States Meeting Transcript - 30th January 2017

STATES OF JERSEY OFFICIAL REPORT MONDAY, 30th JANUARY 2017

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

1. The Deputy Bailiff :........................................................................7

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

2. Appointment of a Member who is either a Minister or Assistant Minister to the Privileges and Procedures Committee....................................................7

2.1 Connétable L. Norman of St. Clement (Chairman, Privileges and Procedures Committee): .............................................................................7

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

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

1. DEPUTY R. LABEY OF ST. HELIER OF THE CHIEF MINISTER REGARDING THE PARAMETERS OF MINISTERIAL RESPONSIBILITY AND ACCOUNTABILITY: [1(55)]...........................................................7
2. DEPUTY J.M. MAÇON OF ST. SAVIOUR OF THE CHIEF MINISTER REGARDING THE RESIGNATION OF THE ASSISTANT CHIEF MINISTER WITH RESPONSIBILITY FOR THE FINANCIAL SERVICES INDUSTRY, DIGITAL SECTOR, AND COMPETITION AND INNOVATION: [1(56)] ........................8
3. DEPUTY J.M. MAÇON OF ST. SAVIOUR OF THE MINISTER FOR INFRASTRUCTURE REGARDING THE JUNCTION OF RUE DES PRÉS AND LONGUEVILLE ROAD: [1(57)]........................................................9
4. DEPUTY J.M. MAÇON OF ST. SAVIOUR OF THE MINISTER FOR INFRASTRUCTURE REGARDING TRAFFIC-CALMING MEASURES ON LONGUEVILLE ROAD AND BAGOT ROAD: [1(58)]................................9
5. DEPUTY M. TADIER OF ST. BRELADE OF THE MINISTER FOR EDUCATION REGARDING THE TURNOVER OF STAFF AT NON-PRIVATE PRIMARY SCHOOLS: [1(59)] ......................................................................9
6. THE CONNÉTABLE OF ST MARY OF H.M. ATTORNEY GENERAL REGARDING THE LEGAL STATUS OF LONG-TERM CARE CONTRIBUTIONS: [1(60)]........12
7. THE DEPUTY OF ST. JOHN OF THE MINISTER FOR EDUCATION REGARDING THE FUNDING OF NURSERY EDUCATION: [1(62)]...............................13
8. THE DEPUTY OF ST. JOHN OF THE MINISTER FOR SOCIAL SECURITY REGARDING THE LONG-TERM CARE SCHEME: [1(63)]..........................14
9. DEPUTY S.Y. MÉZEC OF ST. HELIER OF THE CHIEF MINISTER REGARDING APPOINTMENTS UNDERTAKEN BY THE ASSISTANT CHIEF MINISTER WITH REPONSIBILITY FOR THE FINANCIAL SERVICES INDUSTRY, DIGITAL SECTOR, COMPETITION AND INNOVATION: [1(64)].............................14

10. DEPUTY S.Y. MÉZEC OF ST. HELIER OF THE MINISTER FOR ECONOMIC DEVELOPMENT, TOURISM, SPORT AND CULTURE REGARDING LEGISLATIVE MEASURES TAKEN TO PROMOTE ECONOMIC GROWTH: [1(65)]..................................................................................15
11. DEPUTY S.Y. MÉZEC OF ST. HELIER OF THE MINISTER FOR HEALTH AND SOCIAL SERVICES REGARDING MEASURES TAKEN TO ALLEVIATE THE BURDEN ON ACCIDENT AND EMERGENCY SERVICES: [1(66)]................16
12. DEPUTY S.Y. MÉZEC OF ST. HELIER OF THE CHIEF MINISTER REGARDING LOANS FORM THE JERSEY INNOVATION FUND APPROVED BY THE MINISTER FOR ECONOMIC DEVELOPMENT, TOURISM, SPORT AND CULTURE: [1(67)] ....................................................................16
13. DEPUTY S.Y. MÉZEC OF ST. HELIER OF THE CHIEF MINISTER REGARDING THE STATUS OF BUSINESSES WHICH HAD APPLICATIONS FOR LOANS FROM THE JERSEY INNOVATION FUND REFUSED: [1(68)].....................17
14. DEPUTY G.P. SOUTHERN OF ST. HELIER OF THE CHIEF MINISTER REGARDING MINISTERIAL APPROVAL OF LOANS FROM THE JERSEY INNOVATION FUND: [1(69)]........................................................17
15. DEPUTY G.P. SOUTHERN OF ST. HELIER OF THE CHIEF MINISTER REGARDING MINISTERIAL RESPONSIBILITY FOR THE FINANCIAL SERVICES INDUSTRY, DIGITAL SECTOR, AND COMPETITION AND INNOVATION: [1(70)] 19
16. DEPUTY M.R. HIGGINS OF ST. HELIER OF H.M. ATTORNEY GENERAL REGARDING THE STRUCTURE AND WORKING PRACTICES OF THE LAW OFFICERS' DEPARTMENT: [1(71)]..................................................19
17. DEPUTY M.R. HIGGINS OF ST. HELIER OF THE CHIEF MINISTER REGARDING MEETINGS HELD IN RELATION TO THE CONTRACT WITH MR. ALWITRY: [1(72)]..................................................................................21
18. DEPUTY M.R. HIGGINS OF ST. HELIER OF THE CHIEF MINISTER REGARDING THE INVOLVEMENT OF CONSULTANTS IN THE PROCESS TO TERMINATE THE CONTRACT WITH MR. ALWITRY: [1(73)]....................................21
19. DEPUTY M.R. HIGGINS OF ST. HELIER OF THE CHIEF MINISTER REGARDING THE TERMS OF REFERENCE FOR REPORTS COMMISSIONED INTO THE TERMINATION OF MR. ALWITRY'S CONTRACT OF EMPLOYMENT: [1(74)]..22
20. DEPUTY M.R. HIGGINS OF ST. HELIER OF THE MINISTER FOR HEALTH AND SOCIAL SERVICES REGARDING THE JOB ADVERTISEMENT AND CONTRACTUAL DOCUMENTS PROVIDED TO MR. ALWITRY: [1(75)] .........22
21. DEPUTY R. LABEY OF ST. HELIER OF THE CHIEF MINISTER REGARDING ACCOUNTABILITY FOR THE LOAN PROVIDED FROM THE JERSEY INNOVATION FUND IN RESPECT OF THE LOGFILLER APPLICATION: [1(76)]31

4. Oral Questions...........................................................................32

1. Senator S.C. Ferguson of the Minister for Treasury and Resources regarding the States' fuel contract: [1(83)] ............................................................32

Senator A.J.H. Maclean (The Minister for Treasury and Resources):.........................32

1. Senator S.C. Ferguson:.................................................................32
2. Senator S.C. Ferguson:.................................................................33

2. Deputy K.C. Lewis of St. Saviour of the Minister for Environment regarding the penalties for people found guilty of fly tipping: [1(78)]................................33

Deputy S.G. Luce of St. Martin (The Minister for Environment): ............................33

1. Deputy K.C. Lewis :....................................................................33
2. Deputy G.P. Southern of St. Helier:....................................................33
3. Deputy D. Johnson of St. Mary:........................................................34
4. Deputy J.M. Maçon of St. Saviour:.....................................................34
5. Deputy A.D. Lewis of St. Helier:.......................................................34

6. Deputy A.D. Lewis :....................................................................34
7. Deputy K.C. Lewis :....................................................................35

3. Deputy M. Tadier of the Minister for Social Security regarding the housing component of Income Support: [1(88)] .................................................35

Deputy S.J. Pinel of St. Saviour (The Minister for Social Security):..........................35

1. Deputy M. Tadier :......................................................................35
2. Deputy G.P. Southern :..................................................................36
3. Deputy G.P. Southern :..................................................................36
4. Deputy M. Tadier :......................................................................37

4. Deputy G.P. Southern of the Minister for Education regarding negotiations with teachers' representatives in relation to teachers' pay scales: [1(86)]..................37

Deputy R.G. Bryans of St. Helier (The Minister for Education):..............................37

1. Deputy G.P. Southern :..................................................................37
2. Deputy M. Tadier :......................................................................38
3. Deputy M. Tadier :......................................................................38
4. Deputy A.D. Lewis :....................................................................38
5. Deputy S.Y. Mézec of St. Helier:.......................................................39
6. Deputy G.P. Southern :..................................................................39

5. Deputy S.Y. Mézec of the Chief Minister regarding the impact of Brexit on Jersey's finance industry: [1(93)].................................................................39

Senator I.J. Gorst (The Chief Minister):......................................................39

1. Deputy S.Y. Mézec :....................................................................39
2. Deputy C.F. Labey of Grouville :........................................................40
3. Deputy G.P. Southern :..................................................................40
4. Deputy S.Y. Mézec :....................................................................41

6. Deputy J.M. Maçon of the Chief Minister regarding measures taken by the Council of Ministers following the debate on P.130/2016: [1(90)]..................................41

Senator I.J. Gorst (The Chief Minister):......................................................41 4.6.1 Deputy J.M. Maçon:....................................................................41

7. Connétable J. Gallichan of St. Mary of the Minister for Social Security regarding information provided to the States Assembly when the Long Term Care scheme was originally proposed: [1(61)] .............................................................42

Deputy S.J. Pinel (The Minister for Social Security):.........................................42

1. The Connétable of St. Mary:............................................................42
2. Deputy M. Tadier :......................................................................43
3. Deputy M. Tadier :......................................................................43
4. Deputy G.P. Southern :..................................................................43
5. Senator P.F.C. Ozouf :..................................................................43

8. The Deputy of Grouville of the Minister for Education regarding the teaching of the citizenship programme in the Island's secondary schools: [1(77)].....................44

Deputy R.G. Bryans (The Minister for Education):...........................................44

1. The Deputy of Grouville :...............................................................44
2. Deputy M. Tadier :......................................................................45
3. Deputy M. Tadier :......................................................................45
4. Deputy J.M. Maçon:....................................................................45
5. The Deputy of Grouville :...............................................................46

9. Deputy M.R. Higgins of St. Helier of the Chief Minister regarding the Chief Minister's awareness that a complaint had not been made to the British Medical Association against the Clinical Director in the Alwitry case: [1(84)] .................46

Senator I.J. Gorst (The Chief Minister):......................................................46

1. Deputy M.R.Higgins:..................................................................46
2. Deputy G.P. Southern :..................................................................47
3. Senator S.C. Ferguson:.................................................................47
4. Senator S.C. Ferguson:.................................................................47
5. Deputy M.R.Higgins:..................................................................47

10. Deputy R.J. Renouf of St. Ouen of the Minister for Social Security regarding work on implementing the Assembly's decision to prohibit exclusivity clauses in zero-hour contracts: [1(81)]........................................................................48

Deputy S.J. Pinel (The Minister for Social Security):.........................................48

1. The Deputy of St. Ouen:.............................................................48
2. Deputy G.P. Southern : ..............................................................48
3. Deputy G.P. Southern : ..............................................................49
4. Deputy G.P. Southern : ..............................................................49
5. The Deputy of St. Ouen:.............................................................49

11. The Deputy of St. Ouen of the Minister for Health and Social Services regarding the prospective recruitment of physician associates: [1(82)]...............................49

Senator A.K.F. Green (The Minister for Health and Social Services):........................49 4.11.1 The Deputy of St. Ouen:.............................................................50

12. The Deputy of Grouville of the Minister for Treasury and Resources regarding revenue raising measures to be taken as a replacement for the health charge funding: [1(79)]....................................................................................50

Senator A.J.H. Maclean (The Minister for Treasury and Resources):.........................50

1. The Deputy of Grouville : ............................................................50
2. Deputy S.Y. Mézec :.................................................................50
3. Deputy S.Y. Mézec :.................................................................51
4. Deputy M. Tadier :...................................................................51
5. Deputy G.P. Southern : ..............................................................52
6. Senator S.C. Ferguson:..............................................................52
7. Senator S.C. Ferguson:..............................................................52

13. Deputy M. Tadier of the Minister for Housing regarding the Minister's work in reducing the number of lower-income households in rental stress': [1(89)]..........53

Deputy A.E. Pryke of Trinity (The Minister for Housing):....................................53

1. Deputy M. Tadier :...................................................................53
2. Deputy G.P. Southern : ..............................................................53
3. Deputy G.P. Southern : ..............................................................54
4. Deputy J.A. Martin of St. Helier:....................................................54

5. Deputy S.Y. Mézec :.................................................................54
6. Deputy M. Tadier :...................................................................55

14. Deputy G.P. Southern of the Minister for Social Security regarding the criteria used by the Department to assess whether an Income Support repayment regime would be reasonable: [1(87)].......................................................................55

Deputy S.J. Pinel (The Minister for Social Security):.........................................55

1. Deputy G.P. Southern : ..............................................................56
2. Deputy M. Tadier :...................................................................56
3. Deputy M. Tadier :...................................................................56
4. Deputy G.P. Southern : ..............................................................56

15. Deputy M.R. Higgins of the Minister for Health and Social Services regarding the Minister's awareness that a complaint had not been made to the British Medical Association against the Clinical Director in the Alwitry case: [1(85)] .................56

Senator A.K.F. Green (The Minister for Health and Social Services):........................57

1. Deputy M.R.Higgins:...............................................................57
2. Deputy M.R.Higgins:...............................................................57

16. Deputy S.Y. Mézec of the Minister for Economic Development, Tourism, Sport and Culture regarding measures taken for which a tangible benefit for small businesses in the Island could be demonstrated: [1(94)]..................................................57 Senator L.J. Farnham (The Minister for Economic Development, Tourism, Sport and Culture): .........................................................................................58

1. Deputy S.Y. Mézec :.................................................................58
2. Deputy M. Tadier :...................................................................58
3. Deputy M. Tadier :...................................................................59
4. Deputy A.D. Lewis : .................................................................59
5. Deputy A.D. Lewis : .................................................................60
6. Deputy S.Y. Mézec :.................................................................60

17. Deputy J.M. Maçon of the Chief Minister regarding the publication of official notices: [1(92)]....................................................................................61

Deputy S.M. Wickenden of St. Helier (Assistant Chief Minister - rapporteur): ...............61

1. Deputy J.M. Maçon:.................................................................61
2. Deputy M. Tadier :...................................................................61
3. Deputy M. Tadier :...................................................................62
4. Deputy M.R.Higgins:...............................................................62
5. Deputy M.R.Higgins:...............................................................62
6. Deputy J.M. Maçon:.................................................................63
7. Deputy J.M. Maçon:.................................................................63

18. Deputy K.C. Lewis of the Minister for Economic Development, Tourism, Sport and Culture regarding assistance with travel and accommodation for competitors at the Island Games in Gotland [1(91)]:.......................................................63

Connétable S.W. Pallett of St. Brelade (Assistant Minister for Sport - rapporteur):...........63 4.18.1 Deputy K.C. Lewis : .................................................................64

5. Questions to Ministers without notice - The Minister for Housing....................65

1. Deputy G.P. Southern :..................................................................65 The Deputy of Trinity (The Minister for Housing):...........................................65

5.1.1 Deputy G.P. Southern :..................................................................65

2. Deputy M. Tadier :......................................................................65

5.2.1 Deputy M. Tadier :......................................................................66

3. Connétable A.S. Crowcroft of St. Helier:...............................................66
4. Deputy G.P. Southern :..................................................................67

5.4.1 Deputy G.P. Southern :..................................................................67

5. Deputy M. Tadier :......................................................................68

5.5.1 Deputy M. Tadier :......................................................................68

6. Questions to Ministers without notice - The Chief Minister............................68

1. Deputy J.A. Martin:....................................................................68 Senator I.J. Gorst (The Chief Minister):......................................................68
2. Deputy S.Y. Mézec :....................................................................69
3. Deputy M.R.Higgins:..................................................................69

6.3.1 Deputy M.R. Higgins:..................................................................70

4. The Connétable of St. Helier:...........................................................70

6.4.1 The Connétable of St. Helier:...........................................................71

5. Deputy A.D. Lewis :....................................................................71

6.5.1 Deputy A.D. Lewis :....................................................................71

6. The Deputy of Grouville :...............................................................71

6.6.1 The Deputy of Grouville :...............................................................72

ADJOURNMENT................................................................................73

[14:46]

The Roll was called and the Deputy Greffier of the States led the Assembly in Prayer. COMMUNICATIONS BY THE PRESIDING OFFICER

1. The Deputy Bailiff :

There is nothing on the Order Paper under A.

APPOINTMENT OF MINISTERS, COMMITTEES AND PANELS

2. Appointment of a Member who is either a Minister or Assistant Minister to the Privileges and Procedures Committee

The Deputy Bailiff :

We come on to F, and there is one appointment listed. The chairman of Privileges and Procedures Committee who will nominate a Member who is either a Minister or Assistant as a member.

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

A vacancy occurs on the committee because of the resignation of Senator Ozouf as an Assistant Minister. I would like to thank sincerely the Senator for the very enthusiastic and positive contribution to the work of our committee during the past couple of years. [Approbation] As Members might understand, we did not always agree but we valued his very strongly expressed views on the committee and we surely are going to miss him. After consultation with the Chief Minister, I am pleased to propose Deputy Murray Norton of St. Brelade as a member of the committee.

The Deputy Bailiff :

Is the nomination seconded? [Seconded] Are there any other nominations?

Deputy M. Tadier of St. Brelade :

Sir, could you just explain for the purpose of orders how other nominations might occur? The Deputy Bailiff :

It is not possible to nominate from the floor of the Assembly. If there are no other nominations then I declare that Deputy Norton is now a member of the Privileges and Procedures Committee. [Approbation]

QUESTIONS

3. Written Questions

1. DEPUTY R. LABEY OF ST. HELIER OF THE CHIEF MINISTER REGARDING THE PARAMETERS OF MINISTERIAL RESPONSIBILITY AND ACCOUNTABILITY: [1(55)]

Question

Will the Chief Minister advise whether he proposes to make any changes to the parameters of ministerial responsibility, with particular reference to the divide between the formulation and introduction of policy and the implementation of such policy; and, if so, what those changes will entail?

Will the Chief Minister also advise at what point and to what extent, following the approval of a policy, does accountability for implementation and administration of that policy currently move from the relevant Minister to the relevant Department or other body, where applicable, such as an appointed board?

Answer

The relationship between government and the civil service is critically important to the well-being of any democracy.

The civil service is required to implement the decisions of Ministers and to follow our policy direction under the States of Jersey Law, and in turn, Ministers are accountable to the Assembly for the actions of their Department.

However, we have a non-political civil service in Jersey, which means that it is not Ministers who assess the performance of officers, but rather their line managers. We should not wish ourselves into a completely different position where the civil service is beholden to the Council of Ministers. This is the balance we need to strike.

In part, this is why the States' Employment Board is a joint body of Ministers and other States Members, established by the Employment of States of Jersey Employees Law, which employs civil servants and establishes competency frameworks, with the Chief Executive able to give direction to Chief Officers on individual matters, and able to require them to account for matters concerning their Department.

The Public Finances Law then places a clear obligation on Accounting Officers to be personally accountable for the use of public monies as approved by the Assembly for the implementation of ministerial policy, a practise which avoids political considerations in the management and reporting of financial performance.

As to the arms-length delivery of government policy, the situation remains fundamentally the same, other than in so far as internal line management structures should be replaced by a clear framework that ensures the alignment of policy and delivery, including approval processes for business plans, and the ability to obtain information and to hold to account arms-length bodies (with these bodies also falling under the ambit of the Controller and Auditor General and the Public Accounts Committee).

Of course, Ministers cannot and do not turn a blind eye to performance. If a Minister is unhappy with the performance of their Chief Officer, or believe that implementation of polices and their directions are inadequate or deficient, they can raise the matter with the Chief Executive.

2. DEPUTY J.M. MAÇON OF ST. SAVIOUR OF THE CHIEF MINISTER REGARDING THE RESIGNATION OF THE ASSISTANT CHIEF MINISTER WITH RESPONSIBILITY FOR THE FINANCIAL SERVICES INDUSTRY, DIGITAL SECTOR, AND COMPETITION AND INNOVATION: [1(56)]

Question

Has the Chief Minister received a written offer of resignation from his Assistant Chief Minister with responsibility for the financial services industry, digital sector, and competition and innovation; and, if so, when will the resignation come into effect?

Answer

Senator Ozouf has written to the Chief Minister, and with immediate effect, on Friday, 20th January, 2017, ceased to hold office as Assistant Chief Minister.

3. DEPUTY J.M. MAÇON OF ST. SAVIOUR OF THE MINISTER FOR INFRASTRUCTURE REGARDING THE JUNCTION OF RUE DES PRÉS AND LONGUEVILLE ROAD: [1(57)]

Question

Will the Minister explain what action, if any, is planned to be taken in respect of the junction of Rue des Prés and Longueville Road; and will he advise in particular whether or not it is the intention of his Department to install a traffic light system at this junction and, if so, state when such action will be taken?

Answer

No action is planned for the Rue des Prés and Longueville Road junction and it is currently not the intention of the Department to install traffic signals at this junction.

This junction will be included in a review of safety improvements along Longueville Road between Clos Gossett and Rue des Prés Trading Estate in the latter part of 2017 with the implementation of any agreed measures being delivered in 2018. The possibility of installing a traffic light system at this junction will be considered as part of this review.

4. DEPUTY J.M. MAÇON OF ST. SAVIOUR OF THE MINISTER FOR INFRASTRUCTURE REGARDING TRAFFIC-CALMING MEASURES ON LONGUEVILLE ROAD AND BAGOT ROAD: [1(58)]

Question

Will the Minister advise whether or not it is his intention to introduce traffic-calming measures on Longueville Road and Bagot Road in 2018 and, if that is the case, will he explain what his Department's consultation process in respect of this work will include and when such consultation in 2017 will begin; and will he confirm that any such consultation will include the Deputies of the Parish and the Connétable ?

Answer

The Deputy will recall that proposals for safety improvements along Longueville Road between Clos Gossett and Rue des Prés Trading Estate were tabled with the Connétable and Deputies in 2015, but these did  not find favour and consequently were  not included in the Department's

programme of road safety improvements for 2016 or 2017. I can confirm that my Department will carry out a fresh review in 2017 with the implementation of any agreed measures being delivered in 2018.

This review will be carried out in the latter part of 2017 with the results being discussed with the Connétable and Deputies. Improvements which are supported by my Department and the Parish will be implemented in 2018 with a full public consultation process in advance of any works being completed on site.

5. DEPUTY M. TADIER OF ST. BRELADE OF THE MINISTER FOR EDUCATION REGARDING THE TURNOVER OF STAFF AT NON-PRIVATE PRIMARY SCHOOLS: [1(59)]

Question

Further to the answer tabled on 17th January 2017 to written question 1(18), will the Minister provide a breakdown of the turnover, expressed both in figures and as a percentage, at all non- private primary schools in the past 3 years in:

1. teaching staff;
2. non-teaching staff; and
3. all staff,

with the answers also broken down by individual school?

Will the Minister also indicate, in each case, what percentage of turnover was due to retirement and provide the total number of staff at each school and in each category?

Answer

Staff turnover in States primary schools

Staff turnover by teaching and non-teaching staff

Statistical disclosure control has been applied to the tables, to avoid disclosing information about individual staff members. Where either the number of teaching or non-teaching leavers is less than 3, the breakdown of teaching to non-teaching staff has not been included. The schools where the numbers are 3 or greater are listed in the table below:

Staff numbers at 31 December 2016

Percentage of staff turnover due to retirements

A breakdown by whether the staff member left due to retirement is not possible at the school level, as  it would disclose  information about individual  staff  members. The  total of  leavers due to retirement across all schools has been provided.

6. THE CONNÉTABLE OF ST MARY OF H.M. ATTORNEY GENERAL REGARDING THE LEGAL STATUS OF LONG-TERM CARE CONTRIBUTIONS: [1(60)]

Question

Will H.M. Attorney General clarify the legal status of Long-Term Care contributions and advise specifically under what provisions they are to be treated as a tax?

Answer

There is one question which determines whether charges such as Long-Term Care Contributions are a tax or not. This is whether there is a direct causal link between the charge and the individual benefits to be received. It is true that Long-Term Care Contributions are paid into a ring-fenced fund, are subject to an upper earning limit when calculating liability, and that liability for non- residents in respect of Jersey income is significantly restricted. However, although these and other considerations mean that Long-Term Care Contributions have many characteristics common to Social Security Contributions (which are not a tax), the absence of a direct connection between payment of the Long-Term Care Contributions and the benefit received means that it is to be regarded as a tax.

What determines the legal nature of the payment is whether there is a direct link between contributions and benefits.

The relevant legislation does not include reference to an individual's contribution record as being necessary in order to determine their entitlements.

It follows that, as a matter of law, Long-Term Care Contributions are taxation. Which provisions treat Long-Term Care Contributions as a tax?

The question of whether something is a tax, a charge or in any other category is rarely one of legal relevance ie the distinction generally has no legal consequence.

In Jersey, Long-Term Care Contributions will be treated as a tax for the purposes of the Public Finances (Jersey) Law, Articles 21 and 23, Long-Term Care contributions are taxation, and also Regulation 9(2) of Public Finances (Transitional Provisions) (No. 2) (Jersey) Regulations 2005 which also deals with the same borrowing issues.

Other statutes referring to "taxation"

There are statutes where, whilst Long-Term Care Contributions would amount to "taxation", this has little or no practical consequence. These are:

- For the purposes of the Public Finances (Jersey) Law, Article 15, Long-Term Care contributions can be dealt with under the "taxation draft", meaning that legislation in respect of raising of Long-Term Care contributions can come into effect without Royal Assent. (Although any such changes to Long-Term Care Contributions would in reality be brought by way of Regulations under the Social Security (Jersey) Law.)

- Article 42(1)(c) of the Charities (Jersey) Law, information requirements on charities in respect of taxation.

- Article 29(1) of the Data Protection (Jersey) Law, exemption in respect of crime and taxation.

- Article 2(5)(a) of the European Union (Implementation) (Jersey) Law, although in fact EU law has no relevance to setting either income tax or social security contributions.

- Privileges Immunities (Diplomatic, Consular etc) (Jersey) Law: the same privilege applies to taxation and social security contributions, so nothing turns on categorisation.

- State Immunity (Jersey) Order, Articles 11 and 15 would treat social security contributions and income tax the same, so nothing turns on categorisation.

- Taxation (Implementation) (Jersey) Law, Article 1. An agreement could in principle apply to Long-Term Care Contributions and equivalent charges raised in other countries. In practice, Long-Term Care Contributions fall outside the terms of relevant international agreements.

This answer is given on the basis of a search of the Current Edition of Jersey enactments for the word "taxation", and may not have caught every reference in Jersey statute law to "tax" or "taxation".

7. THEDEPUTYOFST.JOHN OF THE MINISTER FOR EDUCATION REGARDING THE FUNDING OF NURSERY EDUCATION: [1(62)]

Question

Further to the answer provided on 29th November 2016 to oral question 9738, will the Minister confirm what funding has been put in place to ensure certainty for the parents of children at private nursery providers from September 2017; and will he advise from where such funding has come, whether its provision has affected what was agreed in the Medium Term Financial Plan Addition, and, if so, how?

Answer

The MTFP proposal to means-test nursery places has been postponed until September 2018. The Department has requested that the shortfall created by not achieving the MTFP saving will be met through carry forwards (although these have yet to be agreed). Parents should therefore not be affected in the 2017-2018 academic year.

This can only be a short-term solution as the scheme continues to exceed its budget on an annual basis. Work continues on implementing the means-testing in both private commercial nurseries and States school nursery classes, as agreed by the States.

8. THE DEPUTY OF ST. JOHN OF THE MINISTER FOR SOCIAL SECURITY REGARDING THE LONG-TERM CARE SCHEME: [1(63)]

Question

Further to the advice provided by H.M. Solicitor General to the Assembly on 19th January 2017 regarding Article 21(3) of the Public Finances (Jersey) Law 2005 in relation to the funding of the new Hospital, will the Minister advise whether or not she will continue to regard the Long-Term Care scheme as a contribution; and will she confirm that the undertaking made to the Assembly by her predecessor on 18th June 2013 that the Long-Term Care contribution could not be manipulated by the Minister for Treasury and Resources remains in place?

Answer

As Minister for Social Security I can absolutely confirm that all long-term care contributions are paid into the ring fenced Long-Term Care Fund and that payments out of the Fund can only be made to support long-term care costs.

The contributions are collected under the Social Security Law and the benefits are paid under the Long-Term Care Law.

Both these laws fall under my responsibility and any changes to the nature of the contributions or the use of the Fund would require legislation to be approved by the States Assembly.

The recent advice provided by H.M. Solicitor General does not have any bearing on the operation of the Long-Term Care Fund, and was confined to Article 21(3) of the Public Finances Law. As such, I can confirm the undertaking given by my predecessor, Senator Le Gresley, that the Long- Term Care contribution cannot be manipulated by the Minister for Treasury and Resources.

9. DEPUTY S.Y. MÉZEC OF ST. HELIER OF THE CHIEF MINISTER REGARDING APPOINTMENTS UNDERTAKEN BY THE ASSISTANT CHIEF MINISTER WITH REPONSIBILITY FOR THE FINANCIAL SERVICES INDUSTRY, DIGITAL SECTOR, COMPETITION AND INNOVATION: [1(64)]

Question

Will the Chief Minister list all official appointments that Senator P.F.C. Ozouf has undertaken as Assistant Chief Minister, including any such appointments which occurred outside of Jersey, from the time the Senator announced his intention to resign from that role to the time when that resignation took effect or, if that resignation has not yet taken effect, to the time that this question is answered?

Answer

Senator Ozouf informed the Sates Assembly on 17th January of his intention to resign and wrote to the Chief Minister on Friday, 20th January 2017, and with immediate effect ceased to hold office as Assistant Chief Minister.

The only official appointment between 17th and 20th January was a pre-arranged invitation to meet with the Honorary Consul for the Republic of Rwanda (in Jersey). This prior engagement arose from Senator Ozouf 's extensive and long standing involvement with the relationship between Jersey and Rwanda and specifically followed the visit of the Minister of Finance & Economic Planning for the Republic of Rwanda between 9th & 11th January.

Senator Ozouf has not conducted any further official appointments as Assistant Chief Minister.

10. DEPUTY S.Y. MÉZEC OF ST. HELIER OF THE MINISTER FOR ECONOMIC DEVELOPMENT, TOURISM, SPORT AND CULTURE REGARDING LEGISLATIVE MEASURES TAKEN TO PROMOTE ECONOMIC GROWTH: [1(65)]

Question

Further to the response provided on 17th January 2017 to written question 1(15) regarding the legislative measures the Minister had taken to provide a tangible effect on promoting economic growth, will the Minister reproduce the list provided in that response with the addition of a clear explanation beneath each item to show what growth in our economy, if any, could be attributed to the measure in question?

Answer

The four changes to subordinate legislation highlighted in the previous answer were progressed on the basis that businesses generate economic growth, while government concentrates on improving conditions for economic growth. Both the efforts of business and government can take time to filter through.

Each of the four relevant legislative projects listed in the previous answer were designed to create important but incremental changes to business trading conditions.

In the case of the changes made to the Tourism (General Provisions) Order during 2015 and 2016, the primary success measures are indirect. Visit Jersey has been able to source higher quality baseline data to help direct its marketing resource effectively. If, as a consequence, Visit Jersey secures a sustained increase in the number of visitors then businesses will be well placed to generate sustained economic growth. Industry feedback indicates that businesses have also benefited from the incremental reduction in red tape insofar as their staff can devote time to other tasks.

Turning to the changes made to legislation governing licensing and retail activity, the incremental benefit of both will ultimately be factored into the economic activity reports published by the States of Jersey Statistics Unit. It is nevertheless worthy of note that local media reporting of pre- Christmas 2016 on-Island retail activity was positive.

11. DEPUTY S.Y. MÉZEC OF ST. HELIER OF THE MINISTER FOR HEALTH AND SOCIAL SERVICES REGARDING MEASURES TAKEN TO ALLEVIATE THE BURDEN ON ACCIDENT AND EMERGENCY SERVICES: [1(66)]

Question

Given that, in recent weeks, the States has had to put out messages asking the public to attend their General Practitioner (G.P.) if their ailment was not an emergency, rather than Accident and Emergency (A&E), because of the pressure placed on that service, what measures, if any, have been taken to alleviate the burden on A&E services; and what consideration, if any, has been given to improving access to G.P.s for those people who currently struggle to afford it?

Answer

Sending an Island-wide message to the general public requesting that they access their GP for medical support and input where appropriate is not a decision that is taken lightly by the Health and Social Services Department. However, at times of significant pressure, which was the case recently following increased volumes of seasonal illnesses and respiratory infections, it is deemed an appropriate, acceptable and sensible message to communicate. It is effective as, following any such request, the number of patients who present to the department always reduces in the short term, enabling the Emergency Department to meet patient demand.

Within the Emergency Department – which should only be used for emergencies – the number of patients and capacity to accommodate them is continuously assessed. This is monitored alongside the hospital bed capacity, ensuring sufficient in-patient beds are available for those patients who require admission for continuing treatment and acute care.

Where appropriate, Islanders should consider seeing their GP in the first instance – the Emergency Department displays posters in the reception area that promote the use of the GP out of hours service as an alternative to waiting in the department when their own GP surgery is closed. The Department is keen to review alternative models of care provision in the future or to be part of a media campaign that encourages the public to think about where they are best seen for non- emergency ailments. The staff, where appropriate, do advise patients to seek GP assistance, but this is not always accepted by patients and the staff can be victims of verbal abuse as a consequence.

Our Consultant Microbiologist continually monitors infection patterns, not only within the hospital but across our community to ensure where possible we prevent illness by the spread of infection and then handle any patients as efficiently as possible when they present to hospital. This can be helped by optimising the management of patients with respiratory and heart disease with the aim of reducing their risk of infection and thus prevent hospital admission. Greater uptake of the flu vaccine by children and by staff in care homes would assist with this.

Work is underway on supporting GP costs. Health and Social Services and Social Security have jointly commissioned Deloitte to undertake a review, which includes consideration of access for people with a low income to GPs. The scope of the review was included in the answer to Deputy Southern 's written question (10) to the Minister for Social Security tabled on 17 January 2017.

12. DEPUTY S.Y. MÉZEC OF ST. HELIER OF THE CHIEF MINISTER REGARDING LOANS FORM THE JERSEY INNOVATION FUND APPROVED BY THE MINISTER FOR ECONOMIC DEVELOPMENT, TOURISM, SPORT AND CULTURE: [1(67)]

Question

In the time that the current Minister for Economic Development, Tourism, Sport and Culture had official responsibility for the Jersey Innovation Fund, how many loans did he sign off, if any, and how many of those loans, if any, are assumed by the Comptroller and Auditor General's recently published report (R.3/2017) to be highly unlikely to be repaid?

Answer

The current Minister for EDTSC signed three Ministerial Decisions approving the offer of a loan to JIF applicants on the basis of a recommendation from the JIF Advisory Board and the officers supporting the Advisory Board.

These recommendations, which outlined the supporting evidence and the terms upon which the offer of a loan were to be made, were attached to each Ministerial Decision.

Every such Ministerial Decision captured the recommendation of the Advisory Board and authorised officers to draw up loan agreements subject to detailed and specific terms together with the conditions that had to be met before and throughout the duration of the loan.

Of the three loans, one has been written off in full; one has been deemed "unlikely that a debt will be repaid"; and one loan is on track with its repayments.

13. DEPUTY S.Y. MÉZEC OF ST. HELIER OF THE CHIEF MINISTER REGARDING THE STATUS OF BUSINESSES WHICH HAD APPLICATIONS FOR LOANS FROM THE JERSEY INNOVATION FUND REFUSED: [1(68)]

Question

Is the Chief Minister aware of any businesses which applied for loans or grants from the Jersey Innovation Fund and which  had their applications rejected, but which have since gone on to establish themselves as a stable business making profit and employing people in Jersey?

Answer

A record of all applications to access the Jersey Innovation Fund (JIF) was maintained. This shows that 51 applications were received, 7 approved, 35 rejected and 9 withdrew. A further 19 enquiries were made but did not reach the application stage.

There was no subsequent monitoring of applications that had not been approved.

The JIF is just one element of supporting innovation in Jersey. Advice, support and signposts to alternative funding is available for start-ups and businesses through a wide range of agencies such as Jersey Business, Digital Jersey as well as numerous private sector organisations, all of whom play an active role in matching sources of business finance with seekers of finance.

14. DEPUTY G.P. SOUTHERN OF ST. HELIER OF THE CHIEF MINISTER REGARDING MINISTERIAL APPROVAL OF LOANS FROM THE JERSEY INNOVATION FUND: [1(69)]

Question

Will the Chief Minister confirm the dates since November 2011 (inclusive) on which Senators P.F.C. Ozouf , A.J.H. Maclean and L.J. Farnham were appointed as either a Minister or Assistant Minister, including the positions to which they were appointed; and will the Chief Minister inform members who signed off the loans to Applicants A to F, as described in Appendices 1 and 2 to Jersey Innovation Fund' (R.3/2017)?

Will he further advise –

1. what factors influenced the interest rate (from 4.5% to 9%) on these loans;
2. why the abilitytotake equity in the companies was not pursued;
3. why no royalty agreements were sought; and
4. why only one loan was phased and why personal guarantees were sought on only 2 loans?

Answer

The following Ministerial Decisions approved the offering of loans to JIF applicants:

1. Interest  rates  on  individual  loans  were  recommended  to the Accounting  Officer  by  the Jersey Innovation Fund Advisory Board. The recommendation would be based upon a range of factors including strength of the business, anticipated risks and available security;
2. From a review of Advisory Board minutes, the idea of taking equity positions was first discussed by the Advisory Board in April 2014 and a number of times thereafter. Having recognised on several occasions that a legislative change was needed to permit an equity position in companies, action was not taken by officers to bring the legislative changes forward.

A specific debt to equity' conversion clause was incorporated within the documentation for one loan although no legislative change was brought to the States Assembly that would permit triggering of this clause. This is now being developed as part of the remediation process.

3. The status of royalty agreements is specifically dealt with in Section 7 of the Comptroller & Auditor General ("CAG") report dated 12th January 2017. Royalty agreements were discussed for some loans

but not all. Reasons for not pursuing included possible borrower resistance and unavailability of relevant documentation.

Advisory Board opinion was divided on the value of securing royalties and none were secured as a condition of individual loans.

4. Phasing of loan disbursement was discussed in several cases and implemented in one case. It is, however, unclear from the Advisory Board minutes why phased drawdown was not actively discussed and considered in every case.

The Advisory Board also considered whether to advance the full amount of borrowing requested.

Once again, minutes of the Advisory Board do not reveal consistency of discussion around taking available security, including personal guarantees. There is a minuted discussion around the need to develop more of a policy on this and the associated consideration of interest rates if security is taken. This is commented upon at section 9.3 of the CAG report.

15. DEPUTY G.P. SOUTHERN OF ST. HELIER OF THE CHIEF MINISTER REGARDING MINISTERIAL RESPONSIBILITY FOR THE FINANCIAL SERVICES INDUSTRY, DIGITAL SECTOR, AND COMPETITION AND INNOVATION: [1(70)]

Question

Has the Assistant Minister to the Chief Minister with responsibility for the financial services industry, digital sector, and competition and innovation offered his resignation from this post, and had it accepted; and, if not, will the Chief Minister explain why not and when he expects to have completed this change? Will the Chief Minister also inform members how the responsibilities of the Assistant Minister have been, or will be, redistributed?

Answer

Senator Ozouf has written to the Chief Minister, and with immediate effect, on Friday, 20th January, 2017, ceased to hold office as Assistant Chief Minister. At that point, the delegated powers held by Senator Ozouf reverted to the Chief Minister.

It is not easy to replace the expertise brought by Senator Ozouf to competition, innovation, digital and financial services matters, but over the coming days decisions will be taken on any new delegations that may be needed.

A Report will be presented on Monday afternoon to confirm how the responsibilities of the Assistant Chief Minister will be distributed.

16. DEPUTY M.R. HIGGINS OF ST. HELIER OF H.M. ATTORNEY GENERAL REGARDING THE STRUCTURE AND WORKING PRACTICES OF THE LAW OFFICERS' DEPARTMENT: [1(71)]

Question

Will H.M. Attorney General explain the following –

1. how his Department is organized;

2. how many people work within the Department and in what sections, including their specialisms;
3. what vetting of legal advice to Ministers and Departments takes place in his Department before such advice is provided to Ministers; and
4. how the Department deals with any conflicts of interests which may arise?

Answer

1. The Law Officers' Department consists of the Criminal Division and the Civil Division supported by a small administration team.
2. A Director manages each division. The Criminal Division is divided into three teams; the team at Police Headquarters, Mutual Legal Assistance and Crown Prosecutors. The team based at Police Headquarters prosecutes all cases before the Magistrate's Court and gives advice totheStatesofJerseyPoliceandtheHonoraryPoliceandconsistsofeight lawyers and support staff. The Mutual Legal Assistance teamdeals with international requests and consists of 2.8 (FTE) lawyers and support staff and a police officer who is on secondment from the Statesof Jersey Police Joint Financial Crime Unit. The Crown Prosecutor Team prosecutes the majority of Royal Court cases and also advises the Police. It consists of twelve lawyers and support staff.

The Civil Division is divided into four teams; Advice; Safeguarding; Commercial and Contentious; and Property.

The Advice Team has eight lawyers and support staff providing advice regarding the following: international treaties, European Law, sanctions, statutory interpretation, extension of UK legislation to Jersey, drafting of Orders in Council and Rules of Court, legislation projects, human rights, penalty review of draft legislation, drafting of Royal Assent memoranda, and public law advice.

The Commercial and Contentious Team consists of 7.7 (FTE) lawyers and support staff who provide advice in respect of contracts and contractual disputes, employment and discrimination claims, data protection and freedom of information, planning, general civil litigation and applications for judicial review.

The Property Team consists of 4.5 (FTE) members of staff who advise on all property related matters and who deal with conveyancing work on behalf of the Public of the Island and the Crown.

The eight lawyers and support staff of the Safeguarding Team provide advice to the Children's Service about the care and protection of children in the Island, and deal with applications for public law orders in relation to children.

The Administration team consists of 6.5 (FTE) members of staff.

3. Arrangements are in place to ensure that the advice given to Ministers and Departments is accurate, of high quality and provided in a timely way. Advice drafted by assistant legal advisers is subject to the supervision of senior lawyers.
4. The Law Officers' Department is structured so as to manage any conflicts of interest. The Attorney General and Solicitor General are independent Law Officers; the Criminal and Civil Divisions are managed and operated quite separately from each other and both are segregated fromone another by an electronic case management system, which enables files to be locked electronically with only certain lawyers and staff having access to such files.

17. DEPUTY M.R. HIGGINS OF ST. HELIER OF THE CHIEF MINISTER REGARDING MEETINGS HELD IN RELATION TO THE CONTRACT WITH MR. ALWITRY: [1(72)]

Question

Will the Chief Minister explain the nature of the consultation, or meeting, that took place on or before 22nd November 2012, as referred to in paragraph 179 of R.75/2016, which involved both him and the Minister for Health and Social Services, and which had regard to the breaking of the contract entered into with Mr. Alwitry; and, in particular, will he explain –

1. the grounds at that time for the decision taken to terminate the contract;
2. what decisions were taken, by whom, and whether there was any dissent from such decisions;
3. who was consulted and in what form the consultation took place; and
4. whether any minutes or record of the discussion were taken and, if not, why not?

Answer

The decision to rescind the contract of Mr. Alwitry rested with HSSD under delegated authority.

1. the decision to terminate was for the following reasons, as explained in the letter of termination

• Attitude and behaviour displayed in relation to multiple aspects of the role.
• Demonstrable evidence of a dysfunctional relationship with the clinical director and other senior medical and management staff.
• Loss of trust and confidence between the respective parties resulting in any employment relationship being irreparably damaged.

2. The decision to terminate the contract was taken by the Hospital Managing Director, the Joint MedicalDirectors,andtheHSSDHR Director. The recommendation wasmadetotheHSSD CEO and the Health Ministers who concurred with the recommendation.

The SEB were advised, for information, by the SOJ HR Director of the day via email on 21st November 2012. There were no objections.

3. See the answer to (b). Consultations were via meetings and/or briefings.
4. The internal meetings in HSSD were not minuted. There was a letter from the HSSD HR Director tothe SOJ HR Director explaining the rationale for the HSSD decision toterminate the contract that was sent to the SEB for information.

18. DEPUTY M.R. HIGGINS OF ST. HELIER OF THE CHIEF MINISTER REGARDING THE INVOLVEMENT OF CONSULTANTS IN THE PROCESS TO TERMINATE THE CONTRACT WITH MR. ALWITRY: [1(73)]

Question

Further to written question 1(33) on 17th January 2017, will the Minister explain why he stated in the response to that question that "no consultants (whether external consultants or hospital consultants) advised the board in relation to the Health and Social Services Department recommendation to rescind / withdraw [the offer of employment]" when the report of the States of Jersey Complaints Board (R.75/2016) highlighted the presence of hospital consultants at the States Employment Board meeting at which the decision to terminate Mr Alwitry's contract was ratified?

Answer

Written question 1(33) was interpreted as referring to the decision to rescind the contract of employment by HSSD which took place on 22nd November 2012. In the specific, the earlier answer referred to is accurate.

The SEB was advised by the then States of Jersey HR Director of the decision via email for information which included a letter from the HSSD HR Director which stated that the Medical Directors, Clinical Director, Ministers and Hospital senior management supported termination of the contract.

If the question refers to advice received subsequent to the decision then clearly both clinical leaders and the external consultants who provided the three review reports provided information to the Board. The decision to terminate rested with HSSD under delegated authority and the Board`s reviews were designed to assure itself that the decision taken was both appropriate and proportionate.

19. DEPUTY M.R. HIGGINS OF ST. HELIER OF THE CHIEF MINISTER REGARDING THE TERMS OF REFERENCE FOR REPORTS COMMISSIONED INTO THE TERMINATION OF MR. ALWITRY'S CONTRACT OF EMPLOYMENT: [1(74)]

Question

Will the Chief Minister, as Chairman of the States Employment Board, publish for members the terms of reference given to, and any correspondence with, the former Solicitor General, Mr. Beal and Ms. Haste regarding the reports commissioned from them into the termination of Mr Alwitry's contract of employment?

Answer

The three reports and hence the terms of reference, from the then Solicitor General , Mr. Beal and Ms. Haste are all contained as appendices in the SEB Comment to P.137/2017 which has been published to States Members.

There has been no direct correspondence between the Board and the authors. Officers have conducted any correspondence for the purposes of organising the preparation and delivery of the reports to the SEB. Provision of such correspondence will follow.

20. DEPUTYM.R.HIGGINSOFST.HELIEROF THE MINISTERFORHEALTHAND SOCIAL SERVICES REGARDING THE JOB ADVERTISEMENT AND CONTRACTUAL DOCUMENTS PROVIDED TO MR. ALWITRY: [1(75)]

Question

Will the Minister publish for members a copy of the document that advertised the position of Consultant Ophthalmologist for which Mr. Alwitry applied in the summer of 2012?

Will the Minister also provide copies of all the standard contractual documents that were used at the time for employment to such posts; and will he confirm whether or not such documents were sent to Mr. Alwitry following his acceptance of the offer of employment and that there were no other contractual documents sent to Mr. Alwitry?

Answer

Yes. The advertisement and a copy of the Consultant contract documentation as used in 2012 are reproduced below.

I refer the Deputy to the former Solicitor General's report contained as an appendix to the SEB Comment on P.137/2016 which has been distributed to Members. Paragraphs 43-51 describe the circumstances surrounding the issue of a contract of employment and warrant careful reading. Those circumstances resulted in other contractual documents being sent in due course.

Job Advert

CONSULTANT IN OPHTHALMOLOGY (To commence Winter 2012)

Applicants are invited for the post of Consultant in Ophthalmology; a special interest in a sub specialty is desirable. This post is based at the General Hospital in Jersey. The postholder will work as part of a 1 in 4 rota.

The successful applicant will join a team with two Consultants and two middle grades in a Department that provides the sole eye care service to the population of Jersey and visitors to the Island. The postholder will be expected to share in the care of eye patients through Out Patient and Theatre Sessions and contribute to the management of the Eye Department along with training, teaching and audit.

Just off the north coast of France, Jersey is a thriving cosmopolitan offshore finance centre and enjoys one of the highest standards of living in the world. Renowned as the sunniest spot in the British Isles, tourists swell the population from 90,000 to 130,000 in the summer months. The island's 100 square kilometres of scenic countryside are encircled by soaring cliffs and 40 km of sandy beaches - exposed directly to the Atlantic breakers and home to a vibrant surfing community. Outdoor sporting opportunities on land, surf, sea and in the air abound. The Island's 450 miles of mostly quiet country roads & cycle routes are thoroughfares for both the famous local Jersey cows and regular national motor sport events & rallies; there are also several excellent golf courses. The island also boasts an enviable programme of international arts, music festivals and entertainments. Whether watching the sun set into the sea over a beach barbecue, dining out on award-winning international cuisine served up by Michelin-starred restaurants or club & bar hopping in the town centre is the end to your perfect day, Jersey has the lifestyle & the work environment you're looking for, combined with a maximum tax rate of 20% and excellent affordable private education for your children.

Under Jersey Law, applicants must possess full registration with the General Medical Council and hold a license to practice.

Please go to www.workingforjersey.gov.je where you will be able to view the job description and further information about this post. There will also be a link to enable you to make an application using our online process. For information about living in Jersey and the Island's lifestyle visit www.jersey.com

For an informal discussion about the role, applicants are invited to contact Mr Richard Downes, Consultant in Ophthalmology and Clinical Director for Surgery on xx (Secretary) or xx (Main Switchboard).

The closing date is Friday 22nd June 2012.

Pre-visits and interviews  will  take  place  on Tuesday  31st July  and Wednesday  1st August respectively.

Contract of Employment

Consultant Contract of Employment

(Permanent Appointment)

JERSEY VERSION

[NAME] Table of contents

Content Page The Post  2 The Work 3 Other Conditions of Employment 7 Pay 9 Pension 10 Leave & Holidays 10 Other Conditions 10

The Post

1. Parties to the Contract

The permanent contract is between the States Employment Board (hereinafter referred to as the Employer) and [ ]who is employed as a [ ]and (hereinafter referred to as the Employee).

The Employer is:The States Employment Board

Cyril Le Marquand House

The Parade

St Helier

Jersey

JE4 8QT

2. Date of Commencement of Employment

This Contract of Employment will become effective from [ ]. However previous service with the NHS, as a consultant, which commenced in [ ] has been takeninto account for annual/sick leave/seniority purposes.

3. General Mutual Obligations

Whilst it is necessary to set out formal employment arrangements in this contract, the Employer also

recognises that the Employee is a senior and professional member of staff who will usually work

unsupervised and frequently have the responsibility for making important judgments and decisions. It is essential therefore that the Employee and the Employer work in a spirit of mutual trust and confidence. The Employee and Employer agree to the following mutual obligations in order to achieve the best for

patients and to ensure the efficient running of the service:

• to co-operate with each other
• to maintain goodwill
• to carry out their respective obligations in agreeing and operating a Job Plan
• to carry out their respective obligations in accordance with appraisal arrangements
• to carry out their respective obligations in devising, reviewing, revising and following the organisation's policies, objectives, rules, working practicesand protocols.

The Work

4. Location

The Employee's principal place of work is Jersey. Other work locations, including off site working, may be agreed in the Employee's Job Plan where appropriate, e.g. for supporting professional activities and some direct clinical care such as audit notes. The Employee will generally be expected to undertake

their Programmed Activities at the principal place of work or other location agreed in the Job Plan.

Exceptions will include traveling between work sites and attending official meetings away from the

workplace.

The Employee may be required to work at any site determined by the Employer, including new sites.

5. Duties

1. Main Duties & Programmed Activities

Except in emergencies or where otherwise agreed with the Employee's manager, the Employee is responsible for fulfilling the duties and responsibilities and undertaking the Programmed Activities set

out in the Job Plan, as reviewed from time to time in line with the provisions in section 6 below.

2. Associated Duties

The Employee is responsible for the associated duties set out in Schedule 2 of the Terms and Conditions.

3. Objectives

The purpose of including agreed personal objectives in the Job Plan is to set out in clear and

transparent terms which the Employee and their manager have agreed should reasonably be achieved

in the year in question. These objectives are not contractually binding in themselves, but the Employee has a duty to make all reasonable efforts to achieve them.

4. On-call Duties & Emergency Responses

The Employee may also be required to participate in an on-call rota to provide emergency cover (see

section 9). When not on-call, the Employer may in exceptional circumstances ask the Employeeto

return to site for emergencies if the Employer is able to make contact. The Employee is not, however,

required to be available for such eventualities. Where emergency recalls of this kind become frequent, the Employer will review the on-call arrangements accordingly.

6. Job Planning

The Employee and their manager have agreed a prospective Job Plan that sets out the Employee's

main duties and responsibilities, a schedule for carrying out the Programmed Activities, the Employee's managerial responsibilities, accountability arrangements, objectives and supporting resources, as

appropriate.

The Employee and their manager will review the Job Plan annually in line with the provisions in Schedule 3 of the Terms and Conditions. Either may propose amendment of the Job Plan. The Employee will help ensure through participating in Job Plan reviews that the Job Plan meets the criteria set out in the Terms and Conditions and that it contributes to the efficient and effective use of Health

&Social Serivces resources.

7. Programmed Activities

1. Scheduling of Activities

The Employee and their Manager will agree in the schedule of the Job Plan the programmed activities

that are necessary to fulfill the Employee's duties and responsibilities, and the times and locations at

which these activities are scheduled to take place. The Employee and their Manager will seek to reach agreement in the scheduling of all activities. The Employer will not schedule non-emergency work

during premium time without the Employee's agreement.

Subject to the provisions for recognising work donein Premium Time (see section 8 below), a Programmed Activity has a timetable value of four hours. Each Programmed Activity may include a combination of duties.

The Employee's Job Plan will contain 10 Public Programmed Activities per week on average, subject to the provsions below for recognising emergency work arising from on-call rotas. Remuneration for Programmed Activities is set out in section 21 below and schedule 13 of the Terms and Conditions of

Service.

2. Flexibility

Attaching a time value to Programmed Activities is intended to provide greater transparency about the

level of commitment expected of Consultants by Health & Social Services. However, the Employee and their manager can agree flexible arrangements for timing of work.

Programmed Activities may be scheduled either as a single block of four hours, or sub-divided into smaller units of time.

The precise length of Programmed Activities may vary from week to week around the average assessment set out in the Job Plan.

The Employee and their Manager may agree, as part of the Employee's Job Plan, arrangements for the annualisation of Programmed Activities. In such a case, the Employee and their Manager will agree an annual number of Programmed Activities and the Employee's Job Plan will setout variations in the level

and distribution of Programmed Activities within the overall annual total.

The Employee and their Manager may agree, as part of the Employee's Job Plan, other arrangements for flexible scheduling of commitments over an agreed period of time.

3. Balance between Direct Clinical Care and other Programmed Activities

Subjec to the provisions for recognising emergency work arising from on-call rotas below, and time in

lieu of on-call work, the schedule in the Employee's Job Plan will typically include an average of 75% of

the Employee's time for Programmed Activities for Direct Clinical Care duties and 25% of the

Employee's time for Programmed Activities for Supporting Professional Activities. Where the

Employee's agreed level of duties in relation to supporting professional activities, additional

responsibilities and other duties is significantly greater or lower than 25% of programmed activities there will be a local agreement as to the appropriate balance between activities.

The precise balance will be agreed as part of Job Plan reviews and may vary to take account of circumstances where the agreed level of duties in relation to supporting professional activities, additional Health & Social Services responsibilities and external duties is significantly greater or lower than 25% of programmed activities.

4. External Duties

Where the Employee wishes to undertake external duties and include them in their Job Plan, the Employee must negotiate this with their Manager in advance. Scheduling of such duties will be by agreement between the Employee and their Manager. Where carrying out these external duties might affect the performance of direct clinical duties, the Employee must seek approval from their manager and agree a revised schedule of activities at least a month in advance.

5. Recognition For Emergency Work Arising From On-Call Duties

Where emergency work takes place at regular and predictable times, the Manager will seek to schedule it as part of the Programmed Activities in the Employee's Job Plan schedule. The Employee may,

however, be required to participate in an on-call rota to respond to less predictable emergencies.

The provisions in schedule 5 of the Terms and Conditions apply to recognise unpredictable emergency workarising from on-call rota duties that takes place other than during a Programmed Activity

scheduled in the Employee's Job Plan.

6. Extra Programmed Activities

The Employee and their Manager may agree that the Employee will undertake extra Programmed

Activities over and above the 10 Programmed Activities that constitute standard contractual duties. The Employee is not obliged to work more than a maximum of 10 Programmed Activities, however, where

the Employee does give their agreement to undertake additional work, the Employee must undertake

such activities. The remuneration for these activities is covered by section 21 below and schedules 13 of the Terms and Conditions. Any additional Programmed Activities that are carried out beyond the

standard 10 Programmed activities, will be paid at the rates set out in schedules 13 of the Terms and

Conditions.

8. Premium Time

From 1 April 2004the provisions in schedule 7 of the Terms and Conditions will apply to recognise the unsocial nature of work done in premium time and the flexibility needed by Consultants who work at these times as part of a more varied overall working pattern.

On any occasion where a Consultant is scheduled to work during the premium time period, the employing organisation will ensure that the Consultant has adequate rest both before and after this period of duty.

9. On-call & Emergency Duties

1. On-call Rotas

Where the Employee is on an on-call rota, the provisions in schedule 8 of the Terms and Conditions will apply.

The Employee's on-call duties will be set out in the published rota or in accordance with any alternative arrangements that the Employee agrees with their colleagues for providing on-call cover.

2. On-call Availability

Where the Employee is on an on-call rota, they will receive time off in lieu as recompense for the frequency and intensity of the rota, in accordance with the provisions of Schedule 8 of the Terms and Conditions.

OTHER CONDITIONS OF EMPLOYMENT

10. Registration Requirements

It is a condition of the Employee's employment that they are, and remain a registered practitioner and be included on the Specialist Register held by the General Medical Council (GMC) or General Dental Council (GDC) and continue to hold a license to practice.

The Employee must at all times work by the principles and values set out in the General Medical Council's Good Medical Practice. A copy of this can be found on-line at www.gmc-uk.org

The Employee must also be appropriately registered with the Royal Court of Jersey.

11. Fee Paying Services & Private Professional Services

1. Minimising Potential for Conflicts of Interest:

In carrying out any fee paying services or private professional services, the Employee will observe the

provisions in Schedule 9 of the Terms and Conditions in order to help minimise the risk of any perceived conflicts of interest to arise with their work for Health and Social Services.

2. Fee Paying Services & Health & Social Services Programmed Activities

(Examples of Fee Paying services are set out in Schedule 10 of the Terms and Conditions)

The Employee will not carry out Fee Paying Services during their programmed activities except where they have the agreementof their Manager. Where the Manager has agreed that the Employee may carry out Fee Paying Services during their Programmed Activities, the Employee will remit to the Employer the fees for such services except where the Employee and their Manager have agreed that providing these services involves minimal disruption to Health & Social Services duties. Schedule 11 Terms and Conditions contains guidance on this subject.

3. Private Professional Services & Health & Social Services Programmed Activities

Subjec to the provisions in Schedule 9 of the Terms and Conditions, the Employee may not carry out Private Professional Services duringtheir Programmed Activities.

4. Publications, lectures, public relations etc.

The Employee shall be free, with prior consent of the Employer,to publish books, articles, etc. and to deliver any lecture or speak, subject to the local policy on public relations limitations, whether on matters arising out of their Health & Social Services service or not.

12. Deductions from pay

The Employer will not make deductions from or variations to the Employee's salary other than those required by law without the Employee's express written consent.

13. Appraisal and Clinical Governance

The Health & Social Services appraisal scheme for senior medical staff applies to the Employee's post. The Employee must co-operate fully in the operation of the appraisal scheme. The Employee must also

comply with our clinical governance procedures.

14. Gifts and Gratuities

The Employee is required to comply with the States of Jersey policy governing the acceptance of gifts and hospitalities.

15. Policies and Procedures

The Employee is required to comply with the Employer's policies and procedures.

16. Grievance Procedures

The grievance procedures, which apply to this employment are set out in the Medical Staff Grievance Procedure (current policy attached).

17. Disciplinary Matters

Wherever possible, any issues relating to conduct, competence and behavior should be identified and resolved without recourse to formal procedures. However, should the Employer consider that the Employee's conduct or behavior may be in breach of the Consultant Disciplinary Code, or that the Employee's professional competence has been called into question, the Employer will resolve the matter through the disciplinary procedures, subject to the appeal arrangements set out in those procedures (current policy attached).

18. Intellectual Property

The Employee will comply with the Employer's procedures in respect of intellectual property which are in line with The NHS's Guidance on the Management of Intellectual Property.

19. Other Conditions of Service

The provisions in Schedule 12 of the Terms and Conditions will apply.

20. Redundancy

Wherever possible, redundancy will be avoided. However, if as a last resort the Consultant is to be made redundant, individual consideration will be given to redundancyterms. The above conditions may be varied at any time by the States Employment Board or the States of Jersey.

Pay

21. Salary

1. Basic Salary and Incremental progression

The Employee's basic salary commencementis [ ] per annum in line with [ ] of theNew Consultant Salary Scales.

This basic salary will increase in accordance with the provisions of Schedule 13 of the Terms and Conditions.

The Employee's Incremental date will be [ ]

The Employee's basic salary, together with any payments for extra Programmed Activities (see section 21 below), includes payment for all Contractual and Consequential Services.

2. Payment of salaries

Salaries are to be paid by equal monthly installments on the last working day of the month, or if that is an official holiday, on the normal working day before it. Payment is made directly to the Employee's bank account.

3. Payment for additional Programmed Activities

Any additional Programmed Activities that the Employee carries out, beyond the standard 10 Programmed Activities, will be paid at the rates set out in Schedules 13 of the Terms and Conditions.

22. Hours of work

The Employee's contract is based on a normal working week of 10 Programmed Activities. Each Programmed Activity has a notional value of 4 hours.

Pension

23. The provisions in Schedule 16 of the Terms and Conditions shall apply.

The Employee is eligible for membership of the PECRS. Pensionable pay will include basic salary (up to ten programmed activities, but not any additional programmed activ ties above this).

Leave and Holidays

24. Leave and Holidays

Schedule 17 of the Terms and Conditions sets out the Employee's entitlement in respect of:

• annual leave and public holidays
• professional and study leave
• sick leave
• special leave
• maternity, paternity and adoption leave

Other conditons

25. Expenses

The Employee is entitled to be paid expenses, which should be submitted in a timely manner (normally within one month), for:

• excess travel
• subsistence; and
• other expenses in accordance with study leave

26. Housing

This post has been made open to applicants from outside Jersey because of the need for skills not

readily available in the Island. The Employee will not therefore be permitted to transfer to other posts in the public service which are outside this specialist area for a period of 10 years.

27. Medical Defence subscriptions

The Health & Social Services Department requires that Consultants be fully subscribed members of a recognised professional defence organisation, or if objecting to such membership on grounds of conscience or some other grounds approved bythe Department, an insurance policy covering them in respect of any liability arising out of, or in connection with, their duties, and to produce to the Department the receipts of payment or renewal of subscription or premiums as the case may be.

A refund of part of the subscription payable is in accordance with Schedule 6 of the Terms and Conditions

28. Ionising Equipment

The Employee may only use, or be in contact with, ionising equipmentif they hold a Certificate of Training in accordance with the 1988 Ionising Radiation Regulations.

29. Termination of Employment

Provisions governing termination of employment are set out in Schedule 18 of the Terms and Conditions of Service.

30. Entire Terms

This contract and associated Terms and Conditions contain the entire terms and conditions of the

Employee's employment with the States Employment Board, such that all previous agreements,

practices and understandings between the Employee and the Employer (if any) are superceded and of

no effect. Where any external term is incorporated by reference such incorporation is only to the extent so stated and not further otherwise.

Signed: Date:

[ ],-Medical Staffing Officer