States Meeting Transcript - 12th September 2017

STATES OF JERSEY OFFICIAL REPORT

TUESDAY, 12th SEPTEMBER 2017

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

1. Welcome to Members ....................................................................8 The Bailiff : ......................................................................................8
2. Welcome to His Excellency The Lieutenant Governor..................................8

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

2. Resignations of Connétable Alan Simon Crowcroft of St. Helier , Deputy Judith

Ann Martin of St. Helier and Mr. Gary Drinkwater from the Public Accounts Committee................................................................................8

QUESTIONS ......................................................................................8

3. Written Questions........................................................................9

1. DEPUTY G.P. SOUTHERN OF ST. HELIER OF THE MINISTER FOR SOCIAL SECURITY OF THE MINISTER FOR SOCIAL SECURITY REGARDING THE RECENTLY ANNOUNCED INCREASE IN THE STATES PENSION: [1(459)]......9
2. DEPUTY M. TADIER OF ST. BRELADE OF THE MINISTER FOR HEALTH

AND SOCIAL SERVICES REGARDING THE NUMBER OF DEATHS FROM OVERDOSES OR DRUG-RELATED CAUSES: [1(460)].............................10

3. DEPUTY S.Y. MÉZEC OF ST. HELIER OF THE CHIEF MINISTER REGARDING IMPLEMENTATION OF THE STRATEGIC PLAN: [1(461)]........................10
4. DEPUTY S.Y. MÉZEC OF ST. HELIER OF THE CHIEF MINISTER REGARDING LEGISLATION TO ENABLE SAME-SEX MARRIAGES: [1(462)]..................11
5. DEPUTY S.Y. MÉZEC OF ST. HELIER OF THE MINISTER FOR SOCIAL SECURITY REGARDING COMMUNICATION WITH BENEFIT CLAIMANTS: [1(463)]................................................................................11
6. DEPUTY S.Y. MÉZEC OF ST. HELIER OF THE CHAIRMAN OF THE COMITÉ DES CONNÉTABLES REGARDING MEASURES TO INCREASE PUBLIC PARTICIPATION IN ELECTIONS FOR PARISH ROLES: [1(464)]..................12
7. DEPUTY G.P. SOUTHERN OF ST. HELIER OF THE CHIEF MINISTER REGARDING THE GENERATION OF ECONOMIC GROWTH: [1(465)]...........13
8. DEPUTY M. TADIER OF ST. BRELADE OF THE CHAIRMAN OF THE PRIVILEGES AND PROCEDURES COMMITTEE REGARDING THE COMMITTEE'S PLANS TO ADDRESS UNDER-REPRESENTATION IN

CERTAIN PARISHES: [1(466)].......................................................14

9. DEPUTY M. TADIER OF ST. BRELADE OF THE MINISTER FOR SOCIAL SECURITY REGARDING THE PROSPECT OF INTRODUCING SHARED PATERNITY LEAVE: [1(467)]........................................................14
10. THE DEPUTY OF ST. OUEN OF THE MINISTER FOR HEALTH AND SOCIAL SERVICES REGARDING ASSESSMENT PROCESSES AND INTERVENTION THRESHOLDS IN RESPECT OF CHILDREN IN CARE: [1(468)]...................15
11. SENATOR S.C. FERGUSON OF THE MINISTER FOR TREASURY AND RESOURCES REGARDING THE PROFIT ARISING FROM THE COMPLETION OF THE FIRST BUILDING OF THE JERSEY INTERNATIONAL FINANCE CENTRE: [1(469)].....................................................................17
12. SENATOR S.C. FERGUSON OF THE MINISTER FOR TREASURY AND RESOURCES REGARDING THE PROSPECTIVE PAYMENT OF £50 MILLION TO THE STATES FOR THE REGENERATION OF ST. HELIER: [1(470)]..........17
13. THE CONNÉTABLE OF ST. HELIER OF THE MINISTER FOR INFRASTRUCTURE REGARDING IMPROVEMENT WORKS IN MIDVALE ROAD: [1(471)]........................................................................18
14. THE CONNÉTABLE OF ST. HELIER OF THE MINISTER FOR INFRASTRUCTURE REGARDING LEGISLATION CONCERNING DRIVING WHILST USING A MOBILE PHONE: [1(472)] ......................................19
15. THE CONNÉTABLE OF ST. HELIER OF THE MINISTER FOR TREASURY AND RESOURCES REGARDING THE PAYMENT OF RATES ON STATES PROPERTIES: [1(473)]................................................................20
16. DEPUTY G.P. SOUTHERN OF ST. HELIER OF THE CHIEF MINISTER REGARDING THE CHIEF MINISTER'S RESPONSE TO RAISING THE MINIMUM WAGE: ECONOMIC AND FISCAL IMPACTS' (R.83/2017): [1(474)] ..21
17. DEPUTY M. TADIER OF ST. BRELADE OF THE MINISTER FOR THE ENVIRONMENT REGARDING AIR QUALITY IN THE TUNNEL: [1(475)]........21
18. DEPUTY G.P. SOUTHERN OF ST. HELIER OF THE MINISTER FOR SOCIAL SECURITY REGARDING THE USE OF ZERO-HOUR CONTRACTS: [1(476)]....22
19. DEPUTY M.R. HIGGINS OF ST. HELIER OF THE MINISTER FOR HOME AFFAIRS REGARDING THE PROCEDURES FOR DEALING WITH ILLEGAL IMMIGRATION AND POLITICAL ASYLUM: [1(477)]..............................24
20. DEPUTY M.R. HIGGINS OF ST. HELIER OF THE MINISTER FOR HOME AFFAIRS REGARDING THE REPATRIATION OF PRISONERS: [1(478)] .........25
21. DEPUTY M.R. HIGGINS OF ST. HELIER OF THE MINISTER FOR TREASURY AND RESOURCES REGARDING INFLATION IN THE ISLAND: [1(479)].........38
22. DEPUTY M.R. HIGGINS OF ST. HELIER OF THE MINISTER FOR TREASURY AND RESOURCES REGARDING THE MEASUREMENT OF PRODUCTIVITY

IN JERSEY: [1(480)]..................................................................39

23. DEPUTY G.P. SOUTHERN OF ST. HELIER OF THE MINISTER FOR HEALTH AND SOCIAL SERVICES REGARDING PLANS FOR A NEW GOVERNANCE MODEL FOR JERSEY'S HEALTH SERVICE: [1(481)] ..............................40

4. Oral Questions ..........................................................................41

1. Deputy M. Tadier of St. Brelade of the Minister for Social Security regarding the level of Income Support rental component received by Andium Homes and other housing associations: [1(489)]...........................................................41

Deputy S.J. Pinel of St. Clement (The Minister for Social Security): .........................41

1. Deputy M. Tadier :......................................................................42
2. Deputy G.P. Southern of St. Helier:....................................................42

3. Deputy G.P. Southern :..................................................................42

4. Senator S.C. Ferguson:.................................................................43
5. Deputy G.P. Southern :..................................................................43
6. Deputy M. Tadier :......................................................................43

2. Deputy K.C. Lewis of St. Saviour of the Assistant Minister for Economic Development, Sport and Culture regarding the securing of restricted areas of Fort regent: [1(488)]..........................................................................44

Connétable S.W. Pallett of St. Brelade (Assistant Minister for Economic Development,

Sport and Culture):.....................................................................44

1. Deputy K.C. Lewis :....................................................................44
2. Deputy M. Tadier :......................................................................45
3. Deputy K.C. Lewis :....................................................................45

3. Deputy J.M. Maçon of St. Saviour of the Minister for Education regarding the

work of his department to prepare young people to participate in the upcoming elections: [1(457)]........................................................................45

Deputy R.G. Bryans of St. Helier (The Minister for Education):..............................45

1. Deputy J.M. Maçon:....................................................................46
2. Deputy S.Y. Mézec of St. Helier : ......................................................46
3. Deputy S.Y. Mézec : ....................................................................47
4. Deputy C.F. Labey of Grouville : .......................................................47
5. Deputy M. Tadier :......................................................................47
6. Deputy M. Tadier :......................................................................48
7. Senator S.C. Ferguson:.................................................................48
8. Senator S.C. Ferguson:.................................................................48
9. Deputy G.P. Southern :..................................................................48
10. Deputy J.M. Maçon: ................................................................49

4. Deputy S.Y. Mézec of the Minister for Social Security regarding her Department's communication with benefit claimants: [1(490)] .......................................49

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

1. Deputy S.Y. Mézec : ....................................................................49
2. Deputy G.P. Southern :..................................................................50
3. Deputy G.P. Southern :..................................................................50

5. Deputy R. Labey of St. Helier of the Chief Minister regarding the consultation paper, Judicial Independence and the Establishment of a Judicial and Legal services Commission': [1(483)]..........................................................50

Senator I.J. Gorst (The Chief Minister):......................................................51

1. Deputy R. Labey : ......................................................................51
2. Deputy R. Labey : ......................................................................51

6. Deputy G.P. Southern of the Minister for Housing regarding recent changes to rent levels set by Andium Homes and how those changes met policy in respect of rent levels: [1(486)]...........................................................................52

Deputy A.E. Pryke of Trinity (The Minister for Housing):....................................52

1. Deputy G.P. Southern :..................................................................52
2. Deputy G.P. Southern :..................................................................52
3. Deputy G.P. Southern :..................................................................52
4. Deputy T.A. Vallois of St. John:........................................................53
5. Deputy G.P. Southern :..................................................................53

6. Deputy G.P. Southern :..................................................................53

7. The Deputy of Grouville of the Minister for Infrastructure regarding the pursuit of payments for encroachments on the foreshore: [1(484)]...............................53

Deputy E.J. Noel of St. Lawrence (The Minister for Infrastructure):..........................53

1. The Deputy of Grouville : ..............................................................54
2. The Deputy of Grouville : ..............................................................54

3. Deputy S.M. Brée of St. Clement : ......................................................55
4. Deputy S.M. Brée:......................................................................55
5. Connétable J.E. Le Maistre of Grouville :...............................................55
6. Deputy S.M. Wickenden of St. Helier:..................................................55

7. Deputy R.J. Renouf of St. Ouen : .......................................................56
8. The Connétable of Grouville : ..........................................................56
9. The Deputy of Grouville : ..............................................................56

8. Senator S.C. Ferguson of the Minister for Environment regarding the revision of

the Masterplan for the St. Helier Waterfront: [1(482)]................................57

Deputy S.G. Luce of St. Martin (The Minister for Environment):............................57

1. Senator S.C. Ferguson:.................................................................57
2. Senator S.C. Ferguson:.................................................................57
3. Connétable A.S. Crowcroft of St. Helier:...............................................57
4. Deputy G.P. Southern :..................................................................57
5. Senator S.C. Ferguson:.................................................................58

9. The Connétable of St. Helier of the Minister for Infrastructure regarding the introduction of solid and liquid waste charges on the commercial sector: [1(485)] ...58

Deputy E.J. Noel (The Minister for Infrastructure): ..........................................59

1. The Connétable of St. Helier : ..........................................................59
2. The Connétable of St. Helier : ..........................................................59

3. Deputy G.P. Southern :..................................................................59
4. The Connétable of St. Helier : ..........................................................60

10. Deputy M.R. Higgins of St. Helier of the Minister for Home Affairs regarding reviews of the States of Jersey Police: [1(493)] .........................................60

Deputy K.L. Moore of St. Peter (The Minister for Home Affairs):............................60

1. Deputy M.R.Higgins:...............................................................60
2. Deputy M.R.Higgins:...............................................................60

11. Deputy M.R. Higgins of the Minister for Home Affairs regarding the prospective publication of the response of the former Chief Officer of the States of Jersey Police to the Wiltshire Report': [1(494)] ......................................................61

The Deputy of St. Peter (The Minister for Home Affairs):....................................61

1. Deputy M.R.Higgins:...............................................................61
2. Deputy M.R.Higgins:...............................................................61

12. Deputy J.M. Maçon of the Minister for Treasury and Resources regarding a

solution for funding students going to university in 2017: [1(458)]....................62

Senator A.J.H. Maclean (The Minister for Treasury and Resources):.........................62

1. Deputy J.M. Maçon: ................................................................62
2. Deputy L.M.C. Doublet of St. Saviour:..............................................62

13. Deputy G.P. Southern of the Chief Minister regarding the state of Jersey's

economy: [1(492)]........................................................................62

Senator I.J. Gorst (The Chief Minister):......................................................63

1. Deputy G.P. Southern :..............................................................63
2. Deputy G.P. Southern :..............................................................63
3. Deputy S.Y. Mézec :.................................................................63
4. Deputy G.P. Southern :..............................................................64
5. Deputy M.R.Higgins:...............................................................64
6. Deputy G.P. Southern :..............................................................65

14. Deputy S.Y. Mézec of the Minister for Infrastructure regarding work undertaken during the summer recess on the proposed waste disposal tax: [1(491)]..............65

Deputy E.J. Noel (The Minister for Infrastructure): ..........................................65

1. Deputy S.Y. Mézec :.................................................................66
2. Deputy G.P. Southern :..............................................................66
3. Deputy G.P. Southern :..............................................................67
4. Deputy S.Y. Mézec :.................................................................67

5. Questions to Ministers without notice - The Minister for Treasury and Resources ..67

1. Deputy G.P. Southern :..................................................................67 Senator A.J.H. Maclean (The Minister for Treasury and Resources):.........................67

1. Deputy G.P. Southern :..................................................................67
   2. The Deputy of St. Ouen:................................................................68
   3. Deputy M.R. Higgins: ..................................................................68

5.3.1 Deputy M.R. Higgins: ..................................................................68

4. Deputy J.A.N. Le Fondré of St. Lawrence:.............................................68
5. Deputy G.J. Truscott of St. Brelade:....................................................69
6. Deputy S.Y. Mézec : ....................................................................69
7. Deputy A.D. Lewis :....................................................................70

5.7.1 Deputy A.D. Lewis :....................................................................70

8. Deputy G.P. Southern :..................................................................70

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

1. Deputy G.J. Truscott: ..................................................................71 Deputy R.G. Bryans (The Minister for Education):...........................................71
2. Deputy G.P. Southern :..................................................................71
3. Deputy L.M.C. Doublet :................................................................71
4. The Deputy of St. John:................................................................72
5. Deputy G.P. Southern :..................................................................72
6. Deputy L.M.C. Doublet :................................................................72

6.6.1 Deputy L.M.C. Doublet :................................................................72

7. Deputy G.P. Southern :..................................................................73

6.7.1 Deputy G.P. Southern :..................................................................73

8. Deputy L.M.C. Doublet :................................................................74

6.8.1 Deputy L.M.C. Doublet :................................................................74

9. The Deputy of St. John:................................................................74

6.9.1 The Deputy of St. John:................................................................74

10. Deputy L.M.C. Doublet :................................................................74
11. Deputy R. Labey : ......................................................................75
12. Deputy G.J. Truscott: ..................................................................75
13. Deputy A.D. Lewis :....................................................................75
14. Deputy M.J. Norton of St. Brelade : ....................................................75

15. Deputy L.M.C. Doublet :................................................................76

PERSONAL STATEMENTS....................................................................76

7. Deputy Andrew David Lewis of St. Helier made a personal statement................76

7.1 Deputy A.D. Lewis :....................................................................76

STATEMENTS ON A MATTER OF OFFICIAL RESPONSIBILITY........................77

8. The Chairman of the Care of Children in Jersey Review Panel made a statement regarding the formation of the Panel...................................................77

8.1 Deputy S.Y. Mézec (Chairman, Care of Children in Jersey Review Panel):............77

1. Senator I.J. Gorst :......................................................................78
2. Deputy L.M.C. Doublet :................................................................78

9. The Minister for Housing made a statement regarding the acquisition of the Gas Works site by Andium Homes..........................................................79

9.1 The Deputy of Trinity (The Minister for Housing):.....................................79

1. Connétable L. Norman of St. Clement:.................................................79
2. Deputy J.A.N. Le Fondré:..............................................................79
3. Deputy G.P. Southern :..................................................................80
4. Deputy G.P. Southern :..................................................................80
5. Deputy S.Y. Mézec : ....................................................................80
6. The Deputy of St. John:................................................................81
7. Senator S.C. Ferguson:.................................................................81
8. Connétable C.H. Taylor of St. John:....................................................81
9. Deputy L.M.C. Doublet :................................................................82
10. Deputy D. Johnson of St. Mary:.....................................................82
11. The Connétable of St. Helier:........................................................82
12. Senator S.C. Ferguson:..............................................................82
13. Deputy J.A.N. Le Fondré:...........................................................83

PUBLIC BUSINESS.............................................................................83

10. Vote of Censure: Deputy A.D. Lewis of St. Helier (P.76/2017) ........................83

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

1. Deputy A.D. Lewis :.................................................................85

LUNCHEON ADJOURNMENT PROPOSED .................................................88 LUNCHEON ADJOURNMENT ................................................................88

2. Connétable M.P.S. Le Troquer of St. Martin:........................................89
3. The Connétable of St. Helier:........................................................91
4. Deputy L.M.C. Doublet : ............................................................95
5. Deputy S.M. Brée:..................................................................96
6. The Connétable of St. John:.........................................................97
7. Senator A.J.H. Maclean: ............................................................98
8. Deputy M. Tadier :..................................................................102
9. Deputy J.A. Martin of St. Helier : ..................................................108
10. Senator I.J. Gorst :...............................................................109
11. Deputy G.P. Southern :..........................................................112
12. Deputy J.A.N. Le Fondré:.......................................................113
13. The Deputy of St. Ouen:........................................................119
14. Deputy S.Y. Mézec :.............................................................122
15. The Deputy of Grouville :........................................................125
16. The Deputy of St. Mary : ........................................................126
17. Deputy S.J. Pinel: ...............................................................126

18. Deputy M.R.Higgins:...........................................................127
19. Deputy A.D. Lewis :.............................................................130
20. The Connétable of St. Clement : .................................................134

ADJOURNMENT..............................................................................137

[9:30]

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

1. Welcome to Members

The Bailiff :

First of all, I welcome Members back from the summer break for the session that continues until Christmas.

2. Welcome to His Excellency The Lieutenant Governor The Bailiff :

I am also pleased to welcome His Excellency. [Approbation]

3. Welcome to the Dean

The Bailiff :

I am sure Members would like me to welcome the new Dean. [Approbation]

4. Welcome to the Assistant Greffier of the States

The Bailiff :

I am sure Members would also like me to welcome and note the return of the Assistant Greffier who is back from maternity leave. [Approbation]

APPOINTMENT OF MINISTERS, COMMITTEES AND PANELS

2. Resignations of Connétable Alan Simon Crowcroft of St. Helier, Deputy Judith Ann Martin of St. Helier and Mr. Gary Drinkwater from the Public Accounts Committee.

The Bailiff :

I give notice to Members that I have received the resignations of the Connétable of St. Helier, Deputy Martin and Mr. Gary Drinkwater from the Public Accounts Committee.

Deputy A.D. Lewis of St. Helier :

May I say something about Mr. Drinkwater? The Bailiff :

No, I am afraid you may not, Deputy . If there is anything you wish to say, which is relevant to the motion that is coming up later on you will be able to say it then. But at the moment, no.

Deputy A.D. Lewis :

It is not the motion, Sir; it is the resignation of Mr. Drinkwater. The Bailiff :

The reason I am not encouraging you to say anything now is that first of all, 2 reasons, that you have stood aside as chairman of the Public Accounts Committee and I think standing aside means it is inappropriate you should say anything at this stage. Secondly, the time for making any tributes to Mr. Drinkwater for the work that he has done may well come at a later stage. We will find some way of doing that.

QUESTIONS

3. Written Questions

1. DEPUTY G.P. SOUTHERN OF ST. HELIER OF THE MINISTER FOR SOCIAL SECURITY OF THE MINISTER FOR SOCIAL SECURITY REGARDING THE RECENTLY ANNOUNCED INCREASE IN THE STATES PENSION: [1(459)]

Question

Will the Minister explain why the press release of 31st August 2017, entitled Jersey pensioners to get more money from October 2017', referred explicitly only to those pensioners in receipt of a full States pension?

Will she also inform members what proportion of locally-resident States pensioners indicated in Figure 7 and Table 8 of Social Security Department: Minister's Report 2016' (R.92/2017) are in receipt of a full single-person pension, currently £204.19, and who will therefore benefit from the full increase of 2.8% (i.e. £5.74) referred to in the press release?

Will she further inform members what the average States pension received by local residents is; and whether it is her assessment that those who receive an average pension or less, and who need to claim Income Support, will effectively receive sub-inflation rises after all benefit changes are in place, and will consequently be worse off than at present?

Answer

The press release of 31st August 2017 accurately explained that

"From 1 October 2017, the Jersey Old Age Pension will increase by 2.8 per cent in line with the increase in the cost of living for pensioners."

Every pensioner will receive the same percentage increase. The press release then provides two examples – pensioners who have a full rate pension and married couples who receive a full rate pension based on the husband's record. These are common pension payment amounts for the Social Security Department.

At the end of 2016, just over a quarter of local pensioners were receiving a full rate Old Age Pension. This includes 2,600 pensioners who are claiming a full pension based on their own record and who will be entitled to a full rate single pension of £209.93 from 1/10/2017 and 1,000 pensioner couples who are claiming a full rate married pension based on the husband's record and who will be entitled to a full rate couple pension of £348.53 from 1/10/2017.

The mean average Old Age Pension amount received by individual pensioners living in Jersey at the end of 2016 was just over £144 a week. Note that this figure averages the amounts received per person, including wives who receive a pension based on their husband's contribution record and are currently entitled to a maximum pension of £134.82.

Income Support increases in October include:

• increases in rental components for Andium and housing trust tenants to fully match any increase in rental
• increases in private sector rental components and all personal components paid to pensioners of 2.9%.

• an increase in the amount of pension income retained by Income Support pensioners from 23% to 25%[1].

The net impact of these changes in percentage terms will vary depending on the exact circumstances of each pensioner household.

2. DEPUTY M. TADIER OF ST. BRELADE OF THE MINISTER FOR HEALTH AND SOCIAL SERVICES REGARDING THE NUMBER OF DEATHS FROM OVERDOSES OR DRUG-RELATED CAUSES: [1(460)]

Question

How many clients of the Drug and Alcohol Service have died from overdoses or drug-related causes in the past 5 years, with these figures broken down by age, sex and by year?

Answer

Information has been collated using available data from completed inquests for drug-related deaths occurring from 01/01/2012 to 31/12/2015, and a comparison made with clients from the Alcohol and Drug Service's electronic records.

A number of inquests for deaths occurring in 2016 and 2017 are not yet complete, with the cause of death not determined. Therefore, these years are not included in this answer.

Over the period 01/01/12 - 31/12/15, 9 individuals – all adults – were known to the Alcohol and Drug Service. Only 5 of these individuals were under the care of the Service at the time of death.

Due to the small numbers involved, we are unable to provide any further breakdown by age, gender or year as this would risk identifying individuals.

3. DEPUTY S.Y. MÉZEC OF ST. HELIER OF THE CHIEF MINISTER REGARDING IMPLEMENTATION OF THE STRATEGIC PLAN: [1(461)] Question

Further to Desired Outcome 5.5 of the Strategic Plan 2015-18', which refers to the development of a new "Public Realm Strategy" for Jersey, will the Chief Minister explain what timetable currently exists for completion of this Strategy?

Furthermore, in light of Desired Outcome 5.11, which refers to an intention to delegate authority to the Parish of St Helier to licence small-scale events within the Parish, what legislative changes, if any, have either been passed or initiated to give the Parish this authority?

Answer

The development of a Public Realm Strategy is underway, initially focussed on St. Helier as part of the work associated with the Future St. Helier strategic priority. This has involved an audit of the existing open space in the town of St. Helier and the development of a survey to better understand what people think about the provision, quality and accessibility of open space in St. Helier .

This survey continues until mid-October – https://www.gov.je/Government/Consultations/Pages/StHelierOpenSpaceSurvey.aspx

The survey findings will be analysed and this information, together with work already undertaken, will inform the  development of the strategy. It  is anticipated that a draft strategy will be published for consultation during Q1 of 2018, with a view to its adoption as soon as possible after that.

As set out in P.56/2016 changes to the events licensing is not a straightforward matter because of the interface with a number of pieces of legislation including, for example, the Road Works and Events (Jersey) Law 2016, Policing of Beaches (Jersey Regulations) 1959 and the Policing of Parks (Jersey) Regulations 2005). Work is being undertaken to consider a viable and long-term solution for small-scale events and it is hoped that changes will be forthcoming during 2018.

4. DEPUTY S.Y. MÉZEC OF ST. HELIER OF THE CHIEF MINISTER REGARDING LEGISLATION TO ENABLE SAME-SEX MARRIAGES: [1(462)] Question

Given that, in response to Written Question 1(150), the Chief Minister stated that the legislation to enable same-sex marriages to take place would be lodged "in Summer 2017", why has this not happened and will the Chief Minister provide an updated timetable as to when this legislation will be brought to the Assembly for debate?

Answer

As explained in the answer to Written Question 1(150), law drafting instructions have been issued.

Those instructions provide for significant changes to the Marriage and Civil Status (Jersey) Law 2001 in order to allow for same-sex marriage, open air marriage and more choice over the content of civil marriage ceremonies.

The amended law will also provide improved safeguards against sham and forced marriage, make it easier for residents and visitors to arrange their weddings in Jersey, and make it easier for Jersey residents getting married overseas to prove their civil status.

The extent of these changes has, unfortunately, delayed the lodging of the draft  law. I am meeting stakeholders within the next week and will publish a more detailed timetable in due course.

5. DEPUTY S.Y. MÉZEC OF ST. HELIER OF THE MINISTER FOR SOCIAL SECURITY REGARDING COMMUNICATION WITH BENEFIT CLAIMANTS: [1(463)]

Question

Is it the Minister's assessment that the information sent to benefits claimants, when their claim has been amended, is adequate and / or sufficiently compassionate in the way it is currently communicated?

Has she, or anyone in her Department, considered altering the format of the letters in which this information is communicated, so that they clearly indicate exactly how much a claimant will receive in future (including how their States pension or disability benefits are taken into account) and not merely explain Income Support entitlement, to ensure that claimants are not left with an incomplete picture that could cause them concern?

Answer

The Department takes pride in maintaining high customer service standards and aims to ensure that face to face, telephone and written communications are always clear and appropriate to the claimant's personal situation.

In very rare cases we fall below these high standards. When this happens we contact the customer  immediately and make sure that they are given the correct  information and  fully understand their benefit situation.

In line with our 2017 business plan commitment for 2017 to "Continue the implementation of our

customer service excellence and improved communications programme;" we are currently reviewing and updating all of our standard letters and are confident that this is already helping to improve understanding of the services and benefits offered by Social Security.

6. DEPUTY S.Y. MÉZEC OF ST. HELIER OF THE CHAIRMAN OF THE COMITÉ DES CONNÉTABLES REGARDING MEASURES TO INCREASE PUBLIC PARTICIPATION IN ELECTIONS FOR PARISH ROLES: [1(464)]

Question

What consideration, if any, has been given to measures to increase public participation in elections for Parish roles, such as Procureur du Bien Public and membership of the Roads Committee? Has any consideration been given to arranging for all elections to Parish Roads Committees and to the office of Procureur to happen simultaneously, so that an Island-wide focus on Parish affairs can take place and joint efforts between Parishes made to generate interest and to increase turn out?

Answer

The election process for the Procureur du Bien Public was changed four years ago when the States approved the Procureurs du Bien Public (Terms of Election) (Jersey) Law 2013. The report to the draft law (P.45/2013[2]) explained that the aim of the legislation was to re-organise the law relating to electing Procureurs du Bien Public and to put an end to problems arising from their elections occurring at random.

The Law provides for a public election for one Procureur du Bien Public in every Parish at intervals of 18 months, the Procureur thus elected to hold office for a term of 3 years. Further, the election dates for the Procureurs du Bien Public now fall on the same day (2nd Wednesday of the month) as those of Centeniers in March and September.

This has the advantage that each Parish holds the nomination meetings on the same evening for both Centenier and Procureur du Bien Public. Whilst the actual nomination meeting dates vary across the 12 parishes, a single Jersey Gazette notice is published thus giving greater emphasis to the forthcoming elections to generate interest within each parish.

The election of the Procureur du Bien Public is also held in accordance with the Public Elections (Jersey) Law 2002. The process was amended in 2003 following the report of the Report of the

Working Party on Parish Assemblies (R.C.38/2001[3]) which recommended that elections for the Office of Procureur du Bien Public be governed by the Public Elections Law rather than be held at a Parish Assembly to ensure that the mandate of the Procureur should be seen to be the widest possible of the electorate within the Parish, thus enhancing the status of the office as befitted the nature and responsibilities of that office.

Members of the Roads Committee are elected at a Parish Assembly. The election process is set out in the Loi (1914) sur la Voirie[4] which says (in translation[5])

The said Principals (members of the Roads Committee) and the said Inspectors shall be chosen for a term of 3 years by an Assembly of the Principals and Officers of their respective parishes, convened for that purpose during the month of December, and they shall commence their duties on 1st January thereafter.

The elections are therefore already in the same month every 3 years although the date of the Parish Assembly is likely to vary from parish to parish. The Comité has not, to date, considered an Island-wide focus on these elections.

7. DEPUTY G.P. SOUTHERN OF ST. HELIER OF THE CHIEF MINISTER REGARDING THE GENERATION OF ECONOMIC GROWTH: [1(465)]

Question

Is it the Chief Minister's assessment that public spending cuts suppress demand within the economy and that, for a genuine sustainable recovery from the 2008 financial crisis to be achieved, such demand has to be boosted?

Is it also his assessment that the policies followed by his government have not achieved their goals of generating economic growth through increased productivity, and balancing tax revenues and spending?

What lessons, if any, has the Chief Minister drawn from the experience of Portugal, where the economy is now in recovery following a restoration of public sector pay, increases in the minimum wage, increasing social security benefits, and a reversal of regressive tax measures?

Answer

The Council of Ministers' approach since the onset of the global financial crisis in 2008 has been to support the economy in a way that will help mitigate some of the impacts on the local economy but also that is sustainable and does not weaken the underlying structural position of government finances. We have followed the advice of the Fiscal Policy Panel (FPP) initially using the Stabilisation Fund to support projects that were timely, targeted and temporary. In subsequent years a large public sector capital expenditure programme has also added significant support to the economy.

We continue to ensure that the government adds support to the economy and we remain committed to following the FPP's advice in their August letter to the Treasury and Resources Minister, which stated that "While it is still appropriate to support the economy in the short term, attention must remain firmly on putting in place measures that contribute to balancing the budget".

Our aim on productivity is to raise the underlying rate of productivity growth through the measures set out in the Strategic Plan and MTFP Addition. This is a difficult challenge which many other governments also face, but it is too soon to judge the impact of the policies we are implementing.

Portugal's experience since the global financial crisis has been interesting. After receiving a bailout from the EU and IMF the economy has shown signs of improvement. In their June 2017 assessment of the Portuguese economy the OECD highlighted that a wide range of structural reforms, backed by accommodative monetary policy and the low oil price, have helped to support growth, boost competitiveness and increase exports. They point out that the outlook is now becoming more challenging and vulnerabilities are rising. With respect to the fiscal position in Portugal the OECD state Portugal has made strong progress in reducing public deficits since 2010, when the deficit peaked at 11.2% of GDP.

The OECD also consider the fiscal stance to be broadly neutral in 2016 and 2017, which is appropriate given the still fragile economic recovery. They conclude that "fiscal policy is in a difficult spot" as putting off fiscal consolidation to support growth implies risks as fiscal sustainability remains weak with public debt of 129% of GDP in 2015.

8. DEPUTY M. TADIER OF ST. BRELADE OF THE CHAIRMAN OF THE PRIVILEGES AND PROCEDURES COMMITTEE REGARDING THE COMMITTEE'S PLANS TO ADDRESS UNDER-REPRESENTATION IN CERTAIN PARISHES: [1(466)]

Question

What plans, if any, does the Privileges and Procedures Committee have to address any under- representation of constituents in Parishes such as St. Helier , St. Clement and Grouville ? Is it the Committee's assessment that such disparities are unacceptable and will the Committee be lodging any proposals to address any unfairness before the elections in May 2018?

Answer

PPC's work since 2015 to identify a way of reforming the composition of the States Assembly to provide for a fairer distribution of voters between electoral districts which would command a consensus in the Assembly is set out in its comments to the proposition entitled Composition and Election of the States Assembly' (P.133/2016) lodged by Deputy Andrew Lewis . Although the Assembly adopted the proposition, as amended, the Assembly did not adopt the law changes necessary to bring the new electoral arrangements into force in time for the next election. The Council of Europe Venice Commission's Code of Good Practice in Electoral Matters advises that the "fundamental elements of electoral law should not be open to amendment less than one year before an election". Consequently, the Committee has no plans to bring forward any further proposals for reform ahead of the election.

9. DEPUTY M. TADIER OF ST. BRELADE OF THE MINISTER FOR SOCIAL SECURITY REGARDING THE PROSPECT OF INTRODUCING SHARED PATERNITY LEAVE: [1(467)]

Question

In light of the work being undertaken on the 1,001 Days Initiative and the importance of paternal input, where possible, to a child's development, what plans, if any, does the Minister have to introduce shared paternity leave for both parents, irrespective of their sex?

Answer

The Minister has already directed the Employment Forum to consult on whether the family friendly rights provided in the Employment (Jersey) Law 2003 should be extended to provide a right for periods of maternity, parental or adoption leave to be shared by two parents, irrespective of gender.

The Forum conducted an extensive public consultation earlier this year and will present its recommendation to the Minister by the end of December 2017. The Minister will review the Forum's decisions and will reach a decision on whether to introduce shared parental leave in January 2018.

The provision of gender neutral parental benefits will also be discussed in the next stage of the Social Security Review public consultation, which is planned for launch in the next few weeks.

10. THE DEPUTY OF ST. OUEN OF THE MINISTER FOR HEALTH AND SOCIAL SERVICES REGARDING ASSESSMENT PROCESSES AND INTERVENTION THRESHOLDS IN RESPECT OF CHILDREN IN CARE: [1(468)]

Question

With reference to the finding at paragraph 3.19 of the Executive Summary of the Report of the Independent Jersey Care Inquiry (R.59/2017) that "there has been insufficient clarity about assessment or thresholds for intervention with the result that some children may still come into care unnecessarily and others may remain in harmful environments", what actions, if any, has the Minister taken following the release of the report to improve the clarity surrounding assessment processes and to establish clear thresholds for intervention? What further actions, if any, will the Minister be taking in these areas and within what timescale?

Answer

Final evidence was submitted to the Jersey Care Inquiry in the spring of 2016. The previous interim Director of Children's Services (J Olsson) gave evidence based on her assessment of the Service up to the point when she left the States of Jersey in August 2015. Ms Olsson was not in a position to comment on the Service beyond that date. Some of the improvements that have taken place over the last two years are summarised in this response.

In August 2016, services working with children in Jersey adopted the  Continuum of Need Guidance (multi-agency) which replaced the previous  children's threshold guidance. This guidance has been endorsed after consultation by the Safeguarding Partnership Board and is the guidance used by all agencies when determining the threshold for levels of intervention, from universal services through to statutory intervention from children's social work services ie this guidance helps bring a consistency of approach to determining the right level of support for a child and identifies the appropriate supporting agency or organisation.

https://safeguarding.je/wp-content/uploads/2016/08/Continuum-of-Need.pdf The framework provides all agencies with clear direction in terms of what to do and how to respond if a family appears to be in need of extra help and support. The guidance gives indicators and examples of levels of need across the continuum.

In relation to thresholds for care proceedings, there is currently a Pre-proceedings Process in place (similar to the Public Law Order process in England) which seeks to agree the facts of the case with parents/carers in advance of an application for a care order. This process can minimise delay and reduce drag and trauma of protracted adversarial legal proceedings. Legal planning meetings are in place chaired by the Children's Social Work Head of Service and attended by staff from children's social work and the Law Officers' Department. These meetings take place when the service is considering an application for legal measures (applying for a care order), with the meeting focussing on concerns about a child's circumstances, thresholds for intervention, legal options and evidence available. The meetings are convened at short notice (often the same day) to ensure there is no delay in applying to the court. The Head of Service is involved to ensure sufficient management oversight of a child's situation.

These developments have led to improvements in the identification and response to children who may be in need or at risk, as well as closer working relationships with children's social work and the law officers with increased positive feedback on the quality of evidence presented from the court, partner agencies, advocates and guardians. The issue of appropriate legislation is currently being considered by the Community and Constitutional Affairs Department and the Law Officers' Department and will be part of the developments that are being discussed and implemented in response to the Care Inquiry Report.

The Multi-Agency Safeguarding Hub (MASH) provides a shared information gathering and analysis and decision-making point for children who require support. The service reprioritised resources earlier this year to meet the increasing demand for children's social work; this was to ensure the circumstances of children who may have been in need or at risk would be assessed by an appropriate professional without delay.

Jersey has not had early help provision until recently. This has had an impact on statutory services and sometimes on children and families themselves as children have come into statutory services who should have had a more preventative approach to the support. This is a growing area in Jersey with an initial pilot led by an early help co-ordinator and support offered in a team around the child' model. This has now received increased resources and a number of family support workers have been employed to develop the service. This should be an increasing area of development. The governance of early help support is currently through the Safeguarding Partnership Board.

The Jersey Practice Model is currently in the development and implementation stage. It is a multi-agency framework to work with children who may need support. Agencies have developed and planned the implementation of a model of working to support the child, young person and their family – from universal services through to statutory intervention. Practice guidance and documents have been developed that can be used at any point of intervention throughout the child/young person's involvement with services. The model will support the early intervention of agencies and help to identify the appropriate service for the child and young person whilst driving consistency in the gathering and sharing of information that may be crucial to planning next steps and providing the appropriate intervention to support and empower the family.

A number of permanent staff have been recruited to key positions within children's social work. This has brought stability and experienced management and leadership to the service. This includes a Director of Children's Social Work and Heads of Children's Safeguarding and Looked After Children. Experienced officers are filling the other two Heads of Children's Services roles on an interim basis. These staff have considerable professional experience in senior roles in other jurisdictions. However, recruitment across the full range of professional roles in children's social care remains a significant challenge. The department continues to pursue various approaches to deal with this issue.

The Service has not waited for the Jersey Care Inquiry to report before initiating improvements, although there remains more to do. The Service is reporting to the Improvement Board chaired by the Chief Minister and there is also an Inquiry Response Group that is planning and responding to the recommendations of the Jersey Care Inquiry report.

11. SENATOR S.C. FERGUSON OF THE MINISTER FOR TREASURY AND RESOURCES REGARDING THE PROFIT ARISING FROM THE COMPLETION OF THE FIRST BUILDING OF THE JERSEY INTERNATIONAL FINANCE CENTRE: [1(469)]

Question

Further to his advice at a public hearing of the Corporate Services Scrutiny Panel in November 2015 that the profit arising on the completion of the first building (originally named Building 4) of the Jersey International Finance Centre was estimated by the States of Jersey Development Company as £7.5 million, and given that Building 4 was officially completed in March 2017, will the Minister confirm that this profit was achieved and, if not, what profit was in fact achieved?

Will the Minister further confirm the amount of profit after taking into account any other costs directly associated with Building 4, including the removal of contamination and incentives offered for the part- let?

Answer

Whilst the first building in the International Finance Centre - IFC 1 (formerly named Building 4) is physically complete, it is not yet fully let and has not been sold. Ultimately, it is only once the asset is sold that the value will be crystallised and the profit fixed.

The calculation of profit is made after all costs including contamination costs and the costs of commercial incentives provided to tenants.

IFC 1 is currently 70% let with a further 18% in legal hands. It is fully anticipated that the building will deliver a return in excess of £7.5m.

12. SENATOR S.C. FERGUSON OF THE MINISTER FOR TREASURY AND RESOURCES REGARDING THE PROSPECTIVE PAYMENT OF £50 MILLION TO THE STATES FOR THE REGENERATION OF ST. HELIER: [1(470)]

Question

Given that, with the adoption of Esplanade Quarter, St. Helier – Masterplan' (P.60/2008), the States approved a guaranteed payment to the States of £50 million for the regeneration of St. Helier and adjacent urban areas, and in light of the fact that the proposition has not since been amended in any way, will the Minister advise:

1. in which year this sum will become available to be spent on such regeneration; and

2. on what the Council of Ministers, under their strategic objectives, then intends to spend these funds?

Answer

1. Proposition P.60/2008 asked the States Assembly to, inter alia, "endorse the intention of the Minister for Planning and Environment to adopt the Masterplan for the Esplanade Quarter as an agreed development framework for the Esplanade Quarter."

The Masterplan referred to the proposed payments to be made by the third-party developer at that time. However, it has been publicly disclosed that the proposed third-party developer could not complete the transaction and in July 2009 the then Waterfront Enterprise Board Limited terminated the Heads of Terms with the developer.

The States in adopting P.73/2010 agreed the establishment of the States of Jersey Development Company Limited (SoJDC). An objective of SoJDC as stated in P.73/2010 is:-

"To promote, co-ordinate and implement a comprehensive strategy for the development of the whole of the St. Helier Waterfront area [.] in accordance with approved Masterplan(s) and Development Brief(s) and other relevant guidance prepared by the Minister for Planning and Environment and, where expedient, to undertake development directly."

P.73/2010 sets out various risk mitigation measures for SoJDC to implement when undertaking direct development. The delivery of the Esplanade Quarter development is therefore demand led.

The Masterplan contains a number of significant and costly public infrastructure elements to be funded by SoJDC as part of its delivery of the overall Esplanade Quarter project.

SoJDC has publicly reported that profits from the development of the Esplanade Quarter can only be paid out as dividends after all the public infrastructure associated with the development has been delivered. SoJDC has stated that the forecast £50m residual return from the entire Esplanade Quarter development will be available in around 15 to 20 years' time (on completion of the entire development).

2. The Minister for Treasury and Resources has committed that the net receipts from the Esplanade Quarter will be ring-fenced and made available for the regeneration ofother parts of St. Helier , which is in itself a Strategic Objective.

It is anticipated that the Regeneration Steering Group (comprising the Chief Minister, Minister for Treasury and Resources, Minister for Infrastructure, Minister for Economic Development and the Constable of St. Helier) and the Future St. Helier Group will agree upon a prioritised list of regeneration projects within St. Helier for the funds to be allocated.

13. THE CONNÉTABLE OF ST. HELIER OF THE MINISTER FOR INFRASTRUCTURE REGARDING IMPROVEMENT WORKS IN MIDVALE ROAD: [1(471)]

Question

Will the Minister provide a detailed timetable for the proposed improvement works in Midvale Road, St. Helier?

Answer

As discussed with the Connétable on a number of occasions, the last time being 7th August 2017, only an outline programme exists at this time.

That is to start preparing stakeholder engagement materials during the remainder of this year, with a view to holding a stakeholder engagement in early 2018, with an intention to start implementation during the latter half of 2018 – subject to any necessary planning permissions or streetwork co-ordination restraints.

As I have already advise the Connétable , as soon as detailed information becomes available, I will be happy share with the Connétable . As with all our works in St Helier, DfI Officers will continue to coordinate closely with their Parish of St Helier colleagues in the development of the scheme.

14. THE CONNÉTABLE OF ST. HELIER OF THE MINISTER FOR INFRASTRUCTURE REGARDING LEGISLATION CONCERNING DRIVING WHILST USING A MOBILE PHONE: [1(472)]

Question

Will the Minister provide an update on his Department's review of the legislation concerning driving while using a mobile phone?

Answer

Article 50 of the Road Traffic Law makes it an offence for any person who is driving a vehicle on a road to hold a telephone in any way while the vehicle is in motion.

"50 Restrictions on holding telephones

1. If any person who is driving a vehicle on a road holds a telephone in any way while the vehicle is in motion, he or she shall be guilty of an offence under this Article.
2. A personguiltyofanoffenceunderthisArticleshallbeliableto a finenotexceedinglevel 2 on the standard scale".

The level 2 (£1,000) fine is simply for holding a phone whilst the vehicle is in motion. If any further offences are caused as a result of this, the penalty may increase as appropriate. The fine for the offence in itself is already a substantial deterrent.

In terms of enforcement, the Minister for Home Affairs  has recently responded recently to questions about this[6]. The authorities will pursue prosecutions against any individual caught holding a telephone while their vehicle is in motion – DfI are informed this is not a matter for which words of advice might routinely be given. Recent figures have shown that 218 drivers have been reported for prosecution for this offence in the first six months of 2017. This is nearly equal to the annual figures for 2014, 15 and 16.

Similar to drink driving, this issue requires a culture change as much as legislation and enforcement. The Police ran a road safety campaign in March of this year, which focused on mobile phone use and will run a similar campaign later in the year.

The Jersey Road Safety Action Plan 2017-2019 included an action to develop legislation to enable a penalty points system with lower tolerance for novice drivers and threat of disqualification for repeat offenders, to be in effect by 2019. The intention is that Mobile Phone use will attract a higher level of 6 penalty points, leading to instant disqualification for novice drivers, compared to 3 points for other offences.

The Police are giving significant focus to this issue, and we should work to ensure the culture in Jersey is totally against the use of mobile phones when driving – if we have success in this regard it may negate the need for any further law amendments.

Whether further changes to legislation are required, can be discussed at the next Road Safety Action Plan meeting to be held later this year, in the light of all the available evidence.

15. THE CONNÉTABLE OF ST. HELIER OF THE MINISTER FOR TREASURY AND RESOURCES REGARDING THE PAYMENT OF RATES ON STATES PROPERTIES: [1(473)]

Question

Will the Minister explain what progress, if any, he has made in achieving the payment of rates on States properties in 2018?

Answer

The Treasury has been working with the Law Draftsman in order to prepare amendments to the Rates (Jersey) Law 2005 ("the Rates Law") to remove the exemption from paying Parish rates that the States currently enjoys in respect of public buildings.

This law drafting exercise is nearing completion and, consistent with the requirement placed on the Minister for Treasury and Resources by the States in P.12/2017[7], the Minister has requested to attend the meeting of the Comité of Connétable s, due to be held on Monday 18 September 2017, in order to consult with the Connétable s on the proposed amendments to the Rates Law.

16. DEPUTY G.P. SOUTHERN OF ST. HELIER OF THE CHIEF MINISTER REGARDING THE CHIEF MINISTER'S RESPONSE TO RAISING THE MINIMUM WAGE: ECONOMIC AND FISCAL IMPACTS' (R.83/2017): [1(474)]

Question

Given that the estimates of the impact of a significant rise in the minimum wage on the Jersey economy contained in the Oxera report R.83/2017 Raising the minimum wage: economic and fiscal impacts', are largely positive, including, in relation to a 10% increase in the minimum wage –

• a rise in wages for almost 25% of the workforce, totalling approximately £2.9m (see page 28)
• an increase in consumer spending of £2.4m (see page 28)
• a fall in economy-wide profits of 0.03–0.07% (see page 28)
• an increase in inflation of only 0.05–0.06% (see page 28)
• a likely 0.1% increase in economy-wide productivity (see page 28)
• a net increase in government revenues of £0.3m (see page 26)
• a relatively small number of net job losses (see page 19)

what actions, if any, does the Chief Minister have under consideration in response to the report, with regard to the aforementioned estimates, and when will he bring any proposals to the States for consideration?

Answer

The Oxera Report R.83/2017 made it clear that a significantly higher minimum wage could bring both positive and negative consequences. It found that nearly one quarter of employees – 14,800 employees at the lower end of the earnings distribution - would benefit, and there could potentially be higher consumer spending, but it also warned of the potential for some job losses and lower incomes for some.

On balance, however, the report showed that many employees could benefit from higher earnings with limited employment and economic impact, and that the States' aspiration to achieve a minimum wage of 45% of earnings by 2026 is too slow. For this reason, the intention is to accelerate the timetable to deliver this change by 2020. A proposition is being prepared to achieve this, with a debate to take place after the Forum has made its 2018 recommendation.

In doing this we need to be particularly mindful of the effects on individual businesses with a large number of lower paid workers, including those in the agriculture, hospitality, and care industries. I have asked other Ministers to consider how we can help businesses to improve their productivity.

In the meantime, the Social Security Minister has asked the Employment Forum to take this report into account as part of its minimum wage review. The Forum's recommendation on the 2018 minimum wage is due later this month.

17. DEPUTY M. TADIER OF ST. BRELADE OF THE MINISTER FOR THE ENVIRONMENT REGARDING AIR QUALITY IN THE TUNNEL: [1(475)] Question

Further to recent testing of air quality in the Tunnel, what plans, if any, does the Minister have to restrict access by pedestrians and cyclists? If none, what steps will the Minister take to ensure the long term safety of users from repeated exposure to harmful emissions?

Answer

While the recent air quality tests in Jersey's tunnel confirm the air quality during peak times is poor, I have no plans to explore restricting access to the tunnel by pedestrians, cyclists or motorists. At this time, I believe it is for the public to decide if they wish to use the tunnel or use an alternative route that has lower levels of pollution. To reduce exposure to poor air quality for people using the tunnel, my Environmental Health team advises:

• drivers should close their windows and switch off air vents;
• when stationary, drivers should switch off engines;
• cyclists and pedestrians should minimise the time they spend in the tunnel.

My Department is working with the Department for Infrastructure in reviewing the signage at the tunnel for drivers, cyclists and pedestrians.

More specialist air quality monitoring of vehicle emissions is scheduled for this year, including a near real-time air quality monitoring system, and this data will inform future evidence based policy decisions.

Air quality in the tunnel is largely determined by the volume of traffic using it, although wind direction and wind speed plays a small part. With Officers and colleagues, I will be exploring ways to reduce vehicle emissions to benefit the air quality across the island through such mechanisms as Vehicle Emissions Duty.

I take air quality matters very seriously and it is important to remember that air quality across the island is generally very good.

18. DEPUTY G.P. SOUTHERN OF ST. HELIER OF THE MINISTER FOR SOCIAL SECURITY REGARDING THE USE OF ZERO-HOUR CONTRACTS: [1(476)] Question

Has the Minister read the results of the five-year study by Manchester University published on 10th August 2017 in the International Journal of Epidemiology entitled Re-employment, job quality, health and allostatic load biomarkers: prospective evidence from the UK Household Longitudinal Study', which finds that the transition to poor quality jobs may be worse for a person's mental health than remaining unemployed? If not, will she undertake to read the study?

Will she engage with the Minister for Health and Social Services to discover what evidence GPs and other mental health professionals have on the validity of the study's findings in the local context, with particular regard to the prevalence of zero-hour contracts?

What further engagement, if any, will the Minister undertake with employers to ensure that the inappropriate use of zero-hour contracts is eliminated?

Will the Minister ban the publication of zero-hour job adverts on the Social Security website and, if not, will she put procedures in place to vet such adverts to ensure that zero-hour contracts are not being used inappropriately?

Answer

Officers of the Social Security Department have read the study and I am aware of the results. The study does not present simple conclusions, and in particular does not make any reference to zero hour contract jobs.

The study examines the association of job transition with  health and chronic stress related biomarkers, focussing on the extent to which people transitioning to jobs it defines as "poor quality" do or do not see improvements in these underlying biomarkers. The authors are careful to point out that it is an observational study, so it is not possible to make any causal claims. There is considerable evidence that work is good for a person's physical and mental health, and the study acknowledges this, but seeks to explore whether a transition from unemployment to "poor quality" work may be shown to have a possible long term negative or mixed effect on health. The study does not focus on mental health, but primarily uses a series of established physical biomarkers such as weight and cholesterol as a proxy for possible longer term health outcomes.

To reach a broad definition of "low quality" work, the researchers looked at multiple criteria based on three dimensions of job quality: earnings quality, labour market security and quality of the working environment. In Jersey, these factors may be more or less present in different types of employment, and are neither restricted to nor excluded from zero-hours contract work.

There is no justification at this stage to engage with the Minister for Health and Social Services and divert officers away from their current work in order to seek to validate the results of a medically technical UK-based study within Jersey's job market. What we will do is ensure that Jersey's health system and benefit system continue to work together to support Islanders in finding and maintaining good quality employment, and supporting them in periods where they are unable to work.

Social Security's Back to Work programme remains committed to supporting jobseekers into sustainable employment. This would always aspire towards work that offers good earnings to help a household move towards financial independence, good job security and a good quality working environment. For many jobseekers, particularly the long-term unemployed, taking up the offer of a zero hours or temporary job is a positive first step into employment. Even a temporary job helps a person build up their skills and experience, gain confidence, and improve their overall employability. This increases their chances of securing permanent, good quality work in the future.

Back to Work Advisor support does not stop once someone secures paid work – in-work support is offered and plays a key part in helping people stay in work, but also gives the opportunity for any concerns to be raised and addressed. This support continues for the first six months after securing work, and if an individual is in a temporary role, it would include support for looking for a more permanent opportunity they can transition into, using the skills they have learnt in their current role to support applications. We also support individuals already in work who want help with applications to roles with better pay and conditions.

With specific reference to zero hours contacts, JACS continues to provide guidance and advice to businesses and individuals, seeking to ensure that both parties understand the nature of a zero hours relationship, including when they are and are not appropriate, the advantages and the disadvantages, as well as providing template zero hours contracts. Unlike in the UK, those working under zero hour contracts in Jersey are likely to be classed as employees and therefore will receive the same protection under the Employment (Jersey) Law 2003 as all other employees. The Minister has already committed to ask the Employment Forum to look at zero- hour contracts after the current family friendly review.

Jobs in Jersey is a part of the gov.je website that provides an easy way for employers to advertise roles to the public free of charge – in many cases the employer does not specify details about the role they are advertising such as salary or contract type. In some cases this may be because the employer has not yet made decisions about the specifics of a role, in other cases it may be that they do not want to share this on a public website. If Social Security were to require employers to give all information about every role in order to use the website for advertising, it could have a negative impact with fewer jobs being advertised through this useful mechanism. For this reason Social Security will not change the current way the system is used and recorded.

19. DEPUTY M.R. HIGGINS OF ST. HELIER OF THE MINISTER FOR HOME AFFAIRS REGARDING THE PROCEDURES FOR DEALING WITH ILLEGAL IMMIGRATION AND POLITICAL ASYLUM: [1(477)]

Question

Will the Minister advise members –

1. of the procedure for dealing with cases of illegal immigration;
2. of the procedure followed to assess claims for political asylum;
3. whether there is a process for returning an illegal immigrant to the UK if they arrived in the Island from there?

Answer

1. There are detailed procedures for dealing with persons found to be in breach of certain sections of the Immigration Act 1971, as extended by the Immigration (Jersey) Order 1993, which may result in a person becoming liable to removal.

These include people who:

• require leave to enter or remain in Jersey but do not have it (such as overstayers, illegal entrants and those refused leave at a port of entry);
• are found to be breaching a restriction or condition of their visa to enter or remain in Jersey;
• seek or obtain leave by deception;
• are family members of a person being removed.

2. The Lieutenant-Governor of Jersey, in exercise of powers conferred upon him by the Immigration Act 1971, as extended by the Immigration (Jersey) Order 1993, has directed that the practice tobe followed in the administration of the Immigration Acts for regulating entry into and stay of persons in Jersey are set out in a document referred toasthe Jersey Immigration Rules. Within these Rules are provisions which provide a comprehensive framework for assessing and determining claims for asylum in Jersey.

Note: Members will recall that, on 21st June 2017, the Assembly agreed to transfer the Lieutenant Governor's functions and powers under the Immigration Acts (as extended to Jersey) to the Minister for Home Affairs. At the time of writing, the Order in Council to enact this change has not yet been made or registered in the Royal Court. It is expected that the change will come into effect before the end of the year.

3. Persons encountered at a port of entry having arrived from the UK and where their presence is considered unlawful in accordance with Schedule 4 Paragraph 4 of the Immigration Act 1971, as extended by the Immigration (Jersey) Order 1993, may be refused entry and detained pending their removal to back the UK.

20. DEPUTY M.R. HIGGINS OF ST. HELIER OF THE MINISTER FOR HOME AFFAIRS REGARDING THE REPATRIATION OF PRISONERS: [1(478)]

Question

Will the Minister –

1. produce a table showing, for each convicted prisoner currently in custody, the nature of each offence committed, the sentence imposed, the time left to serve, any treatment or course that they are receiving to help prevent re-offending, and their nationality;
2. state the number of prisoners who have been repatriated to their home countries to serve out their terms of imprisonment, in each year since the repatriation agreement with the respective jurisdiction was made, stating the countries in question and the nature of the offences committed?

Answer

I am grateful for the opportunity to comment on the range of opportunities available to prisoners which aim to assist them to lead law abiding lives on their release from prison. The attached table provides the information requested although, it should be noted, does not include education and vocational training. While the activities included in the table are not specifically designed to address offending behaviour, and would not be formally described as treatment', they are a hugely significant part of the rehabilitation programme.

Raising an individual's self-confidence and /or self-esteem, and providing them with a range of new skills to offer a potential employer will improve their chances of finding work and in the majority of cases that makes it less likely that they will re-offend.

It should be noted that prisoners generally engage in the offending behaviour programmes near the end of their sentence so prisoners who have been involved earlier in the year are likely to have been released. Consequently, a snapshot of the population on a given day may not give a very accurate reflection of prisoner engagement in such activities.

With regard to repatriations, please refer to the table below.