States Meeting Transcript - 12th March 2019

STATES OF JERSEY OFFICIAL REPORT TUESDAY, 12th MARCH 2019

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

1. Welcome to His Excellency the Lieutenant Governor .................................. 10
2. Welcome to Deputy I. Gardiner of St. Helier ............................................ 10

APPOINTMENT OF MINISTERS, COMMITTEES AND PANELS .......................... 10

2. Resignation of Deputy C.S. Alves of St. Helier from the Public Accounts Committee 10

3. Nomination of Deputy I. Gardiner of St. Helier as a member of the Environment, Housing and Infrastructure Scrutiny Pane .............................................. 10

3.1 Connétable M.K. Jackson of St. Brelade (Chairman, Environment, Housing and Infrastructure Scrutiny Panel): ............................................................ 10

4. Nomination of Deputy I. Gardiner of St. Helier as a member of the Public Accounts Committee .................................................................................. 10

4.1 Senator S.C. Ferguson (Chairman, Public Accounts Committee): ....................... 10

QUESTIONS ........................................................................................ 11

5. Written Questions .......................................................................... 11

1. DEPUTY K.F. MOREL OF ST. LAWRENCE OF THE CHIEF MINISTER REGARDING THE LICENCES ISSUED TO EMPLOY NON-QUALIFIED STAFF IN THE WHOLESALE AND RETAIL SECTORS: [WQ.127/2019] ...................... 11
2. DEPUTY K.F. MOREL OF ST. LAWRENCE OF THE MINISTER FOR THE ENVIRONMENT REGARDING THE USE OF FIELDS FOR HORSE-DRIVING EVENTS OR OTHER EQUINE ACTIVITIES: [WQ.128/2019] ........................ 11
3. DEPUTY L.M.C. DOUBLET OF ST. SAVIOUR OF THE MINISTER FOR HEALTH AND SOCIAL SERVICES REGARDING THE USE OF THE BIRTH POOL AT THE GENERAL HOSPITAL: [WQ.129/2019] ................................................ 14
4. DEPUTY R.J. WARD OF ST. HELIER OF THE MINISTER FOR SOCIAL SECURITY REGARDING THE REPAYMENT OF BENEFITS OVERPAYMENTS: [WQ.130/2019] ........................................................................... 15
5. DEPUTY R.J. WARD OF ST. HELIER OF THE MINISTER FOR ECONOMIC DEVELOPMENT, TOURISM, SPORT AND CULTURE REGARDING BUSKING PERMISSIONS: [WQ.131/2019] ........................................................ 16
6. DEPUTY R.J. WARD OF ST. HELIER OF THE MINISTER FOR EDUCATION REGARDING THE USE OF ADVISORS BY THE DEPARTMENT OF CHILDREN, YOUNG PEOPLE, EDUCATION AND SKILLS: [WQ.132/2019] .................... 16
7. DEPUTY K.G. PAMPLIN OF ST. SAVIOUR OF THE CHAIRMAN OF THE STATES EMPLOYMENT BOARD REGARDING ABSENCES BY STATES OF JERSEY EMPLOYEES DUE TO REASONS CONNECTED WITH MENTAL HEALTH: [WQ.133/2019] ........................................................................... 17

8. DEPUTY K.G. PAMPLIN OF ST. SAVIOUR OF THE MINISTER FOR CHILDREN AND HOUSING REGARDING THE SUPPORT PROVIDED TO PEOPLE WITH MENTAL HEALTH CONDITIONS APPLYING FOR SOCIAL HOUSING OR HOUSING SUPPORT: [WQ.134/2019] ................................................. 18
9. DEPUTY K.G. PAMPLIN OF ST. SAVIOUR OF THE MINISTER FOR EDUCATION REGARDING THE PROCESSES IN PLACE TO TACKLE THE EARLY STAGES OF MENTAL HEALTH PROBLEMS AMONGST SCHOOL-AGED CHILDREN: [WQ.135/2019] ........................................................................... 19
10. DEPUTY K.G. PAMPLIN OF ST. SAVIOUR OF THE MINISTER FOR HEALTH AND SOCIAL SERVICES REGARDING INSTANCES OF SELF-HARM AND SUICIDE ATTEMPTS: [WQ.136/2019]................................................. 24
11. DEPUTY K.G. PAMPLIN OF ST. SAVIOUR OF THE MINISTER FOR HEALTH AND SOCIAL SERVICES REGARDING THE REPORT ENTITLED PREVENTION OF SUICIDE IN JERSEY: A FRAMEWORK FOR ACTION 2015-2020': [WQ.137/2019] ........................................................................... 26
12. DEPUTY J.M. MAÇON OF ST. SAVIOUR OF THE MINISTER FOR TREASURY AND RESOURCES REGARDING THE BIDS SUBMITTED TO THE INVESTMENT APPRAISAL BOARD: [WQ.138/2019] ................................................. 33
13. DEPUTY M.R. LE HEGARAT OF ST. HELIER OF THE MINISTER FOR HEALTH AND SOCIAL SERVICES REGARDING THE SUSPENSION OF CONSULTANTS AT THE GENERAL HOSPITAL: [WQ.139/2019] ...................................... 34
14. DEPUTY M.R. LE HEGARAT OF ST. HELIER OF THE CHAIRMAN OF THE STATES EMPLOYMENT BOARD REGARDING THE ONEGOV' MODERNISATION PROGRAMME: [WQ.140/2019] .................................. 35
15. DEPUTY C.S. ALVES OF ST. HELIER OF THE MINISTER FOR SOCIAL SECURITY REGARDING THE RECOVERY OF OVERPAYMENTS OF INCOME SUPPORT: [WQ.141/2019] .............................................................. 36
16. DEPUTY C.S. ALVES OF ST. HELIER OF THE MINISTER FOR HOME AFFAIRS REGARDING THE MONITORING OF POLICE C.C.T.V. CAMERAS: [WQ.142/2019] ........................................................................... 37
17. DEPUTY C.S. ALVES OF ST. HELIER OF THE CHAIRMAN OF THE STATES EMPLOYMENT BOARD REGARDING THE PAYMENT OF THE LIVING WAGE TO THE EMPLOYEES OF SUB-CONTRACTORS ENGAGED BY THE STATES OF JERSEY: [WQ.143/2019] ................................................................ 37
18. DEPUTY R.J. WARD OF ST. HELIER OF THE MINISTER FOR TREASURY AND RESOURCES REGARDING THE GRANT TO THE JERSEY COLLEGE FOR GIRLS TO ENABLE CHINESE STUDENTS TO ATTEND THE SCHOOL: [WQ.144/2019] 38
19. THE CONNÉTABLE OF ST. HELIER OF THE MINISTER FOR THE ENVIRONMENT REGARDING THE TIMETABLE FOR DEVELOPMENT OF THE NEW ISLAND PLAN: [WQ.145/2019] .................................................. 38
20. THE CONNÉTABLE OF ST. HELIER OF THE MINISTER FOR INFRASTRUCTURE REGARDING TRAFFIC SAFETY IN MIDVALE ROAD AND ST. JOHN'S ROAD: [WQ.146/2019] .................................................... 39
21. THE CONNÉTABLE OF ST. HELIER OF THE MINISTER FOR EDUCATION REGARDING THE EXTENSION OF ROUGE BOUILLON SCHOOL: [WQ. 147/2019] ................................................................................. 41
22. THE CONNÉTABLE OF ST. HELIER OF THE MINISTER FOR TREASURY AND RESOURCES REGARDING THE PROPOSED MERGING OF LIBERATION SQUARE AND WEIGHBRIDGE PLACE: [WQ.148/2019] ............................ 41

23. THE CONNÉTABLE OF ST. HELIER OF THE MINISTER FOR INFRASTRUCTURE REGARDING THE FUTURE OF PIQUET HOUSE: [WQ.149/2019] ........................................................................... 42
24. DEPUTY M. TADIER OF ST. BRELADE OF THE MINISTER FOR EDUCATION REGARDING THE 14+ TRANSFER: [WQ.150/2019] ................................. 42
25. DEPUTY S.M. WICKENDEN OF ST. HELIER OF THE MINISTER FOR TREASURY AND RESOURCES REGARDING VARIOUS TRANSFERS OF HEADS OF EXPENDITURE LISTED IN THE TRANSITION REPORT' (R.155/2018): [WQ.151/2019] ........................................................................... 42
26. DEPUTY C.S. ALVES OF ST. HELIER OF THE MINISTER FOR SOCIAL SECURITY REGARDING INCOME SUPPORT PAYMENTS: [WQ.152/2019] ...... 43

6. Oral Questions ............................................................................. 45

1. Deputy S.M. Ahier of St. Helier of the Minister for Economic Development, Tourism, Sport and Culture regarding the level of stakes permitted on fixed-odds betting terminals: [OQ.62/2019] ................................................................... 45

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

............................................................................................ 45

1. Deputy S.M. Ahier : ....................................................................... 45
2. Deputy M.R. Higgins of St. Helier : ...................................................... 45
3. Deputy S.M. Ahier : ....................................................................... 46

2. Senator S.Y. Mézec of the Chairman of the Privileges and Procedures Committee regarding the timetable for development of a proposition by the Committee to establish the office of elected Speaker: [OQ.61/2019] ................................... 46

Deputy R. Labey of St. Helier (Chairman, Privileges and Procedures Committee) ............ 46

1. Deputy S.Y. Mézec : ...................................................................... 46
2. Senator S.C. Ferguson: ................................................................... 47
3. Deputy M. Tadier of St. Brelade :......................................................... 47
4. Deputy M. Tadier : ........................................................................ 47
5. Senator I.J. Gorst : ........................................................................ 47
6. Deputy S.Y. Mézec : ...................................................................... 48

3. Deputy I. Gardiner of St. Helier of the Minister for Infrastructure regarding the maintenance and improvement of community facilities at the former La Pouquelaye Primary School: [OQ.66/2019] ............................................................ 48

Deputy K.C. Lewis of St. Saviour (The Minister for Infrastructure): .......................... 48

1. Deputy I. Gardiner : ....................................................................... 48
2. Senator S.C. Ferguson: ................................................................... 48
3. Deputy G.P. Southern of St. Helier : ...................................................... 49
4. Connétable A.S. Crowcroft of St. Helier : ................................................ 49
5. Deputy M.R. Higgins: .................................................................... 49
6. Deputy M.R. Higgins: .................................................................... 49
   7. Deputy I. Gardiner : ....................................................................... 49

4. Deputy M. Tadier of the Minister for Health and Social Services regarding the issues recently highlighted by Les Amis in relation to staff shortages and their consequential effects: [OQ.73/2019] ...................................................................... 50

Deputy R.J. Renouf of St. Ouen (The Minister for Health and Social Services): .............. 50

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

3. Deputy G.P. Southern : .................................................................... 50
4. Deputy K.F. Morel of St. Lawrence : ..................................................... 51
5. Senator S.C. Ferguson: ................................................................... 51
6. Senator S.C. Ferguson: ................................................................... 51
7. Deputy M. Tadier : ........................................................................ 52

5. Deputy G.P. Southern of the Chief Minister regarding the development of a productivity plan to assist low-paid sectors of the economy: [OQ.72/2019] ........... 52

Senator J.A.N. Le Fondré (The Chief Minister): ............................................... 52

1. Deputy G.P. Southern : .................................................................... 52
2. Deputy S.G. Luce of St. Martin : .......................................................... 53
3. Deputy J.M. Maçon of St. Saviour: ...................................................... 53
4. Deputy J.H. Perchard of St. Saviour : ..................................................... 53
5. Deputy G.P. Southern : .................................................................... 53
   6. Deputy K.F. Morel of the Chief Minister regarding the action taken in response to cross- party amendments to the Financial Services (Implementation of Legislation) Bill in the U.K. House of Commons: [OQ.68/2019] ................................................ 54 Senator J.A.N. Le Fondré (The Chief Minister): ............................................... 54

1. Deputy K.F. Morel : ....................................................................... 54
2. Deputy K.F. Morel : ....................................................................... 54

7. Senator K.L. Moore of the Minister for Education regarding the provision of funding for a Policy Development Board: [OQ.56/2019] ......................................... 55

Senator T.A. Vallois (The Minister for Education): ............................................ 55

1. Senator K.L. Moore : ...................................................................... 55
2. The Connétable of St. Helier : ............................................................ 55
3. The Connétable of St. Helier : ............................................................ 56
4. Deputy S.M. Wickenden of St. Helier : ................................................... 56
5. Deputy J.H. Perchard: .................................................................... 56
6. Deputy J.H. Perchard: .................................................................... 56
7. Senator K.L. Moore : ...................................................................... 57

8. Deputy S.M. Wickenden of the Attorney General regarding the legal responsibilities of the Minister for Home Affairs in relation to the appointment of the Chief Officer and Deputy Chief Officer of the States of Jersey Police: [OQ.57/2019] ................ 57

Mr. R.J. MacRae , H.M. Attorney General (The Attorney General): ........................... 58

1. Deputy M. Tadier : ........................................................................ 58
2. Deputy R. Labey : ......................................................................... 58
3. Deputy M. Tadier : ........................................................................ 58
4. Deputy M. Tadier : ........................................................................ 58
5. Deputy M.R. Higgins: .................................................................... 59

9. Deputy R. Labey of the Minister for Infrastructure regarding the hemp-growing contract at Warwick Farm: [OQ.59/2019] ............................................... 59

Deputy K.C. Lewis (The Minister for Infrastructure): .......................................... 59

1. The Deputy of St. Martin : ................................................................ 59
2. Deputy M. Tadier : ........................................................................ 59
3. Deputy R.J. Ward of St. Helier : .......................................................... 60
4. The Deputy of St. Martin : ................................................................ 60

10. Deputy K.G. Pamplin of St. Saviour of the Minister for Health and Social Services regarding the action taken to combat staff shortages in the care sector: [OQ.70/2019] 61

The Deputy of St. Ouen (The Minister for Health and Social Services): ...................... 61

1. Deputy K.G. Pamplin: ................................................................. 61
2. Deputy G.P. Southern : ................................................................ 61
3. Deputy M. Tadier : ..................................................................... 62
4. Deputy R.J. Ward : ..................................................................... 62
5. Deputy K.G. Pamplin: ................................................................. 62

11. Senator S.C. Ferguson of the Minister for Treasury and Resources regarding the steps which had been taken to prevent any further episodes of contaminated soil being flushed out by excavations for the Horizon development: [OQ.65/2019] .............. 63

Deputy L.B.E. Ash of St. Clement (Assistant Minister for Treasury and Resources -

rapporteur): ............................................................................... 63

1. Senator S.C. Ferguson: ................................................................ 63
2. Deputy R. Labey : ...................................................................... 63
3. Deputy K.F. Morel : .................................................................... 63
4. Senator S.C. Ferguson: ................................................................ 64

12. Deputy R.J. Ward of the Minister for Treasury and Resources regarding Supply Jersey: [OQ.63/2019] ...................................................................... 64

Deputy S.J. Pinel (The Minister for Treasury and Resources):................................. 64

1. Deputy R.J. Ward : ..................................................................... 64
2. Deputy K.F. Morel : .................................................................... 65
3. Deputy K.F. Morel : .................................................................... 65
4. Deputy J.H. Perchard: ................................................................. 65
5. Deputy R.J. Ward : ..................................................................... 65

13. Deputy G.P. Southern of the Minister for Treasury and Resources regarding the funding of Jersey Finance: [OQ.75/2019] ................................................ 66

Deputy S.J. Pinel (The Minister for Treasury and Resources):................................. 66

1. Deputy G.P. Southern : ................................................................ 66
2. Deputy M. Tadier : ..................................................................... 66
3. The Connétable of St. Helier : .......................................................... 67
4. Senator S.C. Ferguson: ................................................................ 67
5. Deputy J.M. Maçon: ................................................................... 67
6. Deputy K.F. Morel : .................................................................... 68
7. Deputy G.P. Southern : ................................................................ 68

14. Deputy S.M. Wickenden of the Chief Minister regarding publication of the consolidated list of ministerial responsibilities under Article 30A of the States of Jersey Law 2005: [OQ.58/2019] .......................................................... 68

Senator J.A.N. Le Fondré (The Chief Minister): ............................................... 68

1. Deputy S.M. Wickenden: .............................................................. 68
2. Deputy S.M. Wickenden: .............................................................. 69

15. Deputy R. Labey of the Minister for Infrastructure regarding registration documents accepted by the Driver and Vehicle Standards department: [OQ.60/2019] ........... 69

Deputy K.C. Lewis (The Minister for Infrastructure): .......................................... 69

1. Deputy R. Labey : ...................................................................... 69

2. Deputy R. Labey : ...................................................................... 69
3. The Connétable of St. Brelade : ........................................................ 70
4. Deputy S.M. Wickenden: .............................................................. 70

16. Deputy K.F. Morel of the Assistant Chief Minister regarding the licences issued in respect of non-qualified staff: [OQ.69/2019] ............................................. 70

Connétable C.H. Taylor of St. John (Assistant Chief Minister): ............................... 70

1. Deputy K.F. Morel : .................................................................... 70
2. Deputy K.F. Morel : .................................................................... 71

17. Deputy M. Tadier of the Minister for Education regarding a review of the provision of sixth-form education in the Island: [OQ.74/2019].................................... 71

Senator T.A. Vallois (The Minister for Education): ............................................ 71

1. Deputy M. Tadier : ..................................................................... 71
2. Deputy M. Tadier : ..................................................................... 71

18. Deputy K.G. Pamplin of the Minister for Health and Social Services regarding the action to be taken in response to Assessment of Mental Health Services' (S.R.4/2019): [OQ.71/2019] ............................................................................... 72

The Deputy of St. Ouen (The Minister for Health and Social Services): ...................... 72

1. Deputy K.G. Pamplin: ................................................................. 72
2. Deputy K.G. Pamplin: ................................................................. 73

19. Deputy R.J. Ward of the Chief Minister regarding measures to assist Islanders on low incomes with preparations for the impact of Brexit: [OQ.64/2019] .................... 73

Senator J.A.N. Le Fondré (The Chief Minister): ............................................... 73

1. Deputy R.J. Ward : ..................................................................... 73
2. Deputy M. Tadier : ..................................................................... 74
3. Deputy K.F. Morel : .................................................................... 74
4. Deputy R.J. Ward : ..................................................................... 74

20. Deputy I. Gardiner of the Minister for the Environment regarding the plans to combat the threat of the Asian Hornet to the Island's bees and pollinators: [OQ.67/2019] ............................................................................... 75

Deputy J.H. Young of St. Brelade (The Minister for the Environment): ....................... 75

1. Deputy I. Gardiner : .................................................................... 75
2. The Deputy of St. Martin : ............................................................. 75
3. Deputy R.J. Ward : ..................................................................... 76

7. Questions to Ministers without notice - The Minister for Social Security ............. 76

1. Deputy K.F. Morel : ....................................................................... 76 Deputy J.A. Martin of St. Helier (The Minister for Social Security): .......................... 76
2. Deputy S.M. Ahier : ....................................................................... 77
3. The Deputy of St. Martin : ................................................................ 77
4. Deputy G.J. Truscott of St. Brelade : ...................................................... 77
5. Deputy K.G. Pamplin:.................................................................... 77
6. Deputy R.J. Ward :........................................................................ 78
7. Deputy M.R. Le Hegarat of St. Helier : ................................................... 79
8. Senator K.L. Moore : ...................................................................... 79
9. Deputy R. Labey : ......................................................................... 79
10. Deputy K.F. Morel : ....................................................................... 79
11. Deputy G.J. Truscott: ..................................................................... 80

12. Deputy K.F. Morel : ....................................................................... 80

8. Question to Ministers without notice - The Minister for Home Affairs ................ 81

1. The Connétable of St. Helier : ............................................................ 81 Connétable L. Norman of St. Clement (The Minister for Home Affairs): ...................... 81

1. The Connétable of St. Helier : ............................................................ 81
   2. Deputy S.M. Wickenden: ................................................................. 81
   3. Deputy L.M.C. Doublet : .................................................................. 82
   4. Deputy S.M. Ahier : ....................................................................... 82
   5. Deputy J.M. Maçon: ...................................................................... 82
   6. Deputy R.E. Huelin of St. Peter : .......................................................... 83
   7. Deputy K.G. Pamplin:.................................................................... 83
   8. Deputy M.R. Le Hegarat :................................................................. 83
   9. Connétable D.W. Mezbourian of St. Lawrence : .......................................... 84
   10. Senator K.L. Moore : ...................................................................... 84
   11. Deputy K.F. Morel : ....................................................................... 85 Deputy S.M. Wickenden: ....................................................................... 85 Deputy S.J. Pinel: ............................................................................... 85

STATEMENTS ON A MATTER OF OFFICIAL RESPONSIBILITY ........................ 86

9. The Chief Minister will make a statement regarding cooperation between the Government of Jersey and the Crown Dependencies of Guernsey and the Isle of Man .............................................................................................. 86

9.1 Senator J.A.N. Le Fondré (The Chief Minister): ......................................... 86

1. The Deputy of St. Martin : ................................................................ 87
2. The Connétable of St. Brelade : ........................................................... 88

3. The Deputy of St. Martin : ................................................................ 88

10. The Minister for External Relations will make a statement regarding the response to proposed amendments to the United Kingdom Financial Services (Implementation of Legislation) Bill purporting to legislate for Jersey ...................................... 88

10.1 Senator I.J. Gorst (The Minister for External Relations): ................................ 88

1. Deputy G.P. Southern : ................................................................ 90
2. Deputy M.R. Le Hegarat : .............................................................. 90
3. Deputy M.R. Higgins: ................................................................. 91
4. The Connétable of St. Brelade : ........................................................ 91
5. Deputy D. Johnson of St. Mary : ....................................................... 92
6. Deputy K.F. Morel : .................................................................... 92
7. Deputy M. Tadier : ..................................................................... 92
8. Deputy M. Tadier : ..................................................................... 93

LUNCHEON ADJOURNMENT PROPOSED ................................................... 93 ADJOURNMENT .................................................................................. 94

PUBLIC BUSINESS ................................................................................ 94

11. Draft European Union (United Kingdom Exit - Animal Health and Welfare) (Jersey) Regulations 201- (P.9/2019) ............................................................... 94

11.1 Deputy G.C. Guida of St. Lawrence (Assistant Minister for the Environment - rapporteur): ............................................................................... 94

1. The Connétable of St. Brelade : ........................................................ 95

2. Deputy S.M. Wickenden: .............................................................. 95
3. Deputy G.C. Guida: .................................................................... 95

12. Draft European Union (Amendment - Withdrawal Agreement) (Jersey) Regulations 201- (P.10/2019) ............................................................................ 97

12.1 Senator I.J. Gorst (The Minister for External Relations): ................................ 97

13. Draft European Union (Financial Services - Miscellaneous Amendments) (Jersey) Regulations 201- (P.11/2019) .............................................................. 99

1. Connétable R.A. Buchanan of St. Ouen (Assistant Minister for External Relations - rapporteur): ............................................................................... 99
2. The Connétable of St. Ouen : ............................................................ 102
3. The Connétable of St. Ouen : ............................................................ 102

1. Deputy K.F. Morel : .................................................................. 102
2. Senator I.J. Gorst : .................................................................... 102
3. The Connétable of St. Ouen : ......................................................... 103
   4. The Connétable of St. Ouen : ............................................................ 104

14. Draft Immigration (Relevant Biometric Information) (Jersey) Regulations 201- (P.12/2019) ................................................................................ 104

14.1 The Connétable of St. Clement (The Minister for Home Affairs):...................... 105

15. Rental price caps law to limit rental prices to reasonable rents (consideration in committee) ................................................................................ 107

15.1 Deputy R. Labey (Chairman, Privileges and Procedures Committee): ................. 107

1. Senator S.Y. Mézec (The Minister for Children and Housing): ..................... 107
2. Deputy J.H. Young: .................................................................. 110
3. Deputy S.M. Wickenden: ............................................................ 112
4. Deputy J.M. Maçon: .................................................................. 113
5. Deputy M.R. Higgins: ................................................................ 115
6. Deputy M. Tadier : .................................................................... 116
7. Deputy R.J. Ward : .................................................................... 118
8. The Deputy of St. Martin : ............................................................ 120
9. The Connétable of St. John : .......................................................... 121
10. The Deputy of St. Mary : .......................................................... 122
11. Connétable J. Le Bailly of St. Mary : .............................................. 123
12. Senator S.C. Ferguson:............................................................ 123
13. Deputy J.H. Perchard: ............................................................. 124
14. Deputy G.P. Southern : ............................................................ 125
15. Deputy I. Gardiner : ................................................................ 126
16. Deputy K.G. Pamplin: ............................................................. 127
17. Senator T.A. Vallois: .............................................................. 129
18. Deputy K.F. Morel : ................................................................ 131
19. The Deputy of St. Peter : ........................................................... 132
20. Deputy G.C. Guida: ............................................................... 133
21. Senator S.Y. Mézec :............................................................... 135

ARRANGEMENT OF PUBLIC BUSINESS FOR FUTURE MEETINGS................... 135

16. Deputy R. Labey (Chairman, Privileges and Procedures Committee): ................. 135

16.1 Deputy M.R. Le Hegarat :................................................................ 136

ADJOURNMENT ................................................................................. 136

[9:36]

The Roll was called and the Dean led the Assembly in Prayer.

COMMUNICATIONS BY THE PRESIDING OFFICER The Bailiff :

1. Welcome to His Excellency the Lieutenant Governor

First of all, I am very pleased to welcome, on Members' behalf, His Excellency to the sitting. [Approbation]

2. Welcome to Deputy I. Gardiner of St. Helier

May I also congratulate Deputy Gardiner on her election and welcome her to the Assembly? [Approbation]

APPOINTMENT OF MINISTERS, COMMITTEES AND PANELS

2. Resignation of Deputy C.S. Alves of St. Helier from the Public Accounts Committee The Bailiff :

I first have to inform Members that I received the resignation of Deputy Alves from the Public Accounts Committee and we will come to that in just a moment.

3. Nomination of Deputy I. Gardiner of St. Helier as a member of the Environment, Housing and Infrastructure Scrutiny Pane

The Bailiff :

Connétable of St. Brelade , you have a nomination?

3.1   Connétable M.K. Jackson of St. Brelade (Chairman, Environment, Housing and Infrastructure Scrutiny Panel):

I would like to nominate Deputy Gardiner as a member of the Environment, Housing and Infrastructure Scrutiny Panel. She has expressed her interest in environmental matters, and I am sure her presence on the panel will be an attribute.

The Bailiff :

Is it seconded? [Seconded] Any other nominations? Then Members agree, Deputy Gardiner is appointed to the panel. [Approbation]

4. Nomination of Deputy I. Gardiner of St. Helier as a member of the Public Accounts Committee

The Bailiff :

Senator Ferguson, are you in a position to nominate anyone to the Public Accounts Committee?

4.1  Senator S.C. Ferguson (Chairman, Public Accounts Committee):

I am first of all grateful to Deputy Alves for her forbearance over the past few months. I am delighted to propose Deputy Gardiner , who has agreed to join us at Public Accounts. She will bring a wealth of experience and expertise, with the added bonus that the distaff proportion of those sitting round the table will now be in the majority.

The Bailiff :

Is that seconded? [Seconded] Are there any other nominations? Then I declare Deputy Gardiner has been elected as a member of the Public Accounts Committee. [Approbation]

QUESTIONS

5. Written Questions [9:45]

1. DEPUTY K.F. MOREL OF ST. LAWRENCE OF THE CHIEF MINISTER REGARDING THE LICENCES ISSUED TO EMPLOY NON-QUALIFIED STAFF IN THE WHOLESALE AND RETAIL SECTORS: [WQ.127/2019]

Question

How many licences to employ non-qualified staff were removed from the wholesale/retail sector in 2018 and what percentage does this constitute of the total number of such licences removed from all sectors?

How many licences to employ non-qualified staff remain in circulation within the wholesale / retail sector?

Answer

1. Registered permissions removed from wholesale/retail sector = 114
2. Percentage as of total from all sectors = 15%
3. Registered permissions available within wholesale/retail sector = 867 Business licensing publish data each quarter. See below for December 2018.

https://www.gov.je/Government/Departments/CustomerLocalServices/Pages/PopulationOfficeRep orts.aspx

2. DEPUTY K.F. MOREL OF ST. LAWRENCE OF THE MINISTER FOR THE ENVIRONMENT REGARDING THE USE OF FIELDS FOR HORSE-DRIVING EVENTS OR OTHER EQUINE ACTIVITIES: [WQ.128/2019]

Question

How many fields have been approved for change of use from agricultural to horse driving events or other equine activities (a) since 1st Jan 2018, (b) between 1st Jan 2016 and 31 December 2017 and (c) between 1st Jan 2014 and 31st December 2015?

Answer

It is not possible to answer this question in full. While there are two independent Laws in Jersey that control the use of agricultural land, neither control nor capture all changes of use from agricultural use to horse driving events or other equine activity.

The two laws are as follows:

Agricultural Land (Control of Sales and Leases) (Jersey) Law 1974

The purpose of this Law is to control the occupation and use of agricultural land and ensure that a stable,  viable  agricultural  land  bank  is  retained  for  the  farming  industry.  The  Law  covers approximately 65% of the farmable land area of the Island, with land owned or inherited pre the law being exempt from restrictions. Therefore, equine use on areas of land without restrictions is allowed and not recorded.

General points in relation to the 1974 Law:

• Since 1974, conditions have generally been placed on larger farmable land when it is sold or gifted that exclude the use of the land for grazing of equine animals.
• Land that has previously been used for equine activities may not have equine restrictions imposed when the land is sold or gifted.
• Short term grazing of equines on land with conditions is allowed if this forms part of an agreed rotation practice.
• Land inherited since the Law came into force retain any conditions that existed on the land pre- inheritance.

The 2006 Rural Economic Strategy recognised the keeping and grazing of horses for commercial purposes and the breeding and keeping of livestock (including horses) as agricultural activities. Since 2006 equine activities could and have been approved under the Law by long term license.

The table below sets out the number of fields (and associated vergees) where conditions existed under the Law that excluded the use of grazing of equine animals and permission was given under license for a 3 year period for equine use. Licenses are only issued following a request by the land owner for a reduction in conditions and an advertising process to assess the agricultural need.

In addition, any new equine business who submits a business plan may receive approval under license to occupy agricultural land with conditions for the use of equine activities. While records kept do not capture the number of fields associated to new equine businesses, approximately 100 vergees of land have been licenced in this way between 2014 and 2019.

Planning and Building (Jersey) Law 2002

One of the purposes of this Law is to establish a plan for the sustainable development of land and to control development in accordance with the Island Plan.

The use of agricultural fields for the grazing of livestock (including horses) or horse driving events is generally regarded as an agricultural activity and does not normally require planning permission. The permanent change to some recreational equine activity, such as the creation of a sand school or a horse-driving arena, or the construction of stables may require planning permission.

The Law allows the Minister for the Environment by Order to grant planning permission in respect of a class or classes of development specified in the Order. The Planning and Building (General Development) (Jersey) Order 2011 (GDO) sets out these classes of development that have planning permission, generally referred to a permitted development'.

Up until the 29th December 2016, the GDO allowed as permitted development, subject to certain conditions, the erection of a structure on agricultural land to shelter livestock, and the creation of an equestrian  sand  school  for  private  use  on  agricultural  land.  The  GDO  did  not  permit  such development on Listed Buildings and Places, or where the works involve excavation of ground, or the land or building is in an area of archaeological potential (AAP). The effect of the order means that only some equestrian developments are required to pass through the planning process and become a matter of public record, as part of the Minster's Register of Planning Applications (published on Gov.je).

From the 30th December 2016 the GDO was amended to included changes to the conditions that sit against the permitted development rights for the construction of shelters for livestock; this had the effect of further limiting the size and number of shelters that may be erected without the need for planning consent. On this same date, permitted development rights for the creation of equestrian sand schools were entirely removed from the GDO; meaning that all sand schools on agricultural land have since required planning consent and will be held on the Minister's Register. Given these evolving regulatory parameters and the continued existence of permitted development rights under the GDO, it is impossible to accurately report, or even estimate, the number equestrian changes of use that might have taken place during the periods requested by Deputy Morel .

The Minister's Statutory Register of Planning Applications (published on gov.je) includes a record of every planning application submitted in relation to the period referred to in the question. However, because of the large variance in the application descriptions used by applicants, a search of the database may not find all of the results to satisfy the inquiry. Attached is a report created by the Planning department from the database. It shows all approved applications which contain the word horse' in the description, between the dates requested.

If the Deputy would like detailed information on a specific field, I can ask officers to review the records held and provide full information relating to that site.

Application description containing: "horse" DECISION DATE from 01/01/2014 to 05/03/2019

Ref No.   Validate Address   Proposal Decision Decision Date

P/2016/1401  06/10/2016  Field No. B978, La Route du  Proposed  formation of all-weather equestrian riding  APPROVED  05/06/17

Francfief, St. Brelade  area (including site levelling, compacted hardcore

base with Activ-track topping within perimeter

retaining boards and associated landscaping) for use

P/2016/0009  13/01/2016  Field No. 494, La Rue des Buttes  Construct  store, tackroom and office to North of field  APPROVED  19/05/16

St. Martin  with hardstanding for race horse training and livery

business. Change of use of sandschool to use by race

horse training and livery business. Construct reservoir

P/2017/0431  05/04/2017  Le Jardin Mure, La Rue de la  Construct  horse stable and store to South of existing  APPROVED  19/06/17

Ville au Neveu, St. Ouen  site.

MS/2017/0478  12/04/2017  Les Landes Racecourse, Le  Construct  member's marquee for the horse racing  APPROVED  22/06/17

Chemin du Chateau, St. Ouen  season (April-September) and to hold up to six corporate and/or private events within a season for a 2

year period during 2017 and 2018.

P/2014/0135  28/01/2014  Les Landes Racecourse, Le  Retention and use of

members marquee for holding  APPROVED  29/05/14

Chemin du Chateau, St. Ouen  corporate and private events up to six times per year. AMENDED DESCRIPTION: Use of marquee by

members for the horse racing season

P/2016/1060  04/08/2016  Field No. 1053, La Rue de la  Construct 3 No. bay horse stables.  APPROVED  07/11/16

Chesnaie, St. John

RC/2015/1933  31/12/2015  Les Landes Racecourse, Le  Vary Conditions 3, 4 and 6 to P/2014/0135 (Use of  APPROVED  22/03/16

Chemin du Chateau, St. Ouen  marquee by members for the horse racing season (April-September) and to hold up to six corporate &/or

private events within the season) to enable continued

RC/2016/1725  06/12/2016  The Elms, La Cheve Rue, St.  Vary  standard condition A (to commence within 5  APPROVED  07/03/17

Mary  years) to extend permission P/2012/1176 (Restoration

of the horse stable, pigsty and potato loft and

conversion of the first floor of the potato loft to a

P/2018/1333  25/09/2018  Field No. L474, La Rue du Vard  Change  of  use  of Field L474 from agricultural to horse  APPROVED  21/02/19

St. Lawrence  driving events. Retrospective: Install 2 No. sheds and 1No. judging shed to North of site.

P/2018/0063  24/01/2018  Field No. O1471, La Rue de  Construct  three  bay horse stable to South-West of  APPROVED  20/03/18

Grantez St. Ouen  site.

3. DEPUTY L.M.C. DOUBLET OF ST. SAVIOUR OF THE MINISTER FOR HEALTH AND SOCIAL SERVICES REGARDING THE USE OF THE BIRTH POOL AT THE GENERAL HOSPITAL: [WQ.129/2019]

Question

Can the Minister indicate whether women are routinely offered use of the birth pool at the General Hospital when in labour?

How many women used the birth pool in each of 2016, 2017 and 2018 and how many requests to use the pool were refused in each of those years?

In terms of planning for the provision of such facilities in the future General Hospital, what best practice guidelines is the Minister proposing to follow? What plans does the Minister have to consult with families on the provision of maternity facilities and when does he propose for such consultation to take place? Will the Minister also consult on the provision of facilities for the other parent to stay overnight in the Hospital with the mother and baby?

Answer

Can the Minister indicate whether women are routinely offered use of the birth pool at the General Hospital when in labour?

Women are routinely offered use of the birthing pool as part of their care in labour. All women who choose to use the pool are subject to a risk assessment. Many women use the pool for some time during labour, but do not remain in the pool for delivery.

How many women used the birth pool in each of 2016, 2017 and 2018 and how many requests to use the pool were refused in each of those years?

The number of women using the pool was as follows:

2016  81 women used the pool during labour

12 women delivered in the pool

2017  80 women used the pool during labour

24 women delivered in the pool

2018  57 women used the pool during labour

28 women delivered in the pool

Easily accessible information on the number of women who were refused use of the pool is not kept, but refusal would only have occurred following a robust risk assessment.

In terms of planning for the provision of such facilities in the future General Hospital, what best practice guidelines is the Minister proposing to follow?

Best practice – informed by reports from the Department of Health, National Institute for Health and Care Excellence and the NHS – is to provide pools within a consultant-led facility and alongside a midwifery-led facility. Pools will also be available for women who wish to deliver at home.

What plans does the Minister have to consult with families on the provision of maternity facilities and when does he propose for such consultation to take place? Will the Minister also consult on the provision of facilities for the other parent to stay overnight in the Hospital with the mother and baby?

Health and Community Services is working on a strategy that will see greater service user involvement in how maternity services are delivered, including a working group that will consider how best to engage with and respond to the opinions of parents. Any future refurbishments to the maternity unit would be informed by such initiatives.

At present, the department encourages women to share their experiences of the service through a monthly "Listening Clinic", which is facilitated by a senior team of midwives known as Professional Midwifery Advocates. This team offers debrief sessions for women both at the hospital and at home and seeks to learn from and build on the experience of women it has assisted.

4. DEPUTY R.J. WARD OF ST. HELIER OF THE MINISTER FOR SOCIAL SECURITY REGARDING THE REPAYMENT OF BENEFITS OVERPAYMENTS: [WQ.130/2019]

Question

How many people are currently repaying benefits overpayments where more than one year has elapsed since the original overpayment?

What are the mean and mode averages for the level of weekly repayments in these circumstances? What is the mean and mode average period in months that such repayments will continue to be taken? What guidelines are used to calculate repayments in such circumstances?

Answer

It is not possible to break down repayments of Social Security benefit into those where more than one year has elapsed since the original overpayment.

The Department does not have fixed guidelines for repayment amounts because levels of claim adjustment are set individually for each household claim on a case-by-case basis.

5. DEPUTY R.J. WARD OF ST. HELIER OF THE MINISTER FOR ECONOMIC DEVELOPMENT, TOURISM, SPORT AND CULTURE REGARDING BUSKING PERMISSIONS: [WQ.131/2019]

Question

With reference to the answer to Written Question 78/2018, can the Minister state what progress has been made with updating current busking permissions?

Answer

Busking remains a matter for the Bailiff exercising common law powers.

However, as outlined in previous answers given on the matter, it is an area of interest for the Assistant Minister, Deputy Tadier , who has outlined the potential for some changes to the busking guidelines, particularly in relation to Christmas busking and amplified music.

The Assistant Minister has held discussions with the Bailiff 's office who currently manage the administration of busking with the support of the Jersey Arts Centre, under the remit of public entertainment.

He has also met separately with the Arts Centre director to discuss possible changes to the guidelines.

Discussions are continuing with the Bailiff 's Office to determine what changes might be made as well as what steps could be taken to facilitate and promote busking and street entertainment. This will also involve discussions between the Assistant Minister and other stakeholders, including the Parish of St Helier.

6. DEPUTY R.J. WARD OF ST. HELIER OF THE MINISTER FOR EDUCATION REGARDING THE USE OF ADVISORS BY THE DEPARTMENT OF CHILDREN, YOUNG PEOPLE, EDUCATION AND SKILLS: [WQ.132/2019]

Question

With reference to the answer to Written Question WQ.113/2019, which stated that the Department had spent £199,624 on advisors in 2018, can the Minister indicate –

1. the names and/or company names of the advisors used;
2. where tax was paid by those advisors;
3. the specific improvements to education in Jersey arising from the amount expended on advisors in 2018;
4. the criteria for determining the success of advisors and whether or not they may be re- employed;
5. the projected spend on advisors in 2019; and
6. how many of the advisors used in 2018 have subsequently been employed in full- or part- time posts bythe Department for Children, Young People, Education and Skills?

Answer

a), b), c), d)

The following advisors were used in 2018:

Marc Rowland, Rosendale Primary School; Caroline Daly, Insitute of Education; UCL Margaret Mulholland, Swiss Cottage Teaching School and Development & Research Centre; Steve Rowe, GS Rowe; Alan Taylor - Bennett, Taylor -Bennett Education Solutions Ltd; Margaret Dickinson, Klyx Education Ltd; Andrew Redpath Alwyne Jolly, Weatheroak Inspections Ltd; David Rosenthal; Gehane Gordelier, Gordelier Education Ltd; Judith Rundle, RGB Business Solutions; Juliet Jaggs; Richard   Moore ,  Richard   Moore  Solutions;  David  Reedy;  Further  Education  Associates  and Longhouse Business Services.

They are all UK-based and are responsible for their own tax returns - and I am not aware of further details on their affairs.

They are all contracted, and re-contracted as appropriate, in line with relevant procurement policies and procedures, and specific improvements and evaluation methods are used to review of their work, for example, with reference to feedback from schools, and against benchmarks in other jurisdictions. As to improvements in 2018, these include greater consistency with regards to the approach to safeguarding; improvements in self-evaluation; more staff are trained in peer review processes and more training is being planned; and more training on the pupil premium and around leadership has taken place.

5. £181,000
6. None

7. DEPUTY K.G. PAMPLIN OF ST. SAVIOUR OF THE CHAIRMAN OF THE STATES EMPLOYMENT  BOARD  REGARDING  ABSENCES  BY  STATES  OF  JERSEY EMPLOYEES  DUE  TO  REASONS  CONNECTED  WITH  MENTAL  HEALTH: [WQ.133/2019]

Question

Can the Chairman state how many States of Jersey employees, broken down by the department or section of the States in which they work, have either (a) been signed off work, (b) requested from their line manager support or a period of leave, or (c) left their place of work or had their contract ended due to any form of reason connected with their mental health since 1stJanuary 2018?

Answer

1. As of end of February 2019, the breakdown of employees who have reported sick since January 2018 with a mental health related reason is shown below.

It is important to note that this includes sickness of differing lengths of time, for example, one staff member could have half a day, and another could have much longer, and they would be recorded in the statistics below just as two separate occurrences with the same weighting, even though they are of a different duration.

For a period of sickness of over 3 days in a row, a medical certificate would be needed; while for shorter single periods of sickness, a certificate would not normally be needed. The figures below therefore include absence under a medical certificate and absence which is self-certified'.

Department  Total Staff

Chief  Operating  Office/  Strategic

8 Policy, Performance

Children, Young People, Education  106 Customer and Local Services  34 Growth, Housing and Environment  50 Health and Community Services  253 Justice and Home Affairs  55 Non Ministerial  18 Treasury and Exchequer  19

Total  543

2. Requests for leave are agreed directly between an employee and their line manager. Reasons for leave  requests  are  not  recorded  unless  they are  categorised  under  Special  Leave  (e.g. bereavement, carers leave, etc.) or sick leave.
3. Where a person leaves on ill-health grounds, we do not record the specific health reason for them leaving. However, to provide some context, during the period from 01 January 2018 to date, 32 employees have left their employment for health reasons.

Separately, and in addition, of those employees who have received ill health retirement, none were ill health retirements on the grounds of mental ill health.

8. DEPUTY K.G. PAMPLIN OF ST. SAVIOUR OF THE MINISTER FOR CHILDREN AND  HOUSING  REGARDING  THE  SUPPORT  PROVIDED  TO  PEOPLE  WITH MENTAL  HEALTH  CONDITIONS  APPLYING  FOR  SOCIAL  HOUSING  OR HOUSING SUPPORT: [WQ.134/2019]

Question

Can the Minister confirm what processes and support are in place to support people with mental health conditions applying for social housing or housing support; and what steps his Department is taking to provide additional processes or support for such people?

Answer

People with mental health conditions require a multi-agency approach with key agencies working alongside each other to share relevant information and coordinate proportionate responses.

If the person with the mental health condition is under 50 with no dependants, they can apply for social housing via the Supported Housing Group (SHG) with a support plan from mental health services. If the person with the mental health condition is over 50 years of age and meets the Affordable Housing Gateway (AHG) criteria, medical information would be gathered to support their application. However, if they were unable to live independently without a package of care, they would also be encouraged to apply via the SHG.

The SHG is a mechanism for those who do not ordinarily meet the standard pathway via the AHG to access stable accommodation.

The SHG is run by Andium Homes and consists of a number of agencies & 3rd sector organisations. The group consists of the following agencies:

• Adults Social Care Team (including the Brain Injury Service and Learning Disability Team)

• Autism Jersey

• Barnardo's

• Community Mental Health Team

• Children's Service (Leaving Care Team)

• Drug & Alcohol Service

• Headway

• Independent Domestic Violence Advisors

• Jersey Association of Youth & Friendship

• Occupational Support Unit, Customer & Local Service

• Probation & Aftercare

• Sanctuary House

• Shelter

Agencies are able to refer their clients to the SHG and are required to provide a package of support in order to ensure that once suitable housing has been identified in the community, their client has the best chance of having a successful tenancy. A 2-year tenancy is typically offered by Andium Homes, during which time the referring agency is responsible for carrying out at least 4 reviews of the client's tenancy and to work closely with Andium Homes to provide ongoing support & advice.

People admitted to acute inpatient mental health units often experience heightened stress and distress. It is essential that their problems are not exacerbated by additional financial pressure or fear of losing their accommodation.

The Core Assessment, Risk Assessment and Care Plan are created during the initial period following admission and information pertaining to finances and home circumstances are gathered. If the patient is in receipt of any Social Security provision this information is provided to a social worker. The same applies if there are concerns relating to housing.

A protocol has been set up to provide contact between Adult Mental Health Social Workers and the Safeguarding Manager within the Customer and Local Services Department to look at liaising/supporting patients due for discharge. This protocol provides a process to ensure that no one will experience unnecessary adverse financial consequences through requiring inpatient treatment.

The Disability Strategy for Jersey (2017) set out a series of relevant principles for social housing allocations e.g. the provision of accessible advice and guidance on housing options. In response to this, a review of access to social housing is underway which includes consideration of pathways for people with specialist housing needs.

9. DEPUTY K.G. PAMPLIN OF ST. SAVIOUR OF THE MINISTER FOR EDUCATION REGARDING THE PROCESSES IN PLACE TO TACKLE THE EARLY STAGES OF MENTAL HEALTH PROBLEMS AMONGST SCHOOL-AGED CHILDREN: [WQ.135/2019]

Question

Can the Minister for Education confirm what processes and support are in place to tackle loneliness, social isolation and the early stages of mental health problems among school-aged children; and what steps her Department is taking to provide additional processes and support in relation to such matters.

Answer

The Education Department provides services and support for children and young people thought schools, and the Youth Service, within the community. This is typically in response to children and young people who are either reporting or presenting with emerging mental health, well-being or other presenting needs, which prevention and early interventions and Early Help can be an appropriate response to (nipped in the bud'). All services are organised to ensure they are appropriate and accessible for children's age and stage.

Schools

Since 2015, an offer of services and support has been developed, which provides a graduated response for children, who may present with need that sit on a continuum of complexity. This ensures children are able to access the right support at the right time. This is further reflected in a redesigned and renamed service – Psychology and Well-being (PAWBS) – which ensures issues of well-being are visibly a priority for the Education Department. Key developments in the area of mental health and well-being include the following:

Workforce development  

Since 2015 schools have been introduced to the concept of termly PARMs (Planning and review Meetings). The PARM is a multi-agency forum, empowered and informed by the school and their community needs. This can be attended by a range of professionals including Educational Psychologists, Well-being Facilitators, Primary Mental Health Workers, Education Welfare Officers, Family Support Workers and members of school staff. The focus of the PARM is to explore appropriate support for individual children and young people, review progress, streamline access to the appropriate service for further insight, discuss systemic issues and professional training needs and discuss what support needs to be offered to the school to promote early intervention and inclusivity. Whilst a theme underpinning each PARM is to have regard for mental health and well- being, associations with vulnerability, attendance, behaviour, special educational needs and adult support can also be discussed.

Since 2015, The Education Department has introduced a training offer for schools, which ensures school-based professionals are able to understand and respond proportionately to children with mental health and well-being needs. The offer includes training in the following areas: Supporting staff well-being; Mindfulness; Mental Health First Aid; Promoting positive mental health and resilience in children; Implementing the FRIENDS programme; Responding to bullying in schools; Responding to pupil distress; supporting anxious pupils; supporting self-harm; Understanding ADHD; LGBTQ (co-delivered with Liberate, Youth Service and CAMHS). This training is always well attended and positively evaluated and, with the exception of Mental Health First Aid (offered by MIND Jersey) is offered free of charge. 2018 has also witnessed many of the courses being offered to any professional who works with children and young people, with the PMHT offering to develop training specifically for teams/agencies in relevant areas, as demand arises, and an ability to offer training to teams on location if so desired.

Telephone consultation lines have also been in operation since October 2017, available to any professional working with children and young people seeking professional support, signposting etcetera to streamline access to appropriate services and upskill. These lines have been offered by the Educational Psychology Team, Well-being Team and Primary Mental Health Team and are now accessible to any family member including children and young people (excluding PMHT). Parentscope meetings are also in operation, taking place at three separate locations across island every 6 weeks, encouraging access to a range of services for families wishing to talk face to face and seeking consultation external to their school based environment.

Emotional Literacy Support Assistants (ELSAs)

The ELSA model has been introduced to the significant majority of schools in Jersey. ELSAs are school based professionals (typically keyworkers), who have attended a six day training course with indefinite, ongoing, half termly clinical supervision delivered by the Psychology and Well-being Service (PAWBS). This equips them with the skills to provide early support for all children presenting with emerging well-being needs. ELSAs are also provided with twice termly CPD sessions and an end of year annual conference facilitated by the PAWBS. There are currently 70 ELSAs providing support to children in Jersey schools with plans for further training of new cohorts available in June 2019 following demand from schools. All training, clinical supervision and CPD is delivered free of charge.

Well-being Team

The Well-being team (team of 4 representing 2.46 fte) provide a peripatetic service to all provided and non-provided primary schools. The role and contribution of this team has continued to develop and includes a mix of casework (1:1); small group work; whole class work, support and consultation for school based ELSAs and the development and delivery of training. The well-being team are all trained in, and implement the FRIENDS approach – this is a licensed, manual–based approach (CBT methodology) designed to support children with emerging symptoms of anxiety/depression to more complex well-being needs. As integral members of PAWBS they also co-develop and co-deliver relevant training modules with other PAWBS teams and colleagues from other agencies e.g. Sleep, Mindfulness, Fitting The Oxygen Mask (support for senior managers to nurture the well-being of staff). The Well-being Team are also attending further training across the academic year of 2018 - 2019 focussing on working therapeutically with  children and  young people with  the hope of reviewing the range of services on offer in the future to further enhance service delivery.

School-based Counselling (SBC) Services

A review of school-based counselling services was undertaken in 2014. This led to the development of professional, operational guidelines to support robust governance around these roles and a requirement on schools to report on the activity and performance of their SBC to the Education Department (via the Principal Educational Psychologist). This guidance has also been revised and updated in 2016 and 2018. The Psychology and Well-being Service oversee the clinical supervision of all SBCs. The number of SBCs has steadily increased and all but one secondary school provides a counselling service for its pupils (10 posts operating on island from September 2018). The most recent annual audit of this service indicates that students are seeking this form of school based therapeutic support with, for example, 615 students accessing a counselling service during the academic year 2017 – 2018 and 3158 therapeutic sessions delivered in total. SBCs are also encouraged to work in partnership with other PAWBS teams and are currently working with members of the Primary mental health Team to explore supporting exam stress and periods of transition.

Primary Mental Health Workers (PMHWs)  

In partnership with Health and Community Services (CAMHS), 2.0 fte PMHWs have been seconded to the PAWBs since June 2017. These posts are new' and have been developed to extend the offer of support (and with this, expertise) available across all schools and the wider community, thereby encouraging and upskilling all to recognise their role as early intervention mental health practitioners. The post holders provide: consultation and advice; training and development; 1:1 and small group support in addition to developing and facilitating projects. A weekly triage clinic for children, young people and their families, alongside CAMHS colleagues, was also piloted from June 2017 to July 2018 but has currently paused whilst colleagues within CAMHS assess future focus. Parent workshops and a pop up information stand have been offered through the main library over the summer holidays whilst parent/family workshops are offered throughout the year via schools regarding core subjects e.g. supporting and managing anxiety, understanding ADHD. Mindfulness and compassion group workshops have also been offered to students and to parents with future plans to offer this service to professionals. Links with many voluntary sector agencies, professional agencies and all Jersey GP surgeries continue to be forged.

Counter-bullying

Due to the evidenced relationship between bullying and mental ill health, a project that looked to understand and respond to this issue has been prioritised and developed as a piece of ongoing action research over the last 18 months. This is being led by the PAWBS with active involvement from school representatives and other partner agencies e.g. The Police. The project has included: seeking the views of over 2000 pupils and 500 school–based professionals on issues of bullying (illuminative research); establishing a focus group to review local evidence and manage project activity; review and improve the Department's policy (with a view to achieving practice change in schools); develop resources and introduce approaches to support children; parents and school staff in this area. This will take place working actively with the Diana awards to further develop schools anti-bullying strategies and up skilling children to tackle bullying within schools.

Multi agency, partnership working

PAWBS chair a termly mental health network meeting devised to share ideas, news and good practice to better support the Jersey community by avoiding duplication, promoting the work achieved by all agencies and working together. To date representatives from the following agencies attend: MIND Jersey, Eating Disorders Group, YES, Liberate, Drug and Alcohol Service, Silkworth, Citizens Advice, You Matter, Hospice, NSPCC, Jersey Recovery College, Specialist Community Public Health Nursing, Libraries Services, Brook, The Primary Mental Health Team, the Educational Psychology Team and The Well-being Team.

Strategic roles are also adopted which include:

• Education lead for Parentscope Project;
• Chair of the Mental Health Network;
• Education Lead for prevention of suicide;
• Virtual School Head teacher for Looked After Children (LAC) until 2018, now adopted by a member of SEMHIT (Social Emotional Mental Health and Inclusion Team);
• Membership of the multi-disciplinary Autism and Social Communication (ASC) diagnostic pathway and steering group;
• Previous Education representative on Mental Health Criminal Justice Forum;
• Education representative on Legal Information for Young People Project.

Since September 2017 the Principal Educational Psychologist has met with Youthful Minds every 6 weeks. This is a participation group formed by young people who have experienced mental health challenges and MIND Jersey. The meeting enables the Education Department to share ideas and thoughts with young people who also have the opportunity to feedback themes and concerns to inform future planning and joint work. Joint projects have included a review of CYP use of JOD (Jersey Online Directory), a pop up information stand at the local library during the summer holidays and support during recruitment processes for new staff.

Throughout 2018 the formation of the Jersey Student Council Network has also been a focus. All Jersey schools have been offered training and support in auditing or creating effective student councils within schools, promoting student voice and engagement. This has culminated in the first forum meeting in October 2018 when students from participating schools came together to establish a collective, capable of informing processes and professionals through voice and participation (VAP), identifying themes through consultation with their fellow students etcetera. Work continues to link this forum with The Children's Commissioner's Office and Youth Connect and to co-produce a process that empowers children and young people to share ideas, give advice and seek support when they feel they need it.

Youth Service

The Jersey Youth Service provides high quality preventative and early intervention service through a network of community / Parish based youth clubs for young people between the ages of 8yrs to 18yrs with the focus of this work with the 12 to 18yrs young people. The service reaches over 3000 Children and Young people annually. This is 33% of the population of the 12-18 year olds on island.

Its impact on social inclusion and development of vulnerable children & young people is evident from the specialist areas of work that have been developed over the past 3 to 5 years.

The service is well connected with other agencies and services in the island with strong partnerships with the Police, Children's Service, MASH, Probation, 3rd Sector organisations, Parishes as well the

private sector and business. These partnerships are imperative in keeping children and young people safe, engaged and having a voice in affair that impact on them.

The Jersey Youth Service, through its network of community based youth projects provides opportunities for children and young people to have a voice within their local Parish / community, a space to meet with peers, that is safe, have informal learning opportunities and have some fun as they grow from childhood into adulthood and avoid becoming isolated

The service operates from 18 different locations across the isle of Jersey with plans for this provision to be extended to 19 by 2021 when a designated Youth Centre for the North of Town should start to be built and cater for children & young people in one of the Islands most populated area of Jersey. This centre will provide a valuable link to the young people living in this area.

The Service also provides various youth work projects that target various groups of vulnerable young people within the Island to tackle loneliness, social isolation and the early stages of mental health problems, these being:

• Youth Enquiry Service (YES) which is the Islands Information, advice and counselling project for 14 to 25yrs
• LGBTQ Youth Jersey which supports our LGBTQ young people
• MyTime project for young carers – This provides support to tose young people that are providing care to someone else such as parents with substance or mental health issues
• Inclusion project with works with young people with disabilities
• Prince's Trust programmes to support NEET young people / adults
• Duke of Edinburgh Award
• Return home interviews for those young people going missing and young people at risk of Child Exploitation.

The Service also provided support and opportunities to all primary and secondary Schools thought its Outdoor Adventure Offer and the use of St Aubin's Fort, the Queens Silver Jubilee Activity Centre (Crabbe), water or land based activities such a powerboating, high ropes, residential opportunities, sailing etc.

Youth work focuses on the personal and social development of young people so that they can develop their knowledge, skills and confidence and the service is currently reviewing its offer of accredited learning outcomes, as well as how it measures its impact on the informal learning opportunities that arise from its work and the softer outcomes young people gain from their involvement with the service.

10. DEPUTY K.G. PAMPLIN OF ST. SAVIOUR OF THE MINISTER FOR HEALTH AND SOCIAL SERVICES REGARDING INSTANCES OF SELF-HARM AND SUICIDE ATTEMPTS: [WQ.136/2019]

Question

Can the Minister provide the number of self-harm and suicide attempts (a) which occurred at the General Hospital or another medical facility, such as Orchard House, and (b) which were recorded on admission to the Hospital or another facility, in each year since 2011, broken down, if possible, by age, gender, and whether it was a repeat incident?

Answer

1. Incidents of self-harm (SH) and attempted suicide are recorded in the Datix incident reporting system.

Incidents reported on Datix: 2011-2018 Deliberate Self-Harm

Self-Harm by Year

* 1 patient had 18 episodes of deliberate self-harm Level of harm to patients who self-harmed

Attempted Self-Harm

There were 12 patients captured on Datix who attempted to self-harm but did not do so as staff were present.

Attempted Suicide

Level of Harm that came to Patients that Attempted Suicide

Attempted suicide by year

In the majority of cases of attempted suicide, no harm or very low harm came to the patient as staff were present and the patient was under observation at the time of the incident. The patients in the category of very low harm are categorised as such as they required additional observation; they did not come to any physical harm.

It is very difficult to say whether the apparent self-harm episode was an attempt at suicide or not. The incident is reported at the point of it occurring and it is subjective at this point as to whether it was an actual intended suicide attempt.

2. The first full year of available data is from 2012. The table below shows attendances at the Emergency  Department  under  the  Attempted  Suicide'  and  Deliberate  Self-Harm'  diagnosis categories from 2012 to 2018.

The following table gives a breakdown of the above by gender:

The table below shows a breakdown by age:

Of the 241 attempted suicides attendances in the period, 27 patients (11%) have attended more than once.

Of the 792 deliberate self-harm attendances, 99 patients (12.5%) have attended more than once.

11. DEPUTY K.G. PAMPLIN OF ST. SAVIOUR OF THE MINISTER FOR HEALTH AND SOCIAL SERVICES REGARDING THE REPORT ENTITLED PREVENTION OF SUICIDE IN JERSEY: A FRAMEWORK FOR ACTION 2015-2020': [WQ.137/2019]

Question

Following the publication by the States in 2015 of Prevention of Suicide in Jersey: A Framework for Action 2015-2020, can the Minister confirm which actions have been implemented in relation to effective identification and planning of priorities to take forward around suicide prevention; and provide the evidence of each annual evaluation of the framework since 2015, with specific outcomes arising  from  the action plan, including details of the annual  Prevention of Suicide Forum to communicate the progress of the framework to key stakeholders?

Answer

Progress of actions against priorities from the Prevention of Suicide in Jersey: A Framework for Action 2015-2020 has been provided in existing reports to the Health and Social Security Scrutiny Panel in 2018 in support of the review of Mental Health Services in Jersey. This is the latest information available on progress of actions:

Annual reporting of progress against priorities

2015 – 2017  Reported  through  the  Children's  and  Vulnerable  Adults  Ministerial  Group.

Reporting on progress and evaluation through this route was completed in January 2017.

2016 Review of outputs presented at the multi-agency forum. Presentations were followed by group

work reviewing the initial strategic period, alongside brainstorming sessions on reform of priorities for the coming period. Forum outcomes were used in planning additional  follow  on  multi-agency  Outcomes-Based  Accountability  (OBA) workshops. Specific priority actions for bereavement support and services as well as priorities for vulnerable groups were identified using this OBA methodology.

2017 – 2018  Reporting on progress included and incorporated as part of the Mental Health

Strategy Steering Group with additional updates also  provided  to  the Safeguarding Partnership Board. Annual evaluations of the Connecting with People programme have been produced  and  reported  to  the  Mental  Health  Strategy Implementation group.

2018 – 2019  Prevention of Suicide Steering group reports on progress submitted to the Mental

Health Improvement Board. The role, remit and related terms of reference for the steering group are now under review in the context of ensuring alignment with the work of the recently convened Mental Health Improvement Board.

*Suicide Rates in Jersey  

Jersey currently has a suicide rate that is comparable with other jurisdictions. The challenge in a small community such as ours is that our actual small number of deaths by suicide can fluctuate year to year and this therefore reduces the confidence in data that is seen in larger populations.

Because actual year on year numbers are subject to this variation, the annual rate is prepared using an age standardised calculation with a three-year rolling average. This allows comparison with other jurisdictions as the data accounts for any demographic differences across populations as well as allowing a clearer picture of any trends. The trend for the Jersey ASR rate for suicide can be seen in the graph below from 2017 Statistics Jersey Mortality Report.

Age-standardised mortality rate by intentional self harm per 100,000 residents (3 year average)

25

20

17.8

15 14.8

10 9.4 9.2 9.2 8.7 10.7

5

0

2008-2010 2009-2011 2010-2012 2011-2013 2012-2014 2013-2015 2014-2016

For the 2014-2016 period, the rate for our nearest comparison in the South West of England was 11.2. The lowest recorded rate was London at 7.8 and the highest Northern Ireland at 18.1.

The 2017 Mortality Report showed the annual number of deaths in 2016 as 15 which can be seen in the graph below. This is the highest number of deaths in recent years with the next highest annual number of deaths being 12 in 2012. Fluctuations year to year are evident with the highest number recorded in 2009.

Deaths by suicide in Jersey

26

15 16 15

12

10 8 9 8 10

2007 2008 2009 2010 2011 2012 2013 2014 2015 2016

Data on deaths by suicide is typically around 2 years in arrears to allow for accurate recording of deaths following conclusion of all inquests for the period. Therefore, deaths data for the previous two years cannot be confirmed. However, in reviewing inquests and reported sudden deaths indications suggest that in 2017 there will have been fewer annual deaths by suicide with less than 10, with 2018 returning to more than 10, although it is likely to be lower than in 2016.

Statistical  methods aside, each individual  death is  a tragic loss to  families and to  our  wider community. Unravelling the complexity of what lies behind suicide statistics is extremely difficult. Despite our Island's low numbers, any suicide is a tragic event, which often occurs as a consequence of complex combined multiple factors rather than one single isolated issue. Suicide is a challenging and sensitive issue in any community, and all the more so in a small one.

12. DEPUTY J.M. MAÇON OF ST. SAVIOUR OF THE MINISTER FOR TREASURY AND RESOURCES REGARDING THE BIDS SUBMITTED TO THE INVESTMENT APPRAISAL BOARD: [WQ.138/2019]

Question

Will the Minister confirm that all bids that are submitted to the Investment Appraisal Board must now be endorsed by the relevant minister? If so, when was this decided and where is this policy documented?

Answer

Previously all bids to be recommended to the Treasury and Resources Minister requested confirmation that the relevant Minister was aware of the bid and that it was to be recommended. This is now required earlier in the process.

The Minister will include this requirement in her forthcoming revision of the policy on the Allocation to Contingency, although the rule is already now operated in practice by Treasury and Exchequer. The Minister expects to publish the revised policy to the Assembly by the end of March.

As well as this change the Minister intends to include a role in the consideration of requests for additional funding for the One Government Political Oversight Group.

To reiterate previous answers on this subject, the final decision on whether to approve additional funding for departments from Contingency lies with the Minister for Treasury and Resources, not any other individual or body.

13. DEPUTY M.R. LE HEGARAT OF ST. HELIER OF THE MINISTER FOR HEALTH AND SOCIAL SERVICES REGARDING THE SUSPENSION OF CONSULTANTS AT THE GENERAL HOSPITAL: [WQ.139/2019]

Question

Will the Minister confirm how many Hospital consultants are currently suspended?

Will the Minister explain the reasons why a consultant may be suspended? What is the process for suspending a consultant? For how long may a consultant be suspended; how often is a suspension subject to review before a period of suspension is concluded; and who is given notice that a consultant is suspended?

Will the Minister explain what protections are in place for private patients when a Hospital consultant is suspended but may continue to offer services to such patients?

Answer

Will the Minister confirm how many Hospital consultants are currently suspended?

A number of consultants are currently under exclusion from practice within Health and Community Services (HCS), but as the number is small – less than five – the exact number cannot be stated as this would risk leading to their identification.

Will the Minister explain the reasons why a consultant may be suspended?

A consultant may be excluded in relation to concerns in respect of practice or conduct. Restriction of practice will always be considered as a first measure, however, in order to protect the interest and/or safety of patients, the practitioner and other staff, exclusion may be used in appropriate circumstances. Exclusion is also used in order to assist in an investigative process where there is a clear risk that the practitioner's presence may impede the gathering of evidence.

What is the process for suspending a consultant? For how long may a consultant be suspended; how often is a suspension subject to review before a period of suspension is concluded; and who is given notice that a consultant is suspended?

Where a concern about a consultant arises, the approach to be taken by HCS is set out in the Policy for the Handling of Concerns and Disciplinary Procedures relating to the Conduct and Performance of Doctors and Dentists.  Where exclusion is deemed an essential course of action, this will be for no more than four weeks at a time. The justification for continued exclusion is reviewed on a regular basis and before any further four-week period of exclusion is imposed.

Where a consultant is excluded, the Medical Director will inform the General Medical Council and discuss the case to ensure no additional restrictions or withholding of licence to practice is required. The Minister for Health and Social Services is also informed of any exclusions.

Following a formal meeting with the practitioner, the formal exclusion is confirmed in writing, as soon as is reasonably practicable. This confirmation will state the effective date and time; duration (up to 4 weeks); the content of the allegations; the terms of the exclusion; the need to remain available for work; and that a full investigation (or what other action) will follow. The practitioner will be advised that they may make reasonable representations about the exclusion at any time after receipt of the letter confirming the exclusion.

In cases where disciplinary procedures are being followed, and where a return to work is considered inappropriate, exclusion may be extended for four-week renewable periods. The exclusion will still only last for four weeks at a time and be subject to review. The exclusion will be lifted, and the practitioner allowed to return to work, with or without conditions placed upon their employment, as soon as the original reasons for exclusion no longer apply.

Will the Minister explain what protections are in place for private patients when a Hospital consultant is suspended but may continue to offer services to such patients?

HCS has no jurisdiction over a consultant who practises privately outside of their programmed public' activity. Individual practitioners are responsible for their indemnity insurance and accountability with their regulatory body. However, in serious circumstances, a referral will be made to the General Medical Council which may impose restrictions on practice or interim suspension orders on a practitioner preventing them from practising if it is considered that there is a risk to patient safety.

14. DEPUTY M.R. LE HEGARAT OF ST. HELIER OF THE CHAIRMAN OF THE STATES EMPLOYMENT BOARD REGARDING THE ONEGOV' MODERNISATION PROGRAMME: [WQ.140/2019]

Question

With reference to his answer to Written Question WQ,157/2018 can the Chairman explain why a full response was not tabled by the end of September 2018, as the original answer stated, and will he please provide the following information -

1. how many people (including interim appointments) worked on the OneGov' modernisation of the States of Jersey from October 2017 (when the Transition Team arrived) to the end of December 2018, with the breakdown by cost and F.T.E. as follows:

1. States of Jersey employees (whether contracted or permanent);
2. people employed through agencies;
3. people paid through a supplier such as KPMG, EY etc.;

2. include within this breakdown any costs associated with the above in respect of travel, accommodation and other expenses; and
3. state when this work on reviewing and amending the operations of the public service will be complete?

Answer

A response was inadvertently not tabled to WQ.157/2018 due to a procedural error. A response was provided to the Deputy , however it was incorrectly not provided to the States Greffe for formal dissemination.

The data underpinning this answer has been collated form a variety of independent databases in Treasury, Procurement and HR. We have cross-referenced and validated the information to provide the following:

(a)

i. 19 FTE were allocated from across the States of Jersey to the transition team from October 17 to March 18 when members returned to their Departments. The cost of these employees was

£ 775,200.

ii. The cost of people employed through agencies is £2,011,388 end of September 2018.

iii. The cost of contacted services which includes KPMG, Ernst and Young and other suppliers is £934,522 to the end of September 2018.

2. Hotel and Travel expenses in the period to end of Q3 2018 are £197,000
3. The forecast for contracted services to the end of 2018 is estimated to be £465,232. The cost of agency is estimated to be £290,000
4. It is expected that the work on reviewing and determining the outcomes of the proposed TOM will be completed bythe end of March 2019. The final outcome will be fully in place by the end of Q3 2019. In respect of this, the precise outcomes and timings will be subject to the results of the relevant consultations.

It is also worth noting that the purpose of these one-off investments is to deliver a public sector that is more responsive, and more efficient. As such, all of the above costs will be recovered from efficiencies which arise as the results of the restructuring begin to take effect.

15. DEPUTY C.S. ALVES OF ST. HELIER OF THE MINISTER FOR SOCIAL SECURITY REGARDING THE RECOVERY OF OVERPAYMENTS OF INCOME SUPPORT: [WQ.141/2019]

Question

Further to her response to Oral Question 41/2019 and in the light of the statement made by her predecessor in her response to Written Question 52/2018 that "approximately 90% of overpayments are recovered at or above £21 a week" has the Minister assessed whether such recovery rates are likely to cause hardship to income support claimants and will she reconsider departmental practice in the treatment of overpayments?

Answer

My assessment is that the Department's policy of recovering overpaid benefit is unlikely to cause hardship. This is because overpayments will be caused by the recovery of money that somebody has been paid over and above their benefit entitlement. They have received a higher amount than they were legally entitled to, and it is only fair that this money is repaid. The Department's policy of allowing the money to be repaid via a small daily adjustment to ongoing benefit allows for the overpayment to be recovered without causing hardship.

The Departmental practice remains the same as stated in my predecessor's response to Written Question 52/2018. A claimant who experiences a change of circumstances and is concerned at the ongoing rate of repayment can request that their claim is reviewed.

It is essential for the overall fairness of a tax-funded benefit system that money that is overpaid to a household is paid back. Giving households the flexibility to negotiate a lower rate when their circumstances change protects against hardship, but the best way to prevent significant overpayments is for households to notify the Department of any changes that would affect the rate of benefit. This policy is stated in every letter sent to an Income Support household. Where this policy is followed the levels of overpayment will in most cases be small and the recovery of them will have little impact on the household.

16. DEPUTY C.S. ALVES OF ST. HELIER OF THE MINISTER FOR HOME AFFAIRS REGARDING THE MONITORING OF POLICE C.C.T.V. CAMERAS: [WQ.142/2019]

Question

Further to his answer to WQ.100/2019, will the Minister advise under what circumstances would police officers respond to situations witnessed while CCTV is being monitored?

Answer

The police will respond to what is monitored on CCTV depending on what is occurring:-

• Public Disorder – Often linked to the Night Time Economy. Not only after an incident has taken place but often to identify escalating tensions, suspicious behaviour etc.
• To prevent and detect crime – Domestic abuse situations, drug dealing, assaults, fights etc.
• Safeguarding – Highly intoxicated persons who might be incapable of looking after themselves – to check on the welfare of someone who may be considered vulnerable (e.g. child/adult).
• Insecure premises.
• Road Traffic incidents.

It must also be born in mind that CCTV is used to deal with calls from members of the public – very often CCTV is able to give the Police an accurate picture of what is taking place which either supports the attendance of an officer or indeed negates the attendance of an officer.

17. DEPUTY C.S. ALVES OF ST. HELIER OF THE CHAIRMAN OF THE STATES EMPLOYMENT BOARD REGARDING THE PAYMENT OF THE LIVING WAGE TO THE EMPLOYEES OF SUB-CONTRACTORS ENGAGED BY THE STATES OF JERSEY: [WQ.143/2019]

Question

Following the adoption of States Employment Board: Living Wage' (P.122/2017), will the Chairman advise what checks, if any, are currently in place to ensure sub-contractors, such as cleaning companies, are paying their employees the hourly rate of the living wage while they are carrying out work for the States of Jersey?

Answer

All Government tendered contracts that have been awarded to contractors since the adoption of the Living Wage contain a contractual requirement that all Relevant Staff employed or engaged by the contractor are paid the equivalent hourly wage which is equal to or exceeds the Jersey Living wage. All extensions to existing Relevant Contracts (as defined by Caritas) will also include this requirement. There are some existing contracts which are currently under review and due for re tender or extension and these will move on to new contracts, at the appropriate time, which will contain the living wage in addition to other revised Terms and conditions.

In respect of the process, checks are conducted prior to the award of contracts and form part of the commercial evaluation process. It is a requirement for departments to review contracts against key performance indicators and key terms and conditions.

Internal Audit have planned reviews of contracts on a sample basis in 2019, which will include a review of confirmation of living wage. All Internal Audit findings are reported to the independent Risk and Audit Committee.

Furthermore, any request that is made to the Housing and Work Advisory Group relating to a States contract, will not be supported where the Living Wage is not paid.

18. DEPUTY R.J. WARD OF ST. HELIER OFTHE MINISTER FOR TREASURY AND RESOURCES REGARDING THE GRANT TO THE JERSEY COLLEGE FOR GIRLS TO ENABLE CHINESE STUDENTS TO ATTEND THE SCHOOL: [WQ.144/2019]

Question

Can the Minister confirm if there are specific plans for the £100,000 passed to Jersey College for Girls to enable Chinese students to attend the school to be repaid in future?

Answer

The funding was allocated to Children, Young People, Education and Skills to be allocated, in turn, to the JCG Foundation.

The assessment of the business case carried out by the Government's Economic Unit states that "£100k could be repaid to Treasury in 2020, if that was a necessary condition of funding. This would be on the condition that the programme achieves the levels of success envisaged. The EPGDP Officer Group will need to work with the Education Department to develop a clear set of criteria to govern the proposed repayment."

The grant is payable by the department to which the funding was allocated (Children, Young People, Education and Skills). It is for that department to work with the grant recipients to consider whether repayment is possible and appropriate. Repayment is not a condition of the allocation of funding to the department. If the grant is repaid in the future the expectation is that it will be returned to central Contingency funding for reallocation.

19. THE CONNÉTABLE OF ST. HELIER OF THE MINISTER FOR THE ENVIRONMENT REGARDING THE TIMETABLE FOR DEVELOPMENT OF THE NEW ISLAND PLAN: [WQ.145/2019]

Question

Would the Minister set out the timetable for the development of the new Island Plan? Answer

The Planning and Building (Jersey) Law 2002 requires that the Minister for the Environment prepares and presents to the States for approval a draft revision of the Island Plan within 10 years of the approval of the previous Plan. The current Island Plan was adopted in June 2011, with an interim review of parts of the plan in July 2014 and, therefore, a new draft Island Plan must be lodged during 2021.

The Island Plan is one of the most important documents in shaping the future of the Island and it is my intention to ensure that the processes of its development involve effective public engagement throughout. Consultation and wide public engagement will, therefore, be a critical part of the Island Plan Review process and a detailed programme for this element of the plan is being developed and will be publicised by the late Spring of 2019.

It is envisaged that initially, public consultation about strategic issues and potential options will take place towards the end of 2019; with a further phase of public consultation on a draft detailed plan likely to take place in Q3 of 2020.

It is proposed the draft plan will be lodged in late 2020, allowing the States to debate and adopt the new Island Plan during Q1 2021.

20. THE CONNÉTABLE OF ST. HELIER OF THE MINISTER FOR INFRASTRUCTURE REGARDING TRAFFIC SAFETY IN MIDVALE ROAD AND ST. JOHN'S ROAD: [WQ.146/2019]

Question

Would the Minister indicate when his Department will carry out traffic safety and road improvement works in Midvale Road and St. John 's Road?

Answer Midvale Road

The Department for Infrastructure wrote to the Connétable of St Helier on the 23 January 2018 to request how he might wish to proceed, given.

"Following a structured prioritisation of the road safety improvement requests for 2018, the DfI have been able to provide the scheme with a provisional budget of £120,000 to work within.

You will note that while the proposed scheme addresses the immediate road safety concerns for pedestrians, calms traffic and improves cycle access in and out of town, however it does not necessarily fulfil all the criteria of the vision for Future St Helier':

" St. Helier is a liveable town, with a range of good quality residential accommodation and pleasant and stimulating public streets and spaces for people to pass through and visit, with inclusive places for community activities and for people to meet".

It is recognised that proposed bollard solution may be perceived as a compromise in quality and not be considered a visual improvement on the existing streetscape. However, Future St Helier is currently unfunded and a scheme extending the existing footpaths (with associated drainage and utility works) would cost circa £560,000 and cannot be reasonably afforded within DfI's budgets.

The options remain of either waiting until further funding becomes available for Future St Helier, through the proposed Jersey Infrastructure Levy, or to consider this scheme as an interim measure. However, it is not clear when, if ever, full funding would become available to extend the existing footpaths.

Alternatively, given Proposition P81/2017 has been agreed by the States of Jersey, the scheme could be supplemented through the Parish of St Helier's allocation. A further development of this approach would be for the Minister to transfer the road to the Parish as a by-road, along with the available £120,000 funding, allowing the Parish to take forward the scheme its self.

I would be grateful if you could advise me of the Parish's views and how you would like to proceed"

As no response was received from the Parish of St Helier to this letter, the Minister for Infrastructure then wrote to again 1 May 2018 to the Connétable to reiterate the options as to how the scheme might be progressed and ask his opinion, as follows:

"Further to our various meetings and correspondence on this matter, we write to update you upon the funding position for this work.

As you are aware, DfI have undertaken a considerable amount of work to understand how this scheme could be delivered, developing options that range from a full footpath widening scheme (with associated drainage and utility works) costing £540,000 to a simple bollard solution costing £120,000.

While we continue to support Future St Helier', as demonstrated by our work funding and constructing the Conway St and Charring Cross public realm schemes, along with a number of other crossing and junction improvements in St Helier. Without significant dedicated funding for Future Helier' the full Midvale Rd scheme is not affordable from within DfI's necessarily limited budgets.

Due to this funding position we wrote to you on 23 January 2018, outlining our proposals for delivering a viable scheme for Midvale Rd. These proposals were summarised in the following options:

• Place the project on hold and continue to work together through Future St Helier group towards dedicated funding, via the then proposed infrastructure levy or other means. Of course, as you are aware, the infrastructure levy was in the event rejected by the Sates.
• Implement the bollard scheme as an interim measure using the £120,000 funding proposed by DfI, notwithstanding when, if ever, full funding would become available. This would address the immediate road safety concerns for pedestrians, calms traffic and improves cycle access in and out of town, but maybe considered a compromise in quality.
• Supplement DfI's £120,000 funding with the Parish's allocation of States Rates money to provide for the full scheme to be constructed.
• Have the Parish adopt the road and transfer the £120,000 DfI funding offered, to allow the Parish to take the project forward itself.

While we have since discussed other potential sources of funding at Future St Helier', regrettably none has yet been realised. Neither has there been a formal response from the Parish to the options suggested, to allow a way forward to be agreed.

It is important that the DfI is able to deliver its road safety works programme each year, both in terms of finance and resource planning as well as improving road safety. DfI has now undertaken a quarterly review of its funding and resource allocation for the remainder of 2018 and the forward programme for 2019.

Given the uncertainty that remains around this project, the review concluded that this scheme cannot be now realistically delivered within the programme. Consequently, the funding has now been reallocated to other priority road safety projects for delivery this year and 2019.

Should the funding situation change the project will re-included for prioritisation in future years' programmes. Whilst we regret this situation, we hope DfI is be able to progress the scheme with you at some point in the future"

While the Connétable did not respond to select any of the options offered, the funding and delivery position described in the letters has not changed.

St John's Road

As previously advised to and agreed with the Parish of St Helier, work to take forward a consultation on St John's Road will be taken forward once the consultation work and scheme development for First Tower has been completed.

At present this is projected to be during Q3 2019, it is only after the consultation process has been completed and options developed that it will be known whether there is a viable and publically acceptable scheme available to proceed with. Any scheme resulting from the consultation work will need to then be prioritised and incorporated into the Department's forward programme.

21. THE CONNÉTABLE OF ST. HELIER OF THE MINISTER FOR EDUCATION REGARDING THE EXTENSION OF ROUGE BOUILLON SCHOOL: [WQ. 147/2019]

Question

Would the Minister explain what steps she is taking to extend the footprint of Rouge Bouillon School now the States of Jersey Police has been relocated?

Answer

Officers of the former Education Department have held exploratory talks with Jersey Property Holdings regarding the potential benefit of Rouge Bouillon School expanding on to the site of the former States of Jersey Police headquarters. Similar discussions have taken place with the Connétable and local Deputies with the school's leadership.

Separately, last year I requested a strategic review of the property portfolio held by schools, education and children's services, which is linked to the Department's growth and long term Capital programme.

I see the extension and future development of Rouge Bouillon School as a key part of this review. Initial meetings have taken place to agree the terms of reference of the property review and once complete, dependant on funding, work will be prioritised accordingly.

In the meantime, I endorse the position of my colleague, the Infrastructure Minister, in so far as there are a range of considerations for this site, including that part of the site is in use by our Fire and Rescue Service, and a building on the land is listed, and this also needs to be taken into account.

22. THE CONNÉTABLE OF ST. HELIER OF THE MINISTER FOR TREASURY AND RESOURCES REGARDING THE PROPOSED MERGING OF LIBERATION SQUARE AND WEIGHBRIDGE PLACE: [WQ.148/2019]

Question

Would the Minister explain how the proposed changes to Liberation Square and the Weighbridge are to be funded?

Answer

The Connétable will remember that as part of the Budget 2019 Liberation 75 works was to be funded utilising unspent capital sums. There was sufficient budget returned as part of this process to fund the potential extra costs of this scheme.

The Connétable will also be aware that an alternative funding mechanism has also been identified, through an in-specie dividend from SoJDC. The Board of SoJDC are in agreement to this proposal and are working on the assumption of costs up to £3 million.

23. THE CONNÉTABLE OF ST. HELIER OF THE MINISTER FOR INFRASTRUCTURE REGARDING THE FUTURE OF PIQUET HOUSE: [WQ.149/2019]

Question

Would the Minister explain the current proposals for the future of Piquet House in the Royal Square? Answer

The Bailiff 's Office is making a capital bid to the Treasury for adapting Piquet House for use as Family Courts, along with an arrangement for annual funding to cover the maintenance of the building.

24. DEPUTY M. TADIER OF ST. BRELADE OF THE MINISTER FOR EDUCATION REGARDING THE 14+ TRANSFER: [WQ.150/2019]

Question

Is it the Minister's assessment that the 14+ transfer system has the support of the majority of headteachers of non-fee paying schools in Jersey? If not, why not?

Does the Minister have any plans to review the 14+ model in operation in Jersey during this term in office? If not, why not? If so, can she provide a timeline and the nature of any such review?

Answer

I have not discussed the question of the 14+ transfer system directly with head teachers. However, I am aware of the many challenges the transfer to Hautlieu School at 14 has for the four 11-16 non-fee paying schools. I am also aware of the opportunities the transfer has for those students who wish to move to Hautlieu for their GCSEs.

I am committed during my term of office to begin the process of reviewing the structure of secondary education in Jersey, to ensure it is fit for purpose for the next twenty years. This will include a review of the 14+ transfer as well as the delivery of vocational education and the wider curriculum and sixth form provision.

Once I have developed the planning for this I will inform Members of this Assembly. The work will take place in full consultation with the range of stakeholders, including teachers and head teachers, and the wider community.

With regards to the vocational offering, I have instructed the officers to review and devise a provision of flexible and adaptable learning opportunities that will be available to all 14+ students. Currently work is being carried out collaboratively between the four 11-18 schools, Hautlieu, private schools, Highlands College and alternative provision to build a suitable offer.

Officers are also working to create stronger links with primary schools to develop a vocational experience at a much earlier age for children and young people.

25. DEPUTY S.M. WICKENDEN OF ST. HELIER OF THE MINISTER FOR TREASURY AND RESOURCES REGARDING VARIOUS TRANSFERS OF HEADS OF EXPENDITURE LISTED IN THE TRANSITION REPORT' (R.155/2018): [WQ.151/2019]

Question

Further to the publication of the Transition Report (R.155/2018) would the Minister provide a detailed breakdown of the actual amounts which have been transferred between the various Departments' heads of expenditure' in accordance with the provisions of the Public Finances (Jersey) Law 2005?

Answer

The following breakdown shows the transfers from previous departments to new departments. These were effected by public Ministerial Decision MD-TR-2018-0148.

26. DEPUTY C.S.  ALVES  OF  ST.  HELIER  OF  THE  MINISTER  FOR  SOCIAL SECURITY REGARDING INCOME SUPPORT PAYMENTS: [WQ.152/2019]

Question

Will the Minister, with reference to pages 50, 53, 59 and 61 of the Annual Report and Accounts for 2012 and 2017, also provide an explanation for the reduction, of approximately 25%, from 2012 to 2017 in the numbers of claimants for the clinical cost components in income support and for the reduction, of almost one third, over the same time period in the numbers of those claiming Personal Care components; and will she also explain why, at the same time, there has been a large reduction in both the number and size of claims for medical expenses under special payments?

Answer

For the benefit of Members, the figures referred to in the question are reproduced below.

Between 2012 and 2017 there has been a drop of 12% in the number of income support claimants, reflecting the general improvement in the economy since 2017 and the very significant drop in the level of unemployment.

At the same time, there have been a series of changes to the Income Support benefit.

When Income Support was first introduced there were a number of people receiving legacy health related benefits who did not qualify for Income Support due to a high household income. In order to manage the transition into a single means-tested benefit system, these households were tapered off their previous benefits over a number of years. In 2012 there were still significant numbers of these transition' claims.

At the same time, in order to facilitate the introduction of Income Support, many households who were in receipt of legacy health related benefits were transferred to the new income support system and automatically allocated personal care and clinical cost components based on their previous entitlement. The criteria for these historic benefits were not as well-targeted as the criteria agreed for  Income  Support's  health  related  components  and  as  these  claims  came  up  for  review  in subsequent years some entitlement has fallen away. In other cases, extra components have been awarded where a person's overall medical condition has deteriorated. Wherever a component is reviewed, the household is given the opportunity to request that the decision is reconsidered, and can appeal to an independent tribunal if they still don't agree with that decision.

The clinical costs component relates to an individual who requires additional support with GP costs. All income support claimants receive some support with GP costs through the weekly adult and child components. The overall change between 2012 and 2017 has been a decrease of 13% in the proportion of claimants receiving a clinical costs component. As noted above, this is primarily a consequence of the improved targeting of health related benefits within the income support system.

The 2012 annual report shows a single value for personal care components including both adults and children. In 2014 a separate Child Personal Care benefit was introduced, which allowed households to claim the higher level Personal Care components in respect of a child outside of the main income support system. These claims are reported separately in the 2017 report (on page 63) and as shown above there has been a small increase (2%) in the overall number of personal care components in payment (adults and children) between 2012 and 2017.

The figures reported for medical expenses under special payments (one-off payments to support specific costs) includes support for GP, dental and optical costs. Special payments in respect of dental treatments have decreased due to policy changes. Initially households could request assistance in the form of an unlimited grant; in response to the requirement to limit the overall budget under the last Medium Term Financial Plan the Department's policy was changed so that these items were offered as loans recovered from weekly benefit. There is an exception in that people can still apply for assistance with up to £500 of essential dental treatment as a grant within a two-year period, with any amount in excess of that offered as a loan. People with serious disabilities and people in receipt of an old-age pension can still receive unlimited grants.

Support for GP costs, over and above that provided by the clinical cost component can be provided through special payments. Support for the management of GP costs has been strengthened since 2012 and the need for additional support has decreased. The 2012 figures also include costs associated with low income individuals living in care homes whereas in 2017 these claimants had been transferred to the long-term care scheme.

6. Oral Questions The Bailiff :

We have a number of oral question and 2 hours to deal with them. Members, I hope, will forgive me if I sometimes bring the time allotted to a particular question, cut it short if necessary. I want to get through as many as we can.

1. Deputy S.M. Ahier of St. Helier of the Minister for Economic Development, Tourism, Sport and Culture regarding the level of stakes permitted on fixed-odds betting terminals: [OQ.62/2019]

Will the Minister advise the Assembly whether he will propose that the reduction in stakes on fixed-odds betting terminals, which becomes law in all U.K. (United Kingdom) betting shops from next month, should be similarly introduced in Jersey?

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

The gaming machine operations covering fixed-odd betting terminals is governed by the Gambling (Jersey) Law 2012 and licensed and overseen by the Jersey Gambling Commission. I meet regularly with the Commission and we are monitoring developments closely. The reality is, though, that as the content of these machines is driven by U.K. manufacturers, the changes will be rolled out covering machines in Jersey without a change in local legislation. Having said that, the Commission will be issuing a consultation with stakeholders locally, upon completion of which a change in our policy will be considered.

1. Deputy S.M. Ahier :

Under the gambling commission law that you were mentioning, the Commission must give advice to the Minister on the evidence of gambling and the manner in which gambling is carried on and the effects of gambling. Will the Minister enquire of the Gambling Commission the effects that fixed-odd betting terminals have had on the gambling population and whether these results are comparable with those found in the U.K.?

Senator L.J. Farnham :

I have enquired and, as I have said, I am in regular contact with the Gambling Commission over such issues. There is little evidence that there has been problematic gambling related to these machines locally. I am not saying there has not been but there is little evidence to date. But, in my opinion, there are far greater risks for gambling. What goes on in regulated betting shops could be seen to pale into insignificance compared to the risk with online gambling now, which is extremely prevalent. These are some of the challenges, which we face.

2. Deputy M.R. Higgins of St. Helier :

I raised the issue of this when the proposals were first made in the United Kingdom and was told it would be monitored. If, for example, the Gaming Board have not been monitoring it, because I do not believe they have, and I would like the Minister to come back and say. But, anyway, coming to my question. Will the Minister try and get changes to existing machines - rather than waiting for new machines to come to the Island, which have been modified - during their maintenance cycle within the Island, will he have the changes brought in to mirror the U.K., because it is causing a desperate gambling addiction problem in the U.K.?

Senator L.J. Farnham :

Yes, we have somewhere in the region of 19 machines currently licensed and permitted on the Island and they will change relatively quickly as the machines are rolled out in the U.K. That will happen automatically, but I will ask the Gambling Commission to monitor the situation closely and keep me updated as to the progress of that.

3. Deputy S.M. Ahier :

Obviously, with 90 machines and roughly £4,000 per machine, that is a huge amount of money that the Gambling Commission are receiving from these machines. Is it not true that the Gambling Commission are dependent upon the licence fees they receive from the F.O.B.T.s (fixed-odd betting terminals) and they have no intention of following the U.K. model of reducing the stakes to £2 a spin?

Senator L.J. Farnham :

Yes, it will have an impact on the funds that the Gambling Commission raise. Of course, a significant amount of the funds raised go into a social responsibility fund, which works to protect people with gambling addictions. That is an issue which they are looking at, at the moment. There might have to be changes in other fees as a result of this, but we are not sure yet.

2. Senator S.Y. Mézec of the Chairman of the Privileges and Procedures Committee regarding the timetable for development of a proposition by the Committee to establish the office of elected Speaker: [OQ.61/2019]