER CONTRIBUTION THRESHOLD: [1(543)]................................................................29
19. DEPUTY G.P. SOUTHERN OF ST. HELIER OF THE CHIEF MINISTER REGARDING COMMUNICATION WITH THE EMPLOYMENT FORUM: [1(544)]30

4. Oral Questions...........................................................................31

1. Deputy G.P. Southern of the Minister for Economic Development, Tourism, Sport and Culture regarding the economic standard of living in Jersey: [1(549)]...........31

Senator L.J. Farnham (The Minister for Economic Development, Tourism, Sport and Culture):

.........................................................................................31

1. Deputy G.P. Southern :..................................................................32
2. Senator S.C. Ferguson:.................................................................32
3. Senator S.C. Ferguson:.................................................................33
4. Deputy S.Y. Mézec of St. Helier:.......................................................33
5. Deputy S.Y. Mézec :....................................................................33
6. Deputy M. Tadier of St. Brelade:.......................................................34
7. Deputy A.D. Lewis of St. Helier:.......................................................34
8. Deputy A.D. Lewis :....................................................................34
9. Deputy M.R. Higgins of St. Helier:.....................................................35
10. Deputy G.P. Southern : ..............................................................35

2. Senator P.F. Routier of the Chairman of the Comité des Connétable s regarding the accessibility of Parish buildings to electors and candidates with physical, sensory or health disabilities: [1(545)]..............................................................36

The Connétable of St. Clement (Chairman, Comité des Connétable s):........................36

1. Senator P.F. Routier: ...................................................................36
2. Deputy G.P. Southern :..................................................................36

3. Deputy G.P. Southern :..................................................................36
4. Senator S.C. Ferguson:.................................................................37
5. Deputy M. Tadier :......................................................................37
6. Deputy M. Tadier :......................................................................37
7. Deputy J.M. Maçon:....................................................................38
8. Senator P.F. Routier: ...................................................................38

3. Deputy M. Tadier of the Minister for Infrastructure regarding the application of B.R.E.E.A.M. (Building Research Establishment Environmental Assessment Method) to the design and maintenance of buildings: [1(551)] ..................................38

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

1. Deputy M. Tadier :......................................................................39
2. Deputy G.P. Southern :..................................................................39
3. Deputy G.P. Southern :..................................................................40
4. Deputy M. Tadier :......................................................................40

4. Deputy R.J. Renouf of St. Ouen of the Minister for Health and Social Services regarding the feasibility study examining the requirements for Jersey's mental health estate: [1(548)]...........................................................................41

Deputy P.D. McLinton of St. Saviour (Assistant Minister for Health and Social Services -

rapporteur):.............................................................................41

1. The Deputy of St. Ouen:................................................................41
2. Deputy M. Tadier :......................................................................41
3. Deputy M. Tadier :......................................................................42
4. Deputy G.P. Southern :..................................................................42
5. Deputy G.P. Southern :..................................................................42
6. Deputy J.A. Hilton of St. Helier:........................................................42
7. The Deputy of St. Ouen:................................................................43

5. Connétable J.E. Le Maistre of Grouville of the Minister for Housing regarding the Residential Tenancy Deposit Scheme: [1(547)].........................................43

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

1. The Connétable of Grouville :...........................................................43
2. Deputy S.Y. Mézec :....................................................................44
3. Deputy S.Y. Mézec :....................................................................44
4. Deputy M. Tadier :......................................................................44
5. Deputy M. Tadier :......................................................................45
6. Senator S.C. Ferguson:.................................................................45
7. Deputy C.F. Labey of Grouville :........................................................45
8. The Deputy of Grouville :...............................................................46
9. Deputy G.P. Southern :..................................................................46
10. Deputy G.P. Southern : ..............................................................46
11. The Connétable of Grouville :........................................................47

6. Deputy M. Tadier of the Minister for Infrastructure regarding the proposed energy efficiency of the new Les Quennevais School: [1(5520].................................47

Deputy E.J. Noel (The Minister for Infrastructure):...........................................47

1. Deputy M. Tadier :......................................................................47
2. Senator S.C. Ferguson:.................................................................48
3. Senator S.C. Ferguson:.................................................................48
4. Deputy G.P. Southern :..................................................................48
5. Deputy M. Tadier :......................................................................49

7. Deputy G.P. Southern of the Minister for Social Security regarding the protection of vulnerable employees who failed to qualify for sickness benefit: [1(550)].............49

Deputy S.J. Pinel (The Minister for Social Security):.........................................49

1. Deputy G.P. Southern :..................................................................50
2. Deputy G.P. Southern :..................................................................50

8. Senator P.F. Routier of the Chairman, Privileges and Procedures Committee regarding the accessibility of States Assembly buildings to elected members with physical, sensory or health disabilities: [1(546)] ........................................51

The Connétable of St. Clement (Chairman, Privileges and Procedures Committee):..........51

1. Senator P.F. Routier: ...................................................................51
2. Deputy M. Tadier :......................................................................51
3. Deputy M. Tadier :......................................................................51
4. Connétable J. Gallichan of St. Mary : ...................................................51
5. The Connétable of St. Mary:............................................................52
6. Senator P.F. Routier: ...................................................................52

9. Senator P.F.C Ozouf of the Chief Minister regarding the promotion of greater competition in Jersey's gas market: [1(554)] ...........................................53

Senator P.F. Routier (Assistant Chief Minister - rapporteur):.................................53

1. Senator P.F.C. Ozouf :..................................................................53
2. Deputy G.P. Southern :..................................................................54
3. Deputy G.P. Southern :..................................................................54
4. Senator P.F.C. Ozouf :..................................................................54
5. Deputy K.C. Lewis of St. Saviour:......................................................55

10. Deputy P.F.C. Ozouf of the Minister for Treasury and Resources regarding the payment of rates by the States: [1(553)]................................................55

Senator A.J.H. Maclean (The Minister for Treasury and Resources):.........................55

1. Senator P.F.C. Ozouf : ...............................................................56
2. Deputy M. Tadier :...................................................................56
3. Deputy M. Tadier :...................................................................57
4. Deputy S.M. Wickenden of St. Helier : ..............................................57
5. Connétable A.S. Crowcroft of St. Helier : ............................................57
6. Deputy A.D. Lewis : .................................................................58
7. The Connétable of St. Clement:......................................................58
8. The Connétable of St. Clement:......................................................58
9. Deputy S.Y. Mézec :.................................................................58
10. Senator P.F.C. Ozouf : ............................................................59

5. Questions to Ministers without notice - The Minister for Economic Development, Tourism, Sport and Culture ............................................................60

1. Deputy G.P. Southern :..................................................................60 Senator L.J. Farnham (The Minister for Economic Development, Tourism, Sport and Culture): .........................................................................................60

1. Deputy G.P. Southern :..................................................................61
   2. Deputy L.M.C. Doublet of St. Saviour:.................................................61
   3. Deputy T.A. Vallois of St. John:........................................................61
   4. Deputy R. Labey of St. Helier:..........................................................62

5.4.1 Deputy R. Labey : ......................................................................62

5. Deputy M. Tadier :......................................................................62

5.5.1 Deputy M. Tadier :......................................................................63

6. Connétable S.A. Le Sueur -Rennard of St. Saviour:.....................................63

5.6.1 The Connétable of St. Saviour:.........................................................63

7. Deputy S.Y. Mézec :....................................................................63

5.7.1 Deputy S.Y. Mézec :....................................................................64

8. Deputy A.D. Lewis :....................................................................64
9. Deputy L.M.C. Doublet :................................................................64

6. Questions to Ministers without notice - The Minister for Housing....................64

1. The Connétable of St. John:............................................................64 The Deputy of Trinity (The Minister for Housing):...........................................65

1. The Connétable of St. John:............................................................65
   2. Deputy L.M.C. Doublet :................................................................65

6.2.1 Deputy L.M.C. Doublet :................................................................66

3. Deputy G.P. Southern :..................................................................66

6.3.1 Deputy G.P. Southern :..................................................................66

4. Deputy M.R.Higgins:..................................................................66

6.4.1 Deputy M.R. Higgins:..................................................................66

5. Deputy A.D. Lewis :....................................................................67
6. Deputy M. Tadier :......................................................................67

6.6.1 Deputy M. Tadier :......................................................................67

7. Deputy J.A. Martin of St. Helier:.......................................................67
8. Deputy R. Labey : ......................................................................68

STATEMENTS ON A MATTER OF OFFICIAL RESPONSIBILITY........................68

7. The Chairman of the Environment, Housing and Infrastructure Scrutiny Panel - statement regarding the panel's review of proposed waste charges....................68

7.1 Deputy D. Johnson of St. Mary (Chairman, Environment, Housing and Infrastructure Scrutiny Panel):........................................................................68

PUBLIC BUSINESS.............................................................................69

8. Draft Taxation (Implementation) (International Tax Compliance) (Common Reporting Standard) (Amendment) (Jersey) Regulations 201- (P.69/2017)............69

1. Senator P.M. Bailhache (The Minister for External Relations)..........................70
2. Senator P.M. Bailhache : ................................................................70

1. Deputy A.D. Lewis :....................................................................71
2. Senator P.F.C. Ozouf :..................................................................71
3. Senator P.M. Bailhache : ................................................................71

9. Draft Air and Sea Ports (Incorporation) (Transfer No. 2) (Jersey) Regulations 201- (P.77/2017)...............................................................................72

9.1 Deputy E.J. Noel (The Minister for Infrastructure - rapporteur):........................72

1. Connétable M.P.S. Le Troquer of St. Martin:...........................................73
2. Connétable J.M. Refault of St. Peter:...................................................74
3. Deputy K.C. Lewis :....................................................................74

4. Deputy G.P. Southern :..................................................................74
5. Deputy E.J. Noel: ......................................................................74

10. Jersey Electricity plc: referral of stand-by charges to the Channel Islands Competition and Regulatory Authorities (P.88/2017) - proposal to defer debate to 30th January 2018.......................................................................78

10.1 Senator A.J.H. Maclean:................................................................78

1. The Connétable of St. John : .........................................................79
2. The Deputy of Grouville : ............................................................80
3. Senator P.F.C. Ozouf : ...............................................................81
4. Senator S.C. Ferguson:..............................................................82
5. Deputy G.P. Southern : ..............................................................82
6. Deputy J.A. Martin: .................................................................82
7. Deputy M. Tadier :...................................................................83
8. Deputy A.D. Lewis : .................................................................83
9. Senator A.K.F. Green, Deputy Chief Minister:......................................84
10. Deputy M.J. Norton of St. Brelade:...............................................84
11. Senator P.F. Routier:..............................................................85
12. Deputy S.G. Luce of St. Martin:..................................................86
13. The Connétable of St. Peter:......................................................86
14. The Deputy of St. John:...........................................................86
15. Deputy K.C. Lewis : ..............................................................87
16. Senator A.J.H. Maclean: ..........................................................87

ARRANGEMENT OF PUBLIC BUSINESS FOR FUTURE MEETINGS ....................89

11. The Connétable of St. Clement (Chairman, Privileges and Procedures Committee):....89

ADJOURNMENT................................................................................89

[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 Deputy Bailiff :

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

APPOINTMENT OF MINISTERS, COMMITTEES AND PANELS

2. Resignation of Connétable Christopher Hugh Taylor of St. John from the Privileges and Procedures Committee and Corporate Services Scrutiny Panel; Nomination of the unelected members of the Public Accounts Committee

The Deputy Bailiff :

Under F of the resignation, in accordance with Standing Orders 129(2) and 137(2), the Connétable of St. John has given written notice to the Bailiff of his intention to resign from both Privileges and Procedures Committee and from the Corporate Services Scrutiny Panel. Also in accordance with Standing Order 124, the chairman of the Public Accounts Committee has given notice of 2 unelected members, which he would like to nominate for membership of the Committee. Connétable .

2.1 Connétable C.H. Taylor of St. John (Chairman, Public Accounts Committee):

It gives me very great pleasure to reappoint Robert John Parker and Mr. Michael John Robinson. Both have been members on the former committee. I have worked with them over the last 3 years and they are very valued members of the P.A.C. (Public Accounts Committee) and I would like them to continue.

The Deputy Bailiff :

Is the nomination seconded? [Seconded] Are there any other nominations? If not, then I declare those persons appointed as members of the Public Accounts Committee. [Approbation]

Connétable L. Norman of St. Clement :

As chairman of the P.P.C. would you just allow me to say how grateful that I am to the work that Constable Taylor has done on that committee here in his term of office. He has been a dedicated forthright and a much valued member of the committee. I am sorry to lose him but I certainly wish him well in his new role. [Approbation]

The Deputy Bailiff :

Thank you very much, Connétable .

3. Written Questions

1. DEPUTY L.M.C. DOUBLET OF ST. SAVIOUR OF THE MINISTER FOR HEALTH AND SOCIAL SERVICES REGARDING THE MENTAL HEALTH STRATEGY FOR JERSEY 2016 – 2020: [1(525)]

Question

Since the publication of the Mental Health Strategy for Jersey 2016-2020, can the Minister outline what, if any, progress has been made towards further reducing waiting times for access to talking therapies and/or counselling for those with mild to moderate mental health issues? Can the Minister also provide a breakdown of the stages that are followed from the point at which the patient makes initial contact with their GP?

Could the Minister further advise what progress has been made towards achieving Key Priorities 2 Prevention and Early Intervention' and 5 Leadership and Accountability' of the strategy and outline what actions have been taken in respect of each of those priorities?

Answer

Investment  was  made  into  adult  mental  health  (Jersey  Talking  Therapies)  in  2013  – 2015. Currently, most referrals to the service come from GPs. In the last quarter there were 454 referrals, with 354 coming from GPs. There has been a 50% increase in referrals since the launch of the Jersey Talking Therapies service. The GP will typically make that referral using the designated referral form and the person will get seen for an assessment, on average, within 4 weeks. Following that assessment, they will then go onto a waiting list for treatment until there is a slot available for them to begin. We have recently introduced a system where those people that are waiting are called on a regular basis to see how they are doing and for their risk levels to be assessed. The service, which has been such a success in terms of the level of referrals since its inception, was reviewed this year and workshops are being held to identify service improvements.

Since the Mental Health Strategy was approved in November 2015, good progress has been made with  the  agreed  priorities  for  Prevention  and  Early  Intervention'  and  Leadership  and Accountability':

Prevention and Intervention

The focus of investment and improvement for prevention and intervention' since January 2016 has been on Older Adults Mental Health services, Primary Mental Health workers in schools, and, latterly, the Recovery Network development:

1. Older Adult Community Mental Health Service

This comprises:

Older Adults Community Mental Health Team (CMHT)

Service description – a multidisciplinary team for people with complex and/or high risk mental health needs including depression and psychotic illness, and people with dementia, with a single point of access, integrated, person-centred care planning and care for older adults and their carers in their normal place of residence or in a community location.

Status – Fully implemented. Staff recruited and integrated into the service. Core service values agreed, care pathways agreed.

Memory Assessment Service (MAS)

Service description  – an enhancement  and expansion of existing services,  which ensures that dementia is diagnosed as early as possible in the mild stages of the condition, and supports service users and carers to make informed decisions and choices about care and support. People with dementia and their carers will have more information and signposting to help them manage their care more effectively and understand how to access other assistance, with personal care plans to meet identified needs. The service will improve the ability of care professionals (including GPs) to identify signs of cognitive impairment and will raise professional awareness of the service to ensure that  GPs,  the  Hospital,  Voluntary  and  Community  organisations  and  Community  and  Social Services understand their roles and processes and are confident about making referrals.

Status – Fully implemented. Core service values agreed, care pathways agreed, vacant posts filled.

Hospital  Liaison  for  Older  People  with  Mental  Health  Difficulties – a  single  point  for information on any mental health issue for over 65s at the hospital with training, support and guidance  to  hospital  staff  – including  delivering  training,  supporting  discharge  planning  and advising on the care of a patient. The service provides advice on the diagnosis of people with suspected organic and functional mental health problems and supports the delivery of good clinical care, care planning and discharge planning. This  includes advice on managing behaviour that challenges others, and options for support in hospital, intermediate care, reablement and referral to local services in order to promote early discharge opportunities.

The Liaison service also provides urgent response and advice to the Emergency Department and Emergency Admissions Unit on non-hospital management options, and works with ward staff and Community teams to ensure good communication, sharing of information and smooth transfer of people into Community-based care.

Status – Clinical Nurse Specialist post filled and Nurse Practitioner will commence induction at the beginning of November 2017.

Rapid  Response  and  Reablement  Team  (RRRT)  development  –Two  Rapid  Response  and Reablement  mental  health  nurses  were  employed  in  Q1  2017  to  provide  timely  support  and intervention  for older  people  in order to  prevent admission to  hospital or to  enable a timely discharge.

The mental health nurses:

• support their colleagues in the RRRT with joint working and education
• undertake assessment, care planning and care for short-term mental health interventions
• offer  education and  support that enables staff  in residential  care  settings  and  Community providers  and  family  members  to  continue  to  care  for  older  people  with  mental  health difficulties when they are experiencing an acute, short-term mental health issue.

Status – Fully implemented. Staff recruited and integrated into the service

Older Adult Primary Care Mental Health Team (PCMHT) – this service will work closely with the individual's GP to:

• Undertake assessment and review of care as part of care co-ordination for older people with mild to moderate functional and organic mental health needs
• Provide social prescribing to older people with mild to moderate functional and organic mental illness, promoting independence and recovery

• Co-ordinate pre-referral tests/examinations ahead of referral to MAS
• Provide case finding for people with key risk factors for dementia
• Ensure effective communication and care planning for people with mild to moderate functional and / or organic mental illness and other comorbidities
• Provide a focal point for work with the Rapid Response and Reablement service, CMHT and Hospital Liaison services.

Status – Two of the four Primary Care Teams are fully operating with posts filled. The Clinical Nurse Specialist for a third cluster is due to commence induction in early January, and the final cluster has the potential to go live in early 2018 pending successful recruitment. Challenges with nursing recruitment has resulted in delays to full implementation. In the interim, transition measures have been put in place to enable other areas of the Older Adult Community Mental Health Service to align with new ways of working. This will enable a swift implementation of remaining clusters once remaining posts are filled.

2. Primary Mental Health Care Workers – Education and work in schools

Two Primary Mental Health Workers (PMHWs) commenced work in June 2017. They complement and extend the overall offer of early intervention services available for children and young people. The PMHW roles reflect thinking regarding how the pathway for children and young people with emerging mental health needs will become more integrated. As part of this, there is a clear commitment to bring education and health closer in delivering evidence-based interventions for children, young people and families at the very earliest opportunity.

3. The Recovery Network

The Recovery Network will champion and provide sustainable practical resource to co-produce locally. It will connect people with an interest in mental health and wellbeing, having people with lived experience at the core and creating opportunities to partner with mental health services. It will be pro-active, positive, accessible, empowering, transparent and compassionate. Its purpose will be to:

• Inspire change
• Challenge attitudes
• Cultivate mutual respect
• Value and share lived experience
• End stigma
• Advise policy makers and service providers
• Provide peer support between individuals who may be experiencing or recovering from mental health issues
• Provide peer support to individuals whose loved ones are experiencing or recovering from mental health issues
• Connect people and services
• Promote early intervention and contribute to the development of services.

The Recovery Network is being scoped following a number of workshops with a range of stakeholders, many of whom have lived experience. This is being led by the Recovery College.

In relation to the work of the Recovery College itself: Students in Semester one completed a questionnaire:

• 97% of students stated that they would recommend the course to family and friends
• 95% of students felt the courses met or exceeded their expectations
• 66% of students felt the College helped them feel more confident, have more direction and connect to other people
• 100% of trainers who worked with the College would recommend working there
• 71% felt working with the College helped them grow professionally and feel more positive about the future.

Feedback included:

"I just wanted to say a huge thank you for enrolling meI got so much from [the course] at a time I needed it most in my life. Please pass on my thanks to [the trainers] they were amazing and added so much to the experience." Student, Balanced Living for Beginners, Summer Semester 2017

"Jersey Recovery College has empowered me to feel more confident and open to new experiences whilst giving me hope and positive progress towards a life worth living." Student, Open Water Swimming, Summer Semester 2017

"There is something so liberating about the whole idea of service users working with mental health practitioners. Until I heard of it, I would never have thought it was possiblewe are smashing down the barriers by working together. We get to see each other in a different light. It's brilliant." Peer Trainer, Jersey Recovery College

Leadership and Accountability

The Mental Health Engagement day on 15th May 2017 was attended by over 120 people. The Minister for Health & Social Services opened the day, confirming his commitment to improving the island's mental health services.

18 different organisations helped raise awareness of existing services and networks. These included: Prison Me No Way, Recovery College, Samaritans, Triumph over Phobia, Mind (Jersey), Eating Disorders, Jersey Alzheimers, Staying Put Housing, Silkworth Lodge, Alcohol and Drugs Service, Brighter Futures, Youth Enquiry Service, NSPCC, Citizens Advice Jersey and the Jersey Online Directory, Child and Adolescent Mental Health Service, Adult Mental Health, Early Help and the Multi Agency Safeguarding Hub (MASH).

Attendance and participation in the Engagement Day confirmed that people remain enthusiastic and committed to working together and to discussing issues and opportunities openly and with mutual respect. The day enabled delegates to share their thoughts on:

1. Recruitment Changing Practice
2. Recovery College
3. Community Triage
4. Suicide Prevention
5. Older Adult Mental Health Redesign
6. Mental Health in Schools
7. Mental Health Estate
8. Family Smiles' Programme
9. Letting the Future in' Programme

10. Implementing New Legislation

In the afternoon, 60 people attended a workshop to discuss Armed Forces Veterans' Mental Health, with guest speakers from Rock2Recovery. The workshop confirmed the interest in this subject, and identified that priorities for further work included raised awareness of veterans' mental health care needs and that the challenges veterans face regarding transition from the military are potentially complex, multi-dimensional and multi-agency in scope: learning to avoid isolationism, establishing strong relationships and developing confident skill sets to reduce stress and anxiety and creating resources and choice when moving forward are key. It was felt that a golf bag' of diverse strategies beyond medicine and psychological intervention to maximise tolerance to change, mental health and wellbeing was needed.

In addition, the following work continues to be progressed:

Social Inclusion and Recovery

• The Recovery College was live from January 2017; 176 students have enrolled since its inception, with many doing more than one course (see positive feedback above)
• Mental Health Public Awareness has increased, with additional content on the Jersey Online Directory and increased social media
• Suicide Prevention Training

Access & Care Coordination

• Feasibility study for a new Mental Health Estate is being finalised
• Mental Health Criminal Justice Pathway – a gap analysis has been produced and the Forum is developing investment priorities including improved pathways and services
• Listening Lounge – finalising plans for a new service, which will be provided by Shelter
• Community Triage – finalising plans for a new out of hours' service, working closely with Police and Ambulance
• Jersey Talking Therapies has been reviewed; workshops are being held to identify service improvements

Quality and Innovation

• A quarterly Mental Health dashboard and Annual Report are being produced

2. DEPUTY G.P. SOUTHERN OF ST. HELIER OF THE MINISTER FOR EDUCATION REGARDING OVERSPENDS AT HAUTE VALLÉE SCHOOL IN 2015 AND 2016: [1(527)]

Question

Further to the generation of overspends at Haute Vallée School of £292,000 (7% of budget) in 2015 and £384,000 (9%) in 2016, will the Minister –

1. inform members of the circumstances that led to such overspends;
2. state what failures, if any, arising from these underspends have been identified in his departmental financial governance processes (as set out in the Education Business Plan 2015);

3. state what measures are in place, both within the Department andin schools, toensurethere is no repetition of such overspends;
4. detail what these overspends were spent on and what consequences, if any, there were for staff in the school;
5. state whether the head teacherwassubjectto disciplinary proceedings and whether the head teacher had his salary protected in taking on a new role within the Department; and
6. advise what lessons, if any, have been learned over the extent to which head teachers are given complete autonomy over significant issues within their school?

Answer

The 'overspends' specified above do not represent the true financial position of the school. This is because the figures quoted compare the actual spend with the original budget. However, during the year there are fluctuations in the budget and, for example, funds have been added for items such as back-dated pay awards and carry forwards. The expenditure in relation to these variations is included in the total spend but compared only to the original budget so the comparison quoted does not give the full picture.

The correct financial measure of performance is actual spend against final approved budget (ie original budget as adjusted for the variations). On this basis, the outturn for Haute Vallée School was £50,000 underspend in 2015 and £194,000 overspend (4.5% of budget) in 2016.

1. School funding is allocated annually by the AWPU (Age Weighted Pupil Unit) funding model based on the number of pupils registered at the start of the September term. Theoverspend in 2016 for Haute Vallée can be directly related to the drop in pupil numbers at the school over the past few years as follows:

2016 2015 2014 2013 Pupil numbers 603 618 646 692

A fall of 15 pupils results in a reduction in budget of around £100,000. The decline in 2015 was offset by a planned carry forward from 2014. This flexibility is needed to manage these fluctuations in demographics over the longer term.

The school is continually reviewing its finances, staff numbers and curriculum to operate with the financial budget allocated. It is often not possible to achieve this within one financial year and schools are allowed to carry forward underspends and overspends in order to manage their finances over the medium term.

The main reason for the overspend is staff costs. Although there is fluctuation in pupil numbers, it might not be enough to close one class. Therefore, the same number of teachers are required and the staff costs do not fall but the budget does.

2. No failures have been identified in the financial governance process arising from the Haute Vallée overspend in 2016. As noted above it is usual for schools to manage and ultimately eliminate overspends over a number of years.

The above simply highlights the need to have year-to-year flexibility and longer term financial planning in order to accommodate the fluctuations in pupil numbers and to manage the mismatch between the financial and academic year.

3. Regular meetings are held throughout the year between the school head teacher and the Education Department's senior management and financestaffto identify ways of achieving budget savings without directly impacting on pupil standards and achievement.

4. The school overspend of £194,000 in 2016 primarily relates to staff costs which account for approximately 90% of the school's budget. The head teacher is continually managing and reviewing staff and non-staff costs to bring school spending within budget.
5. As stated above, there were no breaches of financial governance, and therefore there was no need for disciplinary procedures. The salary levels of individual staff within the States is confidential.
6. Oneofthe workstreams setout within the Education Business Plan is greater freedom for schools (autonomy). The work is ongoing and research is drawing on previous experience from within Jersey and the UK. This incident highlights the potential difficulties caused by the difference between the States accounting year (January to December) and the school year (September to August).

3. DEPUTYJ.M.MAÇONOFST.SAVIOUROFTHEMINISTERFORHEALTHAND SOCIAL SERVICES REFGARDING THE RECOMMENDATIONS OF THE WILLIAMSON REPORT': [1(528)]

Question

Following the publication of the Independent Jersey Care Inquiry Report' (R.59/2017), will the Minister advise whether the adequacy of the response to the recommendations of the Williamson Report' into vulnerable children has been re-examined and will the Minister produce an RAG (Red- Amber-Green) action plan against every recommendation of the Williamson Report' which explains the progress his Department has made on implementation; and, if not, why not?

Answer

On 4 February 2009, the then HSSD Minister presented the Williamson Report – implementation plan approval and funding (R.8/2009) to the States. Since then, the HSSD Minister has reported to the Assembly on several occasions in relation to progress, including a detailed answer to written question 9147 on 19 January 2016. It is important to stress that the work in relation to the Williamson recommendations (which included other departments as well as Health and Social Services) was largely complete by 2013, when the associated funding ended as agreed.

The Children's Service has also been working to an improvement plan since 2016, reporting to the Children's Services Improvement Board chaired by the Chief Minister.

Since this time, the agenda has moved on and been superseded particularly by the work of the Independent Jersey Care Inquiry (IJCI) and the publication of the IJCI Report on 3 July 2017.

The Inquiry Response Group, comprising a number of senior officers, is tasked with planning and developing a response for Jersey to the Report. The Chief Minister has committed to bringing an initial plan to the Assembly in response to the Report in autumn 2017.

4. DEPUTY J.M. MAÇON OF ST. SAVIOUR OF THE MINISTER FOR HOME AFFAIRS REGARDING THE RECOMMEDATIONS OF THE INDEPENDENT JERSEY CARE INQUIRY: [1(529)]

Question

Given the praise of the Probation Service by the Independent Jersey Care Inquiry in R.59/2017 and the recommendation of the Inquiry that the high standards and best practice of that service should be shared with other services which care for children, what, if anything, has the Minister done to facilitate the implementation of this recommendation and how will her Department demonstrate that this has occurred and will continue to occur on an ongoing basis?

Answer

The Care Inquiry recommended putting in place a plan for the recruitment and retention of staff in Children's Services, and that this plan should take into account the positive experience that there seems to be in the Probation Service in creating a much more stable staff group (para 13.26).

At present, the oversight of the Probation Service does not involve the Minister for Home Affairs. This oversight arrangement for the Probation Service in Jersey differs from that found elsewhere in the British Isles. The Minister for Home Affairs does not have responsibility for the services which care for children. Accordingly, it is not within the remit of the Minister for Home Affairs to take the action requested.

5. DEPUTYJ.M.MAÇONOFST.SAVIOUROFTHEMINISTERFORHEALTHAND SOCIAL SERVICES REGARDING THE RECOMMENDATIONS OF THE INDEPENDENT JERSEY CARE INQUIRY: [1(530)]

Question

Given the praise of the Probation Service by the Independent Jersey Care Inquiry in R.59/2017 and the recommendation of the Inquiry that the high standards and best practice of that service should be shared with other services which care for children, what, if anything, has the Minister done to facilitate the implementation of this recommendation and how will his Department demonstrate that this has occurred and will continue to occur on an ongoing basis?

Answer

The Independent Jersey Care Inquiry made explicit in its report that there were areas for improvement across the whole system (all departments and services) with no room for complacency. Key to sustainable improvement is the need for services and organisations to work across their organisational boundaries to remove silo working in the system in order that children are supported to improve outcomes.

The Report referred to the progress made by the Probation Service in recruiting staff and suggested that others, including Children's Services, could learn from this.

It should be noted that while there are similarities within the Probation Service and Children's Social Work, such as qualification requirements, there are also differences in terms and conditions which may make a significant difference in recruiting and retaining staff. Both Probation and Children's Social Work have endeavoured to use a trainee system to grow our own' professionally qualified staff. This has in terms of conversion been a challenge in children's social work. While a significant number of potential applicants wanted to become social workers, very few of them were able to make the commitment to go off-island to study and carry out placements. In addition, Community and Social Services had only the funding and full-time equivalent headcount on establishment for two posts at any one time.

Probation staff are paid at a different salary grade to social workers in children's services. Staff are paid at Civil Service Grade 11, while social workers in Children's Social Work are paid at Civil Service Grade 10 – this applies to both newly qualified staff and very experienced and long- standing social workers. In Children's Services, Senior Practitioners are paid at Civil Service Grade 11. However, this is a role that must be applied for ie it is not a matter of progression and involves the holding of a smaller more intense complex caseload along with some supervisory and mentoring roles. Over a period of time, staff have left children's social work to take up posts within the probation service.

In recognition of staff in the probation service regularly working outside core business hours, staff receive additional' annual leave days due to the application of an approach described as annualised hours', amounting to an additional five days per annum around which the service continues to deliver its operational requirements. This approach stops the service having to accommodate requests for time off in lieu (TOIL) throughout the course of the year. This is not currently available to Children's Social Work staff.

In addition, all staff in Children's Social Work are expected to participate in an out of hours standby and on-call rota. This is carried out in addition to their daily operational duties. It is exceptional in other jurisdictions for social work staff to routinely participate in such a rota as there is usually an emergency out of hours duty service in place. This is an additional task for staff working in Jersey.

The Director of Children's Social Work is actively involved with partners, including the Probation Service, in developing the on-island social work degree. It is hoped that this course will be available in Jersey in partnership with Highlands College and a UK university in the autumn of 2018 offering placements to 12 students. Resource has been identified in contingency money towards set up costs and student fees for this course. However, there remains significant work to be done on a funding and support structure for students in order that they convert' to the States of Jersey as professionally qualified social workers. In the meantime, the service is funding and supporting three members of staff to undertake their professional social work degrees while retained in employment. To fully exploit an on-island degree course, the right' students must be supported – some of whom will require financial assistance to undertake the course. The options will be scoped and costed fully for consideration.

6. DEPUTY J.M. MACON OF ST. SAVIOUR OF H.M. ATTORNEY GENERAL REGARDING THE LEGAL STATUS OF LIVING WILLS: [1(531)]

Question

Under Jersey law, what is the status of living wills and what significance, if any, do the Island's courts give to living wills?

Answer

The law on the subject is set out in the decision of the Royal Court in Attorney General v X (2004 JLR 1). In that case the Royal Court upheld the right of a legally competent adult to give an advance directive refusing certain treatment, which would be effective both while he or she maintained the necessary mental capacity and after he or she had lost that capacity. For a living will to be legally binding the individual must have had mental capacity when he or she made it, have envisaged the type of situation that has subsequently arisen, and have understood the consequences of the decision.

Further, Part 3 of the Capacity and Self-Determination (Jersey) Law 2016 (the "2016 Law"), which is to be implemented in 2018, will provide a statutory foundation for advance decisions to refuse treatment ("ADRT"). The 2016 Law will enable persons aged 16 or more to make a decision in advance to refuse treatment if they should lose capacity to give or refuse consent in the future. The effect of a valid ADRT will be the same as a decision made by a person with capacity to refuse treatment, so that medical professionals will be required to act in accordance with it.

7. DEPUTY J.M. MAÇON OF ST. SAVIOUR OF THE CHAIRMAN OF THE STATES EMPLOYMENT BOARD REGARDINGCHANGES TO EMPLOYMENT PRACTICES IN LIGHT OF RECOMMENDATIONS OF THE INDEPENDENT JERSEY CARE INQUIRY: [1(532)]

Question

In view of the recommendations of the Independent Jersey Care Inquiry in R.59/2017, will contracts issued by the States of Jersey contain a clause that employees may be expected to undertake a secondment; what work, if any, has the States Employment Board done to build partnerships with other authorities to enable States of Jersey staff to participate in inspections in other jurisdictions and to learn best practice; how will the States of Jersey demonstrate that this has happened; and if no work has been undertaken by the Board on this matter, why not?

Answer

Currently the States of Jersey employment contracts do not contain an express condition that requires an employee to accept a secondment. However, secondments and development assignments do and have taken place from time to time. The arrangements for these are determined in consultation with the employee and the needs of the particular service.

The main recommendations of the Independent Jersey Care Inquiry are being fully considered and will be subject to a report back at the end of October. How service partnerships with appropriate authorities may be established will be part of the ongoing work.

8. DEPUTY G.P. SOUTHERN OF ST. HELIER OF THE MINISTER FOR INFRASTRUCTURE REGARDING THE SAFETY PLAN FOR ACCESS TO MILLENNIUM PARK: [1(533)]

Question

Will the Minister inform members whether the safety plan from Parsons Brinkerhoff which suggested automatic rising bollards for access to the Millennium Park from Tunnell Street and Robin Place was considered by his Department, in conjunction with the St. Helier Roads Committee or separately; who was responsible for the decision to reject the suggestion, on what grounds was it rejected, and when did this occur?

Answer

My Department does not have jurisdiction over Tunnell Street or Robin Place. The Parish of St. Helier Roads Committee is the responsible authority and is the only body that can direct changes to its roads layout or operation, all decisions and implementation work on these roads were undertaken by the Parish.

9. THE DEPUTY OF ST. JOHN OF THE CHAIRMAN OF THE PRIVILEGES AND PROCEDURES COMMITTEE REGARDING DISCLOSURE AND BARRING SERVICE CHECKS FOR ELECTION CANDIDATES AND ELECTED MEMBERS: [1(535)]

Question

Will the Chairman advise whether any consideration has been given to requiring election candidates or elected members of the States of Jersey to undergo a Disclosure and Barring Service (DBS) check and, if not, why not?

Answer

The States of Jersey Law 2005 provides that a person shall be disqualified for election as a Senator or Deputy if, within the 7 years immediately preceding the date of their election, they have been convicted, whether in Jersey or elsewhere, of any offence and ordered to be imprisoned for a period of not less than three months, without the option of a fine. No similar statutory provision exists in respect of Connétable s but they are subject to the supervisory jurisdiction of the Royal Court and the view of the Comité de Connétable s is that the legal provision regarding disqualification for election as Connétable are at least equivalent to those for election as Senator or Deputy (P.138/2016 Com.). Following the Assembly's agreement to P.138/2016 PPC is preparing a draft Law which would bring into alignment the statutory bases for disqualification for election applying to Connétable s and Senators and Deputies. The Committee has not recently considered other proposals to change the law on disqualification for election and is not aware of any concerns having been raised about States Members not being having undergone a DBS check.

10. THE DEPUTY OF ST. JOHN OF THE MINISTER FOR HOME AFFAIRS REGARDING POLICY IN RESPECT OF ALLEGED CRIMINAL ACTIVITY WHERE A DECISION IS MADE NOT TO CONTINUE WITH THE CASE: [1(535)]

Question

Will the Minister advise what the policy of the States of Jersey Police is in respect of corresponding with alleged victims of, or complainants about, alleged criminal activity when a decision has been made not to continue with a case; how long has this policy been in place and what was the previous policy, if any?

Answer

It is the responsibility of the investigating officer, often referred to as the officer in case (OIC), to keep the victim apprised of developments including any final outcome.

This has been the States of Jersey Police policy since 2006/07 and is stipulated in both the Crime Investigation Policy and the Crime Screening and Investigation Policy. These policies are amended and updated as appropriate.

Post any offender being charged and proceeding through the Criminal Justice System it has (since September 2011) been the responsibility of the States Police Victim & Witness Care Unit to keep the victim updated, including after the outcome of the case. This is outlined as part of the Witness Charter' which can be read via the following link:

https://jersey.police.uk/media/32536/witness-charter.pdf  

In June 2016, the Attorney General issued guidance on contact with prosecution witnesses before trial. This included guidance in respect of violent or sexual offences where a decision is made to discontinue or alter any indictment. The relevant extract states:

Meetings to explain a decision to discontinue a case or significantly alter a charge

It is important for witnesses who are victims of a violent or sexual offence to be informed of the decision to discontinue a case and the reasons for such discontinuance. A meeting with the Crown Advocate may not be necessary in all cases but should take place in all serious cases. This also applies to a decision to significantly alter a charge, e.g. to discontinue a rape charge in favour of accepting a guilty plea to indecent assault. In the case of a child victim it may suffice to meet the parents of the child only. A careful note of the meeting should be taken and communicated to the officer in the case if he or she is not present during the meeting and, in any event, provided to the police for their files. In any event, in every case the Police should consult victims in respect of any such decisions – if the Crown Advocate is unable to do so.

The full guidance can be read via the following link:

https://www.gov.je/SiteCollectionDocuments/Government%20and%20administration/ID%20AG% 20guidelines%20on%20contact%20with%20prosecution%20witnesses%20before%20trial%20201 61007%20ALS.pdf

11. THE DEPUTY OF ST. JOHN OF H.M. ATTORNEY GENERAL REGARDING HIS DEARTMENT'S POLICY IN RESPECT OF ALLEGED CRIMINAL ACTIVITY WHERE A DECISION IS MADE NOT TO CONTINUE WITH THE CASE: [1(536)] Question

Will H.M. Attorney General advise what the policy of his Department is for corresponding with alleged victims of crime when it is decided that a case will no longer be pursued as a criminal matter?

Answer

Generally a decision not to pursue a criminal matter will be communicated to an alleged victim of crime by the States of Jersey Police. However, not all criminal offences are investigated by the States of Jersey Police. Some cases are investigated by other agencies, such as the Department for the Environment or the Department for Education, and in the same way as complaints are made to the States of Jersey Police, a complaint will need to be made to the relevant department and not directly to the Attorney General or the Law Officers' Department (Criminal Division). Where advice is sought by a particular agency from the Law Officers' Department a file containing relevant evidence will need to be provided. The decision whether or not to prosecute will be made by the Attorney General or a lawyer in the Criminal Division, in accordance with the Code to Prosecute. When the decision is reached that there will not be a prosecution this will be communicated by the Attorney General or a lawyer in the Criminal Division to the agency seeking the advice.

There are circumstances, however, when notification of such decision is made direct by the Attorney General to the complainant. In those circumstances the Attorney General will write to the complainant indicating that he has decided not to institute criminal proceedings against the person in question as he considers that there is insufficient evidence or, on rare occasions, that it is not in the public interest to do so. The Attorney General will then usually state that it is not his policy to give reasons for such decisions but will often provide a comprehensive note which explains the procedure followed when deciding whether or not to prosecute a criminal case so that the complainant understands the factors that have been taken into account.

The note sets out in some detail the process by which the Attorney General becomes involved in decisions in relation to criminal prosecutions; the way in which evidence is reviewed; the relevant criteria for making decisions under the Code to Prosecute and the policy reasons as to why the Attorney General (like the prosecuting authorities in the United Kingdom) does not generally give reasons for his decision in a case where he decides not to prosecute.

In respect of discontinuance of a case which has been prosecuted the Attorney General gave guidance in June 2016 which provides that witnesses who are victims of a violent or sexual offence should be informed of the decision to discontinue a case and of the reasons for discontinuance.

12. THE DEPUTY OF ST. JOHN OF THE CHAIRMAN OF THE STATES EMPLOYMENT BOARD REGARDING CODES OF PRACTICE ISSUED UNDER

THE EMPLOYMENT OF STATES OF JERSEY EMPLOYEES (JERSEY) LAW 2005: [1(537)]

Question

Given the functions of the States Employment Board, as set out under Article 8 of the Employment of States of Jersey Employees (Jersey) Law 2005, and the requirement of Article 10A of that Law for chief officers to ensure compliance with codes of practice issued under Article 8, how does the States Employment Board ensure such compliance is maintained and meets employment and best practice expectations?

Answer

The States Employment Board has formally delegated the responsibility to the Chief Executive Officer to issue the Codes of practice, and then to Chief Officers and Accounting Officers to actively comply with their application, implementation and monitoring in departments.

Chief Officers and Accounting Officers are required to produce Governance Statements for the States of Jersey Annual Report and Accounts, which include details of compliance with the Codes for the areas of their control. Compliance with the Codes is also monitored through performance and development reviews.

The States Employment Board monitors its delegated authorities to ensure compliance with the Codes of Practice, which cover Conduct, Employee Development, Employment Relations, Equality and Diversity, Health Safety and Wellbeing, Pay and Reward, Performance Management, Recruitment and Selection, Terms and Conditions of Employment, Travel and Expenses, Risk Management, Business Continuity and Information Management.

Other monitoring mechanisms are:

• PWC, the States auditors produce a regularity report of all expenditure and this specifically addresses compliance with the Code on Travel and Expenses (which is also governed by Treasury Financial Directions).
• The States Employment Board regularly discusses issues related to Employment Relations, Reward and Terms and Conditions of Employment and Health and Safety. The Board also has a nominated member who reviews suspensions and disciplinary matters.
• The Departmental Risk Management Group provides regular updates to the Audit Committee and the Corporate Management Board .
• The Information Security and Governance Board oversees compliance with the Information Management Code.

13. THE DEPUTY OF ST. JOHN THE MINISTER FOR EDUCATION REGARDING CHANGES AT HIGHLANDS COLLEGE SINCE 2014: [1(538)] Question

Will the Minister set out the changes made to staffing arrangements, budgets and curriculum at Highlands College since he was elected as Minister in 2014?

Answer Curriculum

Level 2

Since 2014, Highlands has reshaped its Level 2 curriculum. The Jersey Progression Diploma (JPD) has been introduced in 14 vocational subject areas for students coming out of secondary school. The JPD is designed to significantly improve the life chances of young people by giving them the skills to progress from a Level 1 course at school to Level 2 courses in the College, which makes them more employable.

In 2014, 20.4% of full-time students were enrolled on Level 1 or entry level qualifications. In 2017, only 5.9% of students are on Level 1/entry courses.

The JPD has been developed in line with UK best practice in further education by:

• enabling students to try vocational subjects
• ensuring that literacy and numeracy and wider communications skills are well developed so that students can gain employment
• focussing on students who have under-achieved by giving them the knowledge and skills to progress
• engaging employers and asking them to contribute
• developing students' resilience
• offering meaningful work experience that develops self-esteem.

New Courses

• In 2016, new full-time courses in Animal Management and Performing Arts were introduced and new courses in Digital Games Design and Uniform Public Service are in development for 2018.
• In 2017, a new BSc Degree in Psychology and Criminology was introduced and recruited to target.
• A new Level 4 Apprenticeship in Hospitality Management has been developed and starts this term.
• The Highlands Professional Development centre has created new short courses in response to requests from industry. These are taught in the newly refurbished Professional Development Centre on the d'Hautree site.

Standards

• In 2015 the overall pass rate for full-time courses at Highlands College was 87%. The overall pass rate for 2017 is 95.6%. This is an increase of 8.6% over three years and 5.6% higher than the benchmark of 90% for further education colleges in England.
• The 2017 pass rate for the qualification element of apprenticeships that Highlands delivers stands at 87.6%, which is 18.7% higher than in England.

Staffing arrangements

The number of managers at Highlands College since 2014 has reduced by two on the senior team and by two on the middle management team. The management structure has been re-balanced so that each senior manager has a specific overarching cross-college responsibility and a reporting team of five departments. There have been no changes to the roles of lecturing staff or business support staff beyond the usual process of reviewing responsibilities and accountabilities.

Budgets

• The figures are for financial (calendar) years rather than for academic years.
• 2014/15/16 are actual budgets but 2017 is planned income and expenditure.
• The increase in income reflects the growth in commercial activity of the college.
• The reduction in Department grant is due to a fall in the number of school leavers for this year group (the College is funded per student) and the accelerated progression of students into employment or apprenticeships (fewer are on three-year full-time programmes).
• These figures include £158,000 in 2015 for the ICT strategy, minor works of £50,000 in

2015 and £40,000 in 2016, and £63,798 in 2016 for the teachers' pay award.

• The 2017 budget includes £200,000 for IT Infrastructure upgrade.
• The  difference  in  staffing  expenditure  between  2015  and  2016  reflects  savings  in management salaries
• The percentage of budget spent on staffing in 2014 was 83.7% and this is projected to reduce by 1.1% in 2017.
• The projected ratio of public funding of the college to income in 2017 is 74.2% subsidy and 25.8% income, which is a 4.2% reduction in reliance on grant income compared to the

position in 2014.

14. DEPUTY  M. TADIER  OF ST.  BRELADE  OF  THE  CHIEF  MINISTER REGARDING SUDDEN DEATH INQUESTS: [1(539)]

Question

Will  the  Chief  Minister  request  confirmation  from  the  Viscount's  Department  of  how  many inquests (following sudden death) have taken place since January 2016; what the average waiting time is for inquests to be completed; how many inquests have taken more than three months to complete; and how many have taken more than six months?

Answer

The Deputy Viscount has confirmed that in the period from 1 January 2016 to 3 October 2017, there were a total of 288 reported cases of sudden or unexpected death and 63 inquests were held. As at 3 October 2017 there are 30 inquest cases due to be held, of which 16 cases are where the death occurred more than six months ago.

The aim is to complete all inquests as soon as possible following the date of death and, in any event, within a period of six months of that date. This reflects the target time for the holding of inquests in England & Wales (although the law and procedure is different). However, the six month target time may not be met for a number of legitimate reasons such as ongoing criminal proceedings; or the need to wait for information and reports, such as specialist accident investigator reports, or serious incident reviews; the availability of experts and witnesses; and the needs of the family of the deceased.

Further information on waiting times is not currently collected and collated, but more detailed information about the coroner service is contained in the Court Service Annual Report 2016, which can be found in the reports and documents section at www.gov.je/viscount, and the Viscount and the Deputy Viscount are content to discuss these matters with any Member.

15. DEPUTY G.P. SOUTHERN OF ST. HELIER OF THE MINISTER FOR HOUSING REGARDING RENT LEVELS FOR TENANCIES OF ANDIUM HOMES: [1(540)]

Question

Further to the response to Written Question 1(497), will the Minister –

1. provide her assessment of whether the figures shown for rentlevelsof all new tenancies for Andium Homes (post-July 2014) can be categorised as affordable' for those in the lowest household income quintiles (i.e. with incomes below £23,900) or whether these households are consequently placed in housing stress;
2. provide an assessment of whether the increases in rent levels ofupto30% for around 1,300 Andium tenants will either cause hardship for many or raise significantly the tax revenues required to fund the Income Support housing component;
3. clarify whether theaveragerents shown will rise over time to 90% of the private sector rent levels indicated in the second table of that response and, if not, what levels will apply;
4. explain how the restoration ofthe rent tribunal system levels can reduce high rents given that properties let for a termoflessthan 9 years on a written contractmadeunder Article 7 and properties in respectofwhichtheStatesorany administration of the States is either the lessor or the lessee are exempt?

Answer

1. The rent levels for all new Andium Homes tenancies set out in response to Written Question 1(497) reflect the policy of charging 90% of market equivalent rents for social housing properties. This policy was adopted by the Assembly in P.33/2013 The ReformofSocial Housing'. The policy ensures that tenants pay a fair level ofrent that reflects the value of their property, and underpins the substantial investment that is being made in social housing.

Many Andium Homes tenants will be in receipt of Income Support and the housing component of the benefit provides financial assistance towards the reasonable costs of renting a social housing property. In these circumstances, Income Support will recognise the full amount of rent charged for a social housing property provided that the household is occupying a property appropriate to its need.

Moreover, Andium Homes' refurbishment programme means that all tenants will benefit from improved insulation and energy efficiency in their properties, which will decrease the amount of disposable income they will spend on energy costs.

2. As stated above, the 90% rents policy should not cause hardship for Andium Homes' tenants because low income households are protected from rent increases through the assistance provided by Income Support and the refurbishment programme funded by the policy.

The financial implications to Andium tenants receiving Income Support of the 90% rents policy were set out in P.33/2013 and are built into the Income Support budget. The impact was outlined in the 2015 Annual Update to the MTFP Social Security Department Annex (p. 94). Andium Homes makes a significant return to the States each year, and in 2016 made a return of £27,728 million to the Treasury, which is greater than Income Support housing component expenditure for Andium Homes Tenants.

3. The average private rented sector levels set out in the second table of Written Question 1(497) are reflective of a rangeof different types, sizes and locations of property across the sector. It does not, therefore, necessarily translate that the rent levels in the Jersey House Price Index will reflect the rents of the social housing portfolio owned and managed by Andium Homes.

Social housing providers set rents by obtaining independent valuations from reputable estate agents who will conduct a valuation of social housing properties against comparable properties in the private rented sector.

4. The Minister is giving consideration to reinstating the Rent Control Tribunal under the Dwelling-Houses (Rent Control) (Jersey) Law 1946 in order to provide tenants in the private rented sector with protection against unreasonable rent increases.

Where a tenancy to which the Law applies had been referred to the tribunal, the tribunal would be able to review the sum of rent payable and (with reference to market rents for equivalent types of property) determine whether that rent was reasonable. If the tribunal determined that the rent was not reasonable, the tribunal would have the power to increase or decrease the sum of rent payable as appropriate.

The tribunal would not apply to tenancies where a landlord had used the standard lease provided under the 1946 Law or where the States was either the lessor or lessee. The provisions of the 1946 Law are consistent with the types of rent control used in a number of European countries, where rents may not increase above specified rental benchmarks. However, it is important to stress that economic evidence suggests that imposing restrictions on rents can have the opposite effect and reduce the supply of rented properties in the market, therefore raising rents in the market (R.87/2015). The Minister will take all these matters into consideration before making a final decision.

Separately, the Minister for Housing will shortly be lodging proposals to introduce a regulatory framework for social housing which will include service delivery standards relating to rental levels.

In order to keep housing affordable, the most effective policy is to build more homes. In this regard, we are on track to deliver more than 1,000 affordable homes by 2020 – for affordable rent and purchase – and have commenced work on a Strategic Housing Market Assessment in order to determine the island's housing needs up to 2030, which will inform the next Island Plan.

16. DEPUTY L.M.C. DOUBLET OF ST. SAVIOUR OF THE MINISTER FOR THE ENVIRONMENT REGARDING NITRATE LEVELS IN JERSEY'S MAINS WATER SUPPLY: [1(541)]

Question

Can the Minister outline and reference what evidence he has, particularly in regard to nitrate levels, to assure the public that Jersey's mains water supply is safe for consumption for:

1. adults and children over the age of 2;
2. pregnant women;
3. children under the age of 2;
4. breastfed babies under 6 months whose mothers drink Jersey tap water; and
5. formula-fed babies under 6 months whose main sourceof nutrition is powdered milk made with boiled Jersey tap water?

Answer

Jersey's mains water supply is provided by Jersey Water, is governed by the Water (Jersey) Law 1972, and regulated by my department. The law includes physical, chemical and bacteriological parameters and limits for water to be deemed wholesome, meeting European Union Directives on water quality.

Jersey Water monitor the quality of their supplies frequently and test thousands of samples taken throughout the year from water sources, treatment works, storage reservoirs and customers' taps. Their monitoring programme is discussed with my department and agreed by me, and is based on health parameters adopted across the world. The samples are taken according to agreed protocols and are tested in both Jersey Water's own laboratory and suitably accredited external laboratories. Results from this monitoring are supplied to my department. In addition other samples are taken by my department from time to time.

The results of Jersey Water's sampling is published and available on their website, https://www.jerseywater.je/water-quality/water-quality-report/

In 2016 of 19,997 regulatory analyses carried out on treated water only 2 were outside the regulatory parameters. Neither of these posed a risk to health. On the very rare occasion there is a regulatory breach, Environmental Health within my department is notified immediately and investigations are undertaken. If there is deemed to be a health risk the public is informed by Environmental health in consultation with Jersey's Medical Officer of Health.

In relation to Nitrate levels, throughout 2016, and for the third consecutive year, nitrates in the treated water supply complied with the regulatory limit of 50mg/l. This is in spite of levels in streams and raw water sources exceeding this limit during part of the year. Nitrate levels are subject to a RAG (Red /Amber/Green) rating and Environmental Health is kept aware of the nitrate levels leaving Augrès and Handois treatment works. If levels approach the regulatory limits the frequency of reporting is increased. Environmental Health will inform the public should there be a potential or perceived health risk and advise on any action required. The level to date in 2017 has not exceeded 40 mg/l. RAG rating is currently green.

The UK Health Protection Agency (now Public Health England) has reviewed and reaffirmed its health risk assessment in relation to nitrate in drinking water. This health advice has not changed and remains as follows:

there is no  concern for adult  human health  from consumption of  drinking water with nitrates up to a level of 100 mg/l. (The regulatory limit is 50 mg/l).

However, bottle-fed infants are considered to be more susceptible to the effects of nitrates. Therefore there may be concern for the health of bottle fed infants consuming water failing the nitrate standard of 50 mg/l in certain circumstances (see footnote).

There is no specific advice for expectant or nursing mothers, however it would be prudent to follow the same advice as that for bottle fed infants. It should be noted that there has not been any recorded incident of methaemoglobinaemia in Jersey and the last recorded case related to nitrates in the UK was in 1972.

The current drinking water standard for Nitrate is 50 mg/l (milligrams per litre), consistent with the UK and other EU countries. This EU standard is based on the World Health Organisation's guideline value for drinking water, which is also 50 mg/l. This level is intended as a safeguard against methaemoglobinaemia (blue baby syndrome).

I am pleased to be able to state that for all parameters, including nitrates, Jersey's mains water supply is safe for consumption by all those in the categories mentioned in the question.

Footnote:

Public Health England advice note on nitrate is that:

Bottle-fed infants up to the age of 6 months, and in particular those under 3 months, are considered to be most susceptible to infantile methaemoglobinaemia (blue baby syndrome) caused by high nitrate level. Therefore, when nitrate concentrations exceed 50 mg/l as NO3, it may be necessary for bottle fed infants up to the age of 6 months to be given ready-made liquid formulae or feeds made from an alternative low nitrate water supply. On the basis of WHO advice these precautions are recommended when the high nitrate water supply is also of uncertain microbiological quality or it is known to be microbiologically contaminated. The general population should not consume water when nitrate concentrations exceed 100 mg/l as NO3or nitrite concentrations exceed 3 mg/l as NO3- in the short term.

17. DEPUTY J.A.N. LE FONDRÉ OF ST. LAWRENCE OF THE MINISTER FOR INFRASTRUCTURE REGARDING THE INTERNATIONAL CONFERENCE ON SEA LETTUCE MANAGEMENT: [1(542)]

Question

With regard to the International Conference on Sea Lettuce Management being held on 5th and 6th October 2017, will the Minister outline –

1. the totalcostof arranging and running the conference (including any entertainment, and grants and contributions to attendees and / or speakers);
2. whether any practical solution or result hasarisen,or is likelyto arise, fromthis investment; and
3. whether there has been any liaison with French academicsor researchers (for example, at Caen or Rennes) researching this same subject?

Answer

1. Firstly I must thank the Deputy for this question and for his attendance at the public conference summary and Q&A session on Friday afternoon. This international conference, the first of its type in the world was well attended and received by internationally renowned scientists who specialise in Ulva (SeaLettuce). Over 60 delegates attended the main event and approximately 35 attendees were at the public summary and Q&A session.

As the International Conference on Sea Lettuce Management was only held within the past few days the full out turn costs have yet to be finalised however the current estimated full costs are expected to be in the range of £38,000 - £40,000. This covers an initial feasibility study, event planning and work to contact a range of worldwide and keynote speakers, event organisation and venue costs, keynote speaker and overseas delegate costs where appropriate and conference follow up administration costs.

Whilst there was a significant cost to host this event the long-term value in the knowledge gained and contacts made will outweigh the short-term cost. Indeed the avoidance of future unjustified capital investment is an important factor. For example, the knowledge gained at the conference of a similar situation in New Zealand where considerable costs in diverting the effluent water from their sewage treatment works away from the bay, resulted in no reduction in the Ulva problem that they face.

On this point alone, local comparison figures are a £40K conference cost, versus a £10M long-sea' outfall extension pipe for the new STW (capital project cost of £69M) plus ongoing additional energy costs for its operation.

2. The aim ofthe conference was to bring together impacted stakeholders and leading experts from varied international backgrounds so that research findings, ideas and practical experiences could be shared and management strategies discussed.

It provided local States members, officers and regulators, environmental action groups, industry stakeholders, interested public attendees and the media with a unique insight into the research and work being carried out internationally to deal more effectively with this ongoing worldwide problem.

These conference aims were achieved.

The conference presentations confirmed that the long-term key to reducing the growth of this algae lies in reducing nitrate levels in streams and groundwater which will also assist the levels emitted through the STW. Locally this means continuation of the work already underway by DoE, Jersey Water and the local agriculture industry to reduce nitrates entering the land through the work of the Water Plan' and the Action for Cleaner Water Group'. We are, however also affected by high level of nitrates in the surrounding waters and are in part reliant on similar work being carried out in the local' French agricultural industry to reduce their nitrate use which feeds into local waters.

The conference also highlighted a number of local non-States initiatives and ideas that are either under trial, being re-visited or under consideration.

On the international level: one output from the conference was the intention for a forum/portal to facilitate further sharing of knowledge between all involved with this problem globally, to the set up – possibly by our consultants, Ricardo Energy and Environment.

On the local front: the setting up of a Sea Lettuce Forum, possibly chaired by my Department, was seen to be required leading to better education and communication on this subject.

The UK, Irish and New Zealand answer to dealing with collected sea lettuce by composting is an option previously considered by DfI, and indeed is already carried out in small quantities by the Department, however the size and location of the available composting site limits the greater user of this method of disposal.

The Department is involved with trial work on another of the other worldwide' disposal options which is to spread sea lettuce directly onto suitable agricultural and more work on this will continue in 2018.

3. I am pleased to confirm tothe Deputy that the significant international contacts made aheadof the conference included several French organisations who are actively involved in research, management and/or re-use of sea lettuce.

Contact was made with senior representatives from:

Ifremer - Dinard Laboratory (Institute Francais de Recherche pour I'Exploitation de la Mer)

DRAFF Bretagne (Direction Régionale de l'Alimentation, de I'Agriculture et de la Foret de Bretagne, Rennes)

Lannion-Trégor Communaauté (Local catchment committee chair) Le Committee de Basins Versantes de Léguer

Smel – St-Lo, Normandy (Synergie mer et littoral)

and CEVA (Centre d'Etude et de Valorisation des Algues)

Indeed one of the key-note speakers was from CEVA, which is the only technical centre in Europe dedicated to the study and valorisation of algae, and were well placed to represent the forefront of algal research in France and possibly globally.

The key contact at Ifremer would have attended but for a clash of commitments.

In addition, two French commercial organisations involved with the harvesting and re-use of Ulva also were amongst the attending delegates.

Other keynote speakers presented papers on work in:

New Zealand Eire

England Wales Jersey

18. DEPUTY G.P. SOUTHERN OF ST. HELIER OF THE MINISTER FOR SOCIAL SECURITY REGARDING THE OPERATION OF THE LOWER CONTRIBUTION THRESHOLD: [1(543)]

Question

Will the Minister explain how the rules around the lower contribution threshold of £880 per month operate; is it her assessment that the rules operate fairly and, if not, what measures does she propose to improve matters?

Will she also advise whether a worker whose monthly contributions (in the relevant quarter to claim Short-Term Incapacity Allowance (STIA)) are £900, £700 and £900 (giving a quarterly total of £2,500) qualifies to receive STIA and whether an employee whose monthly contributions are £850, £850 and £850 (also giving a total of £2,550) fails to meet the threshold and does not therefore qualify for STIA?

Answer

In 2017, £884 per month is the minimum amount a person must earn (the "Lower Earnings Limit") to pay enough contributions to be insured and entitled to claim working age contributory benefits. This limit is directly linked to the value of contributory benefits available.

Contributory benefits are paid based on a person's monthly contribution record. Contributory benefits include maternity benefits and incapacity benefits. These provide a standard rate of benefit with this rate being set approximately equal to the minimum weekly wage needed to create a contribution record. If a person is off work sick they can claim a Short Term Incapacity Allowance (STIA) of up to £204.19 a week, which is equivalent to just over £884 a month.

The amount a person can claim depends on the contributions they have paid. To get the full amount of STIA the person must:

1. Have contributed for at least three months during their working life – they must have paid enough contributions for at least three months during their working life and before the end of the relevant quarter
2. Have a recent contribution record before their sickness – they must have paid or been credited with enough contributions for each month in the relevant quarter

Enough contributions means paying contributions on earnings at or above the lower earnings limit (£884 per month in 2017).

The following table explains when the relevant quarter is:

If a person has contributed enough for at least three months during their working life, but only has a contribution record in one or two months of the relevant quarter before their sickness, they will get 1/3 or 2/3 of the full rate of STIA.

The eligibility rules are clear and are applied fairly to all workers covered by the Social Security contributory scheme. The current scheme was established in 1975 and the last major review was undertaken at the end of the 1990s. The Social Security department is now reviewing the Social Security  scheme  again  to  ensure  that  it  continues  to  meet  the  needs  of  current  and  future generations of workers. A series of public consultations and expert reviews will look at all major areas of the scheme and a programme of changes will be drawn up for approval by the next States Assembly.

The examples quoted in the question provide monthly earnings between £700 and £900, giving weekly wages of between £161 and £208. With an hourly minimum wage rate of £7.18 this represents part time work of no more than 29 hours per week. With part time wages at this level, the worker is likely to qualify for assistance from Income Support or may be a member of a household that includes another working partner.

The first example in the question is someone who earns £900, £700 and £900, which is above the threshold in two of the three months of the relevant quarter. They would get 2/3 of the full amount of STIA each day they are sick. If the worker is a member of an income support household, this benefit can also be adjusted if there is a shortfall in the basic income of the household.

The second example in the question is someone who earns £850 on a regular basis each month. At minimum wage, this represents part time work of 28 hours a week. This worker falls below the minimum level at which a contribution record is achieved and they would not be able to claim any STIA.

If there is a legitimate reason why the worker cannot work full time, they are likely to be covered by Income Support. When people who claim Income Support are off work sick, their benefit will adjust upwards to make up for the loss of wages.

19. DEPUTY  G.P.  SOUTHERN  OF  ST.  HELIER  OF  THE  CHIEF  MINISTER REGARDING COMMUNICATION WITH THE EMPLOYMENT FORUM: [1(544)] Question

Given that the Chair of the Employment Forum, when referring to the recommended rise in the minimum wage, has stated that "on top of this, the Minister [for Social Security] asked the Forum to recommend the highest rate that it can for April 2018", will the Chief Minister inform members what actions, if any, he took to promote this aim and what communications, if any, took place between his officers and the Employment Forum on this matter; and will he advise how he has ensured that any such actions or communications have not placed undue pressure on the Forum and called into question its political neutrality?