States Meeting Transcript - 23rd March 2021

STATES OF JERSEY OFFICIAL REPORT TUESDAY, 23rd MARCH 2021

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

1. Welcome to His Excellency the Lieutenant Governor .................................. 10
2. Considering answer to written question .................................................. 10
3. Minute's silence on timing of lockdown .................................................. 10
4. Timing of questioning answers to written questions .................................... 10

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

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

1. Deputy M.R. Le Hegarat of St. Helier of the Minister for Home Affairs regarding road traffic collisions (WQ.83/2021): ..................................................... 10

2. Deputy G.P. Southern of St. Helier of the Minister for Health and Social Services regarding personal allowance for a Long-Term Care recipient (WQ.84/2021): ...... 11
3. Deputy R.J. Ward of St. Helier of the Minister for Children and Education regarding the school meals pilot programme (WQ.86/2021): ...................................... 12
4. Deputy C.S. Alves of St. Helier of the Chief Minister regarding the Corn Riots Public Holiday (WQ.87/2021): .................................................................... 12
5. Senator S.Y. Mézec of the Minister for Treasury and Resources regarding Andium Homes (WQ.88/2021): ..................................................................... 13
6. The Connétable of St. Mary of H.M. Attorney General regarding zero-hours contracts (WQ.89/2021): .................................................................. 13
7. Deputy M.R. Le Hegarat of St. Helier of Minister for Health and Social Services regarding financings of the Jersey Care Model (WQ.90/2021): ........................ 14
8. Deputy G.P. Southern of St. Helier of the Minister for Social Security regarding her annual Ministerial Reports (WQ.91/2021): .............................................. 15
9. Deputy I. Gardiner of St. Helier of the Minister for Health and Social Services regarding Personal Protective Equipment (WQ.92/2021): .............................. 15
10. Deputy M.R. Le Hegarat of St. Helier of the Minister for Health and Social Services regarding Covid-19 exemptions (WQ.93/2021): ......................................... 17

11. Deputy G.P. Southern of St. Helier of the Minister for Social Security regarding Income Support (WQ.94/2021): .......................................................... 18

12. Deputy R.J. Ward of St. Helier of the Assistant Chief Minister regarding Government I.T. systems (WQ.95/2021): ................................................................ 21

13. Deputy R.J. Ward of St. Helier of the Chief Minister regarding the undertaking of Children's Right Impact Assessments (WQ.96/2021): .................................. 22
14. Deputy R.J. Ward of St. Helier of the Minister for International Development regarding U.K. overseas aid (WQ.97/2021): ............................................. 22
15. Deputy G.P. Southern of St. Helier of the Minister for Social Security regarding minimum wage increases (WQ.98/2021): ................................................ 23
16. Deputy C.S. Alves of St. Helier of the Chief Minister regarding the organisation of Citizen's Panels (WQ.99/2021): ........................................................... 23
17. Deputy C.S. Alves of St. Helier of the Minister for Infrastructure regarding the former police headquarters site at Rouge Bouillon (WQ.100/2021): ................... 24
18. Deputy M.R. Higgins of St. Helier of H.M. Attorney General regarding the use of the Criminal Offences Confiscation Fund (WQ.101/2021): ................................. 25
19. Deputy M.R. Higgins of St. Helier of the Minister for Treasury and Resources regarding special purpose funds (WQ.102/2021): ....................................... 26
20. Deputy M.R. Higgins of St. Helier of H.M. Attorney General regarding the Jersey Policy Authority (WQ.103/2021):......................................................... 31
21. Deputy L.M.C. Doublet of St. Saviour of the Chief Minister regarding gender terms in policy formation (WQ.104/2021): ...................................................... 32
22. Deputy G.P. Southern of St. Helier of the Chief Minister regarding contracts for services (WQ.105/2021): ................................................................... 33
23. Deputy M. Tadier of St. Brelade of the Minister for Home Affairs regarding child abduction cases (WQ.106/2021): .......................................................... 34
24. Deputy M. Tadier of St. Brelade of H.M. Attorney General regarding child abduction cases (WQ.107/2021): ...................................................................... 35
25. Deputy M.R. Le Hegarat of St. Helier of the Minister for Home Affairs regarding road traffic collisions involving pedestrians and cyclists (WQ.108/2021): ............. 36
26. Deputy M.R. Higgins of St. Helier of H.M. Attorney General regarding prosecutions against former Senator Stuart Syvret (WQ.109/2021): ................................. 37
27. Deputy M.R. Higgins of St. Helier of H.M. Attorney General regarding fraud cases (WQ.110/2021): ............................................................................ 38
28. Deputy M.R. Higgins of St. Helier of H.M. Attorney General regarding dégrèvement and remise de biens proceedings (WQ.111/2021): ........................................ 40

29. Deputy G.P. Southern of St .Helier of the Minister for Social Security regarding Long-Term Incapacity Allowance (WQ.112/2021): ..................................... 42
30. Deputy R.J. Ward of St. Helier of the Minister for Home Affairs regarding the handling of dangerous narcotics (WQ.113/2021): ....................................... 44
31. Deputy R.J. Ward of St. Helier of the Chair of the States Employment Board regarding numbers of employees within the Target Operating Model (WQ.114/2021): 45

32. Deputy R.J. Ward of St. Helier of the Minister for Infrastructure regarding Non- Disclosure Agreements with building contractors (WQ.115/2021): .................... 48
33. Deputy G.P. Southern of St. Helier of the Minister for Health and Social Services regarding medical hosiery (WQ.116/2021): .............................................. 48
34. Deputy I. Gardiner of St. Helier of the Assistant Chief Minister regarding expenditure of the Modernisation and Digital directorate (WQ.117/2021): ........... 48
35. Deputy I. Gardiner of St. Helier of the Assistant Chief Minister regarding contracts with Credera (WQ.118/2021): ............................................................ 49
36. Deputy I. Gardiner of St. Helier of the Chief Minister regarding the staffing of the Commercial Services directorate (WQ.119/2021): ...................................... 52
37. The Connétable of St. Martin of the Minister for Economic Development, Tourism, Sport and Culture regarding medicinal cannabis licences (WQ.120/2021): ........... 52
38. The Connétable of St. Martin of the Minister for Treasury and Resources regarding medicinal cannabis licence tax breaks (WQ.121/2021): ................................. 53
39. Deputy L.M.C. Doublet of St. Saviour of the Minister for Home Affairs regarding violence against women and girls (WQ.122/2021): ...................................... 53

40. Deputy L.M.C. Doublet of St. Saviour of the Minister for Home Affairs regarding the Draft Crime (Prejudice and Public Disorder) Law (WQ.123/2021):................... 58
41. Deputy L.M.C. Doublet of St. Saviour of the Minister for External Relations and Financial Services regarding the Convention on the Elimination of All Forms of Discrimination Against Women to Jersey (WQ.124/2021): ............................. 59

3. Oral Questions ............................................................................. 59

1. Connétable R. Vibert of St. Peter of the Minister for the Environment regarding the prevention of Jersey fishing boats from landing whelks and scallops in France (OQ.67/2021): .............................................................................. 59

Deputy J.H. Young of St. Brelade (The Minister for the Environment): ....................... 59

1. The Connétable of St. Peter : .............................................................. 60
2. Senator S.C. Ferguson: ................................................................... 60
3. Senator S.C. Ferguson: ................................................................... 61
4. Deputy M. Tadier of St. Brelade : ........................................................ 61
5. Deputy M. Tadier :........................................................................ 61

6. Deputy K.F. Morel of St. Lawrence : ..................................................... 61
7. Deputy K.F. Morel : ....................................................................... 62

2. Deputy M.R. Higgins of St. Helier of the Chief Minister regarding the response of the former Chief Officer of the States of Jersey Police to the Wiltshire Police Investigation Report (OQ.83/2021): ...................................................... 62

Senator J.A.N. Le Fondré (The Chief Minister): ............................................... 62

1. Deputy M.R. Higgins: .................................................................... 63
2. Senator K.L. Moore : ...................................................................... 64
3. Deputy M. Tadier :........................................................................ 64
4. Deputy M. Tadier :........................................................................ 65
5. Senator S.Y. Mézec : ...................................................................... 65
6. Deputy R.J. Ward of St. Helier : .......................................................... 65
7. Deputy K.G. Pamplin of St. Saviour : .................................................... 65
8. Deputy M.R. Higgins: .................................................................... 65

3. Senator S.Y. Mézec of H.M. Attorney General regarding cases involving a breach of the Residential Tenancy (Jersey) Law 2011 (OQ.77/2021):............................. 66

Mr. M.H. Temple Q.C., H.M. Attorney General: .............................................. 66

1. Senator S.Y. Mézec : ...................................................................... 66
2. Deputy M. Tadier :........................................................................ 66
3. Deputy M. Tadier :........................................................................ 67
4. Deputy M.R. Higgins: .................................................................... 67
5. Deputy G.P. Southern of St. Helier : ...................................................... 67
6. Senator S.Y. Mézec : ...................................................................... 68

4. Deputy K.G. Pamplin of the Chief Minister regarding bullying in the public sector (OQ.71/2021): .............................................................................. 68

Connétable R.A. Buchanan of St. Ouen (Assistant Chief Minister - rapporteur): ............. 68

1. Deputy K.G. Pamplin: .................................................................... 68
2. Deputy R.J. Ward : ........................................................................ 69
3. Deputy R.J. Ward : ........................................................................ 69
4. Senator S.C. Ferguson: ................................................................... 69
5. Senator T.A. Vallois: ..................................................................... 69
6. Deputy K.G. Pamplin: .................................................................... 70

5. Deputy L.M.C. Doublet of St. Saviour of the Minister for Home Affairs regarding the eradication of male violence against women and girls (OQ.76/2021): .................. 70

Connétable L. Norman of St. Clement (The Minister for Home Affairs): ...................... 70

1. Deputy L.M.C. Doublet : .................................................................. 70
2. Deputy M.R. Le Hegarat of St. Helier : ................................................... 71
3. Deputy I. Gardiner of St. Helier : ......................................................... 71
4. Deputy I. Gardiner : ....................................................................... 71
5. Deputy R.J. Ward : ........................................................................ 72
6. Deputy R.J. Ward : ........................................................................ 72
7. Deputy K.G. Pamplin: .................................................................... 72
8. Deputy K.G. Pamplin: .................................................................... 73
9. Deputy L.M.C. Doublet : .................................................................. 73

6. Deputy G.P. Southern of the Chief Minister regarding States members who were reported to have overcharged their tenants for electricity through metered supply (OQ.73/2021): .............................................................................. 73

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

1. Deputy G.P. Southern : .................................................................... 73
2. Senator S.Y. Mézec : ...................................................................... 74
3. Senator S.Y. Mézec : ...................................................................... 74
4. Deputy R.J. Ward : ........................................................................ 74
5. Senator S.C. Ferguson: ................................................................... 75
6. Senator S.C. Ferguson: ................................................................... 75
7. Deputy M. Tadier :........................................................................ 75
8. Deputy M. Tadier :........................................................................ 76
9. Deputy G.P. Southern : .................................................................... 76

7. Deputy K.F. Morel of the Minister for the Environment regarding the legal protection of trees (OQ.74/2021): ..................................................................... 76

Deputy J.H. Young (The Minister for the Environment): ...................................... 77

1. Deputy K.F. Morel : ....................................................................... 77
2. Deputy G.J. Truscott of St. Brelade : ...................................................... 77
3. Deputy G.J. Truscott: ..................................................................... 78
4. Senator S.C. Ferguson: ................................................................... 78
5. Senator S.C. Ferguson: ................................................................... 78
6. Deputy L.M.C. Doublet : .................................................................. 78
7. Deputy L.M.C. Doublet : .................................................................. 79
8. Connétable M.K. Jackson of St. Brelade : ................................................ 79
9. The Connétable of St. Brelade : ........................................................... 79
10. Deputy S.G. Luce of St. Martin : ...................................................... 79
11. The Deputy of St. Martin : ............................................................. 80
12. Deputy K.F. Morel : .................................................................... 80

8. Deputy R.J. Ward of the Minister for Social Security on behalf of Deputy C.S. Alves of St. Helier , who was absent through illness, regarding the detection of overpayments made to those people on Income Support (OQ.84/2021): ............................... 81

Deputy J.A. Martin of St. Helier (The Minister for Social Security):.......................... 81

1. Deputy R.J. Ward : ........................................................................ 81
2. Senator S.Y. Mézec : ...................................................................... 81
3. Deputy G.P. Southern : .................................................................... 81
4. Deputy G.P. Southern : .................................................................... 82
5. Deputy G.P. Southern : .................................................................... 82
6. Deputy R.J. Ward : ........................................................................ 82

9. Senator K.L. Moore of the Minister for Treasury and Resources regarding the tax liability of people who had left Jersey to reside in a country that had a reciprocal tax agreement with the Island (OQ.88/2021): ................................................ 82

Deputy S.J. Pinel of St. Clement (The Minister for Treasury and Resources): ................ 83 3.9.1 Senator K.L. Moore : ...................................................................... 83

10. Deputy R.J. Ward of the Minister for Infrastructure regarding the funding allocated to LibertyBus in the Government Plan 2021–2024 (OQ.88/2021): ..................... 83

Deputy K.C. Lewis of St. Saviour (The Minister for Infrastructure): .......................... 83

1. Deputy R.J. Ward : ..................................................................... 84
2. The Connétable of St. Brelade : ........................................................ 84
3. The Connétable of St. Brelade : ........................................................ 84
4. Deputy R.J. Ward : ..................................................................... 84

11. Senator S.W. Pallett of the Minister for Economic Development, Tourism, Sport and Culture regarding the implementation of Drinks Promotions' (P.105/2020) (OQ.86/2021): .............................................................................. 85

Deputy K.F. Morel (Assistant Minister for Economic Development, Tourism, Sport and

Culture - rapporteur): .................................................................... 85

1. Senator S.W. Pallett: .................................................................. 85
2. Deputy L.B.E. Ash of St. Clement : .................................................... 85
3. Deputy D. Johnson of St. Mary :....................................................... 85
4. Senator S.W. Pallett: .................................................................. 86

12. Connétable A.S. Crowcroft of St. Helier of the Minister for the Environment regarding the public inquiry in respect of the proposed redevelopment of the Ann Street Brewery and Mayfair Hotel sites (OQ.68/2021): ................................. 86

Deputy J.H. Young (The Minister for the Environment): ...................................... 86

1. The Connétable of St. Helier : .......................................................... 87
2. Deputy K.F. Morel : .................................................................... 87
3. Deputy K.F. Morel : .................................................................... 87
4. Senator S.Y. Mézec : ................................................................... 87
5. Senator S.Y. Mézec : ................................................................... 88
6. Deputy H.C. Raymond of Trinity : .................................................... 88
7. Deputy R.J. Ward : ..................................................................... 89
8. The Connétable of St. Helier : .......................................................... 89

13. Deputy S.M. Ahier of St. Helier of the Minister for Economic Development, Tourism, Sport and Culture regarding the prospect of an inquiry into BetIndex Limited (OQ.70/2021): .............................................................................. 90

Deputy K.F. Morel (Assistant Minister for Economic Development, Tourism, Sport and

Culture - rapporteur): .................................................................... 90 3.13.1 Deputy S.M. Ahier : .................................................................... 90

14. Deputy M.R. Le Hegarat of the Minister for Economic Development, Tourism, Sport and Culture regarding the Inspiring Active Places strategy (OQ.80/2021): ........... 90

The Deputy of Trinity (Assistant Minister for Economic Development, Tourism, Sport and

Culture - rapporteur): .................................................................... 91

1. Deputy M.R. Le Hegarat : .............................................................. 91
2. Senator S.W. Pallett: .................................................................. 91
3. Senator S.W. Pallett: .................................................................. 92
4. Deputy L.M.C. Doublet : .............................................................. 92
5. Deputy L.M.C. Doublet : .............................................................. 92
6. Deputy M.R. Le Hegarat : .............................................................. 93

15. Deputy M. Tadier of the Minister for Infrastructure regarding the introduction of single-far transfer bus tickets (OQ.81/2021): ............................................ 93

Deputy K.C. Lewis (The Minister for Infrastructure): .......................................... 93 3.15.1 Deputy M. Tadier : ..................................................................... 93

16. Senator S.Y. Mézec of the Minister for Infrastructure on behalf of Deputy C.S. Alves of St. Helier , who was absent through illness, regarding the primary school estate review in St. Helier (OQ.85/2021): ........................................................ 94

Deputy K.C. Lewis (The Minister for Infrastructure): .......................................... 94 3.16.1 Senator S.Y. Mézec : ................................................................... 94

17. Senator S.Y. Mézec of the Minister for Children and Education regarding a post- Covid-19 recovery plan for children and families (OQ.78/2021): ...................... 94

Deputy J.M. Maçon of St. Saviour (The Minister for Children and Education): ............... 95

18. Connétable A.S. Crowcroft of St. Helier of the Minister for Infrastructure regarding the introduction of a Town hopper bus service (OQ.69/2021): ......................... 95
19. Deputy G.P. Southern of St. Helier of the Minister for Social Security regarding the impact of rent rises on Income Support (OQ.87/2021): ................................. 95
20. Deputy M. Tadier of St. Brelade of the Minister for the Environment regarding pair trawlers fishing in Jersey waters (OQ.82/2021):......................................... 95
21. Deputy K.G. Pamplin of St. Saviour of the Minister for Children and Education regarding the creation of a database to capture the extent and needs of children with a physical disability or a learning difficulty (OQ.72/2021): ............................ 96

22. Deputy K.F. Morel of St. Lawrence of the Minister for the Environment regarding Jersey's territorial limits for fishing (OQ.75/2021): ..................................... 96

4. Questions to Ministers without notice - The Minister for Home Affairs .............. 97

1. Deputy M. Tadier :........................................................................ 97 The Connétable of St. Clement (The Minister for Home Affairs): ............................. 97

1. Deputy M. Tadier :........................................................................ 97
   2. Deputy K.F. Morel : ....................................................................... 98
   3. Senator S.Y. Mézec : ...................................................................... 98

4.3.1 Senator S.Y. Mézec : ...................................................................... 98

4. Deputy K.G. Pamplin: .................................................................... 98
5. Deputy S.M. Ahier : ....................................................................... 99
6. Deputy M.R. Higgins: .................................................................... 99

4.6.1 Deputy M.R. Higgins: .................................................................... 99

7. Senator S.Y. Mézec : ...................................................................... 99

4.7.1 Senator S.Y. Mézec : .................................................................... 100

5. Questions to Ministers without notice - The Minister for Infrastructure ............ 100

1. The Connétable of St. Helier : ........................................................... 100 Deputy K.C. Lewis (The Minister for Infrastructure): ........................................ 100

1. The Connétable of St. Helier : ........................................................... 101
   2. Deputy G.J. Truscott: .................................................................... 101

5.2.1 Deputy G.J. Truscott: .................................................................... 101

3. Deputy M. Tadier :....................................................................... 101

5.3.1 Deputy M. Tadier :....................................................................... 101

4. Connétable K. Shenton-Stone of St. Martin : ............................................ 102
5. Deputy S.M. Ahier : ...................................................................... 102
6. Senator S.C. Ferguson: .................................................................. 102
7. The Connétable of St. Brelade : .......................................................... 102

5.7.1 The Connétable of St. Brelade : .......................................................... 103

8. Deputy G.P. Southern : .................................................................. 103

5.8.1 Deputy G.P. Southern : .................................................................. 103

9. Senator S.W. Pallett: .................................................................... 103
10. The Connétable of St. Helier : ........................................................... 104

6. Questions to Ministers without notice - The Chief Minister .......................... 104

1. Deputy K.G. Pamplin: .................................................................. 104 Senator J.A.N. Le Fondré (The Chief Minister): .............................................. 104

1. Deputy K.G. Pamplin: .................................................................. 104
   2. Senator T.A. Vallois: .................................................................... 105

6.2.1 Senator T.A. Vallois: .................................................................... 105

3. Senator S.Y. Mézec : .................................................................... 105

6.3.1 Senator S.Y. Mézec : .................................................................... 105

4. Connétable J.E. Le Maistre of Grouville : ............................................... 105

6.4.1 The Connétable of Grouville : ........................................................... 106

5. Connétable S.A. Le Sueur -Rennard of St. Saviour : .................................... 106

6.5.1 The Connétable of St. Saviour : .......................................................... 106

6. Deputy G.P. Southern : .................................................................. 106

6.6.1 Deputy G.P. Southern : .................................................................. 107

7. Senator S.Y. Mézec : .................................................................... 107

LUNCHEON ADJOURNMENT PROPOSED .................................................. 107 LUNCHEON ADJOURNMENT ................................................................. 107 PUBLIC BUSINESS .............................................................................. 108

7. Reduction of lodging period.............................................................. 108

1. Senator K.L. Moore (Chair, Corporate Services Scrutiny Panel): ...................... 108
2. Senator K.L. Moore (President, Scrutiny Liaison Committee): ........................ 108

8. Secondary Employment of Public Sector Employees: Review of Policies (P.146/2020)

 ............................................................................................. 108

8.1 Deputy J.M. Maçon: .................................................................... 109

9. Draft States of Jersey (Amendment No. 9) Law 202- (P.3/2021) ...................... 109

1. Senator T.A. Vallois (Vice-Chair, Privileges and Procedures Committee - rapporteur):

 .......................................................................................... 109

2. Senator T.A. Vallois: .................................................................... 112
3. Senator T.A. Vallois: .................................................................... 113

1. Deputy M.R. Higgins: ................................................................... 113
2. Senator T.A. Vallois: .................................................................... 113

10. Draft Road Traffic (No. 65) (Jersey) Regulations 202- (P.6/2021) .................... 115

1. Deputy K.C. Lewis (The Minister for Infrastructure): .................................. 115

1. The Connétable of St. Brelade : ...................................................... 116
2. Deputy K.C. Lewis : .................................................................. 117

2. Deputy K.C. Lewis : ..................................................................... 119
3. Deputy K.C. Lewis : ..................................................................... 120

1. The Connétable of St. Brelade : ...................................................... 120
2. Deputy K.C. Lewis : .................................................................. 120

11. Draft Termination of Pregnancy (Amendment No. 2) (Jersey) Law 202- (P.8/2021) 122

1. Deputy L.M.C. Doublet : ................................................................ 122

1. Senator S.Y. Mézec : .................................................................. 124
2. Deputy R.J. Renouf of St. Ouen :..................................................... 124
3. Deputy L.M.C. Doublet : ............................................................. 124

2. Deputy L.M.C. Doublet : ................................................................ 126

3. Deputy L.M.C. Doublet : ................................................................ 127

1. Deputy K.G. Pamplin: ................................................................ 128
2. Deputy L.M.C. Doublet : ............................................................. 128

12. Draft Income Tax (Payment of 2019 Liability) (Jersey) Regulations 202- (P.9/2021) - as amended (P.9/2021 Amd.) ............................................................ 129

1. Deputy S.J. Pinel (The Minister for Treasury and Resources): ......................... 129

1. Senator K.L. Moore :.................................................................. 131
2. Deputy S.J. Pinel: .................................................................... 132

2. Deputy S.J. Pinel:........................................................................ 134

1. Deputy J.H. Young: .................................................................. 135
2. The Connétable of St. Ouen : ......................................................... 136
3. Deputy S.J. Pinel: .................................................................... 136

3. Deputy S.J. Pinel:........................................................................ 141

1. Senator J.A.N. Le Fondré: ............................................................ 141
2. The Connétable of St. Ouen : ......................................................... 141
3. Deputy S.J. Pinel: .................................................................... 141

13. Land Transaction under Standing Order 168 (3) Office Accommodation Project, Union Street, St Helier – Deferral of approval (P.18/2021 re-issue) .................. 143

13.1 Senator K.L. Moore (Chair, Scrutiny Liaison Committee): ............................ 144

1. Deputy K.C. Lewis : .................................................................. 146
2. The Connétable of St. Helier : ........................................................ 147
3. The Deputy of St. Mary : ............................................................. 149
4. Senator S.Y. Mézec : .................................................................. 149
5. Deputy I. Gardiner : .................................................................. 150
6. The Connétable of St. Brelade : ...................................................... 151
7. Deputy R. Labey of St. Helier : ....................................................... 152
8. Senator S.C. Ferguson: ............................................................... 153
9. Connétable J. Le Bailly of St. Mary : ................................................. 153
10. Deputy S.J. Pinel: .................................................................. 153
11. Senator T.A. Vallois: .............................................................. 154
12. The Connétable of St. Ouen : ...................................................... 155

ADJOURNMENT ................................................................................. 158

[9:32]

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

On behalf of Members I would like to welcome His Excellency the Lieutenant Governor to the virtual sitting of the Chamber this morning.

2. Considering answer to written question

I give notice I have been asked to consider the terms of the answer to Written Question 120, which I will do hopefully over the luncheon adjournment and give my view on it after lunch.

3. Minute's silence on timing of lockdown

I have been asked whether or not we are maintaining a minute's silence at noon today. I was unsighted on this, having heard passing reference to it on the radio this morning, and was not otherwise aware of it. My understanding is it is linked to the timing of lockdown in the United Kingdom and therefore, as our timing of lockdown was different in this jurisdiction, I do not propose to mark it with a formal one minute's silence.

4. Timing of questioning answers to written questions

I have also been asked by the chair of P.P.C. (Privileges and Procedures Committee) in connection with the timing of the questioning of the answers to written questions as I understand there is an element of confusion. It may assist Members if I make the observation that Standing Order 12 relating to written replies to questions has not been altered by the changes made to the 3-weekly cycle. In essence, when a Member considers an answer provided is not directly relevant to the question asked and wishes for there to be a ruling then the Member should contact myself or, of course, the Deputy Bailiff before 12.45 on the day after which the answer has been given. In other words, the Member has until 12.45 on the day after the answer is circulated to raise any concern with me, and it is not necessarily and should not ordinarily be the case that it waits until the next meeting of the Assembly. I hope that is of assistance but if further clarification is needed I am sure the query can be passed back through the chair of P.P.C.

QUESTIONS

2. Written Questions

1. Deputy M.R. Le Hegarat of St. Helier of the Minister for Home Affairs regarding road traffic collisions (WQ.83/2021): Question

Will the Minister advise –

1. how many road traffic collisions have occurred in the last 5 years involving cyclists or pedestrians;
2. the number of such incidents where prosecution was sought; and of those, the number successfully prosecuted;
3. how many officers are qualified as Senior Investigating Officers for such incidents;
4. the required frequency of continuing professional development in relation to this role, and whether officers meet this requirement; and
5. which officer is the operational lead in relation to the investigation of Road Death or serious injury collisions?

Answer

1. Please see the table below:

2. It has not been possible to answer this particular question as the SOJP systems do not allow for such a specific search. It would have been necessary to examine each of the 445 cases above in order to do so and there has neither been the resource or the time to do so since the question was asked.
3. The SOJP have 5 officers currently trained as RTC SIO's. They have all been trained and accredited by the College of Policing (Fatal and serious RTC SIO Course), supplemented by a 2 year accreditation process, again with the College of Policing.
4. All SIO's undergo bi yearly (every 2 years) continuous professional development with ongoing competence and portfolio work. All incidents requiring an RTC SIO are managed on a rotational basis to ensure that officers remain operationally competent.
5. An officer of the rank Inspector is the lead RTC SIO, a position she has held for 7 years.

2. Deputy G.P. Southern of St. Helier of the Minister for Health and Social Services

regarding personal allowance for a Long-Term Care recipient (WQ.84/2021): Question

Will the Minister provide members with the following information –

1. whether the personal allowance for a Long-Term Care recipient living in a care home has been raised in line with R.P.I. from the rate of £37.80 (in place as at 1st January 2020);
2. the number of care home residents that have been required to use this allowance to pay for specialist medical costs, if any;
3. the number of claims, if any, made by low-income care home residents (or those in the community) for financial assistance with specialist medical costs via the Income Support scheme during 2020, as well as the total sum requested?

Answer

1. The Personal Allowance for a Long-Term Care recipient living in a care home was increased by 1.1% effective from January 1st 2021. The value of the weekly allowance is now £38.22. The published figure for RPI to December 2020 was 0.9%.
2. The personal allowance is for the personal use of the care home resident and the Government does this does not hold any records of how these allowances are spent.

3. The total number of Special Payment claims categorised as medical expenses in 2020 from low income care home residents who also claim a Long-Term Care benefit or from Income Support claimants living in the community was 188 and the total sum paid in 2020 was £27,100.

3. Deputy R.J. Ward of St. Helier of the Minister for Children and Education regarding the school meals pilot programme (WQ.86/2021):

Question

Will the Minister advise who the members are of the Pilot Steering Group and the Operational team that are managing the Primary School Meals Pilot Programme; will he further advise how many meetings have been held since the pilot began, and what the timetable is for any future meetings?

Answer

There have been ten Steering Group meetings and the team includes:

• Head of Governance and Resource Management- CYPES
• Head of Public Health Policy – SPPP
• Compliance Officer CYPES
• Health and Community Services Officer – SPPP
• Strategic Policy Performance and Population Officer – SPPP
• Director of Caring Cooks
• Chief Executive Caring Cooks
• Head Chef Caring Cooks

The future timetable for the steering group meetings are programmed quarterly, however meetings can be arranged at short notice to manage any risks, issues or business needs.

There have been seven Operational team meetings and the team includes:

• Compliance Officer CYPES
• Health and Community Services Officer – SPPP
• Janvrin school Head Teacher
• Samares school Head Teacher
• St Luke's Head Teacher
• Director of Caring Cooks
• Chief Executive Caring Cooks
• Head Chef Caring Cooks
• Food Teacher Caring Cooks

The future timetable for the operational team meetings are quarterly.

4. Deputy C.S. Alves of St. Helier of the Chief Minister regarding the Corn Riots Public Holiday (WQ.87/2021):

Question

Further to the approval of P.9/2020 "Public Holiday: designation of 27th September 2021 – Commemoration of the Corn Riots and the Code of 1771", will the Chief Minister advise when he intends to bring forward the necessary Act under the Public Holidays and Bank Holiday (Jersey) Law 1951 to provide for this public holiday?

Answer

The Ministerial Decision process commenced several weeks ago, and the relevant Act was signed and sent to the States Greffe (for lodging) on the 10th March 2021. It will be debated by the Assembly in due course.

5. Senator S.Y. Mézec of the Minister for Treasury and Resources regarding Andium Homes (WQ.88/2021):

Question

Will the Minister (in consultation with the Minister for Social Security, if necessary) provide a breakdown of the following information for each of the last 5 years -

1. the amount that Andium Homes has provided to the Treasury as their financial return;
2. the amount that the Income Support budget has been topped up by Supplementation;
3. the amount paid directly by the Government, in respect of rental payments for their tenants, to Andium Homes; and
4. the amount paid in Income Support in respect of the rental component of private sector tenancies?

Answer

a)  Andium Homes has paid the following sums to the Treasury as part of the agreed annual return:- 2016 £27.728 million

2017 £28.214 million 2018 £28.739 million 2019 £29.673 million

2020 £30.474 million

2. The Income Support budget is provided as part of the Customer and Local Services departmental budget. It is not "topped up by supplementation".
3. and (d)

As the value of Income Support paid to a particular household depends not only on the mix of components that it is entitled to, but also on the other income received by the household, it is not straightforward to report on the value of a specific component in respect of overall Income Support costs. However, to enable an estimate of different types of cost to be made, a method of allocating costs within the various components is used. This method divides the actual Income Support benefit received by a household in proportion to the gross value of each of the components that the household is eligible for, to allocate a specific net value to each of the components. The table provides approximate net values for the cost of rental support to Andium tenants and private sector tenants.

6. The Connétable of St. Mary of H.M. Attorney General regarding zero-hours contracts (WQ.89/2021):

Question

"Will H.M Attorney General explain the aspect of employment law which allows for changes in the terms of an employment contract for it to become a zero-hours contract?"

Answer

It is possible to change the terms of an employment contract for it to become a zero-hours contract by mutual agreement between the parties. However, this is fact sensitive, depends on individual circumstances and there are potential pitfalls and difficulties with zero-hours contracts. I would direct the Connétable to an excellent note on this subject prepared by the Jersey Advisory and Conciliation Service.

https://www.jacs.org.je/media/1094/2019-zero-hour-contracts.pdf

If the Connétable wishes to receive legal advice in respect of an individual matter, I would encourage him to contact the Parish's legal advisors or my Department (provided that we do not have a conflict of interest) for assistance.

7. Deputy M.R. Le Hegarat of St. Helier of Minister for Health and Social Services regarding financings of the Jersey Care Model (WQ.90/2021):

Question

Will the Minister provide details of the total amount spent to date on the Jersey Care Model since it was approved by the Assembly in November 2020, will he further provide a breakdown of this spend detailing the various cost codes?

Answer

The Jersey Care Model (JCM) funding was approved as part of the Government Plan 2021-24, therefore, expenditure could only occur after 1 January 2021. Since 1 January 2021, as per Tranche 1 objectives, work has been undertaken to establish the foundations, including the JCM governance and programme management team structure to deliver the Jersey Care Model. Recruitment is underway with posts likely to be filled from August – therefore costs for the programme management will start increasing from Q3. In parallel, work has progressed on establishing the first parts of a new intermediate care pathway for which costs will be incurred from April 2021.

Some posts and services that have already started in January 2021 are currently still recorded against the existing codes in services, however, a cost category structure for the JCM is currently being set up in the ledger to record the expenditure accurately for the next four years. For Health and Community Services, these are:

JCM Mental Health

JCM External Partners

JCM Adult Social Care

JCM Scheduled Care

JCM Unscheduled Care

JCM Clinical Support Services

JCM Intermediate Care

JCM Women and Children's Services JCM Primary Care and Prevention JCM Programme Management

The JCM funding also included funding for Public Health and Digital which is being recorded in other departments and which undergoes a similar exercise in categorising the expenditure for the JCM so that reports can be produced against the JCM in each department.

The mapping exercise is currently in process and reports are expected to be available from May 2021 for the period January – April 2021.

8. Deputy G.P. Southern of St. Helier of the Minister for Social Security regarding her annual Ministerial Reports (WQ.91/2021):

Question

Will the Minister explain the following in relation to her annual Ministerial Reports –

1. why the decision was made to cease publication after the 2017 Ministerial Report of the five sections detailing the functions of the funds under her ministerial control, especially those labelled tax funded services and benefits which includes Income Support;
2. where this information for 2018 and subsequent years can be found;
3. whether the information in (b) is readily available and accessible to Members of the States and the public; and
4. whether this data is still collected and, if so, whether she will undertake to have it published as soon as possible; and, if not, why not?

Answer

1. From 2018 onwards, Customer and Local Services financial and operational performance data has been included in the States of Jersey Annual Report and Accounts. At the same time, detailed benefit data has been published as set out below.
2. Data for all years between 2012 and 2019 can be found on the opendata.gov.je website.
3. Data is available in the public domain to download from the opendata.gov.je website.

As above, the data is collated and published annually allowing sufficient time for the data to be

complete and for any necessary processing to be undertaken. Note that the publication of the 2019 data was delayed due to resources being transferred to support the response to the Coronavirus pandemic. The 2020 data is due to be published on the website during April 2021.

9. Deputy I. Gardiner of St. Helier of the Minister for Health and Social Services regarding Personal Protective Equipment (WQ.92/2021):

Question

Will the Minister advise –

1. how much money was spent on P.P.E. (Personal Protective Equipment) in 2020, with a breakdown by department;
2. how many P.P.E. suppliers were used, and what was the value of goods procured from each;
3. what procurement or tender process, if any, was followed;
4. which Jersey suppliers, if any, were offered an opportunity to supply P.P.E. in the first wave of the pandemic;
5. what is the monetary value of the P.P.E. that was supplied by Government free of charge to nursing and care homes during 2020; and
6. whether or not his department has used Jersey suppliers to replenish P.P.E. stock, as stated in a Freedom of Information response dated 26th October 2020, entitled PPE for nursing and care homes (FOI)'?

Answer

Will the Minister advise –

1. how much money was spent on P.P.E. (Personal Protective Equipment) in 2020, with a breakdown by department;

The amount spent on PPE during 2020 can be summarised as follows:

Medical  COVID  PPE  Purchased  for PPE Cell 2020

Aprons - Disposable  £38,483 Coverall  £493,283 FFP3 Masks  £1,380,545 Glasses & Goggles  £42,550 Gloves  £51,293 Gowns - Non Sterile  £377,682 Gowns - Sterile  £893,768 Sanitiser 500ml  £389,600 Sanitiser 50-100ml  £405,000 Sanitiser 5L  £133,987 Surgical Masks  £947,003 Surgical Shields & Visors  £455,151 Wipes  £76,208

£5,684,552

Following the introduction of the PPE Cell in April 2020, departmental spend was minimal as internal organisations were provided with their required levels of PPE from this centralised hub.

Please note that some of this PPE remains in stock and will be used during 2021.

2. how many P.P.E. suppliers were used, and what was the value of goods procured from each;

28 suppliers were used to supply COVID Medical PPE during 2020. The value of goods procured from each is commercially sensitive.

3. what procurement or tender process, if any, was followed;

Supplies were sourced through a number of methods, from existing contracts, a wider approved GoJ supplier network and through the Global Pandemic Cell set up to support the Devolved Authorities, Crown Dependencies and Overseas Territories by the UK Government enabling wider leverage, significant volumes and turnaround times, coupled with assured supply chains.

The GoJ's exemption process was applied in certain cases during the earlier stages supported by due diligence and supplier integrity checks. The use of exemptions was recorded in line with our Public Finance Manual.

4. which Jersey suppliers, if any, were offered an opportunity to supply P.P.E. in the first wave of the pandemic

All known suppliers were engaged with to ascertain what volume and type of products were available and also how quickly they could source further products – this included recognised on-island suppliers of PPE and those who diversified into the PPE sector in response to the global demand. Orders were subsequently placed with on-island suppliers where the products offered passed the robust quality conformity and assurance checks required for a pandemic response.

5. what is the monetary value of the P.P.E. that was supplied by Government free of charge to nursing and care homes during 2020; and

The monetary value of the PPE supplied to nursing and care homes during 2020 was £1,000,060.

[This is based on an average cost of products purchased throughout 2020 and allows for the various and sometimes significant price fluctuations of certain products.]

6. whether or not his department has used Jersey suppliers to replenish P.P.E. stock, as stated in a Freedom of Information response dated 26th October 2020, entitled PPE for nursing and care homes (FOI)'?

Yes. Following the Ministerial decision to establish PPE stock levels equivalent to 90 Day Worst Case Scenario', a range of sourcing options were considered to secure the required volumes and variety of products. This included engagement with, and purchase from, on-island suppliers.  

As we look to replenish items, the availability, quality and affordability of goods offered locally will always be considered and this will include the more established suppliers of PPE and also the small proportion of local businesses which diversified into supplying PPE during 2020.  

10. Deputy M.R. Le Hegarat of St. Helier of the Minister for Health and Social Services regarding Covid-19 exemptions (WQ.93/2021):

Question

Will the Chief Minister advise whether some people have been exempted from the need to isolate when arriving in the Island and, if so, provide details regarding-

1. how many have been exempted;
2. who was responsible for deciding exemptions to isolation requirements;
3. on what criteria any such decisions have been based; and
4. how many cases of Covid-19 have been identified in people who were exempt from isolation?

Answer

1. For clarification, individuals granted an exemption are only granted the exemption for a specified reason. They are not granted exemption from general requirements to self-isolate.

At all other times, this exemption does not apply and the person must self-isolate as required by self- isolation guidance. For example, the exemption allows only for the individual to travel to work, attend work and return directly home.

The Contact Tracing, Monitoring and Enforcement Team took on the role of administering the processing of requests for exemptions for workers to attend their premises of work on 26/10/2020. Since that time (correct to 8 March 2021), it has issued:

• For critical work – 711 exemptions for 1,297 workers (some of whom are returning workers)
• For compassionate reasons – 74
• For medical reasons – 43

2. The Contact Tracing, Monitoring and Enforcement team makes the decision as to whether someone is exempt for the purposes of travelling to and attending work. If the exemption is requested for compassionate or medical reasons, the decision is made in conjunction with medical professionals.

The Contact Tracing, Monitoring and Enforcement team, in partnership with colleagues from Jersey Customs & Immigration Service and States of Jersey Police, undertakes checks to confirm the individual is in self-isolation outside of the exemption allowance. In partnership with the Health and Safety Inspectorate, the Contact Tracing, Monitoring and Enforcement team undertakes visits to workplaces to ensure that separation and other measures are sufficient and as described in the application.

3. Applications are made via an online portal.

The reasons why exemptions are granted are the following:

The person is travelling to Jersey for the purpose of completing critical work

The worker's presence is critical to keep the island or a business running

The worker's skills are not available in Jersey

It would be impossible, unreasonable or dangerous for the worker to complete the isolation period before attending their workplace.

The application must include details of how the worker will self-isolate outside of work and what provisions are in place to support this, how they will get to and from work without using public transport / shared lifts, what measures are in place to ensure they isolate away from Jersey residents when in the workplace and how they remain Covid-secure when interacting with other colleagues.

Critical workers are required to submit a negative PCR test taken within 72 hours of their travel into Jersey. They are required to take a test on arrival and must isolate until the result of that test (unless in very exceptional circumstances).

Medical  and  compassionate  requests  are  sent  directly  to  the  Contact  Tracing,  Monitoring  and Enforcement team via a dedicated email address.

4. Fewer than 5 individuals who were provided with exemption from some element of their isolation period have tested positive for Covid-19.

11. Deputy G.P. Southern of St. Helier of the Minister for Social Security regarding Income Support (WQ.94/2021):

Question

Further to the response to WQ.54/2021, will the Minister provide worked examples of households with and without children on Income Support (I.S.), showing all components and disregards on income, between 2014 and 2021 in real and percentage terms; and is it the Minister's assessment that higher I.S. claims in 2021 are mainly caused by large increases in rental components averaging 28%?

Answer

Worked example 1:  Working age single adult – job seeker – bedsit – private sector

The percentage change in Income Support between 1/1/14 and 1/1/21 is 15%.

Worked example 2: Working age couple, one primary school aged child – One parent full time work; one working part time - 2 bed social rented flat.

The percentage change in income support between 1/1/14 and 1/1/21 is 72%

Worked example 3: pensioner couple, receiving full Jersey married OAP, living in 1-bed social rented flat

The percentage change in Income Support benefit between 1/1/14 and 1/1/21 is 14%.

The main driver for higher Income Support claims in 2021 is the impact of Covid-19 on the local economy.   In  respect  of  overall  Income  Support  costs,  the  proportion  of  costs  allocated  to accommodation costs has remained constant between 2017 and 2020.

12. Deputy R.J. Ward of St. Helier of the Assistant Chief Minister regarding Government I.T. systems (WQ.95/2021):

Question

Will the Minister advise –

1. what has been the spend to date on the project to update Government I.T. systems;
2. what is the projected spend over the next 3 years; and
3. what areas of overspend, if any, have been identified?

Answer

Please see below response to questions (a) and (b). Figures quoted are in £ millions.

 *Revenue costs include procurement, software licenses, data storage, operational systems support, etc.

(c)  To date, none of the above projects have overspent. An additional budgetary requirement (over and above the funding provided in the Government Plan 2021-24) has been identified for the ITS Programme (included in the above figures) and scrutiny was briefed on 9th March 2021. A transfer from reserves to provide the funding required for 2021 was included in MD-TR-2021-0013. The additional funding required for future years reflects the need to backfill full-time staffing requirements as identified in the full business case and a contingency figure, this funding will be included in subsequent Government Plans.

13. Deputy R.J. Ward of St. Helier of the Chief Minister regarding the undertaking of Children's Right Impact Assessments (WQ.96/2021):

Question

Will the Chief Minister advise what guidance or instruction, if any, has been provided to Ministers regarding the inclusion of a Children's Rights Impact Assessment for all Propositions brought to the Assembly, in order to promote the strategic aim of putting children first?

Answer

In July 2020, the Council of Ministers approved the policy model for indirect incorporation of the United Nations Convention on the Rights of the Child (UNCRC) into Jersey law. This legislation, which will introduce a statutory Children's Rights Impact Assessment (CRIA), is now being drafted and is expected to be lodged for debate before the end of this year. The exact date of enactment is currently being considered as part of this work.

The first phase of the law will require everyone who is entitled to lodge a proposition under Standing Order 19, to complete and publish a CRIA, as part of the lodging process.

Following agreement by Ministers, the draft CRIA process is currently being piloted within Government and the States Assembly as part of the preparations for the enactment of the indirect incorporation law. Participation in the pilot is voluntary; CRIA will remain an optional process until the law comes into force in 2022.

In preparation for this legislation, development of the final format for Jersey's CRIA process and associated supporting materials is now underway. As part of this work we are reviewing resources and processes from other jurisdictions where CRIA is already established, together with the recent work undertaken on CRIA by the European Network of Ombudspersons for Children (ENOC).

During February, the Minister for Children and Education launched a mandatory Children's Rights Awareness e-learning course to all Government of Jersey employees. This course will provide a universal foundation for more tailored training and support which will follow. Our approach has been informed by the independent Training Needs Analysis, which was commissioned from the University of Wales Trinity Saint David in 2020. This addressed the anticipated support requirements of Ministers, Government Officers, States Members and Community and Voluntary Sector organisations, ahead of the indirect incorporation of the UNCRC into Jersey law.

14. Deputy R.J. Ward of St. Helier of the Minister for International Development regarding U.K. overseas aid (WQ.97/2021):

Question

Will the Minister advise what actions, if any, have been taken to discourage the U.K. Government's planned cuts to overseas aid, reported to be in excess of 60% for some regions in desperate need?

Answer

Jersey has not taken action to discourage the UK Government's planned cuts to overseas aid.

Jersey does not have jurisdiction over the UK's budgets and how they seek to balance their economy, pay for the pandemic and their considerable contribution to producing a vaccine which is now available globally. I should also point out that the UK's contribution to overseas aid will still be 0.5% of GVA which is above the OECD average and above Jersey's contribution of 0.26%.

That said, we, along with our partner organisations are dismayed by the announcement and the speed the UK intends to make their proposed cuts.

Conversely, during the pandemic Jersey has reversed the decline in our own aid budget. We have formally tied our budget to GVA and over the course of the Government plan we have agreed to annual increases of 0.01% thus demonstrating the importance we attach to being a good global citizen, especially in a time of crisis.

15. Deputy G.P. Southern of St. Helier of the Minister for Social Security regarding minimum wage increases (WQ.98/2021):

Question

Will the Minister advise members of any evidence supporting her statement made as part of her response to OQ.48/2021, that increasing minimum wage in Jersey has meant that "some of the industries have gone out of business or they have stopped doing things that they didn't do and then they do not employ as many staff"?

Answer

In its recommendation on minimum wage rates for 2020, issued on 9 October 2019, the Employment Forum noted that one part of my direction to it was to consult on what measures businesses had taken to adjust to the 6.9% increase in the minimum wage, which was implemented in two stages, in April and October 2019.

A link to the Employment Forum's 2019 report and recommendation is here: https://www.gov.je/SiteCollectionDocuments/Working%20in%20Jersey/Minimum%20Wage%20R ecommendation%20Oct19.pdf

In its report, the Forum noted the fact that businesses had referred more in the 2019 survey to strategies to reduce costs than in previous years. The survey showed that 36% of employers had taken specific measures to adjust to the 2019 increase, including reducing the number of staff, reducing working hours and increasing prices for customers.

16. Deputy C.S. Alves of St. Helier of the Chief Minister regarding the organisation of Citizen's Panels (WQ.99/2021):

Question

Given that in his response to OQ.58/2021, the Chief Minister stated that the involvement of Sortition in the organisation of the Citizen Panel/Jury was to help with its establishment and they would not facilitate the discussions, will he therefore advise

1. who will be responsible for running the Citizen Panel/Jury sessions and collecting the data arising from them; and
2. how will the impartiality of data collection methods be protected, and do these methods adhere to international best practices for market and/or social research?

Answer

Both the Citizens' Assembly on Climate Change and the Citizens' Jury on Assisted Dying are supported by a consortium of three organisations.

The role of the Sortition Foundation within this consortium is to undertake the selection process to populate both bodies. This role is in keeping with the purpose and services of the Sortition Foundation (they do not provide facilitation services) and is the same as the role they have played in other citizens' deliberative exercises.

The two other organisations in the consortium, Involve and the New Citizenship Project (NCP), are providing process design and facilitation services. The Citizens' Jury on Assisted Dying is being designed and facilitated by Involve. The Citizens' Assembly on Climate Change is being designed and facilitated by Involve and New Citizenship Project working together. Because of the size of the Citizens' Assembly, a mixed cohort of breakout room facilitators is required to support smaller group deliberation. This cohort are formed of four facilitators from Involve and NCP and three from the Government of Jersey[1].

In response to part a) – it is the role of the consortium to run both exercises, and to ensure the impartiality of the proceedings and of data collection. In addition, because of the scale of the exercise, the States Greffe are providing an officer to act as clerk to the Citizens' Assembly on Climate Change and will be compiling its report of recommendations.

In response to part b) – the Citizens' Assembly and Citizens' Jury are exercises in deliberative (or participatory) democracy. As such, while elements of good practice in market or social research are relevant, the levels of access, representation, probity and transparency for these exercises exceed those of market or social research. The market to provide services that support deliberative democracy exercises is relatively emergent, and formal codes of practice and/or professional accreditations do not exist. However, it is notable that both Involve and NCP are members of the OECDs Innovative Citizen Participation Network[2], which is leading the development of good practice across countries. Involve also established the Deliberative Democracy Practitioners Network in 2019 to build the capacity and capability of practitioners and develop standards and principles for the effective delivery of citizens' assemblies and other deliberative processes.

17. Deputy C.S. Alves of St. Helier of the Minister for Infrastructure regarding the former police headquarters site at Rouge Bouillon (WQ.100/2021):

Question

Following his answer to OQ.56/2021, will the Minister provide members with an update on –

1. the progress of investigations into the use of the former police headquarters site in Rouge Bouillon in relation to Education, Home Affairs and Housing related projects;
2. the budget and resources allocated to each of the above-mentioned working groups undertaking these investigations;
3. the number and date of any/all meetings that have taken place with regards to these investigations, including a list of attendees at each meeting; and
4. a deadline for the completion of each strand of this work?

Answer

1. Justice and Home Affairs (JHA) have completed a very thorough review of potential sites around St Helier to determine the best location for a Fire and Rescue and Ambulance station. The outcome of that study is that the current location is the best for response times and reducing the statistical likelihood of fatal incidents.

Before a decision can be made to commit that site to ongoing use as a critical life saving facility, analysis is being conducted by the Education department to look at sites in St Helier available immediately and in the short term for their suitability for development as primary schools. The Education department have a need to address the imbalance of school distribution in town, particularly with the development of additional residential developments at the Limes, Anne Court, The Brewery, and Gas Place and to try and rationalise the number of schools and provide a more efficient estate with better facilities.

As identified above, there are several housing projects in various stages of development, and it is worth noting that as the hospital and office projects progress there will be further opportunities for residential development that will be coordinated by the Regeneration Steering Group and the Council of Ministers.

2. There is £50K earmarked for the primary school review and a total of £22m over the period of the government plan earmarked for the outcome of the Rouge Bouillon site review.
3. Discussions concerning the Rouge Bouillon site have been ongoing for many years and it is not practical to list them all. However, in the last quarter of 2020 and the first quarter of 2021 the following have been involved in a series of discussions about the future of the former Police Headquarters: The Executive leadership Team, the Corporate Asset Management Board, the JHA Regular Service Provision Project review meetings, including representatives of the Fire and Rescue Services the Ambulance Service and Jersey Property Holdings project manager. The site has also been discussed at the regular meetings of the; Children, Young People Education & Skills (CYPES) leadership team, Infrastructure, Housing & Environment leadership team, Jersey Housing Association leadership team and in CYPES, JHA and Infrastructure ministerial meetings.
4. The JHA blue light review has already been completed and the primary school estate review will report to the council of Ministers in the May meeting.

18. Deputy M.R. Higgins of St. Helier of H.M. Attorney General regarding the use of the Criminal Offences Confiscation Fund (WQ.101/2021):

Question

"Further to the advice of H.M. Solicitor General on 14th December 2020 regarding funding for the Institute of Law and Sea Cadet Headquarters, is it the assessment of H.M. Attorney General that this advice is consistent with that given by Mr. Howard Sharp Q.C. (former Solicitor General) on 1st July 2014, regarding the financing of the grant to the National Trust for Jersey to purchase the Plémont headland site, in relation to how the Criminal Offences Confiscation Fund may be used; and if so, will he explain how the two pieces of advice on this subject align?"

Answer

The advice given by the Solicitor General on 14 December 2020 is entirely consistent with the advice given by Howard Sharp QC on 1 July 2014.

Under Article 24 of the Proceeds of Crime (Jersey) Law 1999, monies in the Criminal Offences Confiscations Fund (COFC) can only be applied by the Minister for Treasury and Resources for the following purposes, that is to say –

1. in promoting or supporting measures that, in the opinion of the Minister for Treasury and Resources, may assist –
   1. in preventing, suppressing or otherwise dealing with criminal conduct,
   2. in dealing with the consequences of criminal conduct, or
   3. without prejudice to the generality of clauses (i) and (ii), in facilitating the enforcement of any enactment dealing with criminal conduct;
2. discharging Jersey's obligations under asset sharing agreements; and
3. meeting the expenses incurred by the Minister for Treasury and Resources in administering the Fund.

The advice given by the Solicitor General on 14 December accurately confirmed that monies from the COFC could not be used to pay for pro bono work by the Institute of Law or for funding Sea Cadet Headquarters because this does not fall into any of the purposes listed in Article 24.

This is consistent with the advice given by Howard Sharp QC in 2014. The Ministerial Decision regarding the use of fund sets out the legal basis for the use of COFC funds. In summary, COCF money was distributed to the Home Affairs Department to be used to contribute to the cost of the new Police Headquarters ("PHQ"). This had the effect of freeing up an equivalent amount from the PHQ head of expenditure, which was then re-routed to fund the Plémont headland site in accordance with Article 18(1)(c) of the Public Finances (Jersey) Law 2005, which states that all or any part of the amount appropriated by a head of expenditure may, with the approval of the Minister for Treasury and Resources, be used for the purposes of another head of expenditure.

As the Solicitor General explained on 14 December 2020, this is not the same as distributing money for one purpose, using a portion of it for that purpose and then re-distributing the rest of the funds for another purpose, as would be the case if a portion of funds were taken from the States of Jersey Police Firearms Range and applied to the Institute of Law. In 2014, the whole of the funds from the COFC were properly used for the PHQ project, which freed up existing funds to be used for the Plémont headland site.

19. Deputy M.R. Higgins of St. Helier of the Minister for Treasury and Resources regarding special purpose funds (WQ.102/2021):

Question

Will the Minister provide members with the following information –

1. details of all special purpose funds enacted under Jersey Law and managed by the Treasury, including the purpose of the fund, the source of the funds, the use of the funds and the criteria and procedure that need to be met in order to access and use the funds in each case; and
2. details of each fund for every year since 2015 showing the amount of monies paid into and out of the fund, and in the case of the latter, itemized payments and their uses?

Nb. This information may exclude the names of recipients of funds providing relief to those in need such as the Greville Bathe Fund, but should include the names and details of any organisations benefitting from such funds.

Answer

The Minister's officers did attempt to contact the Deputy to clarify this question. To try and assist, and to answer part (a) of the question, the Minister has provided a list of all funds which is intended for publication as part of updates to the Public Finances Manual. This list includes the name of the Fund, its purpose and how approvals for deposits and withdrawals are managed. Not all of these are "enacted under Jersey Law". Many exist as a result of gifts, legacies and bequests.

This list includes, for example, the Consolidated Fund which receives all revenue due to and makes all expenditure payments for the States of Jersey. As far as part (b) of the question is concerned the Minister doesn't believe that the Deputy intended her to publish such details which would run to thousands of lines of data and could require significant redaction.

The Minister would be pleased to assist the Deputy further should he wish to contact her directly and identify those funds in which he has a specific interest, noting that such information may require a significant amount of officer time to collate given the 5 year history referred to in the original question.

PURPOSE OF STATES FUNDS

PURPOSE OF FUNDS NAMED IN THE PUBLIC FINANCES (JERSEY) LAW 2019

PURPOSE OF OTHER STATES FUNDS

20. Deputy M.R. Higgins of St. Helier of H.M. Attorney General regarding the Jersey Policy Authority (WQ.103/2021):

Question

Further to his answer to OQ.51/2021 on 2nd March 2021 regarding the role of the Jersey Police Authority, will H.M. Attorney General explain in detail the role of the Authority in overseeing the police and ensuring that investigations are carried out and investigated properly; and further, will he also state whether the Authority has any role in deciding whether an investigation should or should not be carried out into allegations?

Answer

The Jersey Police Authority (the "JPA") is an independent body established under Article 4 of the States of Jersey Police Force Law 2012. The JPA has the duty of ensuring that the States Police Force (a) is an efficient and effective police force; (b) delivers the key aims and objectives set by the Minister within the resources available; and (c) acts in accordance with any management policies set by the Minister. The JPA has no involvement with ensuring investigations concerning police officers are carried out and investigated properly.

My answer to OQ.51/2021 on 2 March 2021 referred to the Jersey Police Complaints Authority (the "Authority"). The Authority is an independent organisation which was established pursuant to the Police (Complaints and Discipline) (Jersey) Law 1999 (the "1999 Law"). The role of the Authority is to oversee, monitor and supervise investigations by the Professional Standards Department of the States of Jersey Police, of complaints made against States of Jersey Police and Honorary Police Officers. The Authority does not carry out the investigations or decide whether matters should be investigated. Except where the 1999 Law provides that certain matters must be investigated, the Chief Officer (in the case of an allegation against a States of Jersey Police officer) or the Attorney General (in the case of an allegation against an Honorary Police officer) will decide whether an allegation should be investigated in accordance with the tests set out in the 1999 Law.

The Authority is independent of the Police, and its members are appointed by the States Assembly on the recommendation of the Minister for Home Affairs. Its role is to ensure that investigating officers carry out the investigations it supervises in a thorough and impartial manner, and to ensure that the Police achieve high standards in the handling of complaints, conduct matters, and death and serious injury matters.

The Authority supervises 3 categories of investigation –

1. those arising from complaints made by members of the Public, which have not been dealt with by informal resolution (i.e. where the complainant consents to this and where the Chief Officer is satisfied where the conduct complained of, even if proved, would not justify a criminal or disciplinary charge);
2. those arising from issues referred to the Authority on a voluntary basis by the States of Jersey Police Force; and
3. those specifically detailed in the Law which must be investigated, such as investigations arising from a complaint into the death or serious injury of individuals following contact with the States of Jersey Police or other descriptions of complaint as prescribed by the Minister for Home Affairs by Order.

21. Deputy L.M.C. Doublet of St. Saviour of the Chief Minister regarding gender terms in policy formation (WQ.104/2021):

Question

Will the Chief Minister explain his understanding of the following terms as they apply to policy formation by the Government of Jersey –

1. gender blind;
2. gender neutral;
3. gender sensitive; and
4. gender mainstreaming?

Answer

The Government of Jersey strives for equality in all of its policy formulation, ensuring compliance with the Discrimination (Jersey) Law 2013. Gender is, of course, one of the characteristics that policy professionals consider at the earliest stages and helps to ensure that Islanders can expect to be treated with dignity and respect.

With respect to gender, consideration is made at every stage of policy development to ensure that the particular needs and interests of women and men are addressed. This includes ensuring that data are available at the decision making stage, on the likely impact of policy delivery on the different genders.

In this respect, public policy development in the Government of Jersey is most closely aligned with the concepts of gender sensitivity and gender mainstreaming.

Gender sensitive refers to the practice of taking into account the particularities and nuances related to the lives of both men and women while aiming to eliminate inequalities and promote gender equality.  Gender mainstreaming involves the inclusion of gender perspectives when preparing policies. Specifically, ensuring the particular needs and interests of women and men are addressed.

By contrast, gender blindness references the lack of awareness surrounding how men and women might be affected differently by a situation due to their differing roles, needs, status or priorities. And gender neutral relates to a disassociation with an issue or policy from gender or an expectation that the policy will affect both genders equally. Neither of these two models are used routinely in policy development within the Government of Jersey.

22. Deputy G.P. Southern of St. Helier of the Chief Minister regarding contracts for services (WQ.105/2021):

Question

Further to his response to Written Question 143/2019, will the Chief Minister advise –

1. how many of the contracts for services which were stated as being "currently under review" have been reviewed in the past year;
2. what those contracts of services were for;
3. which companies were awarded the contracts;
4. whether in all cases workers are being paid the living wage (currently £10.94 per hour), and if not, why not; and  
5. what number of contracts for service are due to be reviewed between now and June 2022?

Answer

1. As advised in our responses WQ.444/2019 and WQ.450/2020 Commercial Services do not hold all service contracts where the Living Wage criteria may be applicable. From the records held there were 13 agreements that were reviewed in 2020, that met the criteria outlined for the Living Wage.
2. and (c) combined in the following table: -

4. The Living Wage terms were applied to all the contracts listed in the table above.

5. There are 39 contracts due to be reviewed during 2021/22 where the Living Wage terms are likely to be applicable. All 39 of these contracts include an existing contractual requirement to comply with the Living Wage criteria, so it will not be necessary to factor this into a future review. The Living Wage contractual clauses were outlined in WQ.450/2020.  

The Commercial Team are unaware of any contracts that do not include the Living Wage criteria, where appropriate. All new agreements will be subject to the contractual terms that define the Living Wage as a requirement.

In 2021 Commercial Services are planning to roll out a new third party code of conduct which will also incorporate Living Wage.

23. Deputy M. Tadier of St. Brelade of the Minister for Home Affairs regarding child abduction cases (WQ.106/2021):

Question

Will the Minister advise members how the States of Jersey Police deal with child abduction cases in the Island where one parent is reported to have taken a child from the Island to another jurisdiction and remains there –

1. without the consent of the other parent; or
2. in breach of a Court Order;

and will he set out, in detail, each step of the procedure followed for (a) and (b) above?

Answer

1. Article 2 of the Criminal Law (Child Abduction) Jersey Law 2005 sets out the offence of abduction by a parent. There are various conditions within the law that need to be met before the offence is committed.

The ongoing safeguarding and welfare of the child/ren involved will always be treated as a priority.

When the police receive a complaint, an investigation will be conducted and this could involve liaison with partner agencies locally, nationally, and internationally, including Law enforcement agencies, Children's service and JCAS for example. The request is too broad to provide information covering all possible responses to every conceivable situation and each investigation would have to be considered on a case by case basis.

Police are not as a matter of course notified or given details of family court orders under the Children's (Jersey) Law 2002 regarding childcare arrangements, and therefore, this would form part of the police investigation.

Part of the investigation may involve liaison with other law enforcement agencies to conduct interviews on SOJP's behalf. Dependent on where the suspected party has moved to, police would liaise with the relevant jurisdictions to establish the jurisdictional agreements in place and the limitations of those agreements.

Once the police investigation is complete, and the evidential test has been met, a report will be submitted with all the relevant information and evidence obtained from any family court proceedings and partner agencies balancing the jurisdictional limitations and agreements in place before taking steps to enforcing the suspected party to return to the Island to face any local judicial process.

2. Breach of a court order put in place in the civil / family court does not necessarily constitute a criminal offence and does not necessarily give police powers of arrest.

The involved parties may in this instance have to take the matter back to the private family court for consideration.

Any additional family court hearing may give Police powers to proceed to criminal investigation, however if the elements of the criminal offence of child abduction are met, the police would investigate thoroughly as outlined above.

24. Deputy M. Tadier of St. Brelade of H.M. Attorney General regarding child abduction cases (WQ.107/2021):

Question

Will H.M. Attorney General advise members how the Law Officers' Department deals with child abduction cases in the Island where one parent has taken a child from the Island to another jurisdiction and remains there; will he explain how the relevant legislation governs such matters; and will he set out the steps that are taken by his Department in such cases to have the child returned to Jersey?

Answer

Child abduction cases may have both a civil and criminal element. The matter will have a civil aspect in respect of the return of the child and a criminal aspect in respect of the prosecution of the parent for removing the child. This answer outlines both areas of the law below.

Civil  

International Abductions

The wrongful removal or retention of a child from Jersey is governed by the Child Abduction and Custody (Jersey) Law 2005 (The Child Abduction Law), and Schedule 1 of the Hague Convention on the Civil Aspects of International Child Abduction (1980) (The Convention). The Convention applies to children under the age of 16 years old. It is a requirement of the Convention for each Contracting State to designate a Central Authority for the purposes of discharging the functions of the Convention. The Attorney General is the designated Central Authority for Jersey (Article 5 Child Abduction Law). There are more than 70 Contracting States to the Convention, the primary purpose of the which is to ensure that Central Authorities co-operate with each other to a) secure the prompt return of children, and b) to ensure that rights of custody (with whom a child should live) and access (with whom a child should have contact) are respected. Article 12 of the Convention provides that where less than one year has elapsed from a wrongful removal, the receiving State should order the return of the child. The exception to this presumption is where the Court in the receiving State is satisfied that the requesting parent was not exercising custody rights at the time of the removal, or there is a grave risk that the child will be exposed to physical or psychological harm.

The removal or retention of a child is considered wrongful where it is in breach of rights of custody under the law of the State from which the child was removed. The Attorney General as Central Authority for Jersey, has an obligation to ensure that applications for the return of a child satisfy the Convention requirements, including ensuring that the factual and legal grounds on which the application for the return of the child is based are clearly stipulated.

The general duties of Central Authorities are set out at Article 7 Schedule 1 of the Convention and relate to children wrongfully removed and to children who are wrongfully brought to or retained in Jersey. In relation to the removal of a child from Jersey those duties include but are not limited to taking all appropriate measures to;

1. discover the whereabouts of the child,
2. secure the voluntary return of the child,
3. exchange information about the child with the relevant Central Authority, and to

4. provide information to the receiving Central Authority about the law and customs of Jersey so far as they relate to custody rights.

It is for the receiving Central Authority to determine whether the application meets the requirements of the Convention. The Law Officers' Department liaises with the relevant Central Authority to assist them to locate the child. If a voluntary return cannot be agreed the receiving Central Authority assists the applicant parent to obtain legal representation in that jurisdiction to commence proceedings for the return of the child to Jersey. It is the duty of the receiving Central Authority to notify the requesting Central Authority of the progress of the proceedings. Assuming a Return Order is made it is usual for either the abducting parent to return to Jersey with the child, or for the applicant parent to arrange for the child to be returned.

Domestic Abductions

An abduction between Jersey and the United Kingdom is considered domestic and is not covered by the terms of the Convention. The Child Custody (Jurisdiction) (Jersey) Law 2005 (the Child Custody Law), provides that where there are corresponding statutory provisions in England, Wales, Scotland and Northern Ireland they shall have equivalent effect in Jersey. This means that an order made in the UK can be registered in Jersey and an application can be made for the order to be enforced in Jersey. Proceedings under the Child Custody Law are private proceedings and the Law Officers' Department does not therefore have a role in domestic abductions.

Criminal  

Abduction of a child by a parent taking the child from the Island to another jurisdiction without appropriate consent constitutes an offence under Article 2 of the Criminal Law (Child Abduction) (Jersey) Law 2005 (the "2005 Law").

Article 4 of the 2005 Law specifies that a person guilty of an offence under this Law shall be liable to imprisonment for a term of 7 years and to a fine.

Once a matter has been referred to the Law Officers' Department, the Attorney General is required under Article 4 to provide consent to the prosecution of the parent.

The parent would not be guilty of an offence if there is a residence order in favour of the parent in force with respect to the child and the parent takes the child out of the island for less than one month. The parent would also not be guilty of an offence if the parent takes the child out of the Island in the belief that the other person has consented or would consent if the person were aware of all the relevant circumstances; or the parent has taken all reasonable steps to communicate with the other person but has been unable to communicate with that other person; or the other person has unreasonably refused to consent.

25. Deputy M.R. Le Hegarat of St. Helier of the Minister for Home Affairs regarding road traffic collisions involving pedestrians and cyclists (WQ.108/2021):

Question

In relation to road traffic collisions involving pedestrians and cyclists, will the Minister advise –

1. what trend analysis, if any, is conducted by the States of Jersey Police;
2. what consideration, if any, is given as part of such analyses to such factors as the location, time of day, environmental conditions, and other contributory factors; and
3. how, if at all, such analyses are used to inform the policing of roads and road safety measures?

Answer

1. Trend analysis as conducted by States of Jersey police is contained in the Appendix below.

2. These factors are not routinely considered. However, the Infrastructure Housing and Environment Department use road traffic collision data made available by the Police to inform and prioritise specific physical safety improvements to our main roads.
3. SOJP continue to gather and analyse intelligence gained from various sources. This intelligence allows them to use resources most effectively when dealing with and preventing vehicles travelling in excess of the speed limit on the island's roads. They also work closely with Honorary Police colleagues who share their fix camera data with us to establish key times to conduct checks.

In 2020 SOJP launched Operation Canvas which to tackle the issue of anti-social driving. Collaboration with Honorary colleagues continues to focus resources on this issue. This has included a number of impact' days and proactive engagement with this community by shift officers.

This work dove tails into road safety, and we will often have a DVS inspection officer with us during these impact' days, allowing them and us to work collaboratively to ensure the vehicles travelling on our roads our safe.

Operation Canvas will continue throughout 2021 and will naturally evolve to continually tackling this issue most effectively.

26. Deputy M.R. Higgins of St. Helier of H.M. Attorney General regarding prosecutions against former Senator Stuart Syvret (WQ.109/2021):

Question

Will H.M. Attorney General inform members of –

1. the title, date, and nature of all civil and criminal cases in Jersey's courts where former Senator Stuart Syvret was sued or prosecuted by Jersey authorities from 2008 onwards;
2. the names of the judges, law officers, lawyers (representing both the States and defendant) and other government prosecution or suing authorities involved in these cases;
3. details of the body, or bodies, instigating the prosecution in these cases;
4. details of any penalties imposed and court orders issued, including injunctions; and
5. the cost of each action?

Answer

Many law reports are publicly available on the Jersey Legal Information Board website. The reported

judgments will contain most of the information listed above.

1. Civil

In 2014, proceedings were brought against Mr Syvret in the name of the Treasurer of the States. The action was brought in respect of costs ordered against Mr Syvret by the Royal Court and the Court of Appeal which had not been paid. The costs arose because of an unsuccessful challenge brought by Mr Syvret against the Chief Minister, the States' Employment Board and the Attorney General which included a claim for damages for injury allegedly suffered while he was a Minister and judicial reviews of certain decisions. These claims were struck out.

The two related judgments can be found here and here. Criminal

Between July 2009 and November 2010, Mr Syvret was convicted of and sentenced in respect of 4 offences. The cases were heard in the Magistrate's Court and as such there is no published judgment available.

The Law Officers' Department cannot provide any additional information to that which is already in the public domain in relation to these offences, not least because the convictions are now spent under the Rehabilitation of Offenders (Jersey) Law 2001.

2. Treasurer of the States v Syvret

The Judge in this matter was H.W.B. Page QC, Commissioner, sitting with Jurats Kerley and Blampied.

Advocate Gregory White represented the Treasurer of the States and Mr Syvret appeared in person. Criminal charges against Mr Syvret

The Magistrate in this matter was (then Assistant) Magistrate Bridget Shaw.

Advocate William Redgrave represented the Attorney General in the Magistrate's Court. The Law Officers' Department does not have details of who represented Mr Syvret.  

Law Officers

The Law Officers at the time of both the civil and criminal cases were: Attorney General - Timothy Le Cocq QC

Solicitor General – Howard Sharp QC

3. The civil proceedings were initiated in the name of the Treasurer of the States in 2014.

We have not had the opportunity to check written records, but it is most probable that the Attorney General or the Solicitor General instigated the prosecutions and a Centenier would have charged Mr Syvret for the offences.

4. In the civil proceedings, judgment was awarded against Mr Syvret in the sum of £67,859, being the sums owed by Mr Syvret.

The Law Officers' Department cannot provide details of the sentences imposed in respect of the criminal convictions for the reasons mentioned above.

5. The costs in relation to the criminal trial and associated hearings were discussed in the States Assembly on 12 September 2011 and costs in relation to other matters involving Mr Syvret have also been discussed previously in the States Assembly.  

27. Deputy M.R. Higgins of St. Helier of H.M. Attorney General regarding fraud cases (WQ.110/2021):

Question

Will H.M. Attorney General –

1. advise how fraud cases involving financial services entities and individuals are investigated and prosecuted by the Law Officers' Department and set out the legal roles of the States of Jersey Police and of the Jersey Financial Services Commission (from a regulatory perspective) in such cases, and how these processes have changed (if at all) over the last ten years; and

2. state the name, date and nature of fraud cases involving financial service entities and individuals prosecuted over the last 10 years and their outcome, including (if known) any regulatory action or sanctions taken against them by the Commission?

Answer

1. The Attorney General has statutory investigatory powers in respect of cases of serious or complex fraud under the Investigation of Fraud (Jersey) Law 1991 which grants special compulsory powers to require persons (including businesses and banks) to provide documents and answer relevant questions including those in relation to confidential matters. Moreover since October 2017 a specialised Economic Crime and Confiscation Unit has existed within the Law Officers' Department, carrying out investigations of serious financial crime, money laundering, terrorism financing, failings of systems and controls in regulated financial institutions under the Money  Laundering (Jersey) Order 2008, and civil asset forfeiture (including in cases where there is insufficient evidence to prosecute a criminal offence) under the new Forfeiture of Assets (Civil Proceedings) (Jersey) Law 2018. The Unit consists of legal advisers, a forensic accountant and at least one Detective Sergeant of the States of Jersey Police on secondment. An operating protocol agreed between the Attorney General and the Police sets out the relationship between the agencies and the criteria for cases to be adopted by the Unit which includes fraud cases involving financial services entities and individuals.

The Jersey Financial Services Commission is an independent agency established under the Financial Services Commission (Jersey) Law 1998. Its role is described on its website as reducing the risk to the public of losses caused by financial service providers and enhancing Jersey's integrity and international reputation (inter alia). Its statutory responsibilities include supervising compliance by financial institutions and certain designated non-financial businesses and members of professions fixed with statutory anti-money laundering duties. The Proceeds of Crime (Supervisory Bodies) (Jersey) Law 2008 provides the Commission with powers including to conduct investigations and on-site examinations, require the production of information and documents, enter and search premises when so authorised, and do anything that is conducive to the performance of its supervisory functions under that Law. The Commission also has a range of powers to sanction poor conduct. These include powers to: revoke or apply a condition to an entity's registration; issue a direction to carry out or desist from carrying out an act, including holding certain types of employment; issue a public statement in a variety of circumstances; and apply to the Royal Court for an injunction or other intervention. Finally, since amendment of the 1998 Law in 2015 the Commission has had the power to impose a civil financial penalty on certain types of business for significant and material breaches of the Commission's Codes of Practice, and in 2018 this power was extended to allow financial penalties to be levied on individuals ("principal persons") involved in any such contravention.

Notwithstanding their independence from one another, the above agencies enjoy a productive working relationship. They meet at least monthly in a "Tripartite" arrangement to discuss strategic issues, learning opportunities, and potential investigations. Since 2019 representatives of each agency have met on a weekly basis to identify matters collaboratively that might be investigated by one or other agency.

2. The following is a summary taken from the published judgments of the Royal Court in the cases that concern "fraud cases involving financial service entities and individuals prosecuted over the last 10 years". It does not include other kinds of financial crime, or investigations which were discontinued before reaching court, or acquittals or cases conducted entirely in the Magistrates court. As many of the interventions applied by the Commission are not done publicly, it has not been possible to say what action or sanction has been carried out by the Commission in these cases.