States Meeting Transcript - 17th January 2017

STATES OF JERSEY

OFFICIAL REPORT

TUESDAY, 17th JANUARY 2017

COMMUNICATIONS BY THE PRESIDING OFFICER .....................................10

1.1 H.E. The Lieutenant Governor – swearing-in on 13th March 2017....................10 The Bailiff :...................................................................................10

QUESTIONS.....................................................................................10

2. Written Questions.......................................................................10

1. THE DEPUTY OF GROUVILLE OF THE CHIEF MINISTER REGARDING THE EXTENSION OF FREEDOM OF INFORMATION LEGISLATION TO STATES- OWNED COMPANIES: [1(1)] ........................................................10
2. DEPUTY G.P. SOUTHERN OF ST. HELIER OF THE CHIEF MINISTER REGARDING THE MINIMUM WAGE AND A NATIONAL LIVING WAGE: [1(3)]...............11
3. THE DEPUTY OF GROUVILLE OF THE MINISTER FOR INFRASTRUCTURE REGARDING THE UNDERTAKING OF DESIGN COMPETITIONS FOR ARCHITECTURE AND LANDSCAPE SCHEMES: [1(4)]............................13
4. THE DEPUTY OF GROUVILLE OF THE MINISTER FOR INFRASTRUCTURE REGARDING THE DEPARTMENT'S PROCUREMENT POLICY FOR LANDSCAPE ARCHITECTS TENDERING FOR STATES WORK: [1(5)] ..........13
5. THE DEPUTY OF GROUVILLE OF THE MINISTER FOR INFRASTRUCTURE REGARDING THE ARCHITECTURE FIRM SELECTED TO DESIGN THE LANDSCAPE SCHEME AT LA COLLETTE: [1(6)]..................................14
6. DEPUTY J.A. HILTON OF ST. HELIER OF THE MINISTER FOR HEALTH AND SOCIAL SERVICES REGARDING IMPLEMENTATION OF THE RECOMMENDATIONS OF THE WILLIAMSON REPORT': [1(7)] ................14
7. DEPUTY G.P. SOUTHERN OF ST. HELIER OF THE CHIEF MINISTER REGARDING INCOME INEQUALITY: [1(8)] .......................................................15
8. DEPUTY G.P. SOUTHERN OF ST. HELIER OF THE MINISTER FOR SOCIAL SECURITY REGARDING THE WITHHOLDING OF INCOME SUPPORT: [1(9)]..17
9. DEPUTY G.P. SOUTHERN OF ST. HELIER OF THE MINISTER FOR SOCIAL SECURITY REGARDING A REVIEW IN RESPECT OF PRIMARY HEALTH CARE SERVICES IN THE ISLAND: [1(10)] .................................................18
10. DEPUTY J.A. HILTON OF ST. HELIER OF THE CHIEF MINISTER REGARDING POPULATION POLICY AND THE WORK OF THE HOUSING AND WORK ADVISORY GROUP: [1(11)]..........................................................19
11. DEPUTY J.A. HILTON OF ST. HELIER OF THE MINISTER FOR EDUCATION REGARDING THE FUTURE USE OF THE EXISTING POLICE HEADQUARTERS IN RELATION TO ROUGE BOULLION SCHOOL: [1(12)] ..........................20

12. DEPUTY S.Y. MÉZEC OF ST. HELIER OF MINISTER FOR ECONOMIC DEVELOPMENT, TOURISM, SPORT AND CULTURE REGARDING THE RESIGNATION OF THE DEPARTMENT'S CHIEF OFFICER: [1(13)]..............21
13. DEPUTY S.Y. MÉZEC OF ST. HELIER OF THE MINISTER FOR TREASURY AND RESOURCES REGARDING HIGH VALUE RESIDENTS: [1(14)]...................21
14. DEPUTY S.Y. MÉZEC OF ST. HELIER OF THE MINISTER FOR ECONOMIC DEVELOPMENT, TOURISM, SPORT AND CULTURE REGARDING THE INTRODUCTION OF LEGISLATION WHICH HAS HAD AN EFFECT ON PROMOTING ECONOMIC GROWTH: [1(15)].......................................22
15. DEPUTY S.Y. MÉZEC OF ST. HELIER OF THE MINISTER FOR HOME AFFAIRS REGARDING THE IMPACT OF POLICY CHANGES INSPIRED BY THE 1,001 CRITICAL DAYS' MANIFESTO: [1(16)].............................................25
16. DEPUTY S.Y. MÉZEC OF ST. HELIER OF THE CHIEF MINISTER REGARDING THE PROPORTION OF NEW JOBS TAKEN BY WORKERS WITH LESS THAN 5 YEAR'S RESIDENCY: [1(17)]........................................................26
17. DEPUTY M. TADIER OF ST. BRELADE OF THE MINISTER FOR EDUCATION REGARDING THE TURNOVER OF STAFF IN NON-PRIVATE PRIMARY SCHOOLS: [1(18)] ....................................................................27
18. DEPUTY M. TADIER OF ST. BRELADE OF THE MINISTER FOR ECONOMIC DEVELOPMENT, TOURISM, SPORT AND CULTURE REGARDING THE PLAY PARK AT LES QUENNEVAIS PLAYING FIELDS: [1(19)] ..........................27
19. DEPUTY M. TADIER OF ST. BRELADE OF THE MINISTER FOR HOME AFFAIRS REGARDING THE CONDITIONS PLACED ON MR. BRONX AND HIS OWNERS: [1(20)]..................................................................................27
20. DEPUTY M. TADIER OF ST. BRELADE OF THE MINISTER FOR EXTERNAL RELATIONS REGARDING THE MUTUAL EXCHANGE AND RECOGNITION OF DRIVING LICENCES BETWEEN ROMANIA AND JERSEY: [1(21)]...............28
21. DEPUTY M. TADIER OF ST. BRELADE OF THE CHIEF MINISTER REGARDING THE POPULATION OF EACH PARISH: [1(22)] .....................................28
22. DEPUTY G.P. SOUTHERN OF ST. HELIER OF THE MINISTER FOR SOCIAL SECURITY REGARDING THE SANCTIONS SYSTEM FOR THOSE ON INCOME SUPPORT: [1(23)].....................................................................29
23. DEPUTY J.A. HILTON OF ST. HELIER OF THE MINISTER FOR HEALTH AND SOCIAL SERVICES REGARDING WAITING TIMES FOR CONSULTANT APPOINTMENTS: [1(24)].............................................................30
24. THE DEPUTY OF ST. JOHN OF THE CHIEF MINISTER REGARDING IMPACT OF FALLING WAGES ON LIVING STANDARDS: [1(25)]..............................33
25. THE DEPUTY OF ST. JOHN OF THE MINISTER FOR TREASURY AND RESOURCES REGARDING STRUCTURAL PRESSURES ON THE STATES' FINANCES: [1(26)]....................................................................34
26. THE DEPUTY OF ST. JOHN OF THE MINISTER FOR SOCIAL SECURITY REGARDING EXPENDITURE ON THE HOUSING COMPONENT OF INCOME SUPPORT: [1(27)].....................................................................35
27. THE DEPUTY OF ST. JOHN OF THE MINISTER FOR EDUCATION REGARDING A COST BREAKDOWN FOR HIGHLANDS COLLEGE: [1(28)]....................36
28. THE DEPUTY OF ST. JOHN OF THE CHIEF MINISTER REGARDING GRIEVANCES FILED BY STATES OF JERSEY EMPLOYEES: [1(29)]............36
29. DEPUTY M.R. HIGGINS OF ST. HELIER OF THE CHIEF MINISTER REGARDING ZERO-HOUR CONTRACTS WITH NO MINIMUM HOURS GUARANTEED: [1(30)] .........................................................................................37

30. DEPUTY M.R. HIGGINS OF ST. HELIER OF THE CHIEF MINISTER REGARDING THE TERMINATION AGREEMENT WITH THE FORMER CHIEF OFFICER OF THE DEPARTMENT OF ECONOMIC DEVELOPMENT, TOURISM, SPORT AND CULTURE: [1(31)] ....................................................................38

31. DEPUTY M.R. HIGGINS OF ST. HELIER OF THE CHIEF MINISTER REGARDING THE ROLE AND POWERS OF THE STATES EMPLOYMENT BOARD: [1(32)]...39
32. DEPUTY M.R. HIGGINS OF ST. HELIER OF THE CHIEF MINISTER REGARDING THE TERMINATION OF THE CONTRACT OF EMPLOYMENT OF MR. ALWITRY: [1(33)] ....................................................................40
33. SENATOR S.C. FERGUSON OF THE MINISTER FOR HEALTH AND SOCIAL SERVICES REGARDING THE PROPERTIES OF THE LE SEELLEUR BEQUEST': [1(34)]..................................................................................41
34. SENATOR S.C. FERGUSON OF THE MINISTER FOR HEALTH AND SOCIAL SERVICES REGARDING PLANS TO MOVE PATIENTS FROM ORCHARD HOUSE TO CLINIQUE PINEL: [1(35)]...............................................44
35. SENATOR S.C. FERGUSON OF THE MINISTER FOR SOCIAL SECURITY REGARDING POTENTIAL PLANS TO FREEZE THE ALLOWANCES FOR PATIENTS IN RESIDENTIAL AND CARE HOMES: [1(36)]........................46
36. SENATOR S.C. FERGUSON OF THE MINISTER FOR THE ENVIRONMENT REGARDING THE APPLICATION OF HERITAGE POLICIES TO RESIDENTIAL PROPERTIES: [1(37)] .................................................................47
37. SENATOR S.C. FERGUSON OF THE CHIEF MINISTER REGARDING THE OXERA REPORT ON THE JERSEY GAS MARKET' (R.1/2017): [1(38)] ..........48

3. Oral Questions...........................................................................49

1. Deputy K.C. Lewis of St. Saviour of the Chief Minister regarding gas and heating costs: [1(2)] ..............................................................................49

Senator P.F.C. Ozouf (Assistant Chief Minister - rapporteur):................................49

1. Deputy K.C. Lewis :....................................................................49
2. Senator S.C. Ferguson:.................................................................50
3. Senator S.C. Ferguson:.................................................................50
4. Deputy G.P. Southern of St. Helier:....................................................51
5. Deputy M. Tadier :......................................................................51

2. Deputy J.A.N. Le Fondré of St. Lawrence of the Chief Minister regarding consultation prior to the lodging of the Draft Employment of States of Jersey Employees (Amendment No. 8)(Jersey) Regulations 201- (P.105.2016): [1(45)].......52

Senator I.J. Gorst (The Chief Minister):......................................................52

1. Deputy J.A.N. Le Fondré:..............................................................52
2. Connétable C.H. Taylor of St. John : ....................................................52
3. Senator S.C. Ferguson:.................................................................52
4. Senator S.C. Ferguson:.................................................................53
5. Deputy J.A.N. Le Fondré:..............................................................53

3. Deputy J.A. Martin of St. Helier of the Chief Minister regarding the appointment of Assistant Ministers: [1(39)]..............................................................53

Senator I.J. Gorst (The Chief Minister):......................................................53

1. Deputy J.A. Martin:....................................................................53
2. Deputy M. Tadier :......................................................................54
3. Deputy S.Y. Mézec of St. Helier:.......................................................54

4. Deputy G.P. Southern :..................................................................54
5. Deputy C.F. Labey of Grouville :........................................................55
6. Deputy J.A. Martin:....................................................................55

4. Deputy S.C. Ferguson of the Minister for Health and Social Services regarding the potential closure of Orchard House: [1(47)] ............................................55

Senator A.K.F. Green (The Minister for Health and Social Services):........................55 3.4.1 Senator S.C. Ferguson:.................................................................55

5. Deputy G.P. Southern of the Chief Minister regarding the quantification of risks relating to the Jersey Innovation Fund: [1(41)]........................................56

Senator P.F.C. Ozouf (Assistant Chief Minister - rapporteur):................................56

1. Deputy G.P. Southern :..................................................................56
2. Deputy A.D. Lewis of St. Helier:.......................................................57
3. Deputy T.A. Vallois of St. John:........................................................57
4. Deputy G.P. Southern :..................................................................57

6. Deputy M.R. Higgins of St. Helier of the Minister for Treasury and Resources regarding the Minister's responsibility for addressing any weaknesses in relation to accounting officers identified in Jersey Innovation Fund' (R.3/2017): [1(53)]........58

Senator A.J.H. Maclean (The Minister for Treasury and Resources):.........................58

1. Deputy M.R.Higgins:..................................................................58
2. Deputy G.P. Southern :..................................................................58
3. Deputy A.D. Lewis :....................................................................59
4. Deputy A.D. Lewis :....................................................................59
5. Senator S.C. Ferguson:.................................................................59
6. The Deputy of St. John:................................................................60
7. Deputy M.R.Higgins:..................................................................60

7. Deputy M. Tadier of the Chief Minister regarding risk-mitigation measures taken in respect of the Jersey Innovation Fund: [1(43)].........................................60

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

1. Deputy M. Tadier :......................................................................61
2. The Connétable of St. John:............................................................61
3. Deputy J.A.N. Le Fondré:..............................................................61
4. Deputy J.A.N. Le Fondré:..............................................................62
5. Deputy J.A. Martin:....................................................................62
6. Deputy R. Labey of St. Helier:..........................................................62
7. Deputy A.D. Lewis :....................................................................63
8. Deputy G.P. Southern :..................................................................63
9. Senator S.C. Ferguson:.................................................................63
10. The Deputy of St. John:..............................................................64
11. Deputy M. Tadier :...................................................................64
12. Deputy M. Tadier :...................................................................65

8. The Connétable of St. John of the Chief Minister regarding the 2015 public sector pay award: [1(44)]............................................................................65

Senator A.K.F. Green ( Deputy Chief Minister - rapporteur):..................................65

1. The Connétable of St. John:............................................................65
2. Senator S.C. Ferguson:.................................................................66

3. Senator S.C. Ferguson:.................................................................66

4. Deputy G.P. Southern :..................................................................66
5. The Connétable of St. John:............................................................66

9. Deputy S.Y. Mézec of the Chief Minister regarding the Chief Minister's awareness of circumstances surrounding the Jersey Innovation Fund: [1(49)] ......................66

Senator P.F.C. Ozouf (Assistant Chief Minister - rapporteur):................................67

1. Deputy S.Y. Mézec :....................................................................67
2. Deputy G.P. Southern :..................................................................67
3. Deputy J.A.N. Le Fondré:..............................................................68
4. Deputy M. Tadier :......................................................................69
5. Deputy S.Y. Mézec :....................................................................69

10. Deputy J.A. Martin of the Minister for Housing regarding the stock of housing with more than 3 bedrooms: [1(40)]..........................................................70

Deputy A.E. Pryke of Trinity (The Minister for Housing):....................................70

1. Deputy J.A. Martin: .................................................................70
2. Deputy G.P. Southern : ..............................................................71
3. Deputy M. Tadier :...................................................................71
4. Deputy J.A. Martin: .................................................................71

11. Deputy K.C. Lewis of the Minister for Economic Development, Tourism, Sport and Culture regarding access to the old cable car station at Fort Regent: [1(52)].........72

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

.........................................................................................72

1. Deputy K.C. Lewis : .................................................................72
2. Deputy K.C. Lewis : .................................................................72

12. Deputy M.R. Higgins of the Chief Minister regarding the holding to account of civil servants by Ministers: [1(54)]...........................................................73

Senator I.J. Gorst (The Chief Minister):......................................................73

1. Deputy M.R.Higgins:...............................................................73
2. Deputy R. Labey :....................................................................73
3. Deputy M.R.Higgins:...............................................................74

13. Senator S.C. Ferguson of the Minister for Environment regarding planning and building policies applied to historic buildings used for residential purposes: [1(48)] .74

Deputy S.G. Luce of St. Martin (The Minister for Environment): ............................74

1. Senator S.C. Ferguson:..............................................................74
2. Deputy M.R.Higgins:...............................................................75
3. Senator S.C. Ferguson:..............................................................75

14. Deputy S.Y. Mézec of the Chief Minister regarding the provision of information to the States Assembly regarding the Jersey Innovation Fund: [1(14)] ......................75

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

1. Deputy S.Y. Mézec :.................................................................76
2. Deputy J.A.N. Le Fondré: ...........................................................76
3. Deputy A.D. Lewis : .................................................................77

4. Deputy R. Labey :....................................................................77
5. Deputy S.Y. Mézec :.................................................................78

15. Deputy M. Tadier of the Minister for Environment regarding levels of pollution in the Tunnel: [1(51)]...........................................................................78

The Deputy of St. Martin (The Minister for Environment):...................................78

1. Deputy M. Tadier :...................................................................78
2. Deputy M.R.Higgins:...............................................................79
3. Deputy M. Tadier :...................................................................79 Deputy G.P. Southern :........................................................................80 Senator I.J. Gorst :............................................................................81 Deputy M.R.Higgins:........................................................................81 Deputy E.J. Noel of St. Lawrence:............................................................81 Deputy J.A. Martin:..........................................................................81 Senator P.F.C. Ozouf :........................................................................81 Deputy M. Tadier : ............................................................................82 Senator I.J. Gorst :............................................................................82 Deputy A.D. Lewis :..........................................................................82 Senator P.F.C. Ozouf :........................................................................83

Deputy M.R. Higgins:........................................................................83

PERSONAL STATEMENT.....................................................................83

4. Personal Statement by Senator P.F.C. Ozouf regarding his position as Assistant Chief Minister ..................................................................................84

4.1 Senator P.F.C. Ozouf :..................................................................84

LUNCHEON ADJOURNMENT PROPOSED..................................................85 LUNCHEON ADJOURNMENT................................................................85 QUESTIONS - resumption......................................................................85

5. Questions to Ministers without notice - The Minister for Health and Social Services 85

1. Deputy R.J. Renouf of St. Ouen:........................................................85 Senator A.K.F. Green (The Minister for Health and Social Services):........................85
2. Connétable A.S. Crowcroft of St. Helier:...............................................85

5.2.1 The Connétable of St. Helier:...........................................................86

3. The Connétable of St. John:............................................................86
4. Deputy J.A. Hilton of St. Helier:........................................................86
5. Deputy A.D. Lewis :....................................................................87
6. Senator S.C. Ferguson:.................................................................87
7. Deputy M. Tadier :......................................................................87
8. Deputy G.P. Southern :..................................................................88
9. Deputy J.M. Maçon of St. Saviour:.....................................................88
10. The Deputy of St. Ouen:................................................................88
11. Deputy M. Tadier :......................................................................88
12. Deputy J.A. Hilton:.....................................................................89

13. Deputy M. Tadier :......................................................................89

6. Questions to Ministers without notice - The Minister for Economic Development, Tourism, Sport and Culture ............................................................89

1. Senator S.C. Ferguson:.................................................................89 Senator L.J. Farnham (The Minister for Economic Development, Tourism, Sport and Culture): .........................................................................................89

2. Deputy G.P. Southern :..................................................................90
3. Deputy R. Labey : ......................................................................91
4. Deputy A.D. Lewis :....................................................................91
5. The Deputy of Grouville :...............................................................92
6. Deputy M. Tadier :......................................................................92
7. Deputy A.D. Lewis :....................................................................93
8. Deputy J.A. Martin:....................................................................93

6.8.1 Deputy J.A. Martin:....................................................................93

STATEMENTS ON A MATTER OF OFFICIAL RESPONSIBILITY........................94

7. The Chairman of the Corporate Services Scrutiny Panel - statement regarding the work of the Panel in relation to "Future Hospital Funding Strategy" (P.130/2016). ..94

7.1 Deputy J.A.N. Le Fondré (Chairman, Corporate Services Scrutiny Panel): .............94

8. The Minister for Health and Social Services - statement regarding the travel and organ donation policies. .................................................................95

8.1 Senator A.K.F. Green (The Minister for Health and Social Services):..................95

1. Deputy K.C. Lewis :....................................................................97
2. Connétable J.E. Le Maistre of Grouville :...............................................98
3. Deputy K.C. Lewis :....................................................................98
4. Deputy M. Tadier :......................................................................98
5. The Deputy of St. Ouen:................................................................99
6. The Deputy of St. Ouen:................................................................99
7. Deputy A.D. Lewis :...................................................................100
8. The Deputy of St. Ouen:..............................................................100
9. Deputy J.M. Maçon:..................................................................100
10. Deputy M. Tadier :..................................................................101

9. The Chief Minister - statement regarding the Innovation Fund......................102

9.1 Senator I.J. Gorst (The Chief Minister):...............................................102

1. Deputy J.A. Martin:...................................................................103
2. Deputy M. Tadier :....................................................................103
3. Deputy M. Tadier :....................................................................103
4. Deputy G.P. Southern :................................................................104
5. Deputy G.P. Southern :................................................................104
6. Deputy K.C. Lewis :...................................................................104
7. Deputy J.M. Maçon:..................................................................105
8. Deputy R. Labey : .....................................................................105
9. Connétable D.W. Mezbourian of St. Lawrence:.......................................105
10. Deputy J.A.N. Le Fondré: ..........................................................106

10. The Chief Minister - statement regarding Brexit .....................................106

10.1 Senator I.J. Gorst (The Chief Minister):...............................................106

1. The Deputy of Grouville : ..........................................................107
2. Deputy M.R.Higgins:..............................................................107

PUBLIC BUSINESS............................................................................107

11. Ann Alice Rayner Fund: alteration of purpose (P.116/2016) - as amended..........107 11.1 Connétable J.M. Refault of St. Peter (Assistant Minister for Treasury and Resources - rapporteur):............................................................................108

1. The Connétable of St. Lawrence:...................................................109
2. Deputy R. Labey :..................................................................109
3. Deputy J.A.N. Le Fondré: ..........................................................109
4. Deputy D. Johnson of St. Mary : ....................................................109
5. The Connétable of St. Peter:........................................................110

12. Television Licence Fee: exemption for Jersey residents aged 75 and over (P.117/2016) ..........................................................................................110

12.1 Deputy M. Tadier :....................................................................110

13. Draft Opticians (Registration) (Amendment No. 2) (Jersey) Law 201- (P.120/2016) - as amended................................................................................110

1. Senator A.K.F. Green (The Minister for Health and Social Services):.................111

1. Deputy S.M. Wickenden of St. Helier : .............................................112
2. Deputy M. Tadier :..................................................................112
3. Connétable M.P.S. Le Troquer of St. Martin : ......................................113
4. Senator A.K.F. Green:..............................................................113

2. Senator A.K.F. Green: ................................................................114

1. Deputy M. Tadier :..................................................................114
2. Senator A.K.F. Green:..............................................................115

14. Jersey Overseas Aid Commission: reappointment of Commissioner (P.121/2016)..116

14.1 The Deputy of Grouville :..............................................................116

1. Senator L.J. Farnham : ..............................................................116
2. The Deputy of Grouville : ..........................................................117

15. Draft Public Elections (Amendment No. 7) (Jersey) Law (P.124/2016)..............117

15.1 Connétable L. Norman of St. Clement (Chairman, Privileges and Procedures Committee): ..........................................................................118

1. Deputy K.C. Lewis : ................................................................118
2. Deputy J.M. Maçon:................................................................119
3. Deputy J.A. Hilton:................................................................119
4. Deputy J.A.N. Le Fondré: ..........................................................119
5. Deputy S.Y. Mézec :................................................................119
6. The Connétable of St. John : ........................................................120
7. Deputy G.P. Southern : .............................................................120
8. Deputy M. Tadier :..................................................................120
9. Senator L.J. Farnham : ..............................................................122
10. The Connétable of St. Martin:...................................................122
11. Deputy P.D. McLinton of St. Saviour:...........................................123 Deputy M. Tadier : ..........................................................................123 Mr. R.J. MacRae , H.M. Attorney General:..................................................123
12. Deputy M.J. Norton of St. Brelade:..............................................123
13. The Deputy of St. Ouen : ........................................................124
14. Senator S.C. Ferguson:..........................................................125 The Attorney General:......................................................................125
15. Deputy K.L. Moore of St. Peter:.................................................126
16. Senator P.F.C. Ozouf : ...........................................................126 The Attorney General:......................................................................127

17. Deputy S.M. Brée of St. Clement:...............................................128 The Attorney General:......................................................................130
18. Deputy G.J. Truscott of St. Brelade:.............................................130 The Attorney General:......................................................................130
19. Senator P.F. Routier:............................................................130
20. The Deputy of St. Martin : .......................................................131
21. The Connétable of St. Clement:..................................................131

ADJOURNMENT..............................................................................133 The Bailiff :..................................................................................133

[10:30]

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

1. H.E. The Lieutenant Governor – swearing-in on 13th March 2017 The Bailiff :

First of all, welcome back to all Members after the Christmas break. I would like to give notice to Members of the swearing-in date for the new Lieutenant Governor, which is going to be on Monday, 13th March, if you would please enter that into your diaries. The new Lieutenant Governor will be attending his first States meeting on Tuesday, 14th March, when I think he will be exercising the customary right to speak on the first occasion he is in the States. It is expected that we will then adjourn for a brief half hour or so in order that he can meet Members informally outside. There will be a formal dinner on that evening to welcome the Lieutenant Governor to the Island.

QUESTIONS

2. Written Questions

1. THE DEPUTY OF GROUVILLE OF THE CHIEF MINISTER REGARDING THE EXTENSION OF FREEDOM OF INFORMATION LEGISLATION TO STATES- OWNED COMPANIES: [1(1)]

Question

Following the Assembly's adoption on 25th November 2014 of my proposition, P.149/2014, to extend the scope of the Freedom of Information (Jersey) Law 2011 to all companies either wholly owned by the States or where the States own a majority shareholding, will the Chief Minister confirm:

1. what progress, if any, has been made in the past two years to achieve that end;
2. which companies now comply with the Law and which do not; and
3. which exemptions within the Law could be invoked by such companies either to cover commercially sensitive material or where disclosure might prejudice commercial interests?

Answer

1. The extension of the Freedom of Information (Jersey) Law 2011 (FOI) to cover companies wholly owned by, or controlled by, the States of Jersey, and bodies majority funded by the States of Jersey, remains under review.

This review will be concluded during the first quarter of 2017, and consequent changes brought forward as soon as possible thereafter.

At this juncture, however, it seems valuable to provide some insight into this work:

• A range of issues are relevant, including the impact on companies operating in competitive markets, the impact on investment decisions of private investors, and the implications for trading and contractual relationships, in particular, those with parties outside of Jersey.

• The other precautions that are in place are also relevant, including the fact that FOI requests can be made through the shareholder in relation to the information held by the Treasury and Resources Department and Minister; existing rules, such as the Competition (Jersey) Law 2005; broader rules such as the London Stock Exchange's rules and compliance with international accounting standards; the ability to audit these entities
• The exemptions under the Law, as identified and outlined in part (c) below, are also subject to review as part of the extension of the FOI Law to additional entities, to ensure that the exemptions are appropriate and sufficient.
• Alongside this, consideration is also been given to improving the FOI Law, so as to make it clearer as to which entities are captured, including replacing Schedule 1, which outlines generically the bodies captured by the Law, with a fuller listing of specific bodies captured, which can be added to over time.

This would provide opportunity for case-by-case consideration of additional entities, including the bodies provided for in P149/2014, "Freedom of Information: Extension to companies owned or controlled by the States"; and a range of other bodies established to deliver functions on behalf of the public, as opposed to just the companies listed in P149/2014.

• Finally, some consideration is been given to the appropriate extent of inclusion of the bodies outlined in P149/2014, and any limitations that may be wise.

These matters remain under consideration, and will be concluded upon during the first quarter of 2017 in order then to deliver on the decision of the Assembly.

2. The bodies covered by the Law are governed by Article 1 (which outlines the natureof bodies which could be covered); and Schedule 1 (which outlines the nature of bodies which are covered). This has been updated since the Law was introduced to include specific bodies, including Andium Homes, the States of Jersey Police Force, and the Parishes.
3. The exemptions are listed in full in FOI (Jersey) Law 2011 (https://www.jerseylaw.je/laws/revised/Pages/16.330.aspx), but the most likely exemptions that would be invoked are those related to personal information, noting the volume of such information held by some companies, and commercial interests, noting in particular that a number of the companies outlined in P149/2014 are competing in the market place, including the securing of terms with third parties, including suppliers.

The use of any exemption depends on the information requested and, in the case of the qualified exemptions the balance between exemption and the use of a public interest test.

2. DEPUTY G.P. SOUTHERN OF ST. HELIER OF THE CHIEF MINISTER REGARDING THE MINIMUM WAGE AND A NATIONAL LIVING WAGE: [1(3)]

Question

Given that the Minister for Social Security did not present a report by December 2016 in line with the Assembly's adoption on 20th January 2016 of paragraph (b) of Minimum Wage: revised hourly rate from 1st April 2016' (P.150/2015), what action will the Chief Minister take to ensure that an investigation into the impact on the tax and benefit system of a significant rise in the minimum wage and an assessment of the potential economic impact for Jersey of the U.K. Government's move to a national living wage take place this year?

Furthermore, what assessment has he made of the U.K.'s Low Pay Commission report on the rise of the national living wage to £7.20 in April 2016, published in November 2016; and given that the U.K. has seen little reduction in job numbers or shift and overtime rates, despite the warnings of employers, and

• 1.6 million over 25s on the minimum wage received a 10.8% annual rise;
• A quarter of over 25s (earning up to £9 an hour) received pay rises over the average; and
• Increasing numbers of under 25s were paid at least £7.20,

will he now commit his government to similar action and if not, why not? Answer

The Minister for Social Security outlined in a response to a States question on 13th September, 2016[1] that the investigation required is underway, inclusive of work undertaken since the adoption of P.150/2015, including:

• Additions to the Statistics Unit's Business Tendency Survey in March 2016 to collect data on the views of business of the impact of a higher minimum wage;
• Work undertaken by the Employment Forum in reaching its 2016 recommendations about the impact in Jersey of the £7.20 UK rate, and views on increasing the minimum wage more significantly and more quickly in the future.
• Additional economic analysis, undertaken by Oxera and overseen by the Economics Unit, looking at the direct and indirect economic and fiscal impacts of a significantly higher minimum wage in Jersey.

The aim is to complete this work in time to support the Employment Forum in their minimum wage review this year (which would have been the same timeline if the investigation had of been finished slightly earlier in December) with the analysis presented to the States as soon as possible in advance. Of course, other people are welcome to make submissions to the Employment Forum, including States' Members.

As to committing to take action similar to the United Kingdom's decision, this is not achievable following the decision of the Assembly to reject a proposition last year that would have permitted the introduction of a higher minimum wage rate for older employees in Jersey (which is the method adopted by the United Kingdom in setting its premium rate for over 25s in April last year).

Nevertheless, we are committing to achieving greater increases in the minimum wage in the future, subject to economic conditions, and aiming to support our overall economic policies, which are focused on productivity growth within the context of limited migration.

3. THE DEPUTY OF GROUVILLE OF THE MINISTER FOR INFRASTRUCTURE REGARDING THE UNDERTAKING OF DESIGN COMPETITIONS FOR ARCHITECTURE AND LANDSCAPE SCHEMES: [1(4)]

Question

Have the Minister and his Department ever given consideration to conducting design competitions in order to evaluate ideas and proposals for the Island's architecture and landscape schemes; if not, why not; and, if so:

1. what weighting, if any, is given to design above cost; and
2. what encouragement, if any, is given to local design professionals who pay tax in Jersey and can demonstrate an understanding of the Island's character and uniqueness?

Answer

I am assuming that the Deputy is limiting her question to projects undertaken by the Department for Infrastructure on behalf of the Public rather than those undertaken by the private sector.

When in house resources are not used, the Department does not conduct design competitions but does encourage local architects to tender for projects in their own name or in conjunction with off- Island organisations where the on-Island practice does not have sufficient capacity or experience.

For appointments that exceed the threshold in relevant Financial Directions whereby a competitive process is required, the assessment of submissions will usually consider both cost' and quality' aspects.

A scheme where design is a key assessment criteria will attract a higher weighting within the overall quality' assessment and may impact on the relative weighting between cost' and quality'. These weightings, together with other procurement assessment criteria, are set out in an approved procurement strategy for the commission.

The quality' assessment is likely to include a requirement to provide experience relevant to the commission and any interview process would look to obtain an understanding of the applicant's design credentials and approach to the project.

The procurement process is undertaken using the States e-tendering portal. Expressions of interest and tender submissions are sought from suitably qualified organisations. Applicants will need to demonstrate an appropriate understand and experience of the Jersey design vernacular. Where the tender is not limited to on-Island suppliers, there is no adjustment to the cost submission between on-Island and off-Island submissions.

4. THE DEPUTY OF GROUVILLE OF THE MINISTER FOR INFRASTRUCTURE REGARDING THE DEPARTMENT'S PROCUREMENT POLICY FOR LANDSCAPE ARCHITECTS TENDERING FOR STATES WORK: [1(5)]

Question

Will the Minister set out his Department's procurement policy for landscape architects wishing to tender for States work and, in so doing, will he include any restrictions which might be applied, such as minimum annual turnover?

Answer

Procurement of architectural and landscape services is undertaken in accordance with relevant States Financial Directions for the procurement of goods and services – Financial Direction 5.1 and, for larger capital projects, Financial Direction 5.6.

The Financial Directions provide for departure from a competitive process where the anticipated cost is below a designated financial threshold or an alternative approach is proposed and supported through the exemption process as set out in the Financial Directions.

In considering a submission the commissioning officer, or evaluation panel where required, will undertake appropriate financial due diligence. This will include the applicant's ability to provide suitable resources to successfully undertake the commission and such other work in which the applicant is, or may be, engaged.

The applicant will need to be able to satisfy the States standard contract conditions, particularly with regard to providing an appropriate level of insurances.

5. THE DEPUTY OF GROUVILLE OF THE MINISTER FOR INFRASTRUCTURE REGARDING THE ARCHITECTURE FIRM SELECTED TO DESIGN THE LANDSCAPE SCHEME AT LA COLLETTE: [1(6)]

Question

Will the Minister advise whether an off-Island landscape architecture firm was picked to design the landscape scheme for Jersey's entrance and gateway at La Collette; and, if so, will he explain how, and why, this firm was selected?

And will he further explain how the employment of U.K. consultants, in circumstances where appropriate local firms also exist, meets the objectives of Financial Directions 5.1 to 5.6?

Answer

I am assuming that the Deputy is referring to the La Collette Headland which is the subject of a current planning application and includes an element of landscape design.

The procurement of services to prepare and submit the planning application and environmental impact assessment was carried out as a fully competitive process and in accordance with Financial Codes of Direction 5.1 and 5.6. The work was tendered to specialist lead consultants who selected their own sub consultants to work alongside them. The landscape architecture was a sub consultant's package of which the successful tenderer ultimately selected an off Island provider.

The procurement package encouraged tenders to use on Island providers where appropriate and the successful tenderer has used a local firm, Nurture Ecology Ltd, who provided ecological advice in the preparation of the planning application.

The objectives of the Financial Directions 5.1 and 5.6 is to ensure public money is spent in the most cost effective transparent way whilst ensuring best practice methods of procurement are followed. The procurement of this package of work met these objectives.

6. DEPUTY J.A. HILTON OF ST. HELIER OF THE MINISTER FOR HEALTH AND SOCIAL SERVICES REGARDING IMPLEMENTATION OF THE RECOMMENDATIONS OF THE WILLIAMSON REPORT': [1(7)]

Question

Will the Minister inform Members how many recommendations of An Inquiry into Child Protection in Jersey' (the Williamson Report') have been implemented in full; what outcomes have been achieved from those recommendations; and, where recommendations have not been implemented in full, will he give the reasons why this has happened and explain any alternative actions taken to address those recommendations?

Answer

On 4th 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 of the time has reported to the Assembly on several occasions in relation to progress, including a detailed answer to a written question (9147) tabled by the Member 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.

While the services set out in the response to question 9147 remain in place and are incorporated into business as usual, the agenda has moved on. The Children's Improvement Board (set up in 2015 and chaired by the Chief Minister) was established to oversee a comprehensive improvement programme for Children's Services subsuming all existing and new issues affecting the service, with new funding made available. By the end of March 2017, the Independent Jersey Care Inquiry is due to report requiring the States to respond and to formulate and implement an appropriate action plan involving those who work with children across the whole system.

The outcomes from the Williamson implementation plan include:

• Senior political oversight for vulnerable children and young people, with the HSSD Minister having lead responsibility for vulnerable children and young people
• An understanding of the performance of services and impact on children and young people following external scrutiny; an understanding of what's working well and what requires improvement.
• Independent scrutiny applied to care planning for children with opportunity provided for children and young people to speak/meet the Independent Review Officer.
• Children and young people provided with independent external parties to advocate on their behalf, share views and contribute to safeguarding arrangements.
• Looked After Children stay on-island wherever possible.
• Concerns can be raised by staff in a safe manner without fear of repercussion.
• Children and young people can raise complaints
• A strategic framework in place to support partnership working which sets out to improve outcomes for children and young people.
• Emergency out of hours service in place to respond to vulnerable or at risk children and young people.

7. DEPUTY G.P. SOUTHERN OF ST. HELIER OF THE CHIEF MINISTER REGARDING INCOME INEQUALITY: [1(8)]

Question

Given that Jersey Household Income Distribution 2014/15' revealed income inequality had increased since 2009/10, what measures, if any, has the Chief Minister and his Department actively pursued to mitigate the increase? In particular, and further to answers provided to oral question 9076 on 17th November 2015, will he inform members what data, if any, has been collected on the impact the policy of 90% rents in social housing has had on such inequality?

Will he further advise why, given their use as measures of income inequality, the 90-10 income ratio, the 90-10 income shares ratio and the Gini coefficient are not included as significant measurable progress indicators in the Shaping our Future' policy?

Answer

The Income Distribution Survey analyses income before and after housing costs, and reflects the economic situation during a period of global financial crisis. In recent years, Jersey has, however, shown an improved economic performance, with participation in the workforce having increased considerably, unemployment at a record 6 year low, and earnings growth above inflation.

This is a reflection of the policies being followed by the Council of Ministers - supporting our economy to grow and continuing to focus on the back to work' programme - so that we help people into work, and help them to earn more.

At the same time, more needs to be done to improve the position of people across our society, especially the most disadvantaged, which is why the following is critical:

• Prioritising education and focusing on providing children with the best start in life to improve outcomes, for example, the pupil premium will support children with the highest needs.
• Investment in health and social services to improve people's health and well-being, including their mental and physical health.
• Continuing investment in infrastructure, including improving the people's standard of housing, for example - incorporating higher insulation standards to reduce tenant's heating costs; forthcoming legislation to improve private rental standards; and absolutely necessary investment in refurbishing our social housing to meet decent homes standards.

The 90% rent policy is a critical component of the Island being able to afford this additional investment in social housing. However, its introduction is a gradual process; at present 27.5% of Andium Homes' tenants pay 90% rent and the average rent is 77% of market rent. It therefore remains too early to assess the full impact – and instead, the progression of the policy continues to be monitored.

At the same time, low income households are protected from rent increases when they move on to the 90% rents policy through Income Support, as the accommodation component has been adjusted upwards to reflect social housing rents.

These critical issues of standard of living, income, and income equality, are important matters for inclusion in the Long Term Plan. The Pan will mirror international best practise by identifying headline' Island Indicators suitable for Jersey, aligned to economic, social and environmental outcomes, and inclusive of appropriate measures for income and equality. Experience elsewhere has shown the value of choosing a small number of these headline indicators, and no performance indicator should ever be interpreted in isolation. They indicate', they do not explain. Understanding what trends mean and why they are emerging is key if the indicators are to inform strategy and policy development. That is why each Island Indicator must be supported by a range of other performance information, in order to understand the story behind the baseline'.

This is why the suite of indicators outlined in the Long Term Plan related to affordable living in Jersey includes disposable income, relative low income, housing affordability, households in rental stress, and a perception indicator about how households are coping financially. Other indicators in the framework include unemployment and average earnings. Many indicators in the framework can also be interrogated in more detail through the lens of different income groups, pensioners or children.

All these indicators have been selected in discussion with the independent Chief Statistician and all mirror examples used in other places. They naturally lead to supporting evidence such as the 90-10 income ratio, the 90-10 income shares ratio and the Gini coefficient. These remain an integral part of the evidence base. It would be wrong to think otherwise.

8. DEPUTY G.P. SOUTHERN OF ST. HELIER OF THE MINISTER FOR SOCIAL SECURITY REGARDING THE WITHHOLDING OF INCOME SUPPORT: [1(9)]

Question

Further to the answer to oral question 9758, asked on 12th December 2016, will the Minister, as agreed, circulate written notes by 17th January 2017 on the four topics relating to the withholding of Income Support?

Will she further undertake to give a detailed answer to the question and advise how many Income Support claims have been subject to the withholding of benefit paid, and the sums involved, through:

1. sanctions;
2. overpayment charges;
3. Household Medical Account payments; and
4. loan repayments on special payments;

and will she provide the total sum withheld in the first quarter of 2016? Answer

This question asks for a significant amount of information, relating to four very different areas of Income Support administration. It requires detailed analysis of a large number of records to provide a comprehensive answer and a clear explanation of the data. On the 12 December 2016 during the supplementary dialogue following the answer to oral question 9758[2] the Social Security Minister offered to circulate some written notes on this topic to members prior to the next States sitting. This suggestion was then superseded by Deputy Southern 's proposal for the answer to be prepared for the States sitting on 31st January 2017. I can therefore confirm that work is underway, and has been scheduled to meet this deadline, as agreed.

9. DEPUTY G.P. SOUTHERN OF ST. HELIER OF THE MINISTER FOR SOCIAL SECURITY REGARDING A REVIEW IN RESPECT OF PRIMARY HEALTH CARE SERVICES IN THE ISLAND: [1(10)]

Question

Will the Minister inform members of the terms of reference agreed between her Department and Deloittes in the preparation of their review of the provision of, funding of, and access to primary health care services in the Island due in the first quarter of 2017?

In particular, what scope is there in the review to examine:

1. the costof GP consultations and the extent to which this prevents those on low incomes from seeking early intervention;
2. the level of co-payment involved;
3. the role of health / impairment components and Household Medical Accounts in the Income Support system; and
4. the need, or otherwise, to maintain free prescriptions for all?

Answer

The scope of the review, as previously published in the States procurement portal, is shown below. For clarity each of the items above will be considered in the assessment of charging policies and access to service for people with a low income.

Purpose: The Health and Social Services Department and the Department of Social Security wish to commission an independent advisor who can draw on their knowledge of international evidence and offer:

An assessment of the current system of charging policies and government funding and a comparison with other relevant jurisdictions

1. advice on the design of a government funded scheme to assist low income individuals with the cost of health co-payments in General Practice
2. advice on the effect different charging mechanisms can have on patient and practitioner behaviours, specifically associated with General Practice and Pharmacy services. The independent advisor will be asked to identify the strengths and weaknesses of different payment and incentivisation options in other jurisdictions and the impacts these would have in a Jersey context, making recommendations

Deliverables:

1. An assessment of:

1. the current payment and incentivisation systems in Primary Care (focusing on general practice and pharmacy) in Jersey, identifying strengths and weaknesses
2. charging policies and government funding mechanisms in other jurisdictions, that operate similar health systems, with an analysis of their strengths, weaknesses. This assessment should also identify the extent to which the different policies could support the achievement of the vision of P82/2012 and the payment ambition of the Primary Care Strategy, namely to use taxpayers' money more effectively to support Primary Care services, whilst maintaining the strengths of the current system ("the strategic aim")

3. the behaviours that could be encouraged in both patients and care providers in Jersey to support the strategic aim
4. areasofimpactin which the use of charging policies and government funding on patient and provider behaviour will be limited due to local constraints, such as the need to maintain some services within the new Hospital
5. the methods used in similar jurisdictions to identify patients as requiring additional support with user pay charges in respect of health services
6. different mechanisms for supporting people with a low income to meet user-pay charges in health care

2. Advice on the design of a government funded scheme to assist low income individuals with the cost of health co-payments in General Practice:
   1. the way in which charges in Primary Care should be structured to minimise the adverse impact of such charges on low income groups
   2. the way in which patients or groups of patients should be identified as requiring additional help from government to access Primary Care services
   3. the mechanism via which that help should be provided.
3. Advice on changes to payment and incentivisation mechanisms within Primary Care, which have the ability to meet the strategic aim. The options should consider:

1. how to maintain the strengths of the current Primary Care system whilst changing the payment and incentivisation systems to improve the cost effectiveness of the health system as a whole
2. elements of models in different jurisdictions that could be adapted for Jersey
3. what blend of these elements would form appropriate options for payment and incentivisation in Jersey given the local context
4. the impact of the proposed payment and incentivisation options on behaviours of practitioners and patients
5. necessary changes to other elements of the health and social care system that would enable the options to be effective, e.g. finance, workforce, legal, administrative, IT, communications, and timeframe
6. highlighting the degree of impact of the proposed changes juxtaposed with the level of necessary change
7. variations in the low income support system recommended in element 2 of this work that would maintain its sustainability following the introduction of changes to payment or incentivisation mechanisms

Note: Changes to the GP payment system must continue to include retaining an element of users pays', however options must be mindful of addressing access and inequality issues.

10. DEPUTY J.A. HILTON OF ST. HELIER OF THE CHIEF MINISTER REGARDING POPULATION POLICY AND THE WORK OF THE HOUSING AND WORK ADVISORY GROUP: [1(11)]

Question

Further to his answer during questions without notice on 12th December 2016 about proposals for an effective population policy and the indication that he would announce a package of measures to strengthen the existing work of the Housing and Work Advisory Group at the beginning of January 2017, will the Chief Minister confirm exactly what these measures are and when they will be implemented?

Answer

The Housing and Work Advisory Group has just announced a new initiative to remove permissions from larger businesses – as a guide those who employ 30 members of staff or more - who hold more registered permissions than comparable businesses in their sector.

The aim is to support a fairer allocation of permissions and to limit migration in line with our economic and social priorities.

This will involve careful evaluation of up to 100 businesses, which could result in them being either being placed into a "step down" programme to gradually reduce the number of registered permissions they hold, or a work permit type condition requiring them to seek permission for each new registered member of staff they wish to employ. This initiative may be extended in due course to encompass a greater number of businesses.

All this will be undertaken  in addition to ongoing work to remove permissions and ongoing firmness in the consideration of applications (the 2017 application statistics to be finalised and published before the end of January).

In addition, the Council of Ministers are also considering or advancing other measures, including:

1. Reviewing the fee structure under the Law, including to enhance migration controls and to invest in necessary skills, to be implemented in 2017.
2. Enhanced compliance functions as partofthe continuing integration ofthe Population Office into the Social Security Department, to be implemented in 2017.
3. Establishing a robust system of criminal record checks for new migrants as government becomes increasingly digital, with implementation subject to findings of the work, including evaluating access to records held in different jurisdictions
4. The development ofthe e-census, which is being established by the Statistics Unit with a due date to be confirmed subject to further evaluation but to be before the next expected census in 2021.
5. Economic analysis ofthe long-term economic and fiscal implications ofdifferent levels of inward migration to support decision and policy making, which will be overseen in the first half of 2017 by the Economics Unit; and
6. The development of a long term plan, inclusive of a population policy, to set a long term direction for Jersey, with the aim of it being finalised before the Summer Recess 2017.

These initiatives need to be progressed sensitively and carefully, considering the needs of businesses and our economy, while seeking to limit migration.

11. DEPUTY J.A. HILTON OF ST. HELIER OF THE MINISTER FOR EDUCATION REGARDING THE FUTURE USE OF THE EXISTING POLICE HEADQUARTERS IN RELATION TO ROUGE BOULLION SCHOOL: [1(12)]

Question

Further to figures contained in Jersey Health Profile 2016' which showed that 32% of 10 and 11 year olds are either overweight or obese, will the Minister advise whether he has considered, or discussed with other relevant Ministers, the future use of the existing Police Headquarters with a view to extending and improving the amount of outside space available to the children of Rouge Bouillon School and thereby having a positive impact on the health of those children?

Answer

Additional play space for Rouge Bouillon School would be very much welcomed, and the potential for using the emergency services site has already been recognised. Initial discussions have already taken place between representatives of the Education Department, Jersey Property Holdings, the school and the St Helier parish authorities to start exploring possibilities for future use. In the short term, a piece of land might be made available for the nursery and early years classes.

12. DEPUTY S.Y. MÉZEC OF ST. HELIER OF MINISTER FOR ECONOMIC DEVELOPMENT, TOURISM, SPORT AND CULTURE REGARDING THE RESIGNATION OF THE DEPARTMENT'S CHIEF OFFICER: [1(13)]

Question

Following the resignation of the Chief Officer of the Economic Development, Tourism, Sport and Culture Department, what provisions, if any, have been put in place to ensure that the Department is run effectively whilst the post remains vacant? What timescale, if any, exists for finding a full- time replacement for this post?

Answer

Members received confirmation of the Chief Officer's resignation via an internal communication on Tuesday 3rd January 2017.

As an interim measure the duties of the Chief Executive are being shared by the Deputy Chief Officer and the Assistant Director within the Department, with Accounting Officer responsibility temporarily being assumed by the States Chief Executive.

The Department will now complete its restructuring exercise during January/February, during which time an appointment will be made to lead the Department. I hope we are able to make that appointment from within the public service.

13. DEPUTY S.Y. MÉZEC OF ST. HELIER OF THE MINISTER FOR TREASURYAND RESOURCES REGARDING HIGH VALUE RESIDENTS: [1(14)]

Question

Further to the findings of Post-Implementation Review of Jersey's High Value Residents Regime Applicable since July 2011' (R.130/2016), what research, if any, has been undertaken to measure exclusively the social contribution to Jersey of High Value Residents (HVRs), including any evidence of individual HVRs providing a negative social contribution?

Furthermore, will the Minister provide statistics to support the claim made in R.130/2016 that new HVRs are more economically active than those admitted to the Island under the previous scheme, including the total number of start-up businesses set up in recent years and the number of businesses relocated to Jersey by an HVR?

Will the Minister also advise how many Islanders are employed by businesses set up by HVRs?

Answer

The most recently-gathered and available statistics are all contained in the Tax Policy Unit's Report from  December  2016  (see  http://www.statesassembly.gov.je/AssemblyReports/2016/R.130- 2016.pdf ).

The Review Team concluded during their work that it was not feasible to attempt further analysis of the social contribution HVRs make (for example, surveying the HVR community was ruled out as unnecessarily intrusive and at risk of producing under-reporting).

Table 10 on page 38 of the Report (reproduced below) demonstrates growth across the period 2012- 2016 in the number of businesses established by HVRs arriving under the post-July 2011 regime; and the number of employees employed in those businesses. This modest growth – over the short time series of data available – is encouraging.

Based on the data available in the Taxes Office, the number of businesses established by those HVRs arriving in the period 2009-2011 (i.e. the years immediately preceding the current regime) and employing individuals is less than six. The Report does also indicate that "the demographics of the HVRs relocating under the post-July 2011 regime indicate that they are likely to be more economically  active  and  less  likely  to  be  (solely)  living  off  accumulated  capital".   While  a subjective  assessment,  it  would  be  inappropriate  for  the  Taxes  Office  to  publish  related demographic information given the small population of taxpayers involved.

The Comptroller advises me that no reliable data is available with regard to the number of Islanders employed in businesses established by those who have come to Jersey over the decades under predecessor HVR regimes.

Extract  from  Post-Implementation  Review  of  Jersey's  High  Value  Residents  Regime Applicable since July 2011'

Table 10 : Businesses Established by HVRs (New Regime); Other Employment Created; and Additional Tax Contribution

Source: Locate Jersey and the Taxes Office Notes:

• All tax figures rounded.

14. DEPUTY S.Y. MÉZEC  OF ST.  HELIER OF  THE MINISTER  FOR ECONOMIC DEVELOPMENT,  TOURISM,  SPORT  AND  CULTURE REGARDING  THE

INTRODUCTION OF LEGISLATION WHICH HAS HAD AN EFFECT ON PROMOTING ECONOMIC GROWTH: [1(15)]

Question

Will the Minister list all Ministerial Orders, Regulations and other legislation he has been responsible for since taking office which he can demonstrate has had a tangible effect in promoting economic growth?

Answer

In addition to legislative developments, the Department has responsibility for a number of internal (Locate Jersey) and external agencies (e.g. Visit Jersey, Jersey Business, Genuine Jersey) whose sole focus is generating economic growth in Jersey. We also work daily with other Departments and third parties on a wide range of non-legislative developments to create opportunities for Jersey businesses to exploit.

Regulations

• Licensing (No. 18) (Jersey) Regulations 2016

Allowed pubs to open until 1am on Friday 10th and Saturday 11th June 2016 to mark the Queen's official 90th birthday.

Orders

• Tourism (General Provisions) (Amendment No.19) (Jersey) Order 2015

A small-scale red tape removal initiative to provide hotels and guest houses greater flexibility regarding dining provision

• Tourism (General Provisions) (Amendment No. 20) (Jersey) Order 2016

A further small-scale red tape removal initiative to remove a duplicate record keeping requirement affecting tourist accommodation providers

• Shops (Regulation of Opening) (Special Occasions) (Jersey) Order 2015

Specifically designed to build on the success of the existing Fête de Noué and pre-Christmas Sunday trading arrangements and boost the retail industry by allowing all shops to compete unencumbered with internet retailers.

The Deputy may not be aware that my portfolio extends far beyond the direct creation of economic growth and into the area of sectoral regulation, which underpins an efficient and effective economy. I am also responsible for consumer protection and other areas of social and economic benefit. Administrative legislation such as fee Orders are also required –

Laws

• Aircraft (Registration) (Amendment) (Jersey) Law 2016

The amendment to the Aircraft Registration (Jersey) Law 2014 allows for a Qualified Person to be removed from registration where circumstances require. The intention of this amendment is to allow for the JAR to, in due course, accept registrations from Qualified Persons who are not simply Jersey incorporated entities

• Aircraft Registration and Air Navigation (Miscellaneous Provisions) (Jersey) Law 201- This made provisions related to the Air Navigation (Jersey) Law required as consequence of the establishment of the Jersey Aircraft Registry.

Regulations

• Financial Services Ombudsman (Case-fee and Levy) (Amendment) (Jersey) Regulations 2015

Postponed the end of equal splitting of the Ombudsman costs between Jersey and Guernsey to the end of 2018. Also to ensure the levy scheme can provide for levy notices to be served on representatives of financial service providers in appropriate circumstances.

• Aircraft Registration (Births, Deaths and Missing Persons) (Jersey) Regulations 2015

Required the owner of an aircraft registered in Jersey to inform the Registrar about births or deaths in the aircraft, to meet international standards.

• Shipping (Fishing Vessels Safety Codes of Practice) (Jersey) Regulations 2015

Updated the regime for Safety Provisions on fishing vessels to maintain standards of safety awareness, equipment, training and drills in what is traditionally a dangerous industry.

• Price Indicators (Amendment No. 2) (Jersey) Regulations 2016

Amended the Regulations to allow newspapers to be printed and sold in Jersey without breaking GST rules.

• Policing of Beaches (Amendment No. 11) (Jersey) Regulations 2016

Removed special status of fishing gear under the Regulations – to assist Planning and Environment in controlling fishing to protect bass stocks.

Orders

• Shipping (Fishing Vessels Safety Provisions) (Amendment) Order 2015

Following the passage of the Shipping (Fishing Vessels Safety Codes of Practice) (Jersey) Regulations 2015 the Order was amended to apply only to vessels outside the scope of the Safety Codes.

• Sea Fisheries (Spider Crabs - Restrictions on Fishing) (Jersey) Order 2015

This Order was required under the Sea Fisheries (Miscellaneous Provisions)(Amendment No.6)(Jersey) Regulations 2014 (R&O84/2014) to provide better protection for spider crabs in local waters.

• Air and Sea Ports (Suspension of Licence Requirements) (Jersey) Order 2015

Following the approval of the Air and Sea Ports (Incorporation) (Jersey) Law 2015, any organisation conducting port operations' required a licence to do so. The incorporation plan allowed for a grace period in order to allow CICRA to licence the entity.

• Financial Services Ombudsman (Eligible Complaints) (Jersey) Order 2015

This Order makes further provision as to the eligibility of complainants under Article 8 of the Financial Services Ombudsman (Jersey) Law 2014.

• Gambling (Amendment of Law) (Jersey) Order 2015

Pursuant to Article 5(4) of the Gambling (Jersey) Law 2012, an Order was made amending the provisions of Article 5(3)(c) of the 2012 Law to fill an inadvertent lacuna in the current legislative framework.

• Financial Services Ombudsman (Exempt Business) (Amendment) (Jersey) Order 2015

This Order amended Article 3(2)(a) of the Order, which relates to exemption of occupational pension business when carried on by an employer as incidental to the employer's principal business. The effect of the amendment is that such business is not exempt where the employer carries on any other relevant pension business.

• Aircraft Registration (Nationality and Registration Marks) (Jersey) Order 2015

This amendment was intended to broaden the appeal of the Registration Marks available to potential clients considering registering their aircraft on the Jersey Aircraft Registry.

• Economic Development (2016 Fees) (Jersey) Order 2015

This applied an RPI increase to the fees charged in 2016 under EDD legislation

• Economic Development, Tourism, Sport and Culture (2017 Fees) (Jersey) Order 2016

This applied an RPI increase to the fees charged in 2017 under EDTSC legislation.

• Aircraft Registration (Nationality and Registration Marks) (Amendment) (Jersey) Order 2016 Partially derestricted the use of the letters I, O and S in ZJ registration numbers.
• Aircraft Registration (Amendment of Law) (Jersey) Order 2016

This amendment was intended to broaden the appeal of the Registration Marks available to potential clients considering registering their aircraft on the Jersey Aircraft Registry.

• Aircraft Registration (Fees) (Jersey) Order 2015

The Order sets the fees chargeable and payable in respect of registrations, rectifications, cancellations, discharges, copies, extracts and inspections relating to aircraft registration.

15. DEPUTY S.Y. MÉZEC OF ST. HELIER OF THE MINISTER FOR HOME AFFAIRS REGARDING THE IMPACT OF POLICY CHANGES INSPIRED BY THE 1,001 CRITICAL DAYS' MANIFESTO: [1(16)]

Question

Will the Minister list each public service which has seen its quality improved, or the number of Islanders who benefit from it increased, as a direct result of policy changes inspired by the '1,001 Critical Days Manifesto'?

Answer

The goal of the 1001 Critical Days manifesto is for every baby to receive sensitive, appropriate and responsive care from their main caregivers in the first years of life.

As a result of policy changes inspired by the 1001 Critical Days programme in Jersey, all expectant mothers and babies in Jersey have benefitted from the development of a range of services delivered by maternity, education, health visiting and adult mental health. This includes the scaling up of the Coping with Crying programme and the embedding of the MESCH programme (Maternal Early Sustained Child Health Visiting) delivered in partnership with Family Nursing and Home Care. Specialist maternal mental health support is being piloted in the antenatal clinic and perinatal mental health is prioritised by Jersey Talking Therapies.

Partnerships and increased collaborative working between all perinatal services including the many voluntary and community services have improved the experiences of the services for families and expectant mothers.

There has been a considerable amount of publicity in relation to the work of the 1001 Critical Days Taskforce, raising awareness generally with Islanders and particularly with professionals who work in the related environment. Events include presentations to States Members from the NSPCC and NCB about effective Better Start' programmes.

To raise awareness amongst the population, a week long publicity campaign was delivered in May – the message to parents was to go home early from work to read together, play together, cook together and be together'. The benefits of breastfeeding were promoted through the Big Latch' event in June.

To better inform professionals, the Taskforce established a 1001 Reasons to Listen' seminar series where experts talked about the importance of evidence and early intervention to improve outcomes.

In partnership with the UBS Optimus Foundation, the National Children's Bureau have worked with the 1001 Critical Days Taskforce to develop an outcomes framework and to deliver Knowledge Makes Change' bulletins to 500 practitioners to expand local knowledge on early childhood development.

The appointment of an independent chair for the Early Years and Childhood Partnership ensures that the progress made by the Taskforce will be maintained and further improvements and progress guided, monitored and evaluated. In addition, plans are under development to introduce new services in this area during the course of 2017.

16. DEPUTY S.Y. MÉZEC OF ST. HELIER OF THE CHIEF MINISTER REGARDING THE PROPORTION OF NEW JOBS TAKEN BY WORKERS WITH LESS THAN 5 YEAR'S RESIDENCY: [1(17)]

Question

Will the Minister provide statistics to show what proportion of new jobs created in 2014, 2015 and (if possible) 2016 have gone to workers with less than 5 years' residency in Jersey?

Answer

The Statistics Unit produce a large volume of information on net migration and employment, but this information is focused on net migration and net changes in levels of employment, i.e. the difference between those coming and those leaving, and jobs created less jobs lost. The Statistics Unit do not therefore report new jobs created in isolation, or who gets these jobs.

However, it is clear that Jersey's economy is generating very substantial numbers of jobs – with total employment having reached a record high at the end of December 2015 of 57,720, an annual increase of 1,180 overall, including an additional 300 people classified as "registered" (having completed less than 5 years residence in the Island). This is on top of an increase in total employment in 2014 of 1,220.

As such, to a sizeable extent businesses have needed to import skills as our economic performance has improved and the overall demand for labour has increased so considerably.

However, this is taking place in the context of the lowest unemployment rate for 6 years; and increasingly high levels of participation in the workforce, which has risen from 82% at the time of the census to 86% in 2016. In addition, earnings have risen above inflation for a number of years now.

The Jersey Labour Market Survey and the Jersey population estimates, and other related statistics, can be found in full at https://www.gov.je/Government/JerseyInFigures/Pages/index.aspx.

17. DEPUTY M. TADIER OF ST. BRELADE OF THE MINISTER FOR EDUCATION REGARDING  THE  TURNOVER  OF STAFF  IN  NON-PRIVATE PRIMARY SCHOOLS: [1(18)]

Question

Will the Minister provide a breakdown for the turnover of all staff, including non-teaching staff, at all non-private primary schools in the past 3 years?

Answer

STAFF TURNOVER

* The breakdown of the overall percentages into teaching and non-teaching staff was not available in time for this answer to be submitted but can be provided at a later date.

18. DEPUTY M. TADIER OF ST. BRELADE OF THE MINISTER FOR ECONOMIC DEVELOPMENT, TOURISM, SPORT AND CULTURE REGARDING THE PLAY PARK AT LES QUENNEVAIS PLAYING FIELDS: [1(19)]

Question

Will the Minister clarify whether the play park at Les Quennevais playing fields is now under his Department's administration; and, if so, will he agree to make good on the undertakings of the former Minister for Education, Sport and Culture to consult users of the facility and to consider potential improvements for the park?

Answer

I confirm that my Department has taken on the responsibility for the play park at Les Quennevais as part of the wider Sport portfolio.

I understand that officers did historically consult with parents and users, where some ideas about improvements were discussed at a very general level. At the time no budget was available to make improvements, however I am pleased to report that some additional equipment has now been sourced and this will be put into the park when weather conditions allow, sometime in Spring 2017.

Once this addition has been made, a further consultation exercise is proposed with users to identify any further improvements in future.

19. DEPUTY M. TADIER OF ST. BRELADE OF THE MINISTER FOR HOME AFFAIRS REGARDING THE CONDITIONS PLACED ON MR. BRONX AND HIS OWNERS: [1(20)]

Question

Further to the statement released by the Assistant Minister on 21st December 2016, will the Minister provide a full list of the conditions that have been placed on Mr. Bronx and his owners in connection with his release?

Answer

The forfeited property of the pit bull terrier known as "Mr. Bronx" ("the Dog") was restored to his former owner (Mr. Gomes) subject to conditions under Schedule 3 to the Customs and Excise (Jersey) Law 1999. These conditions balance the interests of Mr. Gomes and his family in having the Dog restored to them and the wider public interest.

Before the Dog was returned to Mr. Gomes a legal agreement was reached between the Assistant Minister and Mr. Gomes which sets out certain conditions designed to ensure that the Dog is kept properly under control by its owners. These include neutering (which has now been performed), muzzling at all times when in public, the stipulation that no one under the age of 16 is to be left unsupervised with the dog, and the fact that it must, again at all times in public, be kept on a lead no longer than two metres.

The Assistant Minister has written to Mr Gomes regarding publication of the full details contained within the agreement and an update will be provided to the Assembly in due course.

20. DEPUTY M. TADIER OF ST. BRELADE OF THE MINISTER FOR EXTERNAL RELATIONS REGARDING THE MUTUAL EXCHANGE AND RECOGNITION OF DRIVING LICENCES BETWEEN ROMANIA AND JERSEY: [1(21)]

Question

Will the Minister explain what progress, if any, has been made on the mutual exchange and recognition of driving licenses between Romania and Jersey?

Answer

An agreement for the mutual recognition of driving licences between Jersey and Romanian was signed during the former Romanian Ambassador's official visit to Jersey on 16th September 2014. Since the agreement has been in place 297 Romanian driving licences have been exchanged for Jersey licences.

21. DEPUTY M. TADIER OF ST. BRELADE OF THE CHIEF MINISTER REGARDING THE POPULATION OF EACH PARISH: [1(22)]

Question

Will the Chief Minister provide an up-to-date estimate of the population for each parish, as well as the proportion of the estimated population of the Island which resides in each parish?

Answer

The information can be found on page 6 of the 2011 Census report at:

https://www.gov.je/SiteCollectionDocuments/Government%20and%20administration/R%20Chapte r1TotalPopulation%2020120808%20SU.pdf

The total Jersey population was last estimated as 102,700 at the end of 2015. The estimation methodology provides only a total population size and not a breakdown by characteristics such as parish of residence.

22. DEPUTY G.P.  SOUTHERN OF ST. HELIER OF THE MINISTER  FOR SOCIAL SECURITY REGARDING THE SANCTIONS SYSTEM FOR THOSE ON INCOME SUPPORT: [1(23)]

Question

Further to the response to written question 9747 on 12th December 2016 which indicated approximately 1 in 15 of Back to Work clients on Income Support had been sanctioned in 2015 for the first breach of a written warning, whilst approximately 1 in 6 had received a sanction for leaving work without good cause, will the Minister advise what assessment, if any, she has undertaken to determine whether these proportions of sanctions are too high and whether they are caused by administrative problems in the system?

Will the Minister agree to review the sanctions system in place for those on Income Support who are actively seeking work to ensure that it is fairly administered?

Answer

I have full confidence in the operation of the sanctions system, which is designed to create a deterrent for people who claim Income Support but do not do enough to look for work, or for those people who leave employment without a good reason and expect to rely on the benefit system. The majority of Back to Work clients are actively engaged with the services we provide to help them look for work, and are motivated to obtain the financial and social benefits of employment. They are unlikely to be sanctioned. Even amongst those who do not fully engage, receiving a written warning which outlines the potential consequences of not looking for work is usually sufficient to motivate them to engage with us.

The information provided as part of written question 9747 indicated that in 2015, a total of 195 sanctions were issued for the first breach of a written warning and 461 sanctions were issued for leaving work without good cause. It is not correct to describe the latter figure in terms of "1 in 6" Back to Work clients, as many of those sanctions will have been issued to people who were not clients of Back to Work because they were in employment prior to leaving work. Furthermore, sanctions for leaving work without good cause may also be issued to somebody who leaves work and claims Income Support for the first time. This is an important function of the sanctions process, as it is completely unreasonable for working adults to decide they will leave work and rely on a tax- funded benefit system.

Taken together, I do not think these figures indicate that the system is working inappropriately. We cannot expect the taxpayer to support a minority who are able to work but unwilling to do so, and I am strongly committed to doing everything I can to help people into financial independence away from the benefit system. A clear and effective system of financial penalties is a necessary element of the other incentives we provide, such as a generous disregard for earned income and tailored jobseeking support through Back to Work.

The process of financially penalising a person reliant on benefit is never taken lightly, and is constantly under internal review. Determining Officers are reviewed in terms of the way they issue sanctions, and overall the sanctioning process is subject to rigorous quality assurance carried out by a senior member of staff. We also have a robust safeguarding process in order to identify vulnerable clients and to refer them to other agencies where appropriate. Additional steps in the process were initiated by frontline Back to Work staff, in order to be confident of fairness and consistency in the system. In addition, any decision by a Determining Officer is subject to a process of appeal to an independent tribunal. These are strong checks and balances, and I am confident they ensure our system is applied fairly and consistently. I do not see the need for any additional review of the operation of the sanctions process.

23. DEPUTY J.A. HILTON OF ST. HELIER OF THE MINISTER FOR HEALTH AND SOCIAL  SERVICES  REGARDING  WAITING  TIMES  FOR  CONSULTANT APPOINTMENTS: [1(24)]

Question

What are the current waiting times for a consultant appointment, and follow-up treatment where necessary, across all specialities in the Health Department, including Adult Mental Health and Child and Adolescent Mental Health Services?

Answer

Hospital specialties

All referrals to Consultants are graded by clinical need into urgent', soon' or routine' categories in order to  give the appointments booking team an appropriate clinical guide  for  urgency of appointment required.

As a general guide, urgent' patients are given an appointment within 2 weeks, soon' patients are given an appointment within 8 weeks and routine' in chronological order after all graded urgent' and soon' are booked.

The  same  grading  is  given  to  a  patient  when  adding  them  to  the  waiting  list  for  a procedure/treatment.

The  length  of  time  a  patient  may  wait  does  vary  by  specialty  and  varies  each  week  within specialties. The variation is driven by:

Number of available doctors

Number of referrals received

Number of patients being added to the procedure list Bank Holidays

Time of the year

Number of pre-advised patient cancellations

The patient administration system (TRAK) used to record receipt of referrals and the appointments allocated would ordinarily provide the data to allow us to provide to this question. Unfortunately, since an upgrade to the TRAK system  in December there have been  issues with the clock' embedded in the system, which is not allowing us to extract reliable data at this time for hospital- based appointments. This is being rectified by the manufacturer and as soon as data is available this information with be circulated to all States Members.

The last reliable data is from November 2016 and is detailed below in the table. This shows the average number of weeks patients who were seen in November had waited for their appointment or treatment. This includes all three categories of clinical urgency.