States Meeting Transcript - 2nd March 2021

STATES OF JERSEY OFFICIAL REPORT TUESDAY, 2nd MARCH 2021

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

1.1 Welcome to His Excellency the Lieutenant Governor .................................. 10 QUESTIONS ........................................................................................ 10

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

1. The Connétable of St Brelade of the Minister for Treasury and Resources regarding the tender for the provision of a new tug for the Ports of Jersey (WQ.39/2021):...... 10
2. Senator S.Y. Mézec of the Minister for Treasury and Resources regarding people earning over £1 million in Jersey (WQ.40/2021): ........................................ 11
3. Deputy K.G. Pamplin of St. Saviour of the Chief Minister regarding unpublished Government reports (WQ.41/2021): ...................................................... 11
4. Deputy R.J. Ward of St. Helier of the Minister for Education regarding peak flow testing in schools (WQ.42/2021): .......................................................... 12

5. Senator S.Y. Mézec of H.M. Attorney General regarding voting and Powers of Attorney (Jersey) Law 1995 (WQ.44/2021):.............................................. 12
6. Senator S.Y. Mézec of the Minister for Social Security regarding increasing the level of the minimum wage to the same as the living wage (WQ.45/2021):.................. 13
7. Deputy R.J. Ward of St. Helier of the Chief Minister regarding conflicts of interest (WQ.46/2021): .............................................................................. 13
8. Deputy R.J. Ward of St. Helier of the Minister for Education regarding the free school meals pilot programme (WQ.47/2021):........................................... 14

9. Deputy R.J. Ward of St. Helier of the Minister for Infrastructure regarding the priority given to pedestrians, cyclists and horse riders in Green Lanes (WQ.48/2021): .............................................................................................. 15

10. Senator S.C. Ferguson of the Minister for Treasury and Resources regarding JT network problems (WQ.49/2021): ........................................................ 16
11. Senator S.C. Ferguson of the Minister for Economic Development, Tourism, Sport and Culture regarding JT reliability and communication (WQ.50/2021): ............ 16

12. Deputy C.S. Alves of St. Helier of the Minister for Education regarding Lateral Flow Testing on Students (WQ.51/2021): ...................................................... 16
13. Deputy C.S. Alves of St. Helier of the Minister for Health and Social Services regarding the Jersey Covid Alert app (WQ.52/2021): .................................. 17
14. Deputy C.S. Alves of St. Helier of the Minister for Health and Social Services regarding workforce testing (WQ.53/2021): ............................................. 18
15. Deputy G.P. Southern of St. Helier of the Minister for Social Security regarding the rates of Income Support components (WQ.54/2021): ................................... 19
16. Deputy G.P. Southern of St. Helier of the Minister for External Relations regarding the impact of Brexit (WQ.56/2021): ...................................................... 21
17. Deputy I. Gardiner of St. Helier of the Minister for the Environment regarding the Blue Badge Scheme (WQ.57/2021): ...................................................... 22
18. Deputy I. Gardiner of St. Helier of the Minister for Infrastructure regarding the Blue Badge Scheme (WQ.58/2021): ............................................................ 22
19. Deputy M.R. Higgins of St. Helier of the Minister for Health and Social Services regarding the recording of incidents in the Hospital and the wider health service (WQ.59/2021): .............................................................................. 23

20. Deputy M.R. Higgins of St. Helier of the Minister for Health and Social Services regarding the recording of incidents in the Hospital and the wider health service (WQ.60/2021): .............................................................................. 24

21. Deputy M.R. Higgins of St. Helier of the Minister for Treasury and Resources regarding the Criminal Offences Confiscation Fund (WQ.61/2021): .................. 26
22. Deputy L.B.E. Ash of St. Clement of the Minister for Economic Development, Tourism, Sport and Culture regarding the football goals at F.B. Fields and Le Rocquier School (WQ.62/2021): .......................................................... 28

23. Senator S.Y. Mézec of the Minister for Treasury and Resources regarding Income tax assessment bands for 2011-2021 (WQ.63/2021): ......................................... 29
24. Senator S.Y. Mézec of the Minister for Treasury and Resources regarding incomes above £1 million and relative low incomes (WQ.64/2021): .............................. 35
25. Senator K.L. Moore of the Chief Minister regarding letters of instruction issued by Ministers (WQ.65/2021): .................................................................. 36
26. Senator S.Y. Mézec of the Chair of the Privileges and Procedures Committee regarding States Members as private residential landlords (WQ.66/2021): ........... 37
27. Deputy K.F. Morel of St Lawrence of the Minister for Treasury and Resources regarding electricity charges levied by Jersey Electricity (WQ.67/2021): ............. 42

28. Deputy K.F. Morel of St Lawrence of the Minister for Treasury and Resources regarding telecom charges levied by Jersey Telecom (WQ.68/2021): .................. 42

29. Deputy K.F. Morel of St Lawrence of the Minister for Treasury and Resources regarding charges levied by Jersey Water (WQ.69/2021): .............................. 43
30. Deputy R.J. Ward of St. Helier of the Minister for the Environment regarding subsiding the Home Energy Audit Scheme (WQ.70/2021): ............................. 44
31. Deputy R.J. Ward of St. Helier of the Minister for Infrastructure regarding fuel issues (WQ.71/2021): ...................................................................... 45
32. Deputy R.J. Ward of St. Helier of the Minister for Education regarding use of consultants to produce the education reform program (WQ.72/2021): ................ 46
33. The Deputy of St. Mary of the Assistant Chief Minister regarding the relocation of the Crematorium for the hospital project at Overdale (WQ.73/2021): .................... 46

34. Deputy K.G. Pamplin of St. Saviour of the Minister for Health and Social Services regarding the selection of the Independent Advisory Panel to the Assisted Dying Citizen's Jury (WQ.74/2021): ............................................................. 47

35. Deputy K.G. Pamplin of St. Saviour of the Minister for Children and Housing regarding staffing levels at C.A.M.H.S (WQ.75/2021):.................................. 48
36. Deputy K.G. Pamplin of St. Saviour of the Minister for Health and Social Services regarding staff in his department (WQ.76/2021): ....................................... 50
37. Deputy M.R. Higgins of St. Helier of H.M. Attorney General regarding bias in relation to activities of politicians, civil servants, the Law Officer's Department and the Judiciary (WQ.77/2021): .............................................................. 51

38. Deputy M.R. Higgins of St. Helier of the Minister for Social Security regarding Income Support (WQ.78/2021): .......................................................... 52
39. Deputy M.R. Higgins of St. Helier of the Minister for Treasury and Resources regarding high net worth residents (WQ.79/2021):...................................... 55
40. Deputy L.M.C Doublet of St. Saviour of the Minister for Health and Social Services regarding risk factors in restrictions on gatherings (WQ.80/2021): .................... 56
41. Deputy L.M.C Doublet of St. Saviour of the Minister for Health and Social Services regarding risk assessments of exempting younger children from public health guidance (WQ.81/2021): ................................................................... 57

42. Deputy L.M.C Doublet of St. Saviour of the Minister for Health and Social Services regarding the needs and rights of younger children in relation to the Covid-19 Winter Strategy (WQ.82/2021):.................................................................... 57

3. Oral Questions ............................................................................. 58

1. Deputy K.G. Pamplin of St. Saviour of the Minister for Children and Education regarding the impact of the Covid-19 pandemic on the implementation of the recommendations of the Independent Jersey Care Inquiry (OQ.34/2021): ............ 58

Deputy J.M. Maçon of St. Saviour (The Minister for Children and Education): ............... 58

1. Deputy K.G. Pamplin: .................................................................... 58
2. Senator S.Y. Mézec : ...................................................................... 58
3. Senator S.Y. Mézec : ...................................................................... 58
4. Deputy R.J. Ward of St. Helier : .......................................................... 59
5. Deputy R.J. Ward : ........................................................................ 59
6. Deputy M. Tadier of St. Brelade : ........................................................ 59
7. Deputy M. Tadier :........................................................................ 59
8. Deputy K.G. Pamplin: .................................................................... 60

2. Deputy M.R. Higgins of St. Helier of H.M. Attorney General regarding the legal responsibility for oversight of the States of Jersey Police (OQ.51/2021):.............. 60

Mr. M.H. Temple Q.C., H.M. Attorney General: .............................................. 60 3.2.1 Deputy M.R. Higgins: .................................................................... 60

3. Deputy I. Gardiner of St. Helier of the Chief Minister regarding legislation to address cyber-abuse, cyberbullying and online trolling (OQ.65/2021): ......................... 61

Senator J.A.N. Le Fondré (The Chief Minister): ............................................... 61

1. Deputy I. Gardiner : ....................................................................... 61
2. Deputy L.M.C. Doublet of St. Saviour : .................................................. 61
3. Deputy L.M.C. Doublet : .................................................................. 62
4. Deputy M.R. Higgins: .................................................................... 62
5. Senator S.Y. Mézec : ...................................................................... 63
6. Senator S.Y. Mézec : ...................................................................... 63
7. Deputy R.J. Ward : ........................................................................ 63
8. Deputy R.J. Ward : ........................................................................ 64
9. Deputy I. Gardiner : ....................................................................... 64

4. Deputy G.P. Southern of St. Helier of the Minister for Social Security regarding the changes to Income Support components since 2014 (OQ.48/2021): .................... 64

Deputy J.A. Martin of St. Helier (The Minister for Social Security):.......................... 64

1. Deputy G.P. Southern : .................................................................... 65
2. Deputy R.J. Ward : ........................................................................ 65
3. Deputy R.J. Ward : ........................................................................ 65
4. Deputy M. Tadier :........................................................................ 66
5. Deputy M. Tadier :........................................................................ 66
6. Deputy M.R. Higgins: .................................................................... 67
7. Deputy M.R. Higgins: .................................................................... 67
8. Deputy G.P. Southern : .................................................................... 68

5. Senator S.Y. Mézec of the Chief Minister regarding measures taken by the Government of Jersey to address the impact of a long-term freeze in real-terms earnings (OQ.63/2021): .................................................................... 68

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

1. Senator S.Y. Mézec : ...................................................................... 68
2. Deputy G.P. Southern : .................................................................... 69
3. Deputy G.P. Southern : .................................................................... 69
4. Deputy R.J. Ward : ........................................................................ 69
5. Deputy R.J. Ward : ........................................................................ 69
6. Senator K.L. Moore : ...................................................................... 70
7. Senator K.L. Moore : ...................................................................... 70
8. Senator S.Y. Mézec : ...................................................................... 71

6. Deputy L.M.C. Doublet of the Minister for Health and Social Services regarding the legal provisions regarding children under the age of 12 and gatherings (OQ.54/2021): .............................................................................................. 72

Deputy R.J. Renouf of St. Ouen (The Minister for Health and Social Services):.............. 73

1. Deputy L.M.C. Doublet : .................................................................. 73
2. Deputy C.S. Alves of St. Helier : .......................................................... 73
3. Deputy I. Gardiner : ....................................................................... 73
4. Deputy I. Gardiner : ....................................................................... 74
5. Deputy L.M.C. Doublet : .................................................................. 74

7. Connétable A.S. Crowcroft of St. Helier of the Minister for Treasury and Resources regarding the review of the provision of public services by the Parishes (OQ.55/2021): .............................................................................................. 75

Deputy S.J. Pinel of St. Clement (The Minister for Treasury and Resources): ................ 75 3.7.1 The Connétable of St. Helier : ............................................................ 75

8. Deputy M.R. Le Hegarat of St. Helier of the Assistant Chief Minister regarding the health services due to be relocated from Overdale to the former Les Quennevais School building (OQ.46/2021): ............................................................ 75

Senator L.J. Farnham (Assistant Chief Minister):.............................................. 75

1. Deputy M.R. Le Hegarat : ................................................................ 76
2. Deputy I. Gardiner : ....................................................................... 76
3. Deputy I. Gardiner : ....................................................................... 76
4. Senator K.L. Moore : ...................................................................... 77
5. Deputy M.R. Le Hegarat : ................................................................ 77

9. Deputy S.M. Ahier of St. Helier of the Minister for Health and Social Services regarding the restrictions on relatives visiting family members in care homes (OQ.57/2021): .............................................................................. 77

The Deputy of St. Ouen (The Minister for Health and Social Services): ...................... 77

1. Deputy S.M. Ahier : ....................................................................... 78
2. The Connétable of St. Helier : ............................................................ 78
3. The Connétable of St. Helier : ............................................................ 78
4. Deputy S.M. Ahier : ....................................................................... 78

10. Deputy C.S. Alves of the Chief Minister regarding the diversity of citizens' panels and juries set up by the Government of Jersey (OQ.58/2021): .............................. 79

Senator J.A.N. Le Fondré (The Chief Minister): ............................................... 79

1. Deputy C.S. Alves : .................................................................... 79
2. Deputy L.M.C. Doublet : .............................................................. 79
3. Deputy L.M.C. Doublet : .............................................................. 80
4. Deputy R.J. Ward : ..................................................................... 80
5. Deputy M.R. Higgins: ................................................................. 80
6. Deputy M.R. Higgins: ................................................................. 80
7. Deputy C.S. Alves : .................................................................... 80

11. Deputy M. Tadier of the Assistant Chief Minister regarding consultation with the residents of Les Quennevais Park and Clos des Sables regarding the relocation of facilities from Overdale to the former Les Quennevais School site (OQ.61/2021): .... 81

Senator L.J. Farnham (Assistant Chief Minister):.............................................. 81

1. Deputy M. Tadier : ..................................................................... 81

2. Connétable M.K. Jackson of St. Brelade : ............................................. 82
3. Senator S.W. Pallett: .................................................................. 82
4. Senator S.W. Pallett: .................................................................. 82
5. Deputy M. Tadier : ..................................................................... 83

12. Deputy R.J. Ward of the Minister for Social Security regarding the discretion exercised in cases where an adult claimant of Income Support left work without good cause and their household included children (OQ.60/2021):............................ 83

Deputy J.A. Martin (The Minister for Social Security): ........................................ 83

1. Deputy R.J. Ward : ..................................................................... 83
2. Deputy G.P. Southern : ................................................................ 84
3. Deputy G.P. Southern : ................................................................ 84
4. Deputy R.J. Ward : ..................................................................... 84

13. Deputy K.F. Morel of St. Lawrence of the Minister for International Development regarding the actions taken to help people in developing countries to gain access to Covid-19 vaccines (OQ.45/2021): ......................................................... 84

Deputy C.F. Labey of Grouville (The Minister for International Development): .............. 85 3.13.1 Deputy K.F. Morel : .................................................................... 85

14. Deputy R.J. Ward of the Minister for the Environment regarding the records kept of incidences where a residential rental property had failed to meet fire safety standards (OQ.52/2021): .............................................................................. 85

Deputy J.H. Young of St. Brelade (The Minister for the Environment): ....................... 85

1. Deputy R.J. Ward : ..................................................................... 86
2. Senator S.Y. Mézec : ................................................................... 86
3. Senator S.Y. Mézec : ................................................................... 87
4. Deputy M. Tadier : ..................................................................... 87

15. Deputy M.R. Higgins of the Minister for Social Security regarding the discretion available to her in relation to the management of debts owed by Income Support recipients due to overpayments (OQ.52/2021): .......................................... 87

Deputy J.A. Martin (The Minister for Social Security): ........................................ 87

1. Deputy M.R. Higgins: ................................................................. 87
2. Deputy R.J. Ward : ..................................................................... 88
3. Deputy R.J. Ward : ..................................................................... 88
4. Deputy G.P. Southern : ................................................................ 88
5. Deputy G.P. Southern : ................................................................ 88
6. Deputy M.R. Higgins: ................................................................. 89

16. Deputy C.S. Alves of the Minister for Health and Social Services regarding workforce testing for Covid-19 (OQ.59/2021): ....................................................... 89

The Deputy of St. Ouen (The Minister for Health and Social Services): ...................... 89

1. Deputy C.S. Alves : .................................................................... 89
2. Deputy I. Gardiner : .................................................................... 90
3. Deputy I. Gardiner : .................................................................... 90
4. Deputy C.S. Alves : .................................................................... 90

17. The Connétable of St. Helier of the Minister for Infrastructure regarding the future use of the former police headquarters site in Rouge Bouillon (OQ.56/2021): ......... 90

Deputy K.C. Lewis of St. Saviour (The Minister for Infrastructure): .......................... 90

1. The Connétable of St. Helier : .......................................................... 91

2. Senator S.Y. Mézec : ................................................................... 91
3. Senator S.Y. Mézec : ................................................................... 91
4. Deputy R.J. Ward : ..................................................................... 92
5. Deputy I. Gardiner : .................................................................... 92

4. Questions to Ministers without notice - The Minister for External Relations and Financial Services .......................................................................... 92

1. Senator K.L. Moore : ...................................................................... 92 Senator I.J. Gorst (The Minister for External Relations and Financial Services): .............. 92

1. Senator K.L. Moore : ...................................................................... 92
   2. Senator S.Y. Mézec : ...................................................................... 93

4.2.1 Senator S.Y. Mézec : ...................................................................... 93

3. Deputy S.M. Ahier : ....................................................................... 93
4. Deputy R.J. Ward : ........................................................................ 93

4.4.1 Deputy R.J. Ward : ........................................................................ 94

5. Deputy M.R. Higgins: .................................................................... 94

4.5.1 Deputy M.R. Higgins: .................................................................... 94

6. Deputy K.F. Morel : ....................................................................... 94

4.6.1 Deputy K.F. Morel : ....................................................................... 95

7. Senator S.C. Ferguson: ................................................................... 95

5. Questions to Ministers without notice - The Minister for Health and Social Services 95

1. Deputy R.J. Ward : ........................................................................ 95 The Deputy of St. Ouen (The Minister for Health and Social Services): ...................... 96

1. Deputy R.J. Ward : ........................................................................ 96
   2. Deputy I. Gardiner : ....................................................................... 96

5.2.1 Deputy I. Gardiner : ....................................................................... 96

3. Deputy K.F. Morel : ....................................................................... 96

5.3.1 Deputy K.F. Morel : ....................................................................... 97

4. Deputy S.M. Ahier : ....................................................................... 97
5. Deputy M. Tadier :........................................................................ 97

5.5.1 Deputy M. Tadier :........................................................................ 98

6. Deputy G.P. Southern : .................................................................... 98
7. Deputy M.R. Higgins: .................................................................... 98
8. Deputy M.R. Le Hegarat : ................................................................ 99

6. Questions to Ministers without notice - The Chief Minister ............................ 99

1. Deputy K.G. Pamplin: .................................................................... 99 Senator J.A.N. Le Fondré (The Chief Minister): ............................................... 99

1. Deputy K.G. Pamplin: .................................................................... 99
   2. Deputy L.B.E. Ash of St. Clement : ...................................................... 99

6.2.1 Deputy L.B.E. Ash:...................................................................... 100

3. Deputy S.M. Ahier : ...................................................................... 101
4. Senator S.Y. Mézec : .................................................................... 101

6.4.1 Senator S.Y. Mézec : .................................................................... 101

5. Deputy R.J. Ward : ...................................................................... 102

6.5.1 Deputy R.J. Ward : ...................................................................... 102

6. Deputy K.F. Morel : ...................................................................... 102

6.6.1 Deputy K.F. Morel : ...................................................................... 102

7. Deputy M.R. Higgins: ................................................................... 103

LUNCHEON ADJOURNMENT PROPOSED .................................................. 103 LUNCHEON ADJOURNMENT ................................................................. 103 PUBLIC BUSINESS .............................................................................. 104

7. Reduction of lodging period.............................................................. 104

7.1 Senator S.C. Ferguson: .................................................................. 104

8. Encroachments on the Foreshore: Revised Policy (P.111/2020) ...................... 106

1. Deputy K.C. Lewis (The Minister for Infrastructure): .................................. 107

2. Encroachments on the Foreshore: Revised Policy: amendment (P.111/2020 Amd.) 108

8.2.1 The Deputy of Grouville : ................................................................ 109

3. Encroachments on the Foreshore: Revised Policy: amendment (P.111/2020 Amd.): amendment (P111/2020 Amd.Amd.) .................................................... 111

1. Deputy K.C. Lewis (The Minister for Infrastructure): .................................. 111
2. The Connétable of St. Brelade : .......................................................... 112
3. The Deputy of Grouville : ................................................................ 112
4. Deputy M. Tadier :....................................................................... 113
5. Deputy K.C. Lewis : ..................................................................... 113

4. Encroachments on the Foreshore: Revised Policy: amendment (P.111/2020 Amd.) - as amended ................................................................................... 115

1. Connétable C.H. Taylor of St. John : .................................................... 115
2. Deputy J.H. Young: ..................................................................... 115
3. The Connétable of St. Brelade : .......................................................... 115
4. Deputy K.C. Lewis : ..................................................................... 118
5. Senator J.A.N. Le Fondré: .............................................................. 119
6. The Deputy of St. Ouen : ................................................................ 122
7. Senator K.L. Moore : .................................................................... 123
8. The Deputy of Grouville : ................................................................ 124

5. Encroachments on the Foreshore: Revised Policy (P.111/2020) - as amended ....... 127

1. The Connétable of St. Brelade : .......................................................... 127
2. Deputy J.H. Young: ..................................................................... 127
3. Deputy K.C. Lewis : ..................................................................... 127

9. Migration Control Policy (P.137/2020) .................................................. 129

1. Deputy R.E. Huelin of St. Peter (Assistant Chief Minister - rapporteur): .............. 129

2. Migration Control Policy (P.137/2020): second amendment (P.137/2020 Amd.(2)) . 132

9.2.1 Deputy L.M.C. Doublet (rapporteur): .................................................. 132

3. Migration Control Policy (P.137/2020): second amendment (P.137/2020 Amd.(2)): amendment (P.137/2020 Amd.(2)Amd.) ................................................ 133

1. The Deputy of St. Peter (Assistant Chief Minister - rapporteur): ...................... 134
2. Connétable R.A. Buchanan of St. Ouen : ................................................ 134
3. Deputy K.F. Morel : ...................................................................... 136
4. Deputy L.M.C. Doublet : ................................................................ 137 Senator T.A. Vallois: .......................................................................... 138 Mr. M. Jowitt., H.M. Solicitor General: ....................................................... 139 Deputy M. Tadier : ............................................................................. 139

5. Deputy L.B.E. Ash:...................................................................... 139
6. Deputy M. Tadier :....................................................................... 140 The Solicitor General: ......................................................................... 142
7. Deputy R. Labey : ........................................................................ 142
8. Deputy R.J. Ward : ...................................................................... 142

ADJOURNMENT ................................................................................. 143

[9:32]

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

The Bailiff :

1.1  Welcome to His Excellency the Lieutenant Governor

I am not sure if His Excellency has joined us this morning but if he has then of course we welcome him in the usual way.

QUESTIONS

2.  Written Questions The Bailiff :

There are a number of answers tabled to Written Questions. I have been asked to make a ruling in connection with one of those. Deputy Higgins has raised with me the written answer to Question 61. I have considered this and it seems to me that the question asks for funding allocations from 3 sources of funds. The first is the Government Plan or Budget, the second is the Criminal Offences Confiscation Fund and the third is any other special purpose fund. The answer deals with the Criminal Offences Confiscation Fund and says that there is no other funding from other special purpose funds but no answer is given in connection with the Government Plan or Budget category of expenditure, therefore a further answer will need to be provided to address that particular point.

1. The Connétable of St Brelade of the Minister for Treasury and Resources regarding the tender for the provision of a new tug for the Ports of Jersey (WQ.39/2021):

Question

Will the Minister, as shareholder representative for the Ports of Jersey, advise Members of the cost of the tender submitted by Damen Shipyards Group for the provision of a new tug (due to be delivered in Quarter 4 this year), the basis on which the tender was accepted and the source of funding for the tug?

Answer

Ports of Jersey has allocated up to £5.4 million from its commercial revenues into the construction of a shallow drafted anchor handling workboat.

Following a comprehensive tender process which included Pre-Qualifying Questionnaire (PQQ) and Invitation to Tender (ITT) stages, Damen Shipyards Group were awarded the contract based on its amalgamated scores across the relevant scoring criteria.

Damen Shipyards Group, are a Netherlands based company founded over ninety years ago, which operates 36 shipyards across 18 countries. Damen also recently carried out a major dry-dock program of the Duke of Normandy.

The new vessel, a Shoalbuster 2711, is based upon the reliable and proven design of The Duke of Normandy but with increased capacity and capability. It will boast an additional two meters of beam providing extra stability and increased deck space allowing for installation of a larger crane.

The new vessel is not a replacement for The Duke of Normandy, which will continue its operational obligations in local waters and still be used commercially off-island when required. In recent years the Duke of Normandy has spent an average of 181 days off Island, undertaking a range of short and long-term contracts, in particular in the growing renewable energy sector, generating circa £2.5 million in revenue. This revenue is used to maintain services for islanders.

The new vessel is due to be delivered by December 2021.

2. Senator S.Y. Mézec of the Minister for Treasury and Resources regarding people earning over £1 million in Jersey (WQ.40/2021):

Question

Further to the answer to Written Question 1/2021, in which it was stated that the number of people in Jersey earning over £1 million a year in 2012 was fewer than 12, will the Minister explain why this figure does not correspond with the information provided in the response that was published on 8th April 2015 to a Freedom of Information request (Reference 202-03-59611), in which it was which stated that the figure was 59?

Answer

The FOI response in 2015 related to a request for information relating to people's "total personal income". Written Question 1/2021 related specifically to earned income, which was emphasised in that answer.

In addition the FOI response considered "individual taxpayers" to include:

• Single individuals
• Married couples / civil partnerships that had not opted for separate assessments (counted as one Individual Taxpayer).

(See explanatory notes accompanying the FOI)

Written Question 1/2021 considered each individual in a marriage/civil partnership separately and only included in the data those specific individuals that had earned income greater than £1m (see first bullet of the notes to the answer tabled).

3. Deputy K.G. Pamplin of St. Saviour of the Chief Minister regarding unpublished Government reports (WQ.41/2021):

Question

Will the Chief Minister provide the Assembly with a list of any completed reviews falling within either his remit or that of the Chief Executive that are as yet unpublished or that have not been actioned, including any reviews relating to States of Jersey employees and Government infrastructure?

Answer

There are three reviews that meet your criteria.

Examination of the housing market in Jersey by the Housing Policy Development Board has concluded. It is anticipated that the final report of the Housing Policy Development Board will be published by end of Q1 2021.

The Independent Review of Children's Residential Homes (undertaken by the Independent Children's Homes Association last summer/autumn) has concluded and the Report is intended to be published by end of Q1/Q2 2021.

HR Lounge report

The HR Lounge, a specialist HR consultancy are conducting the review of our handling of bullying and harassment cases. HR Lounge are reviewing the recommendations previously made and reporting on how far the recommendations have been implemented by the Government of Jersey. The HR Lounge have completed their field work. A final report is expected to be presented to the SEB at the end of February and the report is intended to be officially published by end of Q1/Q2 2021.

4. Deputy R.J. Ward of St. Helier of the Minister for Education regarding peak flow testing in schools (WQ.42/2021):

Question

Will the Minister provide an update on the following aspects of peak flow testing in schools –

1. the number of students tested daily in schools between 12th January and 5th February 2021;
2. this number expressed as a percentage of the school-age population; and
3. the number of tests that were self-administered by students?

Answer

The answers below are for Lateral Flow Device (LFD) testing in school and colleges:

1. Around 1,000 students in total over the period. Once the digital app is rolled out across all schools to record this data, the figures will be updated weekly and published on the school and college statistics page on the Government of Jersey website.
2. 36% of the 2,796 students, in years 11 – 13 in all schools and years 11 – 15 at Highlands College. These are the cohorts eligible for LFD testing currently in accordance with STAC advice. In the same period around 1,500 staff completed a LFD test also.
3. All tests were self-administered by students, with supervision from trained staff.

5. Senator S.Y. Mézec of H.M. Attorney General regarding voting and Powers of Attorney (Jersey) Law 1995 (WQ.44/2021):

Question

Will H.M. Attorney General advise whether the provisions of the Powers of Attorney (Jersey) Law 1995 allow for an individual to attend and vote at a Parish Assembly on behalf of those who have signed over power of attorney to them on that basis; and if so, does this enable one person to vote multiple times on behalf of a number of Parishioners?

Answer

Voting at Parish Assemblies in such ways would not be lawful for the following reasons.

Article 7(1) of the Powers of Attorney (Jersey) Law 1995 (the "1995 Law") provides that a general power of attorney shall confer on the donee (i.e. the recipient) authority to do on behalf of the donor anything the donor can lawfully do by an attorney. However, the 1995 Law does not provide a list of what may or may not be lawfully done by an attorney.

The laws governing Parish Assemblies and voting rights therefore determine what may lawfully be done by an attorney in this context. I have identified no evidence of voting by attorney being permitted at customary law, nor any statute making provision for it. Rather, two statutory provisions confirm the view that such votes would not be valid.

Firstly, Article 23 of the Rates (Jersey) Law 2005 provides in respect of Parish Assemblies that each member of the Assembly has one vote on any decision by the Assembly and that this applies regardless of whether a member is qualified more than once to be a member of the Parish Assembly.

Secondly, the Loi (1804) au sujet des assemblées paroissiales (the "Loi 1804") sets out procedural requirements for Parish Assemblies but says nothing of powers of attorney. On the contrary, Article 12 of the Loi 1804 provides:

A toute Assemblée Paroissiale, dûment convoquée et tenue, le Président sera tenu de mettre en délibération chaque motion faite par un membre, et secondée par un autre membre de l'Assemblée, et de recueillir les opinions sur le sujet

[At any Parish Assembly, duly convened and held, the President shall be required to put for debate each motion proposed by a member and seconded by another member of the Assembly, and to elicit opinions on the subject concerned]

It follows that the vote must be of those present at the Assembly and must come after having heard a debate amongst those present. To allow voting by power of attorney would be to record votes in respect of members of the Assembly who were not present to hear the debate contrary to the scheme of the Loi 1804.

6. Senator S.Y. Mézec of the Minister for Social Security regarding increasing the level of the minimum wage to the same as the living wage (WQ.45/2021):

Question

Will the Minister advise, on the basis of Jersey's minimum wage increasing to the level of the Island's living wage (i.e. £10.96 per hour) –

1. how many workers would receive a pay rise;
2. how many workers who are claiming Income Support would be raised above the threshold to claim such support; and
3. what amount, if any, would be saved from the Income Support budget?

Answer

1. Information on hourly wage rates is only available through survey data. The most recent information available was collected in June 2019. At that time the minimum wage was £7.88. The survey results indicate that 5% of private sector jobs were paid at the minimum wage rate and 11% were paid between £7.88 and £8.25. Similar percentages were identified from the previous survey in 2016. It is not possible to estimate the total number of private sector workers who would receive a pay rise if the minimum wage increased from £8.32 to £10.96. All public sector workers have been covered by the voluntary living wage commitment since 2018.
2. And (c) An increase of 32% in the minimum wage from 8.32 to £10.96 would have significant impacts across many areas of the labour market and a full economic analysis would be required to provide advice on the possible consequences e.g. potential job losses/sectors. The Chief Minister published a detailed report from Oxera in 2017  (R.83/2017) which examined the possible impact of an increase in minimum wage from £7.18 to £7.88 (a 10% increase) and from £7.18 to £8.40 ( a 17% increase). Furthermore, due to the pandemic, the current economic position and outlook is very different now compared to 2017. As such, it is not possible in this written question to provide advice on the number of workers who are claiming Income Support who would be raised above the threshold to claim such support nor the amount, if any, that would be saved from the Income Support budget, as a consequence of increasing the minimum wage from £8.32 to £10.96.

7. Deputy R.J. Ward of St. Helier of the Chief Minister regarding conflicts of interest (WQ.46/2021):

Question

Will the Chief Minister outline the process for declaring and documenting conflicts of interest that arise during any decision-making process, both for Ministers and for employees; and will he advise the Assembly how many decisions, if any, have been taken where a conflict of interest has been identified, specify what any such decisions were, and describe the steps that were taken to mitigate any risks arising from such conflicts of interest?

Answer

In addition to the obligations placed on all Members under Standing Orders in relation to the register of interests and the "Code of Conduct for Elected Members", the "Codes of Conduct and Practice for Ministers and Assistant Ministers" (the "Ministerial Code") clearly outlines that Ministers and Assistant Ministers must abide by the seven principles of public life, and thereon scrupulously avoid real or perceived conflicts of interest in the discharge of their public duties. This includes declaring those interests in relation to any topic discussed at the Council of Ministers, as a matter of long- established practice. These declarations are recorded in the relevant "A" or "B" minutes (they are not separately collated).

Ministers and Assistant Ministers, ultimately however, are accountable for their own compliance with the Ministerial Code, making appropriate declarations and reporting any breaches to the Chief Minister or the Privileges and Procedures Committee. However, it should be noted that any directorships and other significant interests are set out in the Register of Interests as held by the Greffier of the States. These interests are held on respective members' pages on the States Assembly website.

Employees are bound by the Public Finances Manual where accountabilities and requirements are set out in relation to spending and contracts. Accountable Officers are defined within the Public Finances Law and are typically Director Generals or the most senior person in non-governmental departments. They are responsible for identifying actual or potential conflicts of interest and mitigating such conflicts through steps such as declaration or register, requesting for a temporary substitute and resignation, depending on the type of conflict identified. In doing so, they are provided with an annual letter of appointment and make an annual return from their individual areas. These annual returns are returned to the Principal Accountable Officer (the Chief Executive) and the Treasurer, where material they are declared in the Annual Accounts. The Public Finances Manual goes on to highlight this requirement in relation to Arm's Length Organisations and grants. Commercial Services have specific requirements in relation to declaring conflicts during procurement processes. All activities are subject to Internal Audit at any time. Internal Audit activity is specifically planned to detect any potential instances of corruption.

During the recruitment of employees, declarations are made by the panel (who undertake shortlisting and interviews) with the chair of the panel responsible for maintaining the records. Should any declaration be made for a potential or actual declaration of interest, officers within People and Corporate Services will be consulted.

For senior appointments, the Jersey Appointments Commission oversees and audits the declarations. Each panel member must complete a declaration form.

Accountable Officers are required to confirm that any conflicts of interest identified have been managed appropriately. Across Government there is a wide range of decision-making processes that exist, each has differing types of conflict of interest. There is a central register in relation to directorships and conflicts of interest. Subject to the introduction of the new Code of Practise, which is due to go to the States Employment Board this week, an expanded register will be implemented in due course.

There are no known instances of decisions being taken where an unmanaged conflict was subsequently identified.

8. Deputy R.J. Ward of St. Helier of the Minister for Education regarding the free school meals pilot programme (WQ.47/2021):

Question

Will the Minister advise what work, if any, is currently being undertaken to evaluate the free school meals pilot; and will he outline the timescale for decision-making regarding the future of this scheme?

Answer

The pilot scheme is part of the Nutrition Strategy with budget held outside of CYPES. It is being managed by the Pilot Steering Group and Operational team who meet on a regular basis. At these meetings, the pilot scheme rollout, KPI's and key data relating to the following is evaluated:

1. Meal service - percentage uptake across the three pilot schools to ensure eligible parents are aware and signing up.  
2. Income support families – current uptake, (and consideration as to how this will be managed in the future, the approach, working with CLS, compliance/data sharing etc.)
3. Surveys - parental survey results and taster sessions  
4. Food waste - measured to inform menu development  
5. Menu development – compliance with the Government's food nutrition strategy  
6. Risks and issues – any current onsite and potential future risks and issues are considered  
7. Finance - cost per meal, income and expenditure performance and forecast.  
8. Engagement ideas – internal and external communication and supporting agencies.  

The service provider collects, and reports data based on the KPI's agreed at the outset of the partnership. They collect this data through online surveys and using a token system (each day) which is a simple way for children to indicate the meals they like and don't like.

The KPI's include:

• Child satisfaction
• Parent satisfaction
• Current uptake for parent paid meals and free school meals.

Financial projections and food model proposals are anticipated to be presented in June this year, with next steps agreed, including funding requirements and approach, which could include a full procurement and tendering process. The final evaluation of the data, food model and capital outlay will form the decision-making process and it is envisaged that a phased scheme for the provision of a school meals service across the Primary schools will be in place for by Q1 2022.

9. Deputy R.J. Ward of St. Helier of the Minister for Infrastructure regarding the priority given to pedestrians, cyclists and horse riders in Green Lanes (WQ.48/2021):

Question

Will the Minister advise what work, if any, has been undertaken to date to bring forward the changes outlined in Green Lanes and quiet lanes: priority to pedestrians, cyclists and horse riders' (P.79/2020), adopted as amended by the Comité des Connétable s?

Answer

While the Minister for Infrastructure administers the Road Traffic Law (Jersey) 1956 and is responsible for administering main roads, the Parishes are the legal Road Authorities for administering the by-roads.

Clause (c) of the Proposition requests "..the Comité des Connétable s, in consultation with the Minister for Infrastructure, to bring forward for approval the necessary changes to legislation to give effect to paragraphs (a) Page - 3 P.79/2020 Amd. and (b) by the first quarter of 2021, if considered practicable by the Comité and the Minister" [Emphasis added]

As the legal entities responsible for the administration of the parish roads, the onus can only be on parishes to initiate any consultation. The Minister for Infrastructure is not able to direct the parish road authorities how to act. Indeed, it would be informative for the Deputy to meet with the Comité to understand their position directly.

Notwithstanding this, I have been advised by the Comité that advice is being sought as to whether it is practicable to enact Clause (a). Until this has been established, it is not possible for the Comité to consult with the Minister for Infrastructure on any changes to the Road Traffic Law (Jersey) 1956 or know whether the remainder of measures set out in P.79/2020 are practicable.

In the meanwhile, I have asked officers to provisionally include it in the rapid plans identified in the STP, this is largely expected to feature in the Active Travel Plan which will support non-motorised journeys.

10. Senator S.C. Ferguson of the Minister for Treasury and Resources regarding JT network problems (WQ.49/2021):

Question

Further to reports of problems with the JT network and data connections, will the Assistant Minister advise whether JT has notified the Minister, as shareholder representative, of any such problems; and if so, will he state what explanation has been provided by JT for the cause of the problems, if known, and whether they are ongoing problems or new issues with the network?

Answer

Jersey Telecom ("JT") operates a "no surprises" policy with the Minister, as shareholder representative, in accordance with the Memorandum of Understanding between the parties.

Under that policy, JT has notified the Minister that they are not aware of any network or data connection issues on the JT network.

11. Senator S.C. Ferguson of the Minister for Economic Development, Tourism, Sport and Culture regarding JT reliability and communication (WQ.50/2021):

Question

Given the importance of a reliable data supply to the delivery of improved productivity, will the Minister advise whether any problems with the reliability of the data supply and data sources within JT's services have been communicated to his Department and, if so, whether the Department has been involved in any investigation of the problems and their impact on productivity; and, if problems have been reported, will he advise why States members have not been notified?

Answer

There have been no recent notifications of issues with the reliability of the JT service and no implications for productivity. The Jersey Competition and Regulatory Authority are currently investigating an outage that occurred in July 2020 and States Members will be notified of the outcome.

For completeness, I would refer the Senator to an answer provided by the Treasury Minister to Written Question 49, which relates to the same issue:

Jersey Telecom operates a no surprises' policy with the Minister, as shareholder representative, in accordance with the memorandum of Understanding between the parties. Under that policy, JT has notified the Minister that they are not aware of any network or data connection issues on the JT network.

12. Deputy C.S. Alves of St. Helier of the Minister for Education regarding Lateral Flow Testing on Students (WQ.51/2021):

Question

Will the Minister state, in relation to the use of Lateral Flow Testing on students –

1. what percentage of students are being tested;
2. how often they are being tested;
3. how many tests have seen a positive result;
4. how many results have led to a subsequent P.C.R. test; and
5. of any such P.C.R. tests, howmany have seen a positive result?

Answer

For the first half of the Spring Term:

1. In accordance with STAC advice students in years 11 – 13 in all schools and in years 11 – 15 at Highlands College are eligible for weekly LFD testing. 36% of the 2,796 students in these year groups were tested in the first half of the term, as the LFD testing programmes was piloted and rolled out throughout this period. From Monday 22nd February LFD testing will be available to all eligible students and staff on a weekly basis.
2. Testing is offered weekly, on a day that suits the individual school timetable
3. 1
4. 1
5. None

13. Deputy C.S. Alves of St. Helier of the Minister for Health and Social Services regarding the Jersey Covid Alert app (WQ.52/2021):

Question

Will the Minister provide an update on the usage of the Jersey Covid Alert app, including –

1. how many devices currently have the app installed;
2. how many times the app has been installed and subsequently uninstalled; and
3. since the launch of the app, the number of people each month who have been contact-traced via the app?

Answer

1. As at 5pm on 16 February, 50,859 installations of the Jersey COVID Alert App had been downloaded and activated. At more than 40% of the population of the island, we are unaware of any other country or territory with better Alert App uptake.
2. Some 700 people have asked to be forgotten' ie where their phone number is not shown on the App; we do not know how many people have uninstalled' the app because Apple does not provide these figures.
3. 969 users have received an Exposure Alert on their device which resulted in their phone number being shared with the contact tracing team for further contact tracing and isolation:

• October 2020: 4
• November: 202
• December: 682
• January 2021: 64
• February: 17

14. Deputy C.S. Alves of St. Helier of the Minister for Health and Social Services regarding workforce testing (WQ.53/2021):

Question

Will the Minister provide, by sector, the figures for take-up of workforce testing? Answer

The table below shows people registered for workforce screening tests during the most recent 8 weeks (21st December 2020 to 14th February 2021). Please note that data is analysed according to how a workforce test is booked in the system – for example, we are aware of some inconsistencies where employment sector is not appropriately selected.

As set out at: https://www.gov.je/health/coronavirus/health/pages/covid19testingprogramme.aspx

we continue to encourage those whose type of work falls within any of the categories listed on the website to participate in the workforce screening programme at the recommended frequency of testing.

15. Deputy G.P. Southern of St. Helier of the Minister for Social Security regarding the rates of Income Support components (WQ.54/2021):

Question

Further to the response to Written Question 9/2021, will the Minister –

1. explain why the response drew a comparison between the change in average weekly claims for Income Support and the prospective uprate in Income Support components on the basis of R.P.I.;
2. state the percentage rise in the components labelled as Basic Rates (i.e. removing the rental components) in order to indicate changes in disposable income compared with R.P.I.; and
3. state the percentage rise in the rental components over the period 2014 to 2021?

Answer

1. Written question 9/2021 requested information on Income Support components and included a request to confirm "how much they would have been uprated by if theyhad been updated to match inflation". The answer to question 9/2021 used the Retail Price Index (RPI) as the most common measure of inflation.
2. The information given in question 9 provided full details of Income Support rates between January 2014 and January 2021. It noted that:

The Income Support scheme is based on a combination of components and disregards, ensuring that each household claim takes full account of the size and nature of the household and its income and other assets.

There have been many changes to the Income Support scheme since 2014. The disregard applied to earned income has increased from 20% to 26% over this period. For each £100 of wages received in a week, an Income Support claimant now retains £26, compared to a retention of £20 in 2014. The income disregard now applies to earned income, pension income and maintenance income received by household members.

The RPI for December 2013 was 156.4. The RPI for December 2020 was 181.4. Components would have been uprated by 16% if they had been updated to match inflation. The average income support weekly claim amount over the same time has increased by 18% from £218 per week to £257 per week.

It is not possible to calculate disposable income from the Basic Rates. Household disposable income will depend on household composition and income.

The percentage change from the 2014 rate to the 2021 rate is shown in the right-hand column of the table below.

3. The percentage rise in rental components is shown in the right-hand column of the table.

Table of 2014 and 2021 Income Support component rates and the percentage change over this period.

Note: This table cannot be used to calculate changes in overall Income Support levels or the disposable income of Income Support claimants. The Income Support scheme is based on a combination of components and disregards. The average Income Support weekly claim amount over the same time has increased by 18% from £218 per week to £257 per week.

16. Deputy G.P. Southern of St. Helier of the Minister for External Relations regarding the impact of Brexit (WQ.56/2021):

Question

Given the impact of Brexit on the U.K.'s access to European financial markets, will the Minister advise –

1. when, if at all, he expects to see significant progress on the U.K. gaining access through the equivalence' of regulations;
2. what part, if any, he will have in any equivalence negotiations; and
3. whether there has been any loss in business volumes in Jersey's own finance sector in response to the lack of agreement between U.K. and the E.U. or any transfer of business to European countries?

Answer

(a) The EU and UK have committed to agree a Memorandum of Understanding by March 2021 establishing the framework for regulatory cooperation, which will provide for arrangements on how to deal with equivalence determinations. The EU has recently published draft decisions on adequacy under the General Data Protection Regulation and the Law Enforcement Directive. There has been no indication when the EU will make equivalence decisions on the UK regulatory regime beyond this.

1. Decisions on equivalence taken by the EU and UK with respect to the other party are subject to bilateral discussions, to which I would not expect Jersey to participate as a third party.
2. We have seen not seen significant impact on our business volumes. The stability and the certainty provided by Jersey has proved attractive to international fund managers as reflected in the continued growth in funds.

17. Deputy I. Gardiner of St. Helier of the Minister for the Environment regarding the Blue Badge Scheme (WQ.57/2021):

Question

In relation to the Jersey Blue Badge Scheme, will the Minister advise –

1. whether his Department has produced a report into parking for the Scheme and, if so, why;
2. when any such report was initiated;
3. whether the Minister for Infrastructure was consulted prior to the instigation of any such report; and, if not, why not given that this Minister has responsibility for car parks and Parking Control; and
4. whether there is any intention to liaise with the Parking Control Office (which holds relevant information) in order to avoid any duplication?

Answer

To my knowledge, as the Jersey Blue Badge Scheme has no immediate relation to the portfolio of the Minister for the Environment, no report has been produced. The scheme and relevant legislation fall within the remit of the Minister for Infrastructure.

18. Deputy I. Gardiner of St. Helier of the Minister for Infrastructure regarding the Blue Badge Scheme (WQ.58/2021):

Question

In relation to the Jersey Blue Badge Scheme, will the Minister provide the following details for each year for the last three years, 2018 to 2020 –

1. the total number of applications to the Scheme;
2. the number of applications approved together with a breakdown by category;
3. the number of applications rejected, and the reasons given for rejection;
4. the number of applications that were renewals;
5. a breakdown of the total cost to the applicant of an application, to include the cost of the application fee and the cost of any documents that are required; and
6. a breakdown of the total administrative costs of a single application?

Answer

Under the Road Traffic Law (Jersey) 1956 the Minister may appoint such other Authority as the Minister thinks fit, and on terms as may be agreed, to issue Blue Badges on the Minister's behalf. The Minister for Infrastructure, under a long-standing agreement, has appointed the Parish of St Helier to undertake this function and provided for within the specified fee the Parish to recoup its reasonable costs, as permitted by the law.

The application requires a medical declaration that the applicant's doctor must complete or, if they have impaired sight, certification from Eyecan (formerly the Jersey Blind Society).

The applicant must also provide two recent passport type photographs and a fee of £15. Where a permit is being renewed old badge must be submitted before the Parish Customer Services Team can issue the new one. A badge is valid for a period of 3 years.

1. See answers (b) and (c) below.
2. Number of applications approved.

1. 2020 – 1,355
2. 2019 – 1,594
3. 2018 – 1,514

Details of medical categories are not held as this information remains confidential between the certifying medical practitioner and the applicant. It is important to note that not all disabilities are physical or visible, the overreaching criteria is that the applicant has a permanent and substantial disability, which causes inability to walk or very considerable difficulty in walking or is registered blind with Eyecan.

3. Rejected applications not recorded, but anecdotally the Parish Customer Service Team report very few. When rejected, it is usually due to incomplete section on form. Once brought to the applicant's attention, the form is amended and resubmitted at no additional cost.
4. Renewals:

1. 2020 – 776
2. 2019 - 895
3. 2018 – 848

5. Fee is £15 and the badge is valid for 3 years. Application forms are provided free of charge, some medical practices may charge for a signature or a consultation if required.
6. Breakdown of costs per application: Consumables (badge with security features, lamination pouch, information leaflets, stationary etc.) £7.60, staff time £6.90 and postage £0.53.

19. Deputy M.R. Higgins of St. Helier of the Minister for Health and Social Services regarding the recording of incidents in the Hospital and the wider health service (WQ.59/2021):

Question

Will the Minister advise members –

1. how the Hospital and Health service record the details of incidents involving injury to patients (whether in theatre, post-theatre, in wards, during transfer from one part of the hospital or health facilities to another or in post treatment or supportive services);
2. where any such records are kept, how patients can access them, and what restrictions on access to them, if any, there are;

3. what vetting or quality control, if any, is taken in compiling such reports to ensure their accuracy; and
4. what use is made of these records to ensure that lessons are learned?

Answer

1. Health & Community Services records patient safety incidents resulting in harm, no harm, or near misses on an application called Datix. Datix is a risk management system that is considered to be the industry standard. Datix is used by over 70% of the NHS and widely across the world by other health and non-health organisations.
2. Records can be made available via a Subject Access Request' by the individual to which the incident relates or by a person who has the verified authority (consent) of the individual to which the incident relates. A Subject Access Request is a right afforded under Data Protection (Jersey) Law 2018. Data that relates to other people (third parties) is restricted to protect their privacy, and records may be restricted should a medical professional consider the disclosure may cause harm to the individual or others should the information be disclosed.
3. All incidents reported are triaged daily in a standardised way to ensure they are categorised correctly, which supports data accuracy. Furthermore, nurses, doctors, allied health professionals and other clinical / non-clinical members of staff routinely complete investigations for all reported incidents where further checks are made to ensure accuracy.
4. All incident investigations require Lessons learned' and Actions taken (to reduce the likelihood of reoccurrence)' to be identified, documented and shared with wards/teams.

20. Deputy M.R. Higgins of St. Helier of the Minister for Health and Social Services regarding the recording of incidents in the Hospital and the wider health service (WQ.60/2021):

Question

Will the Minister, in relation to incident reports generated in the Hospital and health service –

1. advise how many such reports have been generated each year since 2017 to the present date, in each department or category; and
2. detail the nature of the incidents reported in each of the years in paragraph (a), the frequency in which they occurred, and the lessons learned, and actions taken, in relation to them?

Answer

A safety incident is any unintended or unexpected event which could have led, or did lead, to harm. Incidents are investigated to support learning, which, in turn, helps to keep patients safe; incident reporting is actively encouraged across all health and social care settings locally, nationally and internationally.

A high level of incidents reported reflects an improved reporting culture and should not be interpreted as a decrease in the safety of the organisation. Equally, a decrease cannot be interpreted as an increase in safety.

When incidents or near misses occur in care it is vital they are recorded to ensure learning can take place. This means that people work out if anything has gone wrong and why; this way effective actions can be taken locally to help reduce risk. The intention is to protect patients from harm.

Patient safety related incident reports from NHS Trusts are uploaded from their risk management systems into a central repository, which receives over two million incident reports each year.

It is unlikely that any direct comparison with other organisations can be made in health and social care settings, such as HCS, where there are a broad range of services under one roof – care settings which include acute, mental health, social, learning disability and ambulance services. However, by way of an example, last year the Isle of Wight reported 4,400 incidents and some large acute trusts in the UK can be reporting in the region of over 10,000 incidents per year.

1. A total of 15,212 incidents were reported between January 2017 and December 2020. This number includes various affected parties (patient/client/service users, under 18s, employees, contractors, visitors and the organisation (HCS).

Below are the totals by year from 2017 to 2020. We are constantly looking to increase the reporting of incidents to improve safety through learning.

High levels of incidents reported reflects an improved reporting culture and should not be interpreted as a decrease in the safety of HCS. Equally, a decrease cannot be interpreted as an increase in safety.

2. 93% of all incidents result in low harm or no harm. All patients involved in safety events are advised of the event and the nature of any harm. For example, if the nurse gives the wrong dose of a medication this is escalated to the doctors and pharmacists for discussion and patient reviewed, if required. The patient is informed and an explanation provided as to whether this is a no harm event or has any potential side effects. This is documented in the patient record, including the conversation with the patient regarding the incident. Where possible, individual patients are involved in supporting or identifying learning.

We have over 25 categories of incidents, examples include: patient accident, such as slips, trips and falls; implementation of care and ongoing monitoring/review; medication error; access, admission, transfer,  discharge  (including  missing  patient);  behaviour  -  violence and  aggression;  infection control; devices and equipment.

The categories are further broken down into a range of over 200 subcategories and hundreds of potential subgroups – for example, if the main category is an accident that may/did result in injury, this could include events such as a collision with an object; entrapment; a needle stick injury or a moving and handling accident, plus many more.

The top categories reported across HCS will vary according to the care setting because of differences in care and/or treatment provided – for example, in HCS this may range from acute hospital, maternity, social, safeguarding, mental health and learning disabilities services.

Falls / pressure ulcers / medication errors remain among the top preventable harms within acute NHS organisations and HCS has a similar profile. The economies of scale and the amalgamation of many different services under one health (physical and mental) and social care organisation can make comparisons difficult.

The data on Lessons Learned and Action Taken consists of qualitative data and can contain large amounts of narrative, therefore, due to the nature of the data and the broad date range requested, providing this full account is not practical as it would run to thousands of pages.

However, lessons from individual incidents and themes are shared at ward level and department level, across  and  between  care  groups  at  their  monthly  Quality  &  Safety  Governance  meetings. Presentations related to some incident learning are also delivered at ward/department meetings, leadership/clinical /care speciality meetings and clinical audit days. Individual teams at ward and department level have safety huddles where events are discussed and learning circulated.

The incident management data, including learning and subsequent actions, are presented by each care group at their performance review every five weeks. This data feeds into the HCS Quality & Risk Committee, which reports to the HCS Board. This forms part of our governance assurance structure that is monitored by the Senior Leadership and Ministerial teams.

21. Deputy M.R. Higgins of St. Helier of the Minister for Treasury and Resources regarding the Criminal Offences Confiscation Fund (WQ.61/2021):

Question

Will the Minister advise how much funding has been allocated over the last 5 years, from the Government Plan or budget, from the Criminal Offences Confiscation Fund or from any other special purpose fund, to the following organisations, breaking such expenditure down by funding source and the purpose of the funding –

1. the Judiciary (i.e. courts and tribunals);
2. the Law Officers' Department;
3. the Police (both Honorary and States); and
4. any other organization or body that is funded from general funds, but that also has access to such special purpose funds?

Answer

This answer provides supplementary information to the original answer tabled on 22nd February 2021. That answer is reproduced at the foot of this document.

This answer lists all allocations from the Government Plan or budget to organisations listed in (a) to (c). To answer part (d) of the question literally would mean listing all allocations to all departments (who subsequently allocate to other bodies by grant) as already set out publicly in Medium Term Financial Plans. Budgets and Government Plans. This answer assumes that the Deputy is primarily interested in bodies listed (or similar to) those listed in (a) to (c).

The following table shows allocations from the Medium-Term Financial Plan, annual Budgets and Government Plans to the bodies listed in parts (a) to (c) of the question.

Abbreviations used:

LOD Law Officers' Department

SOJP States of Jersey Police

CCA Community and Constitutional Affairs

JHA   Justice and Home Affairs

IHE   Infrastructure, Housing and Environment Answer tabled on 22nd February 2021

The  table  below  shows  allocations  made  from  the  Criminal  Offences  Confiscation  Fund  to organisations or bodies since 2017. There were no allocations from that Fund in 2016. There have been no known allocations from any other special purpose fund to organisations listed in (a) to (d) in the last 5 years.

22. Deputy L.B.E. Ash of St. Clement of the Minister for Economic Development, Tourism, Sport and Culture regarding the football goals at F.B. Fields and Le Rocquier School (WQ.62/2021):

Question

Will the Minister advise why the football goals were removed from F.B. Fields and Le Rocquier School playing fields during the February half-term, and whether or not this is standard Departmental policy; and if this is standard practice, will he explain why?

Answer

This is not standard practice at either location but goals have been removed to enable essential maintenance and repair work to take place.

FB Fields

Large groups of more than 10 have been using the pitches during very wet conditions and the grass playing surface had been churned and damaged as a result. User groups including Jersey Football Combination and Schools were consulted and they confirmed that they no longer required the pitches so the goals were removed. Grass seed is on order and as soon as it arrives, the whole field will be renovated. If left, the surfaces would have been in extremely poor condition to the extent that surface smoothness would have been a health and safety concern for the cricket season. Causal family use of the field is still permitted.

Le Rocquier School Playing Fields

The  school  has  been  consulted  by  the  Playing  Fields  section  of  Infrastructure  Housing  and Environment, which has the contract for maintenance and marking work on this playing field. The school reported that they were not using the goals and so they were taken down to enable early renovation of the field and preparations to being for the summer term.

23. Senator S.Y. Mézec of the Minister for Treasury and Resources regarding Income tax assessment bands for 2011-2021 (WQ.63/2021):

Question

Further to the answer to Written Question 40/2021, will the Minister provide an update on the information that was provided in the response to the Freedom of Information request entitled Income tax assessed in different bands 2003, 2006, 2009 and 2012' in the same format, but for each of the last ten years?

Answer

The total income figures provided are for total income assessable for tax based on data held in February 2021. This is because where the income assessed differs from income declared on an individual tax return, the actual income declared will not be recorded on the Revenue Jersey legacy system.

In respect of the total income tax assessed, Revenue Jersey has provided details of the tax liability.

(Taxpayers rounded to nearest 10, Total Income and Tax Liability rounded to £100k. Columns may not sum due to rounding.)

2009

50K to 99K  10100  692.0  105.6 100K to 199K  3220  427.7  75.2 200K to 299K  580  139.7  24.0 300K to 399K  200  67.4  11.1 400K to 499K  110  49.2  7.5 500K to 999K  190  130.4  20.5 >=£1m  70  144.6  11.7 Total Including TAS  58660  2,639.0  348.7

Tax  deducted  as  source

(TAS)  7.0 Total Including TAS  355.7

2013