States Meeting Transcript - 20th June 2017

STATES OF JERSEY OFFICIAL REPORT TUESDAY, 20th JUNE 2017

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

1. The Bailiff :................................................................................7 Connétable L. Norman of St. Clement : ........................................................7

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

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

1. DEPUTY S.Y. MÉZEC OF ST. HELIER OF THE MINISTER FOR ECONOMIC DEVELOPMENT, TOURISM, SPORT AND CULTURE REGARDING THE JERSEY AIRCRAFT REGISTRY: [1(339)] ......................................................7
2. DEPUTY S.Y. MÉZEC OF ST. HELIER OF THE CHIEF MINISTER REGARDING THE SUB-COMMITTEE TASKED WITH EXAMINING OPTIONS FOR HIGHER EDUCATION FUNDING: [1(340)] .....................................................8
3. DEPUTY G.P. SOUTHERN OF ST. HELIER OF THE MINISTER FOR HEALTH AND SOCIAL SERVICES REGARDING THE RECRUITMENT AND PAY CONDITIONS OF NURSES: [1(341)]..................................................8
4. DEPUTY J.A.N. LE FONDRÉ OF ST. LAWRENCE OF THE CHIEF MINISTER REGARDING STATES OF JERSEY EMPLOYEES WHO HAVE TAKEN EITHER REDUNDANCY OR EARLY RETIREMENT: [1(342)]...............................10
5. DEPUTY G.P. SOUTHERN OF ST. HELIER OF THE MINISTER FOR SOCIAL SECURITY REGARDING THE £10 MILLION DEPARTMENTAL UNDERSPEND RECORDED IN STATES OF JERSEY FINANCIAL REPORT AND ACCOUNTS 2016' (R.65/2017): [1(343)] ............................................................12
6. DEPUTY M. TADIER OF ST. BRELADE OF THE MINISTER FOR ECONOMIC DEVELOPMENT, TOURISM, SPORT AND CULTURE REGARDING IMPLEMENTATION OF THE REPORT ENTITLED REDISCOVERING FORT REGENT – A VISION FOR THE FUTURE': [1(344)]................................12
7. DEPUTY G.P. SOUTHERN OF ST. HELIER OF THE MINISTER FOR HOUSING REGARDING THE PROPORTION OF TENANTS OF ANDIUM HOMES'S AFFORDABLE' RENTAL PROPERTIES WHO ARE IN HOUSING POVERTY': [1(345)]................................................................................13

8. DEPUTY G.P. SOUTHERN OF ST. HELIER OF THE CHIEF MINISTER REGARDING THE IMPACT OF THE POLICY OF BELOW INFLATION PUBLIC SECTOR PAY AWARDS: [1(346)]....................................................14
9. SENATOR S.C. FERGUSON OF THE CHIEF MINISTER REGARDING PROCEDURES IN PLACE FOR RESPONDING TO FREEDOM OF INFORMATION REQUESTS: [1(347)]..................................................................14
10. SENATOR S.C. FERGUSON OF THE MINISTER FOR TREASURY AND RESOURCES REGARDING THE EXTERNAL REVIEW OF THE PERSONAL INCOME TAX FORECASTING MODEL: [1(348)]...................................15

11. DEPUTY M.R. HIGGINS OF ST. HELIER OF THE CHIEF MINISTER REGARDING HIS ROLE IN THE DECISION TO WITHDRAW FUTURE HOSPITAL FUNDING STRATEGY' (P.130/2016): [1(349)]...................................................16
12. DEPUTY M.R. HIGGINS OF ST. HELIER OF THE MINISTER FOR EXTERNAL RELATIONS REGARDING MEETINGS HE HAS HELD IN RELATION TO THE BRITISH DECISION TO LEAVE THE EUROPEAN UNION: [1(350)]..............17
13. DEPUTY M.R. HIGGINS OF ST. HELIER OF THE CHIEF MINISTER REGARDING DATA COLLECTION IN RELATION TO LICENCE APPLICATIONS UNDER CONTROL OF HOUSING AND WORK LEGISLATION: [1(351)] .........25
14. DEPUTY M.R. HIGGINS OF ST. HELIER OF THE CHIEF MINISTER REGARDING THE ACTION PRESCRIBED IN CIRCUMSTANCES WHERE A MINISTER OR OFFICIAL BECOMES AWARE OF ALLEGED CRIMINALITY BUT FAILS TO REPORT IT: [1(352)]..................................................................26
15. DEPUTY M.R. HIGGINS OF ST. HELIER OF H.M. ATTORNEY GENERAL REGARDING THE LEGISLATIVE BASIS FOR THE ROLES AND DUTIES OF THE LAW OFFICERS: [1(353)] ............................................................27
16. DEPUTY G.P. SOUTHERN OF ST. HELIER OF THE MINISTER FOR SOCIAL SECURITY REGARDING THE CAUSES OF SOCIAL EXCLUSION IN JERSEY: [1(357)]................................................................................28

3. Oral Questions...........................................................................30

1. Deputy R.J. Renouf of St. Ouen of the Minister for Social Security regarding the introduction of legislation to provide greater employment protection for carers: [1(360)]...................................................................................30

Deputy S.J. Pinel of St. Clement (The Minister for Social Security):..........................30 3.1.1 The Deputy of St. Ouen:................................................................30

2. Deputy S.Y. Mézec of St. Helier of the Chief Minister regarding the prospect of a Royal Commission to examine electoral reform: [1(363)]..............................30

Senator I.J. Gorst (The Chief Minister):......................................................30

1. Deputy S.Y. Mézec :....................................................................30
2. Deputy A.D. Lewis of St. Helier:.......................................................31
3. Deputy M. Tadier of St. Brelade:.......................................................31
4. Deputy M. Tadier :......................................................................32
5. Connétable J. Gallichan of St. Mary : ...................................................32
6. Connétable A.S. Crowcroft of St. Helier:...............................................32
7. Deputy A.D. Lewis :....................................................................33
8. Deputy S.Y. Mézec :....................................................................33

3. Deputy K.C. Lewis of St. Saviour of the Minister for Home Affairs regarding base- jumping from tall buildings in Jersey: [1(354)] ........................................34

Deputy K.L. Moore of St. Peter (The Minister for Home Affairs):............................34 3.3.1 Deputy K.C. Lewis :....................................................................34

4. The Connétable of St. Helier of the Minister for Housing regarding the fire prevention and other safety measures and procedures in place in social housing, especially in high-rise buildings: [1(369)]...............................................34

Deputy A.E. Pryke of Trinity (The Minister for Housing):....................................34

1. The Connétable of St. Helier:...........................................................35

2. Deputy L.M.C. Doublet of St. Saviour:.................................................35
3. Deputy L.M.C. Doublet :................................................................35
4. Deputy G.P. Southern of St. Helier:....................................................36
5. Deputy G.P. Southern :..................................................................36
6. Deputy J.A. Hilton of St. Helier:........................................................36
7. Deputy J.A. Hilton:.....................................................................37
8. Deputy S.M. Wickenden of St. Helier:..................................................37
9. Deputy M. Tadier :......................................................................37
10. Senator S.C. Ferguson:..............................................................37
11. The Connétable of St. Helier:........................................................38

3.5. Deputy G.P. Southern of the Minister for Health and Social Services regarding notifications to Family Nursing and Home Care clients in respect of the arrangements for home care provision: [1(365)].......................................................38

Senator A.K.F. Green (The Minister for Health and Social Services):........................38

1. Deputy G.P. Southern :..................................................................38
2. Deputy S.Y. Mézec :....................................................................39
3. Deputy S.Y. Mézec :....................................................................39
4. Deputy M. Tadier :......................................................................39
5. Deputy M. Tadier :......................................................................39
6. Deputy G.P. Southern :..................................................................40

6. Deputy M. Tadier of the Minister for Economic Development, Tourism, Sport and Culture regarding the playpark at Les Quennevais playing fields: [1(366)] ..........40

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

Tourism, Sport and Culture - rapporteur):..............................................40

1. Deputy M. Tadier :......................................................................40
2. Deputy S.Y. Mézec :....................................................................41
3. Deputy M. Tadier :......................................................................41

7. Deputy J.A. Hilton of the Minister for Health and Social Services regarding babies born to mothers with substance abuse issues and their placement on the Child Protection Register: [1(362)]............................................................41

Senator A.K.F. Green (The Minister for Health and Social Services):........................41

1. Deputy J.A. Hilton:.....................................................................42
2. Deputy L.M.C. Doublet :................................................................42
3. Deputy L.M.C. Doublet :................................................................42
4. Deputy M. Tadier :......................................................................43
5. Deputy M. Tadier :......................................................................43

6. Deputy M.R. Higgins of St. Helier:.....................................................43
7. Deputy J.A. Hilton:.....................................................................43

8. Deputy P.D. McLinton of St. Saviour of the Chief Minister regarding new European Union regulations regarding roaming charges within the Union and whether such charges would apply in Jersey: [1(356)]................................................43

Senator P.F. Routier (Assistant Chief Minister - rapporteur):.................................44

1. Deputy P.D. McLinton: ................................................................44
2. Senator S.C. Ferguson:.................................................................44
3. Deputy P.D. McLinton: ................................................................45

9. Deputy M.R. Higgins of the Chief Minister regarding the employment of former employees of the States of Jersey Police by the Office of the Information Commissioner: [1(358)]..................................................................45

Senator I.J. Gorst (The Chief Minister):......................................................45

1. Deputy M.R.Higgins:..................................................................45
2. Deputy M.R.Higgins:..................................................................46

10. Senator S.C. Ferguson of the Chief Minister regarding the publication of the numbers assigned to Freedom of Information requests: [1(3590]................................46

Senator P.F. Routier (Assistant Chief Minister - rapporteur):.................................46

1. Senator S.C. Ferguson:..............................................................46
2. Deputy S.Y. Mézec :.................................................................47
3. Deputy S.Y. Mézec :.................................................................47
4. Senator S.C. Ferguson:..............................................................47

11. Deputy M.R. Higgins of the Chief Minister regarding the common failings identified by serious case reviews: [1(370)]........................................................48

Senator P.F. Routier (Assistant Chief Minister - rapporteur):.................................48

1. Deputy M.R.Higgins:...............................................................48
2. Deputy J.A. Hilton:..................................................................48
3. Deputy M.R.Higgins:...............................................................49

12. Senator S.C. Ferguson of the Minister for Treasury and Resources regarding the external review of the income forecasting model: [1(371)].............................49

Senator A.J.H. Maclean (The Minister for Treasury and Resources):.........................49

1. Senator S.C. Ferguson:..............................................................49
2. Senator S.C. Ferguson:..............................................................50

13. Deputy S.Y. Mézec of the Chief Minister regarding the implications of the United Kingdom's election results on Jersey's position regarding the Brexit negotiations: [1(364)]...................................................................................50

Senator I.J. Gorst (The Chief Minister):......................................................50

1. Deputy S.Y. Mézec :.................................................................50
2. Deputy G.P. Southern : ..............................................................51
3. Deputy G.P. Southern : ..............................................................51
4. Deputy J.M. Maçon of St. Saviour : ..................................................52

14. The Deputy of St. Ouen of the Chief Minister regarding the steps that he would take to promote the adoption of the Jersey Living Wage: [1(361)]..........................52

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

1. The Deputy of St. Ouen:.............................................................52
2. Deputy A.D. Lewis : .................................................................53
3. Deputy M. Tadier :...................................................................53
4. Deputy M. Tadier :...................................................................53
5. Deputy G.P. Southern : ..............................................................54
6. Deputy C.F. Labey of Grouville :....................................................54
7. Deputy S.Y. Mézec :.................................................................55
8. Deputy A.D. Lewis : .................................................................55
9. The Deputy of St. Ouen:.............................................................55

15. Deputy G.P. Southern of the Chief Minister regarding whether he would moderate the policy of wage restraint in the public sector by making an inflation-only pay offer over the coming four-year period: [1(367)].............................................56

Senator I.J. Gorst (The Chief Minister):......................................................56

1. Deputy G.P. Southern : ..............................................................56
2. Deputy G.P. Southern : ..............................................................56
3. Deputy G.P. Southern : ..............................................................57

16. Deputy M. Tadier of the Minister for Economic Development, Tourism, Sport and Culture regarding the impact of the proposed liquid waste charges on business, particularly in the hospitality and agricultural industries: [1(368)]...................57

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

.........................................................................................57

1. Deputy M. Tadier :...................................................................58
2. Deputy D. Johnson of St. Mary : .....................................................58
3. Deputy M. Tadier :...................................................................58

17. Deputy K.C. Lewis of the Minister for Education regarding the steps he was taking to minimise the impact of proposed grant reductions to States and private fee-paying schools: [1(355)]..........................................................................59

Deputy R.G. Bryans of St. Helier (The Minister for Education):..............................59

1. Deputy K.C. Lewis : .................................................................59
2. Deputy M. Tadier :...................................................................59
3. Deputy G.P. Southern : ..............................................................60
4. Deputy G.P. Southern : ..............................................................60
5. Deputy M. Tadier :...................................................................60
6. Deputy J.M. Maçon:.................................................................60
7. Deputy K.C. Lewis : .................................................................61

4. Questions to Ministers without notice - The Minister for Environment...............61

1. Deputy G.P. Southern :..................................................................61 Deputy S.G. Luce of St. Martin (The Minister for Environment): ............................61
2. Deputy R. Labey of St. Helier:..........................................................61

4.2.1 Deputy R. Labey : ......................................................................62

3. Deputy J.A. Hilton:.....................................................................62
4. The Deputy of Grouville :...............................................................62
5. Senator S.C. Ferguson:.................................................................63
6. Deputy S.Y. Mézec :....................................................................63
7. Deputy S.M. Wickenden:...............................................................64
8. Deputy M. Tadier :......................................................................64
9. Connétable J.E. Le Maistre of Grouville :...............................................64
10. The Connétable of St. Mary:............................................................65
11. Deputy G.J. Truscott of St. Brelade : ....................................................65

5. Questions to Ministers without notice - The Chief Minister............................65

1. Deputy J.A. Hilton:.....................................................................65 Senator I.J. Gorst (The Chief Minister):......................................................65
2. Deputy R. Labey : ......................................................................66
3. Deputy S.Y. Mézec :....................................................................66

4. Deputy M. Tadier :......................................................................66
5. Deputy J.M. Maçon:....................................................................67
6. Deputy M.R.Higgins:..................................................................67
7. Deputy J.A.N. Le Fondré of St. Lawrence : .............................................67
8. Deputy J.A. Martin of St. Helier:.......................................................68
9. Deputy G.P. Southern :..................................................................68
10. Senator P.F.C. Ozouf :..................................................................68
11. Deputy J.A.N. Le Fondré:..............................................................69
12. Deputy G.P. Southern :..................................................................69

PUBLIC BUSINESS.............................................................................70

6. Vote of No Confidence: Chief Minister (P.55/2017)....................................70

6.1 Connétable C.H. Taylor of St. John : ....................................................70

LUNCHEON ADJOURNMENT PROPOSED..................................................73 LUNCHEON ADJOURNMENT................................................................73

1. Senator I.J. Gorst :......................................................................73
2. Deputy P.D. McLinton: ................................................................76
3. Deputy M. Tadier :......................................................................77
4. Deputy G.P. Southern :..................................................................79
5. Senator S.C. Ferguson:.................................................................82
6. The Connétable of St. Helier:...........................................................84
7. Connétable M.P.S. Le Troquer of St. Martin:...........................................86
8. Deputy J.A. Martin:....................................................................88
9. Deputy S.M. Brée of St. Clement:......................................................90
10. Deputy R.G.Bryans:................................................................92
11. Deputy J.M. Maçon:.................................................................95
12. Senator P.F. Routier:................................................................97
13. Deputy M.J. Norton of St. Brelade : ..................................................99
14. Senator A.J.H. Maclean:.............................................................99
15. Deputy M.R.Higgins:..............................................................102
16. Deputy S.Y. Mézec :................................................................107
17. Deputy R. Labey :..................................................................113
18. The Connétable of St. Mary : .......................................................114
19. Deputy T.A. Vallois of St. John : ...................................................117
20. The Deputy of St. Martin : ..........................................................120
21. Deputy J.A.N. Le Fondré: ..........................................................124
22. Senator A.K.F. Green:..............................................................128
23. Senator P.F.C. Ozouf : ..............................................................131
24. Senator I.J. Gorst : ..................................................................133
25. The Connétable of St. John : ........................................................135 Senator I.J. Gorst :...........................................................................137

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

[9:30]

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

1. The Bailiff :

I would like to give notice to Members and to the public that the Book of Condolence, which was opened following the terrorist attack in London some 10 days ago, remains open for signature by anyone who would like to express their sympathy to the relatives and friends of those who died. The book is in the atrium of the Royal Court building and will be there until close of business tomorrow evening, 21st June. That attack, of course, was the second terrorist attack in as many weeks, following as it did on the Manchester bombing. Since then there has been the third terrorist attack in Finsbury Park, and although not linked to terrorism the dreadful loss of life and injury sustained in the Grenfell Tower fire. So in our Island community we can empathise with these 3 different blows which the nation has suffered and we come together to share that grief and, in our small way, to make our contribution standing firm against terrorism, standing firm for an open and non-discriminatory society, and working together towards the achievement of the good administration to which citizens are entitled.

Connétable L. Norman of St. Clement :

Before we continue may I, on behalf of Members of this Assembly offer our sincerest congratulations on the recently announced award of a knighthood? [Approbation] It is a double pleasure for me to say these few words as you are a St. Clementais, having been born in God's own Parish, although now for reasons known only to you, you reside in the dark Parish. [Laughter] This knighthood is an honour for you personally which is richly deserved following your years of public service. But also a recognition of the high esteem in which the ancient and honourable office of Bailiff is regarded. On behalf of us all, congratulations, Sir William. [Approbation]

The Bailiff :

Thank you very much, Connétable . I am certainly not going to get into the Parish debate which is something where angels would fear to go and I do not claim to be an angel. It is wonderful for me personally, and for my wife and family, to be honoured. But there are 2 things to add to that: the first, as you say, is that the honour has been bestowed on the Bailiff of Jersey and that signifies the regard which Her Majesty has for the whole Island and it is genuinely an honour in which we all share. The second thing I just wanted to say was that I do not think I, or any of my predecessors, have gone into this job seeking recognition of any kind. The truth is that it is an enormous honour and privilege to serve this Island and to serve this Assembly and in court, of course, as well. Thank you very much. [Approbation]

QUESTIONS

2. Written Questions

1. DEPUTY S.Y. MÉZEC OF ST. HELIER OF THE MINISTER FOR ECONOMIC DEVELOPMENT, TOURISM, SPORT AND CULTURE REGARDINGTHEJERSEY AIRCRAFT REGISTRY: [1(339)]

Question

Following the disclosure in answer to written question 1(152) that two aircraft were enrolled on Jersey's aircraft registry, and the answers to oral question 1(202) on 28th March 2017 on this matter, what progress, if any, has been made in expanding and improving the registry?

Answer

In late 2016 it was agreed that no further expenditure of public money, beyond maintaining its basic operation and insurance, should be made on the current operating model for the Jersey Aircraft Registry (JAR). This was intended to allow government to find a solution to the underperformance of the JAR by July 2017 without incurring significant additional costs.

Our stated intention is to redevelop the JAR into a fully modernised and effective registry. The aim is to seek external investment to rebrand and promote the JAR while making the necessary amendments to Jersey's legislation to allow JAR to be more flexible and attractive to a global market.

I cannot comment on the current state of negotiations in that regard, as a degree of confidentiality is required during discussions.

2. DEPUTY S.Y. MÉZEC OF ST. HELIER OF THE CHIEF MINISTER REGARDING THE SUB-COMMITTEE TASKED WITH EXAMINING OPTIONSFORHIGHER EDUCATION FUNDING: [1(340)]

Question

Will the Chief Minister list all of the occasions on which the ministerial sub-committee set up to examine options for higher education funding has met; and will he further state exactly when this group's terms of reference were finalised?

Answer

The sub-group has formally met on two occasions, the first meeting was 10 January 2017 and the second 16 May 2017.

Between these dates, and subsequently, there have been informal meetings and discussions between Ministers and officers. Officials are also meeting to work out the financial implications of various options.

The terms of reference were discussed at the first meeting and formally approved at the second meeting.

The Higher Education and Student Financing Sub-Committee: Terms of Reference were published on 13 June 2017:-

http://www.statesassembly.gov.je/AssemblyReports/2017/R.68-2017.pdf The sub-committee will publish a progress report in July 2017.

3. DEPUTY G.P. SOUTHERN OF ST. HELIER OF THE MINISTER FOR HEALTH AND SOCIAL SERVICES REGARDING THE RECRUITMENT AND PAY CONDITIONS OF NURSES: [1(341)]

Question

In relation to nurses and midwives, will the Minister inform members of –

1. the current vacancy rate for nurses and midwives inthepublicsector,and,if it has changed from the previous figure reported to the States of 12%, will he explain the change;
2. a breakdown of the distribution of nursing positions ingrades 1 to 8 along with the vacancy rate in each grade;
3. whether any consideration has been given to the use of recruitment and retention bonuses and, if such bonuses are paid, what these are;
4. what different rates are on offer in the 4-year pay offer to nurses across grades 1 to 8 (Bto J inthe new pay bands),andstatewherethetargetrateoffered for eachgradeisestimatedto be higher or lower in real terms by the end of the period;
5. what the package on offer  to  nurses (including  basic  hourly rates,  unsocial  hours and overtime rates) will mean for average annual earnings of the nursing workforce by 2020; and
6. what strategy, given the pay offer for 2017-2020, he has for dealing with any high nursing vacancy rates in the short to medium term?

Answer

1. The current vacancy factor for registered nurses and registered midwives in the public sector (HSSD) is 6%. The figure reported previously in answer to written question (256)of2ndMay 2017 related only to qualified nurses in the Hospital.
2. The breakdown of the distribution of registered nurse and midwife positions is as follows along with the vacancy rate, as a percentage, for each grade. (Grades 1-3 are excluded as they are Healthcare Assistant and Support Worker grades.)

100. Nurses benefit from a more flexible and generous application of the States relocation policy.
101. and e) These matters are still subject to negotiation betweentheStates Employment Boardand the trade unions and professional bodies so it would not be appropriate to comment at the current time.

f)  This will be defined once the outcome of Workforce Modernisation is known.

The Department has always been proactive in its recruitment activities, notwithstanding the fact that certain types of staff, such as theatre nurses, are always difficult to recruit, reflecting a national shortage of qualified applicants for these posts.

Recent initiatives to deal with nurse vacancies include the launch of Care Rediscovered', a six- month campaign using social media and the Internet, which has created a brand identity intended to help attract nurses to come and work in Jersey. All nursing, midwifery and operating department practitioner vacancies are promoted through the site, which has had almost 18,000 unique visitors since it became operational in mid-May.

Through Care Rediscovered', 13 candidates are attending interviews during June. A recent open day in the UK yielded nine potential recruits, and we have a further six candidates from a recent initiative in Lisbon.

We continue to proactively offer Islanders the opportunity to enter a career in nursing or midwifery through the partnership HSSD has with the University of Chester. There are currently 36 Jersey- based students undergoing this training who are in different stages of their pre-registration nursing degree programme. We have also recently agreed with the University to increase the number of places available for the next year group, and in May held open events where potential applicants could learn more about the programme and meet the lecturers.

The students currently in training will qualify as Registered  Adult Nurses, Registered Mental Health Nurses, Registered Children's Nurses or Registered Midwives.

We also have two former nurses currently completing the Return to Practice Programme who will be able to work as Registered Nurses later in 2017.

4. DEPUTY J.A.N. LE FONDRÉ OF ST. LAWRENCE OF THE CHIEF MINISTER REGARDING STATES OF JERSEY EMPLOYEES WHO HAVE TAKEN EITHER REDUNDANCY OR EARLY RETIREMENT: [1(342)]

Question

Will the Chief Minister advise whether, since 1st January 2012, there have been any instances whereby –

1. someone has received compensation for redundancy from the Statesof Jersey and has subsequently received any formof remuneration orpaymentfromtheStatesofJersey for subsequent services supplied to the States ofJerseyor any oneof its underlying entities (such as Statesof Jersey Development Company, Andium Homes, Ports of Jersey, Jersey Sport, Visit Jersey); or
2. has taken early retirement from the States of Jersey and has subsequently received anyform of remuneration or payment from the States of Jersey for subsequent services supplied to the States of Jersey or any one of those underlying entities?

If so, will the Chief Minister detail for both categories (separately), by year, the number of personnel that this applies to, the total amount of redundancy received (by year for (a) only) and the total amount of remuneration / payment subsequently received?

Answer

Staff who leave the organisation through redundancy are offered professional support to help them find alternative employment in the private sector or to set up their own company. In the case of outsourcing we require companies that have successfully tendered for the work to provide all affected employees the opportunity to transfer or be considered for jobs with the new provider.

We do not prevent any ex-employee, or employer of an ex-employee, from competing for work advertised through open tender. We do not track individuals once they have left our employment so are unable to provide any data on ex-employees who may now be supplying services to the States of Jersey, other than those who have been re-employed on a direct contract of employment.

The States of Jersey are not party to employment arrangements between other entities that the States may have an interest in. This information remains confidential between the employer and the employee.

Any direct re-employment of people who have received redundancy payments from the States of Jersey is governed by the 'Re-employment guidelines', effective since the 20th June 2016. Before

this  date  re-employment  was  governed  by  the  terms  of  individual  agreements.  The  current guidelines  say  that  employees  who  have  been  made  compulsorily  redundant  can  seek  re- employment after 6 months and 1 day. Those who have taken Voluntary Release, (which includes voluntary redundancy, voluntary severance and voluntary early retirement) cannot be re-employed for  2  years or  until their  payback  period has expired,  whichever  is the  longer.   Recruitment applications are monitored to ensure these terms are adhered to.

Since January 2012 seven employees have received a redundancy payment from the States of Jersey and have been re-employed in some capacity at a later date.

The following table provides the details. In all of these instances the re-employment guidelines in place at the time were adhered to.

(*re-employed on zero hours contract)

No employee who has left through the voluntary early retirement scheme since January 2012 is currently in direct employment with the States of Jersey.

5. DEPUTY G.P. SOUTHERN OF ST. HELIER OF THE MINISTER FOR SOCIAL SECURITY REGARDING THE £10 MILLION DEPARTMENTAL UNDERSPEND RECORDED IN STATES OF JERSEY FINANCIAL REPORT AND ACCOUNTS 2016' (R.65/2017): [1(343)]

Question

Will the Minister give a detailed breakdown of the £10 million departmental underspend recorded in States of Jersey Financial Report and Accounts 2016' (R.65/2017) and state what consideration, if any, was given to the possibility of redirecting this underspend within the Department to alleviate

any hardship caused to target groups living on low income due to the decision to reduce the benefits budget by £10 million?

Answer

A detailed breakdown of the departmental underspend will be provided in the Annex to the States Accounts which the Treasury will publish in due course. The use of any underspends is considered through the carry-forward process, administered by the Treasury. As part of the 2016 process some of the Department's underspend was used to restore transfers to the Long-term Care Fund to planned levels to help support the payment of this benefit. The remainder of the underspend went through the same prioritisation process as other underspends in the States.

It is not possible to use the underspend generated in one year to support a benefit cost that will be repeated in future years. Benefits are provided under a range of benefit laws and claimants have a legal right to the benefit that they receive. The Department's budget has to be sufficient to cover the costs of all statutory benefits from year to year. Increasing benefits in one year in response to a short term underspend is very likely to lead to budgetary problems in a future year when no underspend is available. As such, underspends are not used to fund benefit costs but rather, are used to support high priority one off projects that could otherwise not be undertaken.

The changes approved by the States Assembly to benefit rules at the start of the MTFP were carefully chosen to:

• Promote financial independence
• Target benefits appropriately; and
• Minimise the impact on individuals.

Within the existing MTFP cash limit, proposals have been put forward for an increase in component rates of 2.9%, fully reflecting the recent increase in the RPI and improvements in the level of income disregard from 23% to 25% so that households can retain more of their earned income. The component rates will be debated in July 2017 for implementation from 1 October. The cost of all these improvements, £3.9 million a year for this overall package, has already been allowed for in the departmental base budget.

The Department continues to make good progress in reducing the number of people registered as actively seeking work and the total number of households that require Income Support. As the economy is improving, more people are moving into work and reducing their reliance on benefits. In addition to existing programmes, this year the Department is also developing a new initiative to provide additional targeted support to Income Support households to help them move towards financial independence.

6. DEPUTY M. TADIER OF ST. BRELADE OF THE MINISTER FOR ECONOMIC DEVELOPMENT, TOURISM, SPORT AND CULTURE REGARDING

IMPLEMENTATION OF THE REPORT ENTITLED REDISCOVERING FORT REGENT – A VISION FOR THE FUTURE': [1(344)]

Question

What progress, if any, has been made with implementing the report entitled Rediscovering Fort Regent – A Vision for the Future', published on 12th September 2014?

In particular, are there still plans to build two lifts from Snow Hill and, if so, when will this take place and what is the estimated cost?

Answer

The regeneration of Fort Regent is a political priority and a new Steering Group has been formed under the chairmanship of Connétable Steve Pallett, Assistant Minister with responsibility for Sport.

Rediscovering Fort Regent' as the title suggests was a visioning exercise that would have placed significant reliance upon substantial amounts of public funding, to make it deliverable.

A phased approach to delivering the proposals was included in the draft capital programme considered by the Council of Ministers as part of the funding for this Medium Term Financial Planning cycle, but was not prioritised.

The Steering Group is making excellent progress following a different route towards securing the future of the Fort that involves undertaking an Expression of Interest' exercise to assess interest amongst potential Private Investors, who may then be invited to prepare proposals as part of a formal Tender exercise.

Components of the Rediscovering Fort Regent' vision may re-emerge from potential Investors as part of the proposed Tender exercise.

Access to the Fort as a whole will form an integral part of the Tender exercise, therefore there are no current plans to build lifts from Snow Hill.

7. DEPUTY G.P. SOUTHERN OF ST. HELIER OF THE MINISTER FOR HOUSING REGARDING THE PROPORTION OF TENANTS OF ANDIUM HOMES'S AFFORDABLE' RENTAL PROPERTIES WHO ARE IN HOUSING POVERTY': [1(345)]

Question

Will the Minister inform members what proportion of tenants of Andium's affordable' rental properties are in housing poverty' (that is, paying over 30 per cent of total household income for housing, whether through Income Support or other sources)?

Answer

The Housing Affordability Report for 2015 provides a breakdown of the number of households in Jersey, which are in the lower 40% of the household equivalised income distribution, who are paying more than 30 per cent of their gross income on rental payments, i.e. are classified as being in rental stress. The report shows that 45 per cent of social rented tenants (Andium Homes and the housing trusts) were classified as living in rental stress in 2015.

However, this figure does not indicate that these households are living in poverty. Many households will receive Income Support and the housing component of the benefit provides financial assistance towards the reasonable costs of renting a social housing property. Income Support will recognise the full rent charged for a social housing property, providing that the household is occupying a property appropriate to its need.

In these circumstances, the proportion of household income that goes towards the rent is not an indicator of poverty because the disposable income of the household is independent of the cost of rent.

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

8. DEPUTY G.P. SOUTHERN OF ST. HELIER OF THE CHIEF MINISTER REGARDING THE IMPACT OF THE POLICY OF BELOW INFLATION PUBLIC SECTOR PAY AWARDS: [1(346)]

Question

What research, if any, has the Chief Minister undertaken to assess the impact of the policy of below inflation public sector pay awards on attempts to grow the economy?

Will he advise whether this policy has resulted in effectively a 16 per cent reduction in public sector pay over the last decade and whether this amounts to a loss of some £50 million annually from circulating in the local economy and, if that is not the case, will he advise what figures he does have for the impact of such wage restraint?

Answer

The movement in public sector pay awards over a 10 year period ending 2016 (including the 2015/2016 pay award) varies between 18.9% to 24.2% dependant on the public sector pay group. In comparison, the relative movement in the appropriate Jersey Retail Price s Index figure is 28.1%.

The Fiscal Policy Panel (FPP) recommends that fiscal measures to stimulate the economy should be judged against the three Ts – i.e. that they are considered timely, targeted and temporary. On this basis, the fiscal stimulus programme was approved by the States Assembly in 2009, as it was considered to be the most effective way to support the economy during the downturn. An alternative approach of using this or other funding for increased pay awards would not have met the three Ts and may have had limited impact in stimulating the economy.

The FPP also advise us that the right economic approach in the medium-term is to continue to focus on balancing the budget when the economy is at capacity. In addition our longer-term strategy for growing the economy is to improve the underlying rate of productivity growth. The current Medium Term Financial Plan tries to achieve this through continued support for skills, enterprise, innovation and competition and providing additional investment in infrastructure, education and health. Additional funding was also allocated for other policies to support productivity through the creation of the Economic and Productivity Growth Drawdown Provision (EPGDP). This approach is intended to grow our economy and ensure that we continue to have healthy public finances and high quality public services.

9. SENATOR S.C. FERGUSON OF THE CHIEF MINISTER REGARDING PROCEDURES IN PLACE FOR RESPONDING TO FREEDOM OF INFORMATION REQUESTS: [1(347)]

Question

Will the Chief Minister advise –

1. what procedures are used for replying to Freedom of Information requests, particularly in relation to the reviews of answers undertaken by senior staff and to any controls in place regarding access by staff to requests;
2. what definitions are used to identify which details, if any, should be redacted from an answer; and
3. by whom, if anyone, any such redactions are reviewed?

Answer

(a) Each department has its own procedure for dealing with requests but the basic procedure is that:

1. request is received centrally and checked that it is valid and complete
2. sent to relevant department for information to be collated and response drafted
3. signed off by department. Responses can only be signed off by an assigned senior staff member
4. response is sent to Central FoI Unit (CFU) where it is reviewed and checked for appropriate application of exemptions (if used)

A Freedom of Information – Guidance for Departments document is available to all staff on the MyStates intranet and all departmental procedures comply with this.

The Freedom of Information contact in each department will, necessarily have to ask colleagues who have responsibility for information relevant to a request to provide it, however, the details of the request, including the identity of the requester are not disclosed beyond the restrictions of departmental data sharing agreements.

The guidance for departments is explicit: A cornerstone of the FOI law is that each request and applicant is treated equally and departments should be treating the request as applicant, and motive blind. Only by doing this can we ensure that there is no bias or special treatment of a request.

The CFU will only release the name of the requester when asked. However, this information is to be used in accordance with the fair processing statement.'

(b & c) Redactions are made using the appropriate exemptions. These redactions are then

checked by at least one other member of staff to ensure that they have been correctly applied and are then seen by the senior member of staff authorising the response. A final check is then done by the Central Freedom of Information Unit.

Any requester who feels that an exemption has been incorrectly applied can seek an internal review and, if they remain unsatisfied, seek an independent appeal from the Office of the Information Commissioner.

10. SENATOR S.C. FERGUSON OF THE MINISTER FOR TREASURY AND RESOURCES REGARDING THE EXTERNAL REVIEW OF THE PERSONAL INCOME TAX FORECASTING MODEL: [1(348)]

Question

Given that, in Revised Forecast of States Income for March 2017' (R.66/2017), it is stated that "IFG have also given consideration to the proposals from the external review of the personal income tax forecasting model" and the references to the adoption of "outcomes from the external review of the forecasting model, which propose adjustments to employment income and pension income assumptions", will the Minister advise –

1. what the details are of the changes made to the forecast, if any, due exclusively to the "external review";
2. what the split is between corporate and income tax in the forecast;
3. when the report arising from the review was received by his Department;
4. what the cost of the review was; and
5. whether this is the total work undertaken on the forecasting model?

Answer

Most of the answers to the Senator's questions can be found in R.66/2017 (re-issue) presented to the States on 9th June 2017 by the Minister for Treasury and Resources:

• The details to the changes to the forecast and the split between corporate and personal tax are covered on page 24 figure 8 (and there is more detail on page 44).
• The two Oxera reports are included in Appendix E and F and were finalised on 25 April 2017.
• The cost of the review was £26,000.
• The two reports from Oxera cover the total work undertaken to date. However, as explained on page 45 of R.66/2017 the Economics Unit and Oxera consider that it could be worthwhile exploring a more bottom-up' approach to forecasting using more detailed information now available from Taxes Office. The Economics Unit will therefore scope out a second stage to the Model Review and agree terms of reference and timescales with the

IFG.

11. DEPUTY M.R. HIGGINS OF ST. HELIER OF THE CHIEF MINISTER REGARDING HIS ROLE IN THE DECISION TO WITHDRAW FUTURE HOSPITAL FUNDING STRATEGY' (P.130/2016): [1(349)]

Question

Further to his answers to written question 1(313) and oral question 1(328) on 6th June 2017, will the Chief Minister clarify his role in the decision of the Minister for Treasury and Resources to withdraw Future Hospital Funding Strategy' (P.130/2016) and, in particular, will he advise whether or not he was advised by the Minister that the Minister wished to carry on with the debate and the funding proposal as it stood; and whether or not he informed the Minister that he would not support the proposition if it were not withdrawn?

Answer

The Treasury and Resources Minister has formal responsibility for funding the hospital project, but he acts with Ministers, in particular with the Chief Minister.

In the lead up to the withdrawal of Future Hospital Funding Strategy' (P.130/2016), the Chief Minister was invited to a meeting called by the Treasury Minister on Monday 22nd May, 2017, to discuss the funding strategy and forthcoming debate, where the Treasury and Resources Minister opened the discussion by stating that he wished to carry on with the debate, while recognising that further discussions with Ministers was appropriate.

In discussing this, the Treasury and Resources Minister, the Chief Minister and other Ministers, noted that a new approach to borrowing the hospital had been presented the previous Friday 19th May.

The findings of the Chartered Institute of Public Finance and Accountancy, as commissioned by the Corporate Services Scrutiny Panel, was also discussed. This report recognised the merits of combining borrowing with some reserves, but suggested that we should wait until the project costs and risks become clearer before deciding on the final funding blend.

In considering all this, some Ministers felt a delay to the debate would be beneficial because bringing the funding strategy together with updated budget and outline business case as a package would deliver a better outcome; and others wished to proceed with the debate. This is the nature of decision-making, where Ministers frankly and freely discuss what the best course is.

During this, the Chief Minister was not in a position where he would not support the proposition if it continued, but did believe, for the above reasons, that withdrawal was the best course.

The Treasury and Resources Minister agreed to withdraw the proposition, understanding the positions outlined.

12. DEPUTY M.R. HIGGINS OF ST. HELIER OF THE MINISTER FOR EXTERNAL RELATIONS REGARDING MEETINGS HE HAS HELD IN RELATION TO THE BRITISH DECISION TO LEAVE THE EUROPEAN UNION: [1(350)]

Question

Will the Minister list all the meetings that he has personally had with officials and / or politicians representing Her Majesty's U.K. Government or the European Union (including with representatives of individual countries and / or officials of the European Commission) relating to the British decision to leave the European Union and Jersey's relationship and standing with these bodies, with the list to include the names and positions of those at the meetings, the dates of such meetings and their purpose?

Furthermore, will the Minister agree to publish such information on a regular basis going forward until Brexit is achieved; and, if not, will he explain why not?

Answer

Meetings at which Brexit has been discussed have almost always covered other issues as well as Brexit. These include:

• Bilateral relations with the country concerned, including the communities from that country resident in Jersey
• Explaining Jersey's constitutional position, our role as a source of investment, and our track record on tax co-operation, anti-money laundering and countering terrorist financing.

The comment column below includes any additional specific purpose of the meeting not covered by the above.

I am currently investigating the steps necessary to publish my engagement diary, in advance, on a periodic basis. This could be available on the Government of Jersey website. The published diary would include scheduled engagements but would not include details of personal meetings, internal departmental meetings, non-Ministerial business, or those engagements that are confidential or sensitive in nature.

Meetings attended by the Minister for External Relations at which the British decision to leave the European Union was amongst the topics discussed are listed below:

13. DEPUTY  M.R. HIGGINS  OF  ST.  HELIER  OF THE  CHIEF  MINISTER REGARDING DATA COLLECTION IN RELATION TO LICENCE APPLICATIONS UNDER CONTROL OF HOUSING AND WORK LEGISLATION: [1(351)]

Question

Further to his answer to written question 1(317) on 6th June 2017, will the Chief Minister undertake to improve data collection in relation to licence applications under Control of Housing and Work legislation to ensure the type of data sought (i.e. the nature of the jobs for which licences are sought) in question 1(317) is collected as a matter of course; and, if not, why not?

Answer

It is possible to categorise permissions applied for and granted by occupation, albeit at some additional burden on businesses when applying, and staff when recording applications. However, this would not provide information on changes in the composition of the workforce by occupation driven by net migration, which is what written question 1(317) on 6th June 2017 appeared to be asking.

This is because analysing applications by occupation does not tell you other information that would be needed to understand changes in the composition of our workforce, including through migration, for example, when new migrants arrive who are married or in civil partnerships with entitled people and do not need permission to work; or when businesses use existing permissions that have been freed up as existing workers obtain their five years residence; or where newer migrants undertake training within a business to take on a new role and occupation within the business.

As such, the only way to understand changes in the composition of the workforce by occupation, including through migration, outside of the census, is to require all our 7,000 island businesses to report all their nearly 60,000 employees by occupation, or a new business survey for businesses to complete.

In considering either approach, the "Code of Practise for Official Statistics in Jersey" (R.63/2015) is instructive, with one of the eight principles for the production of statistics being "proportionate burden", which seems a reasonable matter to consider when assessing whether additional information should be collected by government.

Indeed, this issue could be looked at from a different and arguably more practical perspective, which is that it more important to know where the skills gaps are, and what future demand for skills is likely to be, and where we should support migration as a consequence. This work is being done as part of the skills strategy, and in determining whether to grant applications to businesses for newer migrants.

14. DEPUTY M.R. HIGGINS OF ST. HELIER OF THE CHIEF MINISTER REGARDING THE ACTION PRESCRIBED IN CIRCUMSTANCES WHERE A MINISTER OR OFFICIAL BECOMES AWARE OF ALLEGED CRIMINALITY BUT FAILS TO REPORT IT: [1(352)]

Question

Will the Chief Minister advise what action is prescribed in circumstances where a Minister or official becomes aware of alleged criminality regarding the States of Jersey and other public officials and does not report it to the police, the Chief Minister and the Chief Executive?

Answer

There is no general legal obligation for anyone who knows about a crime to report it to the police.

Where there is alleged criminality and a member of the public who is a witness or victim of that alleged criminality wants the conduct to be investigated, that person should report the matter to the police at the earliest opportunity.

The Code of Conduct published by the States of Jersey Human Resources Department positively encourages employees to raise any concerns about fraud, corruption or malpractice associated with States activities. The Code recognises that it might be difficult to report suspicions about a colleague, but states that it is incumbent on all staff to report concerns without delay. The Code provides that no one will be penalised for making an allegation that is subsequently proved to be groundless where the allegation has been made in good faith. Any concerns raised with a designated person are confidential.

The Code of Conduct and Practice for Ministers and Assistant Ministers expects that the highest standards of propriety will be upheld through observance of the seven principles of public life, which include integrity, accountability and honesty.

Ministers are also required to comply at all times with the Code of Conduct for Elected Members that is published as Schedule 3 to the Standing Orders of the States of Jersey. This Code requires all elected members to take decisions solely in the interests of the public and states that holders of public office are accountable for their decisions and actions to the public and must submit themselves to whatever scrutiny is appropriate to their office.

Ministers and public officials should encourage witnesses and victims to report alleged crimes to the police, which could then help prevent further crimes being committed and protect others from becoming victims. For people who wish to remain anonymous, Jersey Crimestoppers provides an alternative and secure means to provide such information to the police.

15. DEPUTY M.R. HIGGINS OF ST. HELIER OF H.M. ATTORNEY GENERAL REGARDING THE LEGISLATIVE BASIS FOR THE ROLES AND DUTIES OF THE LAW OFFICERS: [1(353)]

Question

Further to his answer to written question 1(311) on 6th June 2017, will H.M. Attorney General advise what other legislation, if any beyond the 1930 and 1965 Laws cited in that answer, relate to the roles and duties of himself and H.M. Solicitor General?

Answer

In his answer to written question 311, to which the Deputy refers, the Attorney General explained the roles and duties of both himself and the Solicitor General with respect to Ministers, Members and the Assembly, the legal basis for those duties and how any conflicts are managed.

The Attorney General and Solicitor General have various statutory functions in addition to those which are non-statutory.

In respect of statutory functions, the Attorney General and the Solicitor General have roles and duties under many statutes. Twenty examples are:

1. Advocates and Solicitors (Jersey) Law 1997;
2. Bankruptcy (Désastre) (Jersey) Law 1990;
3. Charities (Jersey) Law 2014;
4. Civil Asset Recovery (International Co-operation) (Jersey) Law 2007;
5. Companies (Jersey) Law 1991;
6. Connétable s (Jersey) Law 2008;
7. Customs and Excise (Jersey) Law 1999;
8. Corruption (Jersey) Law 2006;
9. Education (Jersey) Law 1999;

10. Extradition (Jersey) Law 2004;
11. Financial Services (Jersey) Law 1998;
12. Gambling (Jersey) Law 2012;
13. Misuse of Drugs (Jersey) Law 1978;
14. Postal Services (Jersey) Law 2004;
15. Probate (Jersey) Law 1998;
16. Public Finances (Jersey) Law 2005;
17. Regulation of Investigatory Powers (Jersey) Law 2005;
18. Sex Offenders (Jersey) Law 2010;
19. Terrorist Asset-Freezing (Jersey) Law 2011; and
20. Trusts (Jersey) Law 1984.

As indicated, these are only some examples.

16. DEPUTY G.P. SOUTHERN OF ST. HELIER OF THE MINISTER FOR SOCIAL SECURITY REGARDING THE CAUSES OF SOCIAL EXCLUSION IN JERSEY: [1(357)]

Question

What assessment has the Minister made of the principal causes of social exclusion in Jersey and what measures, if any, does she have under consideration to reduce the number of children living in low-income households?

Answer

Social exclusion is a complex phenomenon that has no universally-agreed definition. The UK's Social Exclusion Unit (later to become the Social Exclusion Task Force) commissioned an independent academic study into social exclusion ("The Multi-dimensional Analysis of Social Exclusion[1]") which produced the following working definition:

Social exclusion is a complex and multi-dimensional process. It involves the lack or denial of resources, rights, goods and services, and the inability to participate in the normal relationships and activities, available to the majority of people in a society, whether in economic, social, cultural or political arenas. It affects both the quality of life of individuals and the equity and cohesion of society as a whole.

Living in a low-income household should not be automatically assumed to lead to social exclusion. Jersey is a fortunate society, where citizens are not commonly denied resources, rights, or the ability to purchase goods or services. Measures of social exclusion might then be related to an inability to participate in normal relationships or activities available to the majority of people in our society.

I am committed to helping low income families move towards financial independence and the evidence shows that our work here is producing results. The economy is growing and there are more people in work than at any time in Jersey's history. The Department's policies aim to help people increase their incomes to the point that they no longer need support from the benefit system. Changes to Income Support over the last few years have helped parents look for and take up work. There are fewer children living in workless households claiming Income Support than at any time in the last 5 years as shown in the Department's annual report for 2015 and reproduced below.

From a Social Security perspective, the best way to help children from a low-income household participate  more fully in our society is doing everything we can to ensure that adults in that household  are  supported  to  work.  Not  only  does  this  increase  the  income  available  to  the household, there is strong evidence that work improves an adult's self-esteem, health and general wellbeing. As children will  be to a large extent dependant on adults to  facilitate their  social participation, what is good for adults in their household is good for children also. We acknowledge this by investing in specialist Back to Work support for parents to re-enter the workforce, and increasing help with the costs of childcare. I've also proposed general increases to the components that make up Income Support, and will further increase the percentage of income that is ignored when calculating entitlement to Income Support – for employment and for maintenance from an ex- partner. This will offer the strongest incentive yet for adults in low-income households to work and help their families towards financial independence.

However, policies that address some of the issues associated with social exclusion are broader than those which directly relate to Income Support. In Jersey, long-term investments in our children have been made possible by joined-up working across multiple departments.

Investing in education will have an early and long-lasting effect in reducing social exclusion by reducing the attainment gap between low-income children and their higher income peers. The Jersey Premium system specifically targets financial resources towards children living in low- income  households.  The evidence  from similar  schemes  in other  jurisdictions shows that this educational premium will have a positive, long-term impact on social inclusion in our Island. In addition to this the Education Department's support for free nursery education ensures that children from low-income households are able to benefit from this extra social and developmental support before they start formal schooling.

Improving  health services also  helps to break down the barriers sometimes faced by socially excluded groups. Again, investments in early years and post-natal health were included in the Medium Term Financial Plan. The States is also committed to supporting the 1001 Days project, which  supports  children  in  the  critical  development  period  from  conception  to  their  second birthday.

Refurbishing and renewing the Island's social housing stock also provides low income families with a better quality physical environment in which to bring up children who are able to participate fully in their local community.

3. Oral Questions

1. Deputy R.J. Renouf of St. Ouen of the Minister for Social Security regarding the introduction of legislation to provide greater employment protection for carers: [1(360)]

Does the Minister support the introduction of legislation to provide greater employment protection for carers, this having been identified as a priority in the recently released Jersey Carers Strategy; and, if so, will the Minister state what action she will be taking to bring forward such legislation?

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

I am pleased to have this opportunity to clarify that the Employment Law already provides specific employment rights for unpaid carers. Employees have the right to request a change of their working patterns that will enable them to provide unpaid care for another person, whether that be a relative, partner, friend or neighbour. The States approved the relevant change to the Employment Law in 2014 and it came into force in September 2015.

3.1.1 The Deputy of St. Ouen :

However, it is felt by the carers at their Carer Strategy day that the law was not working given that this was identified as a need by the carers. Therefore, will the Minister undertake to consult with representatives of unpaid carers to establish why they feel that the law change has not worked and established how their needs can be better supported?

Deputy S.J. Pinel:

Talks are already underway between J.A.C.I., the Jersey Association of Carers Incorporated, and J.A.C.S., the Jersey Advisory and Conciliation Services. They are already underway and what the Deputy is asking is already happening.

The Bailiff :

No other questions, Deputy ? The Deputy of St. Ouen : No more questions.

2. Deputy S.Y. Mézec ofSt.HelieroftheChiefMinister regarding theprospectof a Royal Commission to examine electoral reform: [1(363)]

Following the Assembly's recent rejection of proposals for electoral reform, and in light of previous suggestions that the subject be put to a Royal Commission in the absence of the Assembly being capable of finding a solution, does the Chief Minister intend to propose the establishment of such a Commission?

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

Recent history would seem to demonstrate that whatever external work is commissioned or undertaken responsibility for achieving electoral reform rests with this Assembly. Even with a Royal Commission, as with previous reports from Clothier or the Electoral Commission, change can only take place when supported by the necessary majority of Members of this Assembly.

[9:45]

I remain hopeful that Members might return to this challenge after the next election and arrive at a proposal for positive change, which a majority can support.

1. Deputy S.Y. Mézec :

What will the Chief Minister himself be doing to ensure that this genuinely becomes a prospect after the next election seeing as this is an issue that has gone on now for 20 years and we constantly say: "Well, Members will have to deal with it or we can do it after the next election or after the next one" and simply nothing has happened. What will he personally be doing to make sure that that does not happen this time?

Senator I.J. Gorst :

The Deputy knows that my officers worked with P.P.C. (Privileges and Procedures Committee) and the Greffe officers to try to arrive at consensus among Members. P.P.C. were never allowed to bring that proposition forward because a Back-Bencher brought a proposition forward based roughly on the previous referendum. Members of this Assembly agreed something slightly differently in principle, regulations were brought forward. Some Members agreed the principle of that but in Second Reading then they had second thoughts. If I return to this Assembly, I have been party to agreeing that electoral observers will come to Jersey. I have given confirmation and approval to P.P.C. to do that. I think that that report, although it has fallen on deaf ears in this Assembly, that report will say something not very positive about our electoral system, and I think that that independent observation of how we currently work will be the catalyst to change.

2. Deputy A.D. Lewis of St. Helier :

My understanding was that electoral reform was a strategic objective of Senator Gorst 's Government. Is he going to continue to ensure that it remains a strategic objective to ensure that we have the best democracy we can possibly have by pushing forward ideas and enthusiasm from the Council of Ministers? There seems to be a lack of leadership in the Council of Ministers on change. What can he do to ensure it is a key strategic objective and does he not agree that it should be?

Senator I.J. Gorst :

I think some Members of the Council of Ministers probably gave the most passionate speeches at the last States Assembly. Sadly they did not find favour with every Member. I will continue to drive for change because as difficult as it is, and I understand respecting traditions and history is important, but I fundamentally believe that our institutions remain relevant by careful reforming of them. I think that all the options on the table at the last States sittings were worthy of support because they would have delivered some incremental change. So Ministers are going to continue working in that direction. We are now up against the time from what would be an acceptable time lag between change and an election, according to the Venice Commission, therefore I do not see that we will see any change this side of the next election. But, as I say, I am confident that those independent observers will say things that mean that every single States Member elected after the next election will have no choice but to address the difficult issue of appropriate democratic processes and an appropriately democratic electoral system.